Legislature(2001 - 2002)

03/25/2002 01:10 PM House RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                         March 25, 2002                                                                                         
                           1:10 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Beverly Masek, Co-Chair                                                                                          
Representative Drew Scalzi, Co-Chair                                                                                            
Representative Hugh Fate, Vice Chair                                                                                            
Representative Joe Green                                                                                                        
Representative Mike Chenault                                                                                                    
Representative Lesil McGuire                                                                                                    
Representative Gary Stevens                                                                                                     
Representative Mary Kapsner                                                                                                     
Representative Beth Kerttula                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 343(RES)                                                                                                 
"An Act  clarifying the term  'best technology' required  for use                                                               
in  oil discharge  prevention  and  contingency plans;  affirming                                                               
existing  Department  of Environmental  Conservation  regulations                                                               
defining  'best  technology'  and oil  discharge  prevention  and                                                               
contingency   plans  approved   using   those  regulations;   and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED CSSB 343(RES) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 474                                                                                                              
"An  Act  relating  to public  rights-of-way  and  easements  for                                                               
surface transportation  affecting the Anchorage  Coastal Wildlife                                                               
Refuge."                                                                                                                        
                                                                                                                                
     - MOVED CSHB 474(CRA) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE JOINT RESOLUTION NO. 46                                                                                                   
Relating to the moratorium on fish farming in British Colombia.                                                                 
                                                                                                                                
     - MOVED CSHJR 46(RES) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 508                                                                                                              
"An  Act  relating  to  publication of  results  of  testing  for                                                               
paralytic shellfish poisoning by  the Department of Environmental                                                               
Conservation   and  to   participation  of   the  Department   of                                                               
Environmental Conservation in the  development of operating plans                                                               
of qualified regional dive fishery associations."                                                                               
                                                                                                                                
     - MOVED HB 508 OUT OF COMMITTEE                                                                                            
                                                                                                                                
PREVIOUS ACTION                                                                                                               
                                                                                                                                
BILL: SB 343                                                                                                                  
SHORT TITLE:BEST AVAILABLE TECHNOLOGY:DISCHARGE PLAN                                                                            
SPONSOR(S): RESOURCES                                                                                                           
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/27/02     2319       (S)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/27/02     2319       (S)        RES                                                                                          
03/04/02                (S)        RES AT 3:30 PM BUTROVICH 205                                                                 
03/04/02                (S)        Moved CS(RES) Out of                                                                         
                                   Committee                                                                                    
03/06/02     2386       (S)        RES RPT CS 6DP 1NR SAME TITLE                                                                
03/06/02     2386       (S)        DP: TORGERSON, TAYLOR,                                                                       
                                   HALFORD,                                                                                     
03/06/02     2386       (S)        STEVENS, WILKEN, LINCOLN; NR:                                                                
                                   ELTON                                                                                        
03/06/02     2387       (S)        FN1: ZERO(DEC)                                                                               
03/13/02                (S)        RLS AT 11:00 AM FAHRENKAMP                                                                   
                                   203                                                                                          
03/13/02                (S)        MINUTE(RLS)                                                                                  
03/13/02     2416       (S)        RULES TO CALENDAR 3/13/02                                                                    
03/13/02     2417       (S)        READ THE SECOND TIME                                                                         
03/13/02     2417       (S)        RES CS ADOPTED UNAN CONSENT                                                                  
03/13/02     2417       (S)        ADVANCED TO THIRD READING                                                                    
                                   UNAN CONSENT                                                                                 
03/13/02     2417       (S)        READ THE THIRD TIME CSSB
                                   343(RES)                                                                                     
03/13/02     2417       (S)        PASSED Y17 N1 E1 A1                                                                          
03/13/02     2418       (S)        EFFECTIVE DATE(S) SAME AS                                                                    
                                   PASSAGE                                                                                      
03/13/02     2420       (S)        TRANSMITTED TO (H)                                                                           
03/13/02     2420       (S)        VERSION: CSSB 343(RES)                                                                       
03/15/02     2538       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
03/15/02     2538       (H)        O&G, RES                                                                                     
03/22/02                (H)        O&G AT 8:00 AM CAPITOL 124                                                                   
03/22/02                (H)        Moved Out of Committee                                                                       
03/22/02     2642       (H)        O&G RPT 3DP 2NR 1AM                                                                          
03/22/02     2642       (H)        DP: DYSON, CHENAULT, FATE;                                                                   
                                   NR: JOULE,                                                                                   
03/22/02     2642       (H)        GUESS; AM: KOHRING                                                                           
03/22/02     2642       (H)        FN1: ZERO(DEC)                                                                               
03/25/02                (H)        RES AT 1:00 PM CAPITOL 124                                                                   
                                                                                                                                
BILL: HB 474                                                                                                                  
SHORT TITLE:ANCHORAGE COASTAL WILDLIFE REFUGE                                                                                   
SPONSOR(S): REPRESENTATIVE(S)GREEN                                                                                              
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/19/02     2315       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/19/02     2315       (H)        CRA, RES                                                                                     
03/05/02                (H)        CRA AT 8:00 AM CAPITOL 124                                                                   
03/05/02                (H)        Heard & Held                                                                                 
03/05/02                (H)        MINUTE(CRA)                                                                                  
03/19/02                (H)        CRA AT 8:00 AM CAPITOL 124                                                                   
03/19/02                (H)        Moved CSHB 474(CRA) Out of                                                                   
                                   Committee                                                                                    
03/19/02                (H)        MINUTE(CRA)                                                                                  
03/20/02     2617       (H)        CRA RPT CS(CRA) 2DP 4NR                                                                      
03/20/02     2617       (H)        DP: SCALZI, MEYER; NR:                                                                       
                                   MURKOWSKI,                                                                                   
03/20/02     2617       (H)        GUESS, KERTTULA, MORGAN                                                                      
03/20/02     2617       (H)        FN1: ZERO(H.CRA)                                                                             
03/22/02     2655       (H)        COSPONSOR(S): MCGUIRE                                                                        
03/25/02                (H)        RES AT 1:00 PM CAPITOL 124                                                                   
                                                                                                                                
BILL: HJR 46                                                                                                                  
SHORT TITLE:BC MORATORIUM ON FISH FARMING                                                                                       
SPONSOR(S): FISHERIES                                                                                                           
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
02/19/02     2308       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
02/19/02     2308       (H)        FSH, RES                                                                                     
03/04/02                (H)        FSH AT 3:30 PM CAPITOL 124                                                                   
03/04/02                (H)        Scheduled But Not Heard                                                                      
03/18/02                (H)        FSH AT 3:30 PM CAPITOL 124                                                                   
03/18/02                (H)        Moved CSHJR 46(FSH) Out of                                                                   
                                   Committee                                                                                    
03/18/02                (H)        MINUTE(FSH)                                                                                  
03/19/02     2602       (H)        FSH RPT CS(FSH) 6DP                                                                          
03/19/02     2602       (H)        DP: DYSON, COGHILL, SCALZI,                                                                  
                                   KERTTULA,                                                                                    
03/19/02     2602       (H)        STEVENS, WILSON                                                                              
03/19/02     2602       (H)        FN1: ZERO(H.FSH)                                                                             
03/25/02                (H)        RES AT 1:00 PM CAPITOL 124                                                                   
                                                                                                                                
BILL: HB 508                                                                                                                  
SHORT TITLE:DIVE FISHERY ASSOCIATIONS/PSP REPORTS                                                                               
SPONSOR(S): RESOURCES                                                                                                           
                                                                                                                                
Jrn-Date   Jrn-Page                     Action                                                                                  
03/20/02     2618       (H)        READ THE FIRST TIME -                                                                        
                                   REFERRALS                                                                                    
03/20/02     2618       (H)        RES                                                                                          
03/25/02                (H)        RES AT 1:00 PM CAPITOL 124                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR JOHN TORGERSON                                                                                                          
Alaska State Legislature                                                                                                        
Capitol Building, Room 427                                                                                                      
Juneau, Alaska  99801-1182                                                                                                      
POSITION STATEMENT:  Presented CSSB 343(RES) on behalf of the                                                                   
Senate Resources Standing Committee, sponsor, which he chairs.                                                                  
                                                                                                                                
LARRY DIETRICK, Director                                                                                                        
Division of Spill Prevention and Response                                                                                       
Department of Environmental Conservation                                                                                        
410 Willoughby Avenue, Suite 303                                                                                                
Juneau, Alaska  99801-1795                                                                                                      
POSITION STATEMENT:  Testified on SB 343; indicated the issue is                                                                
the legislative intent for meeting the "best available                                                                          
technology" statutory requirement.                                                                                              
                                                                                                                                
DOUGLAS MERTZ                                                                                                                   
Prince William Sound Regional Citizens' Advisory Council                                                                        
319 Seward Street                                                                                                               
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Testified in favor of SB 343.                                                                              
                                                                                                                                
MARILYN CROCKETT, Deputy Director                                                                                               
Alaska Oil and Gas Association (AOGA)                                                                                           
121 West Fireweed, Suite 207                                                                                                    
Anchorage, Alaska  99503                                                                                                        
POSITION STATEMENT:  Testified in support of SB 343; indicated                                                                  
passage of SB 343 would remove the obstacle faced by the                                                                        
industry because of the supreme court decision.                                                                                 
                                                                                                                                
BRECK TOSTEVIN, Assistant Attorney General                                                                                      
Environmental Section                                                                                                           
Civil Division (Anchorage)                                                                                                      
Department of Law                                                                                                               
103 West 4th Avenue, Suite 200                                                                                                  
Anchorage, Alaska  99501                                                                                                        
POSITION STATEMENT:  Testified on SB 343.                                                                                       
                                                                                                                                
SUE ASPELUND, Executive Director                                                                                                
Cordova District Fishermen United (CDFU)                                                                                        
P.O. Box 939                                                                                                                    
Cordova, Alaska  99574                                                                                                          
POSITION STATEMENT:  Testified on  SB 343; supported the proposed                                                               
amendment  language submitted  by the  Prince William  Sound RCAC                                                               
and  strongly   encouraged  including  periodic   best  available                                                               
technology conferences consistent with the 1997 regulations.                                                                    
                                                                                                                                
ROSS COEN                                                                                                                       
Alaska Forum for Environmental Responsibility                                                                                   
P.O. Box 82718                                                                                                                  
Fairbanks, Alaska  99708                                                                                                        
POSITION STATEMENT:   Testified on  SB 343, saying he  is opposed                                                               
to its  intent and believes  [DEC] should  promulgate regulations                                                               
that comply with the supreme court's decision.                                                                                  
                                                                                                                                
GARY CARLSON, Senior Vice President                                                                                             
Forest Oil Corporation                                                                                                          
310 K Street, Suite 700                                                                                                         
Anchorage, Alaska  99515                                                                                                        
POSITION STATEMENT:   Testified in  support of SB 343,  saying it                                                               
is necessary  to clarify the  legislative intent,  DEC practices,                                                               
and regulations currently in place.                                                                                             
                                                                                                                                
TOM LAKOSH                                                                                                                      
P.O. Box 100648                                                                                                                 
Anchorage, Alaska  99510                                                                                                        
POSITION   STATEMENT:     Testified  on   SB  343;   requested  a                                                               
requirement for  DEC to  examine improvements  in the  ability to                                                               
address problematic spill-response situations.                                                                                  
                                                                                                                                
SUSAN SCHRADER                                                                                                                  
Alaska Conservation Voters                                                                                                      
P.O. Box 22151                                                                                                                  
Juneau, Alaska  99802                                                                                                           
POSITION STATEMENT:   Testified in opposition to  [SB 343], which                                                               
rolls back oil spill protection  laws that the legislature passed                                                               
a number of years ago.                                                                                                          
                                                                                                                                
LAURA ACHEE, Staff                                                                                                              
to Representative Joe Green                                                                                                     
Alaska State Legislature                                                                                                        
Capitol Building, Room 403                                                                                                      
Juneau, Alaska  99801-1182                                                                                                      
POSITION STATEMENT:  Presented HB 474 on behalf of                                                                              
Representative Green, sponsor.                                                                                                  
                                                                                                                                
JESSE VANDERZANDEN, Executive Director                                                                                          
Alaska Outdoor Council (AOC)                                                                                                    
P.O. Box 73902                                                                                                                  
Fairbanks, Alaska  99708                                                                                                        
POSITION STATEMENT:  Testified in support of HB 474.                                                                            
                                                                                                                                
JEFF LOWENFELS                                                                                                                  
(No address provided)                                                                                                           
Anchorage, Alaska  99501                                                                                                        
POSITION STATEMENT:  Testified in support of HB 474.                                                                            
                                                                                                                                
MIKE MITCHELL, President                                                                                                        
Anchorage Trails and Greenways Coalition                                                                                        
1331 Hillcrest Drive                                                                                                            
Anchorage, Alaska  99503                                                                                                        
POSITION STATEMENT:  Testified in opposition to HB 474.                                                                         
                                                                                                                                
CHIP DENNERLEIN, Director                                                                                                       
Division of Habitat and Restoration                                                                                             
Alaska Department of Fish and Game (ADF&G)                                                                                      
333 Raspberry Road                                                                                                              
Anchorage, Alaska  99518-1579                                                                                                   
POSITION STATEMENT:  Testified in opposition to HB 474.                                                                         
                                                                                                                                
MIKE JENS                                                                                                                       
9300 Grover Drive                                                                                                               
Anchorage, Alaska  99507                                                                                                        
POSITION STATEMENT:  Testified in opposition to HB 474.                                                                         
                                                                                                                                
LORVEL SHIELDS                                                                                                                  
2140 Shore Drive                                                                                                                
Anchorage, Alaska  99515                                                                                                        
POSITION STATEMENT:  Testified in opposition to HB 474.                                                                         
                                                                                                                                
JIM REEVES                                                                                                                      
4001 Westwood Drive                                                                                                             
Anchorage, Alaska  99517                                                                                                        
POSITION STATEMENT:  Testified on HB 474, saying he supports a                                                                  
resolution that will result in a trail.                                                                                         
                                                                                                                                
MICHAEL DOWNING, Chief Engineer                                                                                                 
Design and Engineering Services Division                                                                                        
Department of Transportation and Public Facilities                                                                              
3132 Channel Drive                                                                                                              
Juneau, Alaska  99801-7898                                                                                                      
POSITION STATEMENT:  Testified that the department opposes HB
474.                                                                                                                            
                                                                                                                                
BOB BELL                                                                                                                        
801 West Fireweed Lane                                                                                                          
Anchorage, AK 99503                                                                                                             
POSITION STATEMENT:  Testified on HB 474.                                                                                       
                                                                                                                                
CHERYL SHROYER                                                                                                                  
P.O. Box 113264                                                                                                                 
Anchorage, Alaska  99511                                                                                                        
POSITION STATEMENT:  Testified in support of HB 474.                                                                            
                                                                                                                                
JANEL FEIERABEND, Director                                                                                                      
Friends of Potter Marsh and                                                                                                     
the Anchorage Coastal Wildlife Refuge                                                                                           
3170 Marathon Circle                                                                                                            
Anchorage, Alaska  99515                                                                                                        
POSITION STATEMENT:  Testified in support of HB 474.                                                                            
                                                                                                                                
JEAN ELLIS, Staff                                                                                                               
to Representative Peggy Wilson                                                                                                  
Alaska State Legislature                                                                                                        
Capitol Building, Room 409                                                                                                      
Juneau, Alaska  99801-1182                                                                                                      
POSITION STATEMENT:  Presented CSHJR 46(FSH) on behalf of the                                                                   
House   Special   Committee    on   Fisheries,   sponsor,   which                                                               
Representative Wilson co-chairs.                                                                                                
                                                                                                                                
GERON BRUCE, Deputy Director                                                                                                    
Division of Commercial Fisheries                                                                                                
Alaska Department of Fish & Game (ADF&G)                                                                                        
P.O. Box 25526                                                                                                                  
Juneau, Alaska  99802-5526                                                                                                      
POSITION STATEMENT:  Answered questions pertaining to HJR 46.                                                                   
                                                                                                                                
JULIE DECKER, Executive Director                                                                                                
Southeast Alaska Regional Dive Fisheries Association                                                                            
P.O. Box 2138                                                                                                                   
Wrangell, Alaska  99929                                                                                                         
POSITION STATEMENT:  Spoke in support of HJR 46 and HB 508.                                                                     
                                                                                                                                
CHERYL SUTTON                                                                                                                   
Southeast Alaska Regional Dive Fisheries Association                                                                            
P.O. Box 39214                                                                                                                  
Ninilchik, Alaska  99639                                                                                                        
POSITION STATEMENT:  Spoke in support of HB 508.                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-19, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CO-CHAIR  BEVERLY  MASEK  called  the  House  Resources  Standing                                                               
Committee meeting to  order at 1:10 p.m.   Representatives Masek,                                                               
Scalzi, Fate,  Green, Stevens,  and Kapsner  were present  at the                                                               
call to  order.  Representatives Chenault,  McGuire, and Kerttula                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
SB 343-BEST AVAILABLE TECHNOLOGY:DISCHARGE PLAN                                                                               
                                                                                                                                
CO-CHAIR  MASEK announced  the first  order of  business, CS  FOR                                                               
SENATE  BILL NO.  343(RES),  "An Act  clarifying  the term  'best                                                               
technology'  required for  use in  oil  discharge prevention  and                                                               
contingency    plans;    affirming   existing    Department    of                                                               
Environmental    Conservation    regulations    defining    'best                                                               
technology' and  oil discharge  prevention and  contingency plans                                                               
approved using those regulations;  and providing for an effective                                                               
date."                                                                                                                          
                                                                                                                                
Number 0154                                                                                                                     
                                                                                                                                
SENATOR JOHN TORGERSON, Alaska  State Legislature, presented CSSB
343(RES) on  behalf of the  Senate Resources  Standing Committee,                                                               
sponsor, which  he chairs.   He explained that the  bill responds                                                               
to the Alaska Supreme Court's  February 1, 2002, ruling in Lakosh                                                             
v. Alaska  Dept. of Environmental Conservation  by clarifying the                                                             
meaning of  "best available technology requirement  for oil spill                                                               
contingency  rulemaking plans."    First, it  clarifies that  the                                                               
1997  negotiated  regulations,  which  establish  a  three-tiered                                                               
approach   for    making   best   available    technology   (BAT)                                                               
determinations,  is  a  correct interpretation  of  the  statute;                                                               
second,  it confirms  the continued  validity and  effect of  the                                                               
1997 regulations, which have been  utilized in approving over 100                                                               
contingency plans  since April  1997; and  third, it  affirms the                                                               
continued effect  of contingency-plan approvals issued  under the                                                               
1997 regulations, and  ensures that plan holders  can continue to                                                               
operate under those approvals.                                                                                                  
                                                                                                                                
SENATOR TORGERSON said this bill  doesn't eliminate or weaken the                                                               
BAT requirement;  however, some have incorrectly  argued that the                                                               
bill  rolls back  protections  enacted in  1990  after the  Exxon                                                               
Valdez  oil spill.   The  BAT requirement  has been  part of  the                                                               
contingency statute since 1980, long  before the Exxon Valdez oil                                                               
spill.  In 1990, the legislature  amended the existing law to add                                                               
rigorous  oil spill  response  planning  standards; however,  the                                                               
legislature  did   not  address  the  relationship   between  the                                                               
planning standards and the best  available technology.  This bill                                                               
would   restore  the   1997  consensus   criteria  developed   in                                                               
negotiated  rulemaking,  which  have  been used  for  making  BAT                                                               
determinations for the last five years.                                                                                         
                                                                                                                                
Number 0362                                                                                                                     
                                                                                                                                
LARRY  DIETRICK,  Director,  Division  of  Spill  Prevention  and                                                               
Response,  Department of  Environmental Conservation  (DEC), came                                                               
forward to testify, noting that  DEC is responsible for reviewing                                                               
and approving all discharge prevention  and contingency plans for                                                               
over 120  facilities in Alaska.   Those facilities include:   oil                                                               
terminals,  pipelines,  exploration  and  production  facilities,                                                               
tank vessels, oil barges, nontank  vessels, and the railroad.  In                                                               
addition, DEC has  been working with the Department  of Law since                                                               
the  supreme court  ruling  to  devise a  remedy  that meets  the                                                               
supreme  court  ruling  on  best  available  technology  that  is                                                               
described in the contingency plans.                                                                                             
                                                                                                                                
MR.  DIETRICK  said  the  issue is  the  legislative  intent  for                                                               
meeting  the "best  available technology"  statutory requirement.                                                               
The  court noted  that  when an  agency  has adopted  regulations                                                               
under a delegation of authority  from the legislature - using the                                                               
process prescribed  by the Administrative  Procedure Act -  it is                                                               
presumed the  regulations are valid;  thus the review  is limited                                                               
to  whether the  regulations are  consistent with  and reasonably                                                               
necessary to carry out the  purposes of statutory provisions, and                                                               
whether  the  regulations  are   reasonable  and  not  arbitrary.                                                               
Following   the  Exxon   Valdez   oil   spill,  the   legislature                                                               
established  what are  arguably  the  toughest response  planning                                                               
standards in the world, he noted.                                                                                               
                                                                                                                                
MR.   DIETRICK  further   explained  that   when  reviewing   the                                                               
contingency plan,  DEC had interpreted  the statute to  mean that                                                               
meeting   Alaska's  tough   response   planning  standards   also                                                               
satisfies  the  BAT  requirement,  if the  equipment  is  proven,                                                               
reliable, and appropriate for its  intended use and the magnitude                                                               
of  the  spill  it  is   addressing.    This  interpretation  was                                                               
developed  through  an  extensive   workgroup  process  when  the                                                               
regulations were  developed in 1997.   The court  recognized that                                                               
this  approach  has  considerable   merit  and  that  the  agency                                                               
judgment  in this  regard  deserves  considerable deference,  but                                                               
only  to the  extent that  the legislature  actually granted  DEC                                                               
authority  to  define "best  available  technology"  in terms  of                                                               
reliance on the response-planning standards.                                                                                    
                                                                                                                                
Number 0500                                                                                                                     
                                                                                                                                
MR. DIETRICK  told members the  court has raised a  rather narrow                                                               
question  regarding  whether  [DEC's]  regulatory  interpretation                                                               
meets  the  intent  and  lies  within  the  limits  of  authority                                                               
delegated by  the legislature.  Best  available technology wasn't                                                               
defined  by the  legislature, so  the court  has interpreted  the                                                               
statutory  language  to mean  that  the  legislature intended  to                                                               
impose  two  separate  requirements.   This  precludes  DEC  from                                                               
relying  on   the  response-planning  standards   or  performance                                                               
standards put in regulation to establish the BAT requirement.                                                                   
                                                                                                                                
Number 0555                                                                                                                     
                                                                                                                                
MR.  DIETRICK  noted that  the  court's  ruling has  invited  the                                                               
legislature to clarify  the intent.  The  department believes any                                                               
legislation should meet  the following goals.   First, because of                                                               
the timing  of the  release of  the court  decision and  the time                                                               
remaining  during this  [legislative]  session,  it is  important                                                               
that any legislation  be limited to what is  necessary to address                                                               
the court ruling;  there isn't time to  entertain other statutory                                                               
changes  and to  do credible  research in  coordination with  the                                                               
regulated community and other  stakeholders.  Second, legislation                                                               
should be  passed this session  to ensure continued  operation of                                                               
Alaska's  facilities and  eliminate  the  "cloud of  uncertainty"                                                               
from the  court ruling  regarding the  validity of  existing plan                                                               
approvals made since 1997.   Third, the legislation must validate                                                               
the  existing regulations  and preserve  the approach  for making                                                               
BAT  determinations  as  envisioned   by  the  1997  task  force.                                                               
Fourth, the legislation must sustain  the same level of rigor for                                                               
plan  reviews as  now practiced,  and not  diminish the  existing                                                               
response  capability.   Fifth, the  legislation must  continue to                                                               
support   the  ability   of  the   department  to   evaluate  new                                                               
technologies and make BAT findings.                                                                                             
                                                                                                                                
Number 0707                                                                                                                     
                                                                                                                                
MR. DIETRICK  said SB 343 meets  these five goals and  provides a                                                               
straightforward language  clarifying the legislative intent.   In                                                               
addition, it validates  the BAT approach taken  by the department                                                               
in  a   1997  negotiated-rulemaking   process  and   affirms  the                                                               
continued effect of contingency  plans approved by the department                                                               
since  1997.   He suggested  the  language is  responsive to  the                                                               
supreme court  ruling, and doesn't  reduce the rigor  of existing                                                               
contingency-plan reviews  or diminish the response  readiness and                                                               
capability  of  industry.    The   bill  also  provides  for  the                                                               
department's  periodic examination  of new  technologies to  keep                                                               
Alaska on  the forefront  of environmental  protection worldwide.                                                               
He stated that the department supports SB 343.                                                                                  
                                                                                                                                
Number 0762                                                                                                                     
                                                                                                                                
REPRESENTATIVE  STEVENS asked  Mr.  Dietrick when  and where  the                                                               
last [oil] spill DEC was involved  in occurred, and what the best                                                               
available technology was that the DEC used in the cleanup.                                                                      
                                                                                                                                
MR.  DIETRICK  indicated  [oil]  spills  occur  almost  daily  in                                                               
different  amounts across  the state.   He  talked about  a large                                                               
spill in  Prince William  Sound where  a new  boom was  used, and                                                               
said [DEC]  believes it would  be a good candidate  for reviewing                                                               
and making a determination of  its best available technology.  He                                                               
offered an  example of a  recent event:   a fish processor  hit a                                                               
rock  [in  Prince  William  Sound],   resulting  in  the  largest                                                               
refined-products  spill there.   The  recovery rate  was over  50                                                               
percent, using  aforementioned technology  and the  Alyeska SERVS                                                               
[Ship Escort Response Vessels System] response capability.                                                                      
                                                                                                                                
Number 0879                                                                                                                     
                                                                                                                                
DOUGLAS MERTZ,  Prince William Sound Regional  Citizens' Advisory                                                               
Council  (RCAC),  came  forward   to  testify,  noting  that  his                                                               
organization involves  18 communities  and other  entities within                                                               
the area  affected by the  Exxon Valdez oil  spill.  He  said the                                                               
RCAC  recognizes the  need  for [SB  343]  and for  clarification                                                               
after the  supreme court decision.   He mentioned  concerns about                                                               
the  enormous amount  of discretion  that  [CSSB 343(RES)]  would                                                               
give DEC  on how  and whether to  implement the  BAT requirement.                                                               
He  referred to  the  statute and  said it  uses  the word  "may"                                                               
rather  than  "shall"  [several  times], and  where  it  can  say                                                               
"shall", it says "may".  He said  as a result, DEC is vested with                                                               
an  enormous   breadth  of  discretion,   from  making   the  BAT                                                               
requirement highly burdensome, to  making it a "meaningless walk-                                                               
through," or anything in between.                                                                                               
                                                                                                                                
MR. MERTZ expressed concern that  the department should implement                                                               
the regulations put  together by a bipartisan group in  1997.  He                                                               
said there is  general agreement that these  are good regulations                                                               
and really  do the job.   He suggested that if  implemented, they                                                               
would be  to the  entire state's  advantage.   One part  of those                                                               
regulations -  considered important by everyone  who put together                                                               
that package of regulations, including  the agency, the industry,                                                               
environmentalists, and the RCAC -  was the requirement that every                                                               
five  years a  conference on  BAT [would  be held];  experts from                                                               
industry,  government, and  all sources  could come  together and                                                               
attempt to reach  a true consensus on what is  the best available                                                               
technology.   He  pointed out  that although  the conference  was                                                               
supposed  to happen  every five  years, the  deadline was  missed                                                               
last year;  now, there  is a  request in to  fund, from  the "470                                                               
fund," [a conference] in the upcoming fiscal year.                                                                              
                                                                                                                                
MR. MERTZ  told members  it is important  that discretion  in the                                                               
department be narrowed  by the legislature's telling  the DEC [to                                                               
comply] because  regulations require it.   He said  "we've" given                                                               
[the  legislature] language  that would  accomplish that,  fairly                                                               
mild language  in the  declarations section  at the  beginning of                                                               
the  bill  that  would  simply say  these  regulations  were  put                                                               
together and that they are the law, just as the statute is.                                                                     
                                                                                                                                
MR. MERTZ referred to a handout  that would later be addressed by                                                               
proposed conceptual  Amendment 1.   Titled "Suggested  Changes to                                                               
Senate Bill 343," it read:                                                                                                      
                                                                                                                                
     The  Prince William  Sound Regional  Citizens' Advisory                                                                    
     Council suggests  that such language could  be inserted                                                                    
     into Senate Bill 343 at  1(a)(5) by changing it to read                                                                    
     as follows (new language in boldface):                                                                                   
                                                                                                                                
     (5)   under   AS   46.04.030(j)  and   46.04.070,   the                                                                    
     Department   of   Environmental  Conservation   adopted                                                                    
     regulations  at 18  AAC 75.445(k),  effective April  4,                                                                    
     1997,  that   established  a   reasonable  three-tiered                                                                    
     process, including  periodic Best  Available Technology                                                                  
     Conferences,  for  defining  what  was  meant  by  best                                                                  
     available technology;                                                                                                      
                                                                                                                                
MR.  MERTZ explained  that adding  the  foregoing language  would                                                               
make it enormously  difficult for the agency to  "write off" that                                                               
part of the existing regulations  and essentially decline to take                                                               
the best opportunity  for discovering and defining  what the best                                                               
available technology is.                                                                                                        
                                                                                                                                
Number 1137                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN referred  to page 3 [line 30]  and asked Mr.                                                               
Mertz  whether he  felt that  [provision]  was stringent  enough.                                                               
For  example, a  company might  find  that the  technology it  is                                                               
already  using is  the best  available technology.   He  surmised                                                               
that [a company] would find the best available technology.                                                                      
                                                                                                                                
MR. MERTZ  suggested [the provision]  meant "they" shall  come up                                                               
with a declaration  as to what is the  best available technology.                                                               
It may be standards-based or  something else, but doesn't require                                                               
going through the  processes they committed themselves  to in the                                                               
1997 regulations.   The [regulations], by  contrast, require that                                                               
a process  is gone through  in order to examine  what [technology                                                               
is available] and to make a  fact-specific finding.  He said that                                                               
is what [his  organization] would like to see  tightened up here,                                                               
either  through  making those  "mays"  mandatory  or through  the                                                               
milder suggested  method - referring  to the regulations  and the                                                               
declarations so those regulations clearly are required.                                                                         
                                                                                                                                
Number 1268                                                                                                                     
                                                                                                                                
MR. MERTZ, in  response to Representative Green's  request for an                                                               
example, suggested that  the worst-case scenario would  be if the                                                               
agency decided  it didn't have the  manpower or funding to  do an                                                               
actual examination regarding what  technology exists.  New things                                                               
are  happening all  the  time.   For  example,  if the  five-year                                                               
examination  through  a conference  weren't  held,  and the  only                                                               
requirement  would   be  for  the   entities  to   present  their                                                               
contingency plans  to be  examined - to  find whether  they could                                                               
clean up  a specific  number of  gallons in  a certain  number of                                                               
hours -  then the  specific technology  wouldn't be  examined and                                                               
compared  to  evolving  technology  in the  rest  of  the  world.                                                               
Instead  of   being  a  standard  that   improves  as  technology                                                               
improves,  it  would be  fixed  forever  until "they"  decide  to                                                               
reexamine what exists in the world.                                                                                             
                                                                                                                                
Number 1368                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN posed a scenario  in which "they" had looked                                                               
at a  "C Plan" [contingency  plan] and agreed that  the equipment                                                               
available  is the  best available  technology; however,  some new                                                               
technology  had  been  developed  in  the  meantime  that  wasn't                                                               
covered but [that the provision] said  will be covered.  He asked                                                               
if that meant DEC would be derelict in its duties.                                                                              
                                                                                                                                
MR. MERTZ said he didn't think so.                                                                                              
                                                                                                                                
REPRESENTATIVE GREEN  asked Mr.  Mertz if  he was  concerned that                                                               
"they" won't  stay abreast of  current technology.   He mentioned                                                               
that there might be extenuating  circumstances.  He said the bill                                                               
says they are going to stay  abreast of technology to the best of                                                               
their  ability and  may not  [have the  technology most  recently                                                               
available].  He  expressed concern that if the  bill says "will",                                                               
then  they won't  ever be  able to  stay [current]  on [the  most                                                               
recent technology available].                                                                                                   
                                                                                                                                
MR.  MERTZ responded  that the  beauty of  referring to  the 1997                                                               
regulations is  that they provide  a methodology  for reassessing                                                               
periodically -  every five  years.  This  would prohibit  a judge                                                               
from  saying  that  recently developed  new  technology  must  be                                                               
incorporated into the C Plan approvals.                                                                                         
                                                                                                                                
REPRESENTATIVE  GREEN indicated  he'd interpreted  the ruling  of                                                               
the supreme  court to mean that  some definition was needed.   He                                                               
mentioned that  he thought the  supreme court would  be satisfied                                                               
as long  as [BAT] was  addressed.  He  remarked, "I think  if you                                                               
nail that too tight, you're almost determined to fail."                                                                         
                                                                                                                                
MR. MERTZ replied,  "That's why we are not  advocating nailing it                                                               
too tight."   He mentioned  that the  requirement is not  tied to                                                               
specific  technology.    He  indicated  that  requiring  so  many                                                               
"shalls"  would  make it  possible  for  somebody to  claim  that                                                               
because  there is  certain  new  technology currently  available,                                                               
regardless of when  it was developed, the new  technology must be                                                               
incorporated.   He offered  his belief that  by [having  the bill                                                               
refer  to]  the  regulations  and  the  five-year  conference,  a                                                               
reasonable  judge would  [maintain  that] the  requirement for  a                                                               
grand reexamination is every five years, not every month.                                                                       
                                                                                                                                
Number 1565                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN  asked Mr.  Mertz if  he was  concerned that                                                               
the "may" would allow it not to be done.                                                                                        
                                                                                                                                
MR. MERTZ  said [that would be  so] if it weren't  coupled with a                                                               
reference to  the regulations -  an affirmation that  the process                                                               
in those regulations is what is intended.                                                                                       
                                                                                                                                
REPRESENTATIVE GREEN  offered his understanding  that regulations                                                               
are an advent after a statute has been determined.                                                                              
                                                                                                                                
CO-CHAIR  MASEK remarked  that she  thought Representative  Green                                                               
had  a point,  and  that it  was  better to  fix  the problem  by                                                               
statute rather than regulation.                                                                                                 
                                                                                                                                
Number 1612                                                                                                                     
                                                                                                                                
MR.  MERTZ, in  response  to  Representative Kerttula,  explained                                                               
that the [regulations] were created  in 1997; the first five-year                                                               
conference should have occurred during the last fiscal year.                                                                    
                                                                                                                                
REPRESENTATIVE KERTTULA asked  where the process was  in terms of                                                               
holding such a conference.                                                                                                      
                                                                                                                                
MR.  MERTZ  answered  that  DEC and  the  industry  support  [the                                                               
conference],  and there  is  a component  in  the governor's  CIP                                                               
[capital improvement project]  budget for seed money  for it, for                                                               
the  coming fiscal  year.   It is  anticipated that  the industry                                                               
would  also provide  the experts  some  money, and  there may  be                                                               
funding from other sources.  He said the plan is underway.                                                                      
                                                                                                                                
Number 1664                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA asked  when  the  response standard  was                                                               
last looked  at in statute; if  the Exxon Valdez [oil  spill] was                                                               
the last  time there  was a  response standard;  and if  the RCAC                                                               
felt comfortable  that by  overturning the  case and  saying, "If                                                               
you  meet   the  response  standard,   you  are   best  available                                                               
technology," that meets what needs to be done in Alaska.                                                                        
                                                                                                                                
MR. MERTZ  said no.   He  explained that the  RCAC has  been very                                                               
much  involved in  examining C  Plans and  - at  least in  Prince                                                               
William Sound - actual capabilities  for cleanup.  There has been                                                               
a  good  deal of  controversy  and  concern about  meeting  those                                                               
performance  standards,  whether  those  [standards]  had  become                                                               
outdated since the Exxon Valdez  [oil] spill, and the legislation                                                               
immediately following.  He said  with those performance standards                                                               
in place,  "we" are  at a  juncture:   the technology  is rapidly                                                               
outstripping what was put in place back then.                                                                                   
                                                                                                                                
REPRESENTATIVE KERTTULA  asked Mr. Mertz if  there was technology                                                               
that the state wasn't using that he thought would be better.                                                                    
                                                                                                                                
MR. MERTZ said,  "No."                                                                                                          
                                                                                                                                
Number 1749                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA  asked Mr. Mertz  if he was  satisfied to                                                               
accept mentioning of the conference in the bill.                                                                                
                                                                                                                                
MR. MERTZ  replied that it  would be "folly" for  the legislature                                                               
itself to set new performance  standards every year or to declare                                                               
what the best  available technology is; it should be  left to the                                                               
agency that has  expertise to decide some of these  [issues].  If                                                               
[the agency]  is given  complete discretion  and not  required to                                                               
update periodically, however, then there  is a risk that updating                                                               
and reexamining won't  happen as time goes on.   He remarked that                                                               
[requiring this conference] is a sensible middle ground.                                                                        
                                                                                                                                
CO-CHAIR  SCALZI called  the RCAC  the "watchdog  group" for  the                                                               
industry.   He  asked Mr.  Mertz if  [the RCAC]  has watched  and                                                               
participated in compliance standards  that the industry is under,                                                               
and the overview that DEC has.                                                                                                  
                                                                                                                                
MR. MERTZ answered in the affirmative.                                                                                          
                                                                                                                                
CO-CHAIR  SCALZI asked  Mr. Mertz  whether he  thought there  was                                                               
enough   [in   place]   without   [placing]   further   mandatory                                                               
requirements on legislative intent.                                                                                             
                                                                                                                                
MR. MERTZ  said the  watchdog function  the Prince  William Sound                                                               
RCAC and  its sister organization  in Cook Inlet perform  is very                                                               
valuable.     However,  the  [organizations]   aren't  regulatory                                                               
agencies  and have  no  authority.   He  said  only  DEC and  the                                                               
federal authorities can do that.                                                                                                
                                                                                                                                
Number 1865                                                                                                                     
                                                                                                                                
CO-CHAIR SCALZI said Mr. Mertz was  correct, but that the RCAC is                                                               
better  than the  legislature at  knowing  where a  problem in  a                                                               
situation may occur.   He said [legislators]  value agencies like                                                               
[the RCAC]  to help  them know  that the  industry is  keeping up                                                               
with certain standards,  and hope to rely on the  input that [the                                                               
RCAC] gives them  every year.  He  said he didn't know  if it was                                                               
needed  to  have  regulations  [put   in  place]  that  might  be                                                               
unnecessary.  He  remarked that he thought relying  on [the RCAC]                                                               
was perhaps better than relying on some of the agencies.                                                                        
                                                                                                                                
Number 1937                                                                                                                     
                                                                                                                                
MARILYN   CROCKETT,  Deputy   Director,   Alaska   Oil  and   Gas                                                               
Association  (AOGA), came  forward to  testify, noting  that AOGA                                                               
has 19 member  companies and represents all of the  [oil and gas]                                                               
producers in  the state, including  the three  in-state refiners.                                                               
She  said because  of  the  nature of  their  operations, all  of                                                               
AOGA's members  are required  to have  "oil spill  discharge" and                                                               
contingency plans in place.  She  said AOGA has a vested interest                                                               
in resolution of this issue.                                                                                                    
                                                                                                                                
MS. CROCKETT noted  that on February 1, 2002,  the Alaska Supreme                                                               
Court determined it was unable  to find the legislative intent it                                                               
was looking for, in deciding  whether the regulations promulgated                                                               
by DEC,  following a  stakeholder process, in  fact met  with the                                                               
legislature's intent  when the  bill was passed.   She  said AOGA                                                               
participated  in  that  stakeholder  process,  along  with  other                                                               
public-interest  groups,  the  RCACs, local  municipalities,  and                                                               
utilities.  That process began  in 1996, and the regulations were                                                               
adopted  by  the  department  in 1997  after  the  group  reached                                                               
agreement  on  what  those  regulations   should  contain.    Two                                                               
sections of  the regulations  that the  supreme court  has thrown                                                               
out  are [18AAC  75.445](k)(1) and  (2), dealing  with the  BAT's                                                               
meeting  the   response-planning  standard  and   the  prevention                                                               
standards.  With regard to the  conference, she said Mr. Mertz is                                                               
correct:   industry supports the  conference and  the regulations                                                               
it  worked  on  with  the  stakeholder group.    She  agreed  the                                                               
conference  should  be  held  this  year;  the  regulations  were                                                               
adopted in 1997, and 2002 is the five-year timeframe for that.                                                                  
                                                                                                                                
Number 2038                                                                                                                     
                                                                                                                                
MS.  CROCKETT said  this decision  has placed  everyone -  AOGA's                                                               
members,  the public,  and  DEC -  in a  tenuous  position.   She                                                               
explained that those two provisions are  not on the books at this                                                               
time,  so  the  department  is   not  able  to  approve  any  new                                                               
contingency plans, nor  able to process the renewals  in a timely                                                               
fashion.  She said C Plans  have to be renewed every three years.                                                               
At  the time  of renewal,  they must  include the  best available                                                               
technology  that has  been proven  reliable  and appropriate  for                                                               
whatever that activity is.                                                                                                      
                                                                                                                                
MS. CROCKETT  said the  court decision was  also very  limited in                                                               
its scope, and  it acknowledged that the  legislature had [given]                                                               
considerable  authority   to  the  department  in   making  these                                                               
determinations -  they simply  could not make  the link  that the                                                               
two sections of the regulations  provided.  She emphasized AOGA's                                                               
strong support  for the bill  as it reads,  and said AOGA  is not                                                               
pursuing  any diminishment  of  the  department's authority,  nor                                                               
would  AOGA   support  any   diminishment  of   the  department's                                                               
authority at this time.                                                                                                         
                                                                                                                                
MS. CROCKETT said the objective [in  the passage of SB 343] is to                                                               
remove the obstacle that [the  industry] is faced with because of                                                               
the  supreme  court decision,  and  [AOGA]  is  hoping to  get  a                                                               
validation  of the  regulations that  were developed  through the                                                               
stakeholder process.  It is  a time-critical factor for industry:                                                               
some projects are  very close to getting final  approvals for all                                                               
of  their permits  but are  unable to  reach that  final-approval                                                               
stage because  of the  two provisions being  removed.   She again                                                               
encouraged passage of the bill.                                                                                                 
                                                                                                                                
Number 2136                                                                                                                     
                                                                                                                                
REPRESENTATIVE  McGUIRE asked  Ms. Crockett  how she  responds to                                                               
the concern  that there needs to  be more reference to  the [BAT]                                                               
conference in the statutes, as opposed to in the regulations.                                                                   
                                                                                                                                
MS. CROCKETT answered that [AOGA]  doesn't believe the bill needs                                                               
to be  amended to include  that specific provision because  it is                                                               
in  the  regulations.    She  remarked that  the  entire  set  of                                                               
regulations could be included in  the bill, if necessary, to make                                                               
everyone more  comfortable.  The  department has  the regulations                                                               
in place governing  how it makes these determinations.   She said                                                               
the  [amendment]  that had  been  suggested  is to  the  findings                                                               
section of the bill, and  reiterated her concern about the timing                                                               
and that the bill pass as soon as possible.                                                                                     
                                                                                                                                
Number 2222                                                                                                                     
                                                                                                                                
BRECK   TOSTEVIN,  Assistant   Attorney  General,   Environmental                                                               
Section,   Civil  Division   (Anchorage),   Department  of   Law,                                                               
testified via teleconference.   He noted that he  would cover two                                                               
topics:  the  reasoning and effect of the  Alaska Supreme Court's                                                               
recent   decision  concerning   the  BAT   requirement  for   oil                                                               
contingency  plans,  and  how the  legislation  responds  to  the                                                               
supreme court's decision in a focused and measured way.                                                                         
                                                                                                                                
MR.  TOSTEVIN  explained  that  SB   343  seeks  to  clarify  the                                                               
statutory requirement  that oil spill contingency  plans use best                                                               
available  technology  in light  of  the  Alaska Supreme  Court's                                                               
ruling in the Lakosh v. DEC  case.  The best available technology                                                             
has been  in place since  1980 for  response equipment used  in C                                                               
Plans.   Due to  the addition  of oil spill  prevention to  the C                                                               
Plan statute  in 1990, the  BAT requirement became  applicable to                                                               
prevention  equipment  at  that  time.   In  addition,  the  1990                                                               
amendments   added  the   rigorous  oil-spill-response   planning                                                               
standards  to the  C  Plan statute,  but  the legislature  didn't                                                               
address the  relationship between the planning  standards and the                                                               
BAT requirement.                                                                                                                
                                                                                                                                
MR. TOSTEVIN said  the court found two parts  of DEC's regulatory                                                               
criteria  for determining  whether an  oil discharge  contingency                                                               
plan uses BAT to be  inconsistent with statute.  These regulatory                                                               
criteria were  developed as  part of  a negotiated  rulemaking in                                                               
1997, which  included numerous  stakeholders from  throughout the                                                               
state with a  broad range of interests.  In  the Lakosh case, the                                                             
Alaska Supreme Court  was confronted with a  general challenge to                                                               
these  regulations.   He said  the  court's ruling  was a  narrow                                                               
legal decision  focusing on the  language of the  regulations, as                                                               
opposed  to   a  technological   determination  of   whether  any                                                               
particular piece  of equipment or  technology used in the  C Plan                                                               
was indeed the best available.                                                                                                  
                                                                                                                                
MR. TOSTEVIN  reported that in  finding parts of  the regulations                                                               
inconsistent  with  the  statute,   the  court  relied  upon  the                                                               
dictionary definition  of the  term "best"  - concluding  that in                                                               
the  absence of  legislative  history to  the  contrary, the  BAT                                                               
regulations  could not  rely on  the stringent  response planning                                                               
standards  for  oil  spill response  technologies,  nor  rely  on                                                               
performance  standards set  forth in  regulation for  determining                                                               
BAT  for  prevention  technologies.   The  Alaska  Supreme  Court                                                               
concluded  that  while  reliance  on  performance  standards  for                                                               
determining BAT had considerable rhetorical  merit - and had been                                                               
used in  other federal  and environmental statutes  in lieu  of a                                                               
one-size-fits-all technological  rule -  the absence  of specific                                                               
legislative history on the interplay  between these standards and                                                               
the  BAT requirement  led the  court to  the conclusion  that the                                                               
criteria were invalid with regard to the statute.                                                                               
                                                                                                                                
Number 2409                                                                                                                     
                                                                                                                                
MR.  TOSTEVIN  said  given  the  Alaska  Supreme  Court's  ruling                                                               
overturning  the 1997  workgroup's use  of the  response-planning                                                               
standards  and  the  prevention-performance  standards,  the  BAT                                                               
statutory requirement is ripe for  legislative clarification.  He                                                               
said [SB  343] would restore  the regulatory criteria  adopted in                                                               
the 1997 negotiated rulemaking, which  had been used in approving                                                               
more  than 100  C  Plans since  April 1997.    He suggested  this                                                               
legislation doesn't weaken the BAT  requirement, but is an effort                                                               
to   restore  the   consensus  criteria   used  for   making  BAT                                                               
determinations  for the  last  five years  -  criteria that  have                                                               
resulted  in  major  improvements  in oil  spill  prevention  and                                                               
response.                                                                                                                       
                                                                                                                                
MR.  TOSTEVIN  explained that  SB  343  clarifies that  the  1997                                                               
negotiated  rulemaking  regulations  that  established  a  three-                                                               
tiered approach  for making BAT determinations  are a permissible                                                               
interpretation  of  the statute.    Also,  [SB 343]  affirms  the                                                               
continued validity and effect of  the 1997 regulations; if SB 343                                                               
is  enacted,  DEC  would  not  be  required  to  revise  its  BAT                                                               
regulations.  Furthermore, [SB 343]  affirms the continued effect                                                               
of  the   contingency  plan  approval   issued  under   the  1997                                                               
regulation  and  ensures  that plan  holders  could  continue  to                                                               
operate under those approvals.                                                                                                  
                                                                                                                                
Number 2461                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA asked  Mr.  Tostevin  if the  department                                                               
only  looks  at   the  performance  standard  when   it  makes  a                                                               
determination on best available technology,  and if work had been                                                               
done to try to make a  determination of what's available and what                                                               
could  be   reasonably  expected  from  the   companies  to  have                                                               
available.                                                                                                                      
                                                                                                                                
MR.   TOSTEVIN  answered   that  for   response  equipment,   the                                                               
regulation  requires that  if  it is  technology  that meets  the                                                               
response-planning  standard, it  also must  be proven,  reliable,                                                               
and appropriate for  its intended use.  For example,  if used for                                                               
nearshore skimming, the  equipment would have to  be reliable and                                                               
appropriate for that purpose, and  would also have to be reliable                                                               
and appropriate  for the magnitude  and type  of the spill  it is                                                               
addressing.    He said  it  isn't  simply meeting  the  response-                                                               
planning  standards;   rather,  there  are   additional  criteria                                                               
involved in making that determination.                                                                                          
                                                                                                                                
REPRESENTATIVE KERTTULA asked whether that  was in the statute or                                                               
in regulation.                                                                                                                  
                                                                                                                                
MR. TOSTEVIN said it was in the 1997 regulations.                                                                               
                                                                                                                                
REPRESENTATIVE KERTTULA asked if  there are any other regulations                                                               
[with  similar requirements]  - not  just to  meet a  performance                                                               
standard.                                                                                                                       
                                                                                                                                
MR. TOSTEVIN explained  that the regulations call  for the review                                                               
and   the    five-year   conference   to    review   breakthrough                                                               
technologies;   if  DEC   finds   there  is   a  new   technology                                                               
[available], it makes a finding  with respect to that technology.                                                               
He noted that  it would be picked  up in the next  renewal of the                                                               
contingency plan process.                                                                                                       
                                                                                                                                
Number 2585                                                                                                                     
                                                                                                                                
SUE  ASPELUND,  Executive  Director, Cordova  District  Fishermen                                                               
United (CDFU),  testified via teleconference.   Ms. Aspelund told                                                               
the committee that CDFU fought  long and hard following the Exxon                                                               
Valdez spill  to make sure the  oil companies and the  state have                                                               
worked to  ensure that oil  spill contingency plans are  the best                                                               
possible to  prevent a  repeat of 1989.   The BAT  is one  of the                                                               
most crucial elements within  prevention and response contingency                                                               
planning.   Furthermore,  CDFU  supports  the proposed  amendment                                                               
language  submitted  by  the  Prince  William  Sound  RCAC  [text                                                               
provided  previously].   She said  CDFU  strongly encourages  the                                                               
inclusion of  periodic BAT conferences  consistent with  the 1997                                                               
regulations, as  negotiated by  stakeholders that  included CDFU;                                                               
furthermore,  it  is  CDFU's opinion  that  compliance  with  the                                                               
performance standard  and adherence to best  available technology                                                               
are two very significant things.                                                                                                
                                                                                                                                
Number 2637                                                                                                                     
                                                                                                                                
ROSS  COEN,   Alaska  Forum  for   Environmental  Responsibility,                                                               
testified via  teleconference, noting that his  organization is a                                                               
nonprofit  group dedicated  to  holding  industry and  government                                                               
accountable to environmental laws  and regulations.  He mentioned                                                               
that he  had testified  in previous  committees in  opposition to                                                               
[SB  343].   He  said he  is  opposed to  [SB  343's] intent  and                                                               
believes DEC should promulgate regulations  that comply with, not                                                               
circumvent,  the  supreme court's  decision.    He said  he  also                                                               
believes  the  legislature  should withhold  action  while  [DEC]                                                               
holds  a public-comment  period  on such  regulation changes;  he                                                               
offered  his  understanding that  this  bill  is  on the  way  to                                                               
passing.   He stated  that he  fully endorses  an [DEC]-sponsored                                                               
conference on BAT,  which was stipulated in  the 1997 regulations                                                               
but never has been held.   He said the conference is supported by                                                               
the RCAC  and AOGA.   He strongly encouraged that  the conference                                                               
be [included in this] legislation.                                                                                              
                                                                                                                                
REPRESENTATIVE  KERTTULA asked  if the  theory behind  having the                                                               
conference is so  everyone can find out what the  [BAT] is - some                                                               
commitment on  the record, not  just in regulations  that haven't                                                               
been followed.                                                                                                                  
                                                                                                                                
MR.  COEN indicated  he  would like  to see  this  bill go  down.                                                               
However, given the present circumstances,  he would like to see a                                                               
conference [added to the bill].                                                                                                 
                                                                                                                                
Number 2738                                                                                                                     
                                                                                                                                
GARY  CARLSON,  Senior  Vice President,  Forest  Oil  Corporation                                                               
("Forest Oil"), testified via  teleconference, noting that Forest                                                               
Oil  holds leases  on approximately  200,000 acres,  primarily in                                                               
the Cook Inlet, and a license  for an additional 200,000 acres in                                                               
the Copper River  Basin.  He said Forest Oil  is a major investor                                                               
in  resource  development in  Alaska.    He indicated  he'd  like                                                               
timely passage of SB 343.   Mr. Carlson explained that Forest Oil                                                               
is  one of  the companies  caught in  the dilemma  caused by  the                                                               
supreme court ruling.  Forest  Oil supports the position of AOGA,                                                               
[DEC's] prior  testimony, and the [assistant]  attorney general's                                                               
analysis of the  bill.  The State  of Alaska has one  of the most                                                               
comprehensive  oil  spill  prevention  and  requirements  in  the                                                               
world, he told members.  Forest  Oil's position is that SB 343 is                                                               
necessary  to  clarify the  legislative  intent  as well  as  DEC                                                               
practices and regulations currently in place.                                                                                   
                                                                                                                                
MR.  CARLSON  said  in  Forest Oil's  case,  the  Redoubt  Shoals                                                               
development  phase includes  facility and  pipeline installation;                                                               
more  than 300  jobs this  summer are  in jeopardy  without quick                                                               
resolution of this  problem.  Forest Oil has "built"  BAT and all                                                               
aspects  of   Redoubt  development,   including  state-of-the-art                                                               
materials  of  construction,  facilities siting,  and  innovative                                                               
pipeline design.   After more than three years  in the permitting                                                               
process,  Forest Oil  anticipates having  all required  state and                                                               
federal  permits  in place  by  early  April.   The  current  BAT                                                               
requirements have changed  the permitting rules in  the middle of                                                               
the  process,  however.   Alaska  offers  a limited  construction                                                               
season; therefore,  getting SB 343  on the books within  the next                                                               
few weeks is critical to  the commercial success of this project.                                                               
The project  is not  only critical to  Alaska operations,  but to                                                               
the industry  as a  whole, he  told members.   He  encouraged the                                                               
committee,  the legislature,  and  the administration  to act  as                                                               
quickly as possible to enact SB 343 as it is now written.                                                                       
                                                                                                                                
Number 2864                                                                                                                     
                                                                                                                                
TOM LAKOSH testified  via teleconference, noting that  he was the                                                               
plaintiff  in Lakosh  v. DEC.    He explained  that he'd  pursued                                                             
litigation  because  in  1995  when   the  Prince  William  Sound                                                               
contingency  plans were  approved, several  communities, affected                                                               
individuals, and  user groups had  appealed the decision  of that                                                               
contingency plan;  one basis was  that the department  had failed                                                               
to  adequately  consider  best available  technology  as  it  was                                                               
understood then.   Subsequently, during the  litigation process -                                                               
the administrative  appeal process  - DEC  decided to  change the                                                               
regulations because it couldn't  withstand the strict scrutiny of                                                               
the  law at  that time,  he  told members.   Now,  DEC has  again                                                               
failed  to apply  the law  as  it was  written in  1980, and  has                                                               
failed  to   implement  any  form,   manner,  or  shape   of  the                                                               
regulations.   He  has been  compelled  to pursue  this at  every                                                               
turn, he said.   He mentioned the 1997 regulation  and the demand                                                               
that  the   agency  substitute  the  technology   conference  and                                                               
subsequent analysis of breakthrough technology.                                                                                 
                                                                                                                                
TAPE 02-19, SIDE B                                                                                                              
                                                                                                                                
MR.  LAKOSH   noted  that  several  committee   members  live  in                                                               
districts  where  there are  severe  problems  with dealing  with                                                               
hazardous  substance spills  -  in particular,  oil  spills.   He                                                               
recommended asking Forest [Oil Corporation]  if it can respond in                                                               
Cook  Inlet's ice  from its  new development;  that may  stop its                                                               
ability  to  be approved  under  the  "reliable and  appropriate"                                                               
standard, he  suggested, because  currently there is  no reliable                                                               
and appropriate  method of removing oil  from ice-bearing waters;                                                               
however,  there  are  some  scant references  to  it  in  various                                                               
contingency  plans.    Under  none  of them  does  DEC  have  the                                                               
delusion  that any  of  these permittees  can  respond in  broken                                                               
rivers; in  fact, Susan Harvey (ph)  lost her job over  this same                                                               
type of  political fix  to a  technological problem,  he informed                                                               
the committee.                                                                                                                  
                                                                                                                                
MR.  LAKOSH,  with regard  to  floating  ice,  said there  is  no                                                               
ability  to  meet  the  response-planning  standard  under  those                                                               
conditions.   He referred  to Prince William  Sound and  said the                                                               
huge  barges and  millions  of dollars'  worth  of equipment  are                                                               
unable to  respond in seas higher  than six feet -  those systems                                                               
are  designed poorly  and require  people  to work  on deck,  and                                                               
there is a limit to that.   However, some design features in some                                                               
of their  equipment show  a great deal  of promise  for expanding                                                               
the ability to work in the more severe Alaskan conditions.                                                                      
                                                                                                                                
Number 2987                                                                                                                     
                                                                                                                                
MR.  LAKOSH told  members  the BAT  [provision]  was supposed  to                                                               
improve the  ability to protect Alaska's  resources, because it's                                                               
not  constitutionally   permissible  to  put   an  ultrahazardous                                                               
activity   in  the   middle  of   everybody  else's   reasonable,                                                               
concurrent uses without  the ability to mitigate  the damage that                                                               
the hazardous activity  could create.  Comparing an  oil spill to                                                               
a  fish  trap,  he  said the  constitution  outlawed  fish  traps                                                               
because they  didn't provide for  sustained yield  and reasonable                                                               
concurrent use.   He said neither do oil  spill contingency plans                                                               
- mere  "paper tigers"  - that don't  employ the  best technology                                                               
designed to operate in Alaskan conditions.                                                                                      
                                                                                                                                
MR. LAKOSH urged  the committee to go back  through the testimony                                                               
and take time  to look at what the response  problems are in each                                                               
particular  district.    He  requested  that  members  include  a                                                               
requirement for  DEC to  examine improvements  in the  ability to                                                               
address  those  problematic  spill-response situations;  that  is                                                               
what BAT  is needed for.   There is a  big gap in the  ability to                                                               
recover  spills under  severe Alaskan  conditions, he  explained.                                                               
The spill equipment  presently [used] has been  stagnant for some                                                               
time and was never designed  to operate under Alaskan conditions.                                                               
He  indicated  that  in  recent   years  many  northern  European                                                               
countries   have  [acquired   technology   more  advanced]   than                                                               
[Alaska's current] system.                                                                                                      
                                                                                                                                
MR. LAKOSH said  this inability of DEC to  properly determine BAT                                                               
goes back  21 years - 21  years of accumulated damage  to Alaskan                                                               
citizens from DEC's dereliction  of duties, including problems of                                                               
response to spills  in ice, response to spills in  high seas, and                                                               
response to  spills in  tundra, as seen  at the  Livengood spill.                                                               
He  also mentioned  the railroad-related  spill  in [the  Willow]                                                               
area and  the need to  have BAT  response in the  Susitna [River]                                                               
regarding ice.                                                                                                                  
                                                                                                                                
MR.  LAKOSH  said  the  legislature   is  essentially  taking  an                                                               
administrative role  in approving illegally issued  permits; that                                                               
administrative  function may  be subject  to appeal.   There  are                                                               
several other  bailouts that the  legislature will have to  do if                                                               
DEC  isn't strictly  directed to  provide the  analysis of  spill                                                               
technology   that   was  mandated   by   law   by  two   previous                                                               
legislatures.   He said, "This legislature,  by a wave of  a wand                                                               
cannot  reinterpret  as  a  matter  of  law."    Encouraging  the                                                               
committee to  look at  the changes  he'd recommended,  Mr. Lakosh                                                               
said the  [changes] are  not that  far from  the RCAC's  or DEC's                                                               
position in using the technology  conferences and an analysis for                                                               
breakthrough  technology.   He suggested  that  it be  done on  a                                                               
semiannual  basis instead  of every  five years,  however, to  be                                                               
more  consistent  with  statute.     He  mentioned  the  response                                                               
industry and some conversations with manufacturers.                                                                             
                                                                                                                                
Number 2676                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA  asked Mr. Lakosh  if he had  brought the                                                               
tractor tugs to the awareness of the industry.                                                                                  
                                                                                                                                
MR. LAKOSH  said that  was not  his original  action, but  he did                                                               
strongly  support  them, and  he  strongly  supports their  being                                                               
tethered throughout Prince William Sound.                                                                                       
                                                                                                                                
REPRESENTATIVE KERTTULA  asked Mr. Lakosh  if he'd argued  to see                                                               
those [tractor tugs] used.                                                                                                      
                                                                                                                                
MR. LAKOSH said yes.                                                                                                            
                                                                                                                                
Number 2610                                                                                                                     
                                                                                                                                
SUSAN SCHRADER,  Alaska Conservation  Voters (ACV),  came forward                                                               
to testify.   She  told the  committee ACV  believes SB  343 will                                                               
weaken the  state's oil spill  response laws.  In  addition, this                                                               
bill will  be a  disincentive to  the oil  industry to  spend the                                                               
money  needed  for  resource research  and  development  on  best                                                               
available  technology.   She reported  that  [ACV] also  believes                                                               
this bill  gets DEC "off  the hook" for requiring  best available                                                               
technology.   She  said the  opinions of  the attorneys  that she                                                               
works with differ from the  assistant attorney general's opinion.                                                               
She  remarked that  the  supreme court  case  is about  differing                                                               
opinions.  She said ACV is  opposed to [SB 343], which represents                                                               
a rollback in the oil  spill protection laws that the legislature                                                               
passed a number of years ago.   She concluded by saying she hoped                                                               
the committee would consider all viewpoints on this bill.                                                                       
                                                                                                                                
Number 2546                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA asked  Ms. Schrader  how she  would have                                                               
DEC determine what is best.                                                                                                     
                                                                                                                                
MS.  SCHRADER indicated  she  wasn't the  person  to answer  that                                                               
question  because  her knowledge  of  the  details of  oil  spill                                                               
planning and prevention was minimal.                                                                                            
                                                                                                                                
REPRESENTATIVE KERTTULA  suggested that a standard  of "the best"                                                               
is  inherently  unworkable  because  it would  be  [difficult  to                                                               
determine] what  "the best" is.   She asked if the  problem was a                                                               
performance  standard.   She indicated  that even  with the  best                                                               
technology  available  in the  world,  if  there  is not  a  good                                                               
performance  standard, then  it  [might] not  meet the  necessary                                                               
requirements.                                                                                                                   
                                                                                                                                
MS. SCHRADER  referred to the  supreme court decision.   She said                                                               
there are  two lines  of approach to  determining the  quality of                                                               
the  C   Plan:    meeting  performance   standards  and  planning                                                               
standards, and  also addressing best  available technology.   She                                                               
indicated ACV  would like  to see the  "winnowing" process  - the                                                               
alternative analysis  to determining best available  technology -                                                               
be kept  in regulations, and that  DEC be required to  go through                                                               
that process.   She  indicated if  an applicant  comes in  with a                                                               
draft plan  and it meets  the planning standard, then  that would                                                               
allow DEC  to determine  that as  the best  available technology.                                                               
She said DEC is not required  to go though the winnowing process,                                                               
however, which ACV  feels would result in  a potentially stronger                                                               
more protective plan.                                                                                                           
                                                                                                                                
Number 2438                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA  remarked that DEC is  testifying that it                                                               
is  not   changing  its  regulations;  however,   it  is  meeting                                                               
regulations  that are  currently on  the  books.   She asked  Ms.                                                               
Schrader if this  bill allows [DEC] to get out  of something that                                                               
it currently does in regulations.                                                                                               
                                                                                                                                
MS.  SCHRADER said  ACV's  belief  is that  DEC  doesn't need  to                                                               
address  the  Lakosh decision  through  statute;  it already  has                                                             
started its  regulatory process to address  the court's decision.                                                               
She indicated ACV  would like to see that process  continue.  She                                                               
said ACV does support the  concept of a conference, whether every                                                               
five years or every year.   A conference between DEC and industry                                                               
shouldn't be  the end to  determining best  available technology,                                                               
however.   There  has to  be  opportunity for  public comment  on                                                               
whatever comes  out of  those conferences.   She said  ACV thinks                                                               
DEC  can  address  all  of   the  court's  concerns  through  the                                                               
regulatory process.                                                                                                             
                                                                                                                                
Number 2381                                                                                                                     
                                                                                                                                
REPRESENTATIVE  McGUIRE asked  if ACV  supported the  regulations                                                               
that  came out  of  the stakeholder  working  group; whether  the                                                               
stakeholder panel included  [an environmental] representative and                                                               
who that person was; and whether  Ms. Schrader has a problem with                                                               
the concept  behind the regulations  and their  being implemented                                                               
in statute.                                                                                                                     
                                                                                                                                
MS.  SCHRADER answered  that  she'd tried  to  determine who  the                                                               
environmentalists were  on the stakeholder group,  but nobody she                                                               
has worked  with knows  or has  come forward.   She said  ACV was                                                               
just formed in  1997, and didn't take a role  in [the stakeholder                                                               
group].  She said, however, that  ACV does agree with the supreme                                                               
court's interpretation  that DEC  did not  promulgate regulations                                                               
coming out of  that 1997 stakeholder group that  comport with the                                                               
statute.                                                                                                                        
                                                                                                                                
MR. DIETRICK  recalled that the  1997 stakeholder  group included                                                               
RCACs   and   industry  groups;   the   lead   contact  for   the                                                               
environmental community was Patty  Saunders (ph), who represented                                                               
a number  of environmental organizations, and  another person who                                                               
was  her  alternate.   There  were  other participants,  but  all                                                               
stakeholders were at the table, he remarked.                                                                                    
                                                                                                                                
REPRESENTATIVE McGUIRE  said she wanted  it stated on  the record                                                               
that there was representation by the environmental community.                                                                   
                                                                                                                                
REPRESENTATIVE KERTTULA asked Mr. Dietrick  if there would be any                                                               
impact by requiring  a five-year conference and  mentioning it in                                                               
the intent  statement.  She  offered her understanding  that this                                                               
is  something DEC  will do.   Furthermore,  it is  not much  of a                                                               
requirement, and the RCAC has asked that it be done.                                                                            
                                                                                                                                
Number 2205                                                                                                                     
                                                                                                                                
MR. DIETRICK said  he didn't think there would be  a problem with                                                               
that.   He remarked that the  problem that has been  expressed is                                                               
timing with regard to passage of  the bill.  He said the proposal                                                               
by the  Prince William Sound  RCAC included in the  packet hadn't                                                               
been  reviewed  internally,  but  that  his  first  review  would                                                               
indicate it isn't a problem.                                                                                                    
                                                                                                                                
MR. DIETRICK  pointed out  that DEC believes  in holding  the BAT                                                               
conference, had agreed to that process  in 1997, and thinks it is                                                               
an  important and  efficient way  for  the state  to examine  new                                                               
technologies;  without   the  conference,  DEC  does   it  on  an                                                               
individual plan review basis.  He  added that he would argue that                                                               
there  are benefits  to  the conference,  the  industry, and  all                                                               
parties.    Doing a  comprehensive  review  on a  periodic  basis                                                               
allows  DEC to  identify technologies  that individual  companies                                                               
may not have to repeat, he  explained.  There are 120 facilities,                                                               
so  there's an  efficiency there  in  making the  BAT review  and                                                               
moving in that direction.                                                                                                       
                                                                                                                                
Number 2112                                                                                                                     
                                                                                                                                
CO-CHAIR MASEK referred  to a letter submitted by DEC.   She said                                                               
there are five points that refer  to [SB 343].  She remarked that                                                               
it  seems to  be in  order.   She said  she didn't  think it  had                                                               
caused the committee that much  concern, and that it is testimony                                                               
from  DEC's deputy  commissioner.   She said  she felt  this bill                                                               
would  answer  some of  the  issues  from the  [supreme]  court's                                                               
ruling in  wanting the  legislative body  to clarify  its intent.                                                               
She remarked that she believes this legislation does that.                                                                      
                                                                                                                                
REPRESENTATIVE KERTTULA said after  the Exxon Valdez [spill], she                                                               
thinks  the BAT  standard  was a  compromise  from requiring  the                                                               
industry to  meet the best  technology.  She remarked  that there                                                               
was an intense  reaction [to the oil  spill].  She said  it was a                                                               
compromise  to come  down  from something  that  could have  been                                                               
required  of the  industry.   Best available  technology ends  up                                                               
being a "circular"  standard; if there is not  a good performance                                                               
standard, then it's  not going to matter what  kind of technology                                                               
there is  because it's  going to  be meaningless,  she suggested.                                                               
She referred  to Mr. Dietrick's  testimony and said  the converse                                                               
is  also   true:    when   there  is  a   conference,  scientific                                                               
information  is shared;  when it's  known  what's available,  the                                                               
performance standard can be pushed.                                                                                             
                                                                                                                                
REPRESENTATIVE KERTTULA  referred to the testimony  about oil and                                                               
broken ice,  which she said is  a difficult issue.   She said DEC                                                               
and  the industry  are in  an eternal  balance of  how to  meet a                                                               
performance standard and  how to do what's reasonable.   She said                                                               
the supreme  court's decision  was correct on  the language  - it                                                               
looked behind the intent and tried to  do the best it could.  She                                                               
remarked  that the  committee is  stuck in  a difficult  position                                                               
because it doesn't  want to stop everything  from moving forward.                                                               
She mentioned the  Exxon Valdez oil spill, and said  she had some                                                               
real concerns about this legislation.   "It's not really in me to                                                               
just  overrule a  court  case and  say, 'Go  on  your way,'"  she                                                               
added.                                                                                                                          
                                                                                                                                
REPRESENTATIVE  KERTTULA explained  that her  biggest concern  is                                                               
that DEC has  very few resources; it has excellent  people who do                                                               
everything  that  they can,  but  there  is concern  about  their                                                               
future.   She mentioned testimony  and the compromise  that seems                                                               
to  be  coming   forward  of  at  least   putting  the  five-year                                                               
conference in the intent [language].   She therefore told members                                                               
that  what she  would like  to see  coming out  of the  committee                                                               
today  is  explicitly mentioning  the  conference  in the  intent                                                               
language, which  will help  both sides.   Mr. Dietrick  is right,                                                               
she said:  it is going to  help the industry because DEC will not                                                               
have to review every single plan.                                                                                               
                                                                                                                                
Number 1878                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN  remarked that the  addition is in  the bill                                                               
to  guide litigation  and to  help the  supreme court  understand                                                               
what the legislature meant when  saying "they" have the authority                                                               
to  determine  what  the  best   available  technology  is.    He                                                               
indicated there  is no way  for the  statutes to stay  current on                                                               
best available  technology, and  that it  would be  difficult for                                                               
the   legislature  to   stay  informed   because  technology   is                                                               
constantly changing.                                                                                                            
                                                                                                                                
REPRESENTATIVE  GREEN  indicated   perhaps  a  superlative  would                                                               
essentially force  noncompliance.   Therefore, "may" is  the only                                                               
logical way  to go for an  agency charged with ensuring  that the                                                               
best  technology is  available.   He also  indicated using  "may"                                                               
would   allow   a   watchdog    organization   to   monitor   the                                                               
administration  for compliance,  whereas "must"  would result  in                                                               
micromanaging of the administration.                                                                                            
                                                                                                                                
REPRESENTATIVE GREEN  indicated that  it is important  to resolve                                                               
the issue and  get permits processed.  He  suggested that putting                                                               
things in  intent language helps  the supreme court  with another                                                               
piece  of litigation.    He  mentioned an  incident  in 1989;  he                                                               
indicated the intent  was not in statute.  He  told the committee                                                               
that [SB  343] takes  care of  what the  supreme court  found was                                                               
missing.  He expressed his desire to move the bill out.                                                                         
                                                                                                                                
CO-CHAIR SCALZI indicated agreement  with Representative Green on                                                               
the practical application  of the service project.   He said most                                                               
local  fishing vessels  have  participated  throughout the  state                                                               
since the  Exxon [Valdez] oil spill.   Each year, the  vessels go                                                               
through the practice  of picking up material that  is supposed to                                                               
symbolize an oil spill, and every  year there is some new change.                                                               
He  said often  [the process]  goes  backwards:   methods used  a                                                               
couple of years ago may be  more efficient than new technology or                                                               
machinery.   He indicated the equipment's  effectiveness won't be                                                               
known until it is used on an actual oil spill.                                                                                  
                                                                                                                                
CO-CHAIR  SCALZI offered  that  [this issue]  is subjective,  and                                                               
that the latitude of having "may"  in the language is needed.  He                                                               
said he  thought referencing  the [conference]  would be  fine if                                                               
it's part  of the  intent language, and  is what  the legislature                                                               
wants to do.   He added that the bill is written  fine the way it                                                               
is, however, and that he supports moving it out.                                                                                
                                                                                                                                
CO-CHAIR MASEK indicated  her belief that nothing  is being taken                                                               
away; the legislature must validate  the existing regulations and                                                               
preserve the  approach to  use for  making that  determination as                                                               
envisioned by  the 1997 task force.   She said the  same level of                                                               
rigor for  plans reviewed  must be  sustained, as  now practiced,                                                               
and  not diminish  existing response  capability.   She said  the                                                               
legislation  must   continue  supporting   the  ability   of  the                                                               
department to evaluate new technologies and make BAT findings.                                                                  
                                                                                                                                
Number 1469                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA  responded that she thought  the language                                                               
Co-Chair Masek had  read was from DEC; however, it  is not in the                                                               
bill itself.   She said mentioning the conference  is very little                                                               
to ask.                                                                                                                         
                                                                                                                                
REPRESENTATIVE KERTTULA began  specific discussion of [conceptual                                                               
Amendment  1].   She  referred  to  line  21, but  suggested  [an                                                               
amendment]  would be  more appropriate  after  line 17:   to  add                                                               
language that  the regulations require best  available technology                                                               
every  five  years.    She explained  that  the  conference  will                                                               
identify  best  available technology  in  an  orderly way.    She                                                               
indicated [the amendment] is in  line with the RCAC and [current]                                                               
regulations.   She  said  she  didn't think  it  would cause  any                                                               
problems, but seems to engender some  goodwill on the part of the                                                               
RCAC and other groups.                                                                                                          
                                                                                                                                
Number 1420                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA   moved  to   adopt  the   foregoing  as                                                               
[conceptual  Amendment  1],  to  add the  language  wherever  the                                                               
drafter believes it is appropriate.                                                                                             
                                                                                                                                
Number 1399                                                                                                                     
                                                                                                                                
CO-CHAIR MASEK objected.                                                                                                        
                                                                                                                                
REPRESENTATIVE  KERTTULA, in  response  to Representative  Green,                                                               
clarified   that  [conceptual   Amendment  1]   would  say   that                                                               
regulations  require a  BAT conference  every  five years,  which                                                               
will identify best  available technology in an orderly  way.  She                                                               
pointed out that  there are almost two pages  of intent [language                                                               
before  the committee].   She  said she  would be  in [favor]  of                                                               
taking it  all out,  but that  if there are  two pages,  it seems                                                               
little to ask that one sentence about a conference be added.                                                                    
                                                                                                                                
CO-CHAIR   MASEK  responded   that  she   thought  Representative                                                               
Kerttula  had  a good  motive;  she  reiterated her  own  belief,                                                               
however, that the issue is  "answered" in regulations and doesn't                                                               
need to be included in the bill.                                                                                                
                                                                                                                                
CO-CHAIR MASEK called an at-ease from 2:29 p.m. to 2:30 p.m.                                                                    
                                                                                                                                
Number 1198                                                                                                                     
                                                                                                                                
A roll  call vote was  taken.  Representative Kerttula  voted for                                                               
conceptual Amendment  1.  Representatives Fate,  Chenault, Green,                                                               
McGuire,   Stevens,  Masek,   and   Scalzi   voted  against   it.                                                               
Therefore, conceptual Amendment 1 failed by a vote of 1-7.                                                                      
                                                                                                                                
Number 1174                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN  moved  to  report  CSSB  343(RES)  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal  note.  There  being no objection, CSSB  343(RES) was                                                               
moved out of the House Resources Standing Committee.                                                                            
                                                                                                                                
HB 474-ANCHORAGE COASTAL WILDLIFE REFUGE                                                                                      
                                                                                                                                
Number 1120                                                                                                                     
                                                                                                                                
CO-CHAIR MASEK announced  that the next order  of business before                                                               
the committee  would be HOUSE BILL  NO. 474, "An Act  relating to                                                               
public  rights-of-way and  easements  for surface  transportation                                                               
affecting the  Anchorage Coastal  Wildlife Refuge."   [Before the                                                               
committee was CSHB 474(CRA).]                                                                                                   
                                                                                                                                
CO-CHAIR MASEK called an at-ease from 2:32 p.m. to 2:35 p.m.                                                                    
                                                                                                                                
Number 1095                                                                                                                     
                                                                                                                                
LAURA  ACHEE, Staff  to Representative  Joe  Green, Alaska  State                                                               
Legislature, presented  HB 474 at  the request  of Representative                                                               
Green,  sponsor.   She  told  the  committee that  the  Anchorage                                                               
Coastal Wildlife Refuge  (ACWR) was created in 1988  by the state                                                               
legislature.   She  referred  to a  map  that illustrated  ACWR's                                                               
[location]  along   part  of  the  coastline,   adjacent  to  the                                                               
Municipality  of Anchorage.   She  said Cook  Inlet has  a unique                                                               
coastline because  Fire Island  protects a  section of  land from                                                               
the  movement of  ice  in Cook  Inlet.   She  also mentioned  the                                                               
uniqueness of the area as  a habitat for shorebirds, coyotes, and                                                               
other small  animals.  She  said HB 474 recognizes  the fragility                                                               
and  the  value  of  this  section  of  land  by  requiring  that                                                               
legislative  approval be  granted  before the  state acquires  or                                                               
creates any new surface  transportation rights-of-way through the                                                               
refuge.                                                                                                                         
                                                                                                                                
REPRESENTATIVE GREEN  mentioned some [proposed]  alternate routes                                                               
illustrated on the map.  He  said the route of most contention is                                                               
the "orange" route [located along]  the bluff - the most critical                                                               
of the habitats.   There is also a "gold"  route that goes inland                                                               
to connect  with other existing  sections of trails,  which would                                                               
be far  less expensive  than trying  to build  a route  along the                                                               
[bluff].   In addition, the  [gold route] would  connect existing                                                               
trails, which is one of  the concepts - to [allow] neighborhoods,                                                               
schools, and  so forth to  utilize the [route].   Most important,                                                               
the  route would  stay out  of those  critical habitat  areas and                                                               
allow a  view for everyone, he  explained.  He mentioned  that he                                                               
was told the gold route offers as  much of a view of [Cook] Inlet                                                               
as the orange route does;  furthermore, because of the location's                                                               
being elevated, more of the inlet can be seen.                                                                                  
                                                                                                                                
CO-CHAIR MASEK asked which route is the original trail.                                                                         
                                                                                                                                
REPRESENTATIVE  GREEN  said  there  is  no  original  trail;  the                                                               
purpose of [HB 474] is to prevent [a trail in that area].                                                                       
                                                                                                                                
CO-CHAIR MASEK mentioned the Tony Knowles Coastal Trail.                                                                        
                                                                                                                                
REPRESENTATIVE  GREEN indicated  the Tony  Knowles Coastal  Trail                                                               
was at  the beginning of  the map.   He mentioned  other existing                                                               
trails  that go  through the  park.   He  said there  is an  area                                                               
scoured by  ice every year  that the trail  runs along.   He also                                                               
mentioned an  area shielded by  Fire Island, which has  allowed a                                                               
saltwater marsh habitat  to develop; an area near  the Old Seward                                                               
Highway and new Seward Highway;  and a previously existing trail.                                                               
He indicated  that a section near  the top section of  the map is                                                               
critical [for  preservation].  He  explained that the  concern is                                                               
that if there is  going to be a trail there, then  it will be the                                                               
least damaging.                                                                                                                 
                                                                                                                                
CO-CHAIR MASEK asked Representative  Green which [proposed] trail                                                               
he was rejecting.                                                                                                               
                                                                                                                                
REPRESENTATIVE  GREEN said  he thought  the gold  route would  be                                                               
better because  it avoids some  critical areas and home  sites on                                                               
the bluff.  He mentioned that  putting a trail on the bluff would                                                               
[require] condemnation.   It would [require]  habitat destruction                                                               
to put the trail at the bottom of the bluff, he added.                                                                          
                                                                                                                                
Number 0698                                                                                                                     
                                                                                                                                
JESSE  VANDERZANDEN, Executive  Director, Alaska  Outdoor Council                                                               
(AOC), testified via teleconference.   He told the committee that                                                               
AOC recently held its annual  meeting, with about 24 member clubs                                                               
represented  by delegates  who voted  unanimously to  support the                                                               
passage of  HB 474.   He  mentioned that  AOC had  worked closely                                                               
with  Dave  Adams  from SARTA  [South  Anchorage  Regional  Trail                                                               
Advocates] on  the issue  and on  the consideration  of different                                                               
routes.   He mentioned writing  a letter  in support of  the gold                                                               
route at one time.                                                                                                              
                                                                                                                                
MR. VANDERZANDEN conveyed a primary  concern:  that future access                                                               
regarding  trails  and roads,  if  they  are to  be  constructed,                                                               
doesn't limit or impact existing  uses such as currently found at                                                               
the refuge  regarding waterfowl hunting  and at the  Rabbit Creek                                                               
rifle  range.    In  regard  to  legislative  oversight  on  that                                                               
particular  trail, he  suggested  the precedent  is fairly  clear                                                               
because [the  legislature] initially created the  refuge and some                                                               
of  the parameters  surrounding  the refuge.    He indicated  the                                                               
legislature  should participate  in  changes made  to the  refuge                                                               
that may  impact habitat, existing uses,  and so forth.   He said                                                               
AOC strongly supports passage of HB 474.                                                                                        
                                                                                                                                
Number 0481                                                                                                                     
                                                                                                                                
JEFF  LOWENFELS  testified  via teleconference,  noting  that  he                                                               
lives on the  bluff over the proposed coastal trail.   He offered                                                               
his  belief that  there  are some  compelling  reasons why  there                                                               
shouldn't be a coastal trail in the  refuge.  He said he had been                                                               
involved  in  a number  of  permitting  processes for  27  years;                                                               
however,  this  one  seemed  the   most  unusual,  with  constant                                                               
shifting of  environmental proposals and, at  nearly every public                                                               
meeting,  a  new proposal  that  someone  in the  government  has                                                               
brought up.   He said there are incredible  levels of frustration                                                               
at  meetings  - more  than  anything  he  has been  involved  in,                                                               
including permitting for  the [proposed] gas pipeline.   There is                                                               
a tremendous lack of trust  of officials because of the political                                                               
gamesmanship that has been played,  he remarked.  As examples, he                                                               
cited  the  name  of  the  trail, the  extension  of  the  trail,                                                               
comments  by the  governor that  the trail  will be  down in  the                                                               
refuge,  and comments  by  the commissioner  of  the Division  of                                                               
Natural Resources (DNR).                                                                                                        
                                                                                                                                
MR.  LOWENFELS expressed  disbelief  that  public officials  have                                                               
gone about  the process this  way - exposing themselves  and both                                                               
sides  to continuous,  extensive, and  expensive litigation.   As                                                               
someone who lives on the bluff,  Mr. Lowenfels said he wants this                                                               
settled once  and for all; he  is tired of going  to meetings and                                                               
having people  come up with  new proposals, the latest  being the                                                               
so-called   "fuchsia"  route,   for   which,  despite   extensive                                                               
testimony, no  map has  been made  available to  the public.   He                                                               
said  there is  something  so  wrong with  the  process that  the                                                               
legislature was asked to "step  back in," which is quite unusual.                                                               
He urged the committee to pass HB 474.                                                                                          
                                                                                                                                
Number 0150                                                                                                                     
                                                                                                                                
REPRESENTATIVE McGUIRE remarked that many  people who live in her                                                               
and Representative  Green's districts are profoundly  affected by                                                               
this issue.  She mentioned  that she had also experienced similar                                                               
frustration  pertaining to  the trail  route.   She said  she and                                                               
Representative Green  had been  in touch  with the  Department of                                                               
Transportation  [& Public  Transportation  (DOT&PF)].   She  told                                                               
members that a  woman in her district had  received bad treatment                                                               
from  DOT&PF in  her  first  effort at  being  involved in  state                                                               
government; as a result, [the  commissioner] had since issued the                                                               
woman  a letter  of  apology.   Representative  McGuire said  she                                                               
believes  it   is  important  to   have  this  second   layer  of                                                               
representative process because  the process has not  worked.  She                                                               
described it as  one of the most "dramatic  abuses of government"                                                               
she has ever seen.                                                                                                              
                                                                                                                                
TAPE 02-20, SIDE A                                                                                                              
Number 0028                                                                                                                     
                                                                                                                                
MIKE   MITCHELL,  President,   Anchorage  Trails   and  Greenways                                                               
Coalition, testified  via teleconference.  He  told the committee                                                               
the  coalition  is a  nonprofit  corporation  in operation  since                                                               
1994, with  members throughout the greater  Anchorage [area]; its                                                               
mission is  to promote both  trails and protected open  spaces in                                                               
the area.  He spoke in opposition  to HB 474, which he said would                                                               
politicize, disrupt,  and ultimately trump a  public process that                                                               
has  been going  on  for  several years  -  to study  alternative                                                               
routes  and  pick  the  optimal route  to  connect  the  existing                                                               
coastal trail  with the  Seward Highway  corridor.   He mentioned                                                               
that the coalition's members feel the process is working.                                                                       
                                                                                                                                
MR. MITCHELL  said hundreds of  people throughout  Anchorage have                                                               
put  [time]  into  this process  -  attending  various  meetings,                                                               
submitting  testimony, and  advocating  for various  routes.   He                                                               
said everyone  agrees, and  there have  been frustrations  on all                                                               
sides; however, it  would be inappropriate at this  point to step                                                               
in, at the end of this  process, to give the legislature a "trump                                                               
card" and to  [relegate] the entire process to a  simple "yea" or                                                               
"nay"  vote,  without  any  real standards  for  that  vote,  and                                                               
without the  full understanding  of all of  the issues  that have                                                               
been discussed.                                                                                                                 
                                                                                                                                
MR. MITCHELL  directed attention  to those members  from outlying                                                               
areas and  said the  precedent that could  be established  by [HB
474] is  a dangerous one.   He explained  that this could  take a                                                               
particular project and potentially  bypass the permitting process                                                               
that  has  been established  -  a  public process  that  provides                                                               
opportunity for input  at the grassroots level  and that provides                                                               
certain decision  points and certain  criteria for  evaluation of                                                               
the various routes  and for the [decision]  regarding the optimal                                                               
route.                                                                                                                          
                                                                                                                                
Number 0268                                                                                                                     
                                                                                                                                
MR. MITCHELL said [HB 474]  would ultimately bypass [the process]                                                               
and   [leave  the   decision]  to   the  legislature,   basically                                                               
disregarding the efforts  of [participants] throughout Anchorage.                                                               
If this  were adopted in  other areas, then it  could potentially                                                               
put  the decision  made at  the local  level at  the will  of the                                                               
legislature, [which  consists of  members] from across  the state                                                               
who haven't  had the opportunity  to hear all of  the information                                                               
and to  carefully consider  the various factors  that need  to go                                                               
into this decision.   He said the Anchorage  Trails and Greenways                                                               
Coalition  and its  members urge  the committee  to oppose  [CSHB
474(CRA)].                                                                                                                      
                                                                                                                                
Number 0365                                                                                                                     
                                                                                                                                
CHIP DENNERLEIN,  Director, Division of Habitat  and Restoration,                                                               
Alaska Department of Fish and  Game (ADF&G), testified before the                                                               
committee, noting  that he couldn't judge  or take responsibility                                                               
for anything that  happened on the project before  January 7, but                                                               
would offer a  few observations and take  full responsibility for                                                               
everything he'd done since then.                                                                                                
                                                                                                                                
MR. DENNERLEIN  told members that  the concern over  the refuge's                                                               
value is  legitimate.   Mentioning that  he'd lived  in Anchorage                                                               
for almost 30 years and [previously]  owned a house on the bluff,                                                               
Mr.  Dennerlein   indicated  he  and  his   family  have  several                                                               
interests  in this  area, and  that he  has spent  a lot  of time                                                               
involved in the  coastal trail [issue]; in addition,  he has been                                                               
an executive manager for the city and a state park director.                                                                    
                                                                                                                                
MR. DENNERLEIN agreed  that the refuge is unique;  as an example,                                                               
he  cited the  area  of no  ice  scour.   He said  it  is a  very                                                               
important habitat type all through  Cook Inlet, such as the Kenai                                                               
flats, which  is why snow geese  stop there.  He  also agreed the                                                               
orange route is of the most  concern because it is located in the                                                               
"heart of  the habitat."   He  mentioned an  aerial map  and that                                                               
Representative Green had pointed out where the refuge widens.                                                                   
                                                                                                                                
Number 0630                                                                                                                     
                                                                                                                                
MR.  DENNERLEIN  highlighted  the  organic  soil  depth  and  the                                                               
nesting in the area; in addition, there  is a lot going on in the                                                               
refuge.  He referred to a memo and said:                                                                                        
                                                                                                                                
     Yes,  we did  come up  with a  new, alternative  route.                                                                    
     Yes, the controversy  focuses on the orange  route - in                                                                    
     particular, the  portion of the orange  route that runs                                                                    
     between  the  fill area  and  down  toward Johns  Park.                                                                    
     There's a lot of wildlife  reasons I could give you for                                                                    
     that - I'd be happy to -  but the bottom line is that I                                                                    
     would not, as habitat  director, issue required permits                                                                    
     for that route.  I ...  am convinced that I couldn't do                                                                    
     so  under  my statutory  authority  and  the values  at                                                                    
     stake there,  and I think  we correctly focused  on the                                                                    
     problem.                                                                                                                   
                                                                                                                                
MR. DENNERLEIN reiterated  that he had hunted  extensively in the                                                               
[refuge] area,  which isn't  currently hunted  and was  closed by                                                               
the Alaska Board of Game.  The  bluff in that area is about 20-30                                                               
feet high,  and the birds  go up against  the back of  the bluff;                                                               
there were  noise issues, and  concerns about shot  and shotguns.                                                               
He remarked  that it  is also  a very  important section  of true                                                               
refuge.                                                                                                                         
                                                                                                                                
MR. DENNERLEIN said  the process has been tortuous.   Many people                                                               
had put a  lot of work into  the process, which he  would like to                                                               
see go forward.  He  offered his belief that Representative Green                                                               
was correct  regarding the area most  at stake.  A  new route was                                                               
designed because  there still are  many "checks and  balances" to                                                               
come  in  the process:    coastal  management reviews,  Title  16                                                               
permits,  and  special  areas  permits.    He  mentioned  putting                                                               
together  a  list of  reasonable,  viable  alternatives that  the                                                               
Federal Highway Administration (FHA)  must approve, which will go                                                               
to the public.                                                                                                                  
                                                                                                                                
Number 0832                                                                                                                     
                                                                                                                                
MR. DENNERLEIN explained that his desire  is to give the public a                                                               
chance to  see the  most coastal,  in-character route  that ADF&G                                                               
feels it  could permit.   Indicating the route couldn't  be built                                                               
immediately,   he   mentioned   building,  design   issues,   and                                                               
techniques  [associated  with building  the  route].   He  talked                                                               
about the  causeway that would go  through the refuge and  how it                                                               
would be  built.  He said  [the fuchsia route] has  no associated                                                               
issues that  would require a  section of  trail to be  lifted off                                                               
and  [placed] on  another [area]  of the  map.   The new  fuchsia                                                               
route's problems  could be solved through  design and management.                                                               
If the FHA puts that [route  on the map] and [the department has]                                                               
requested  to take  the  orange [route]  off,  then the  [fuchsia                                                               
route] will  go before the  public, which  he said is  the point.                                                               
He told members:                                                                                                                
                                                                                                                                
     Put  in front  of people  what is  real -  show them  a                                                                    
     spectrum, from the gold [route]  to the most coastal in                                                                    
     character that  avoids critical wildlife  problems that                                                                    
     could  be  issued permits  under  the  law, so  they're                                                                    
     looking at  range of alternatives that's  realistic.  I                                                                    
     think  that's  the  right  thing to  do,  and  I  think                                                                    
     between the National Environmental  Policy Act [NEPA] -                                                                    
     the concurrence that  agencies have to have  - that the                                                                    
     routes  would be  viable and  would meet  statutes, and                                                                    
     all the  way through to  the courts if  we mess up.   I                                                                    
     think  there  are many  checks  and  balances.   And  I                                                                    
     finally  agree with  [Representative] Green's  comments                                                                    
     on the  last bill:   if  you get  into micromanagement,                                                                    
     you soon get into a lot of trouble.                                                                                        
                                                                                                                                
MR. DENNERLEIN concluded by saying it  is about time to put a set                                                               
of alternatives in  front of people that are real  and that cover                                                               
the spectrum, and then let that process play out.                                                                               
                                                                                                                                
Number 0980                                                                                                                     
                                                                                                                                
MR.  DENNERLEIN,  in response  to  Co-Chair  Masek, said  he  was                                                               
testifying  in opposition  to HB  474.   With regard  to specific                                                               
permitting, a few points in the  bill are troublesome in terms of                                                               
the whole municipality, he added.                                                                                               
                                                                                                                                
REPRESENTATIVE CHENAULT requested a copy of the [fuchsia route].                                                                
                                                                                                                                
MR. DENNERLEIN  indicated he  would provide  that.   He mentioned                                                               
the release  of a draft document  for the set of  alternatives by                                                               
the [FHA],  and said he was  hoping the orange [route]  wasn't on                                                               
the [draft document].  He  reiterated that he wouldn't permit the                                                               
middle section [of that route].                                                                                                 
                                                                                                                                
Number 1067                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN  noted  that  Mr. Dennerlein  had  said  he                                                               
wouldn't  permit the  orange route.    Representative Green  said                                                               
it's been  a very  long and tortuous  process wherein  DOT&PF has                                                               
insisted [several times]  on the governor's behalf  that "we stay                                                               
on the orange  route and argue against it."   He remarked that if                                                               
Mr. Dennerlein could see the error  of [the process] in the short                                                               
time that  he has  been involved, then  it is  inconceivable that                                                               
DOT&PF and  others under the  administration shouldn't  also have                                                               
[heard] what people have been saying for two and a half years.                                                                  
                                                                                                                                
MR.  DENNERLEIN responded,  "I think  the train  left the  tracks                                                               
early on."   He pointed  out that  the [coastal trail  route] was                                                               
going to be managed as a  municipal trail project, and the AOC is                                                               
also correct  about uses.   He indicated wildlife  management and                                                               
hunting aren't  within the municipal  charter.   The municipality                                                               
doesn't manage those two things,  and those were the resource and                                                               
use issues on which a lot  of the decision would turn, he pointed                                                               
out.   He said  he thought  it was the  managing system  that was                                                               
uniquely ill-equipped  to deal  with it;  therefore, it  was good                                                               
that the resource management agencies became involved.                                                                          
                                                                                                                                
Number 1151                                                                                                                     
                                                                                                                                
MR.  DENNERLEIN said  he  thought people  didn't  listen to  each                                                               
other  about  different species  of  geese,  and that  there  was                                                               
miscommunication:   geese  on the  park  strip -  Canada geese  -                                                               
aren't snow geese.   He said, "We sat down  and put together some                                                               
principles, and  I think  geography works for  us."   He remarked                                                               
that  the area  below  Kincaid [Park]  is open  to  hunting.   He                                                               
mentioned the difficulty of getting up  and down the bluff.  "You                                                               
could  take them  along the  top of  the bluff  in that  section,                                                               
separate hunters  and trail users  forever, naturally,"  he said.                                                               
He mentioned that he'd tried to  get all of the users together to                                                               
listen to each  other.  The technical point is  that these routes                                                               
never went to the agencies, he added.                                                                                           
                                                                                                                                
Number 1257                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN mentioned  that Mr. Dennerlein's predecessor                                                               
was  opposed  to  the  [coastal   trail  route]  because  of  the                                                               
destruction that would  happen to the habitat, and  now he's "not                                                               
allowed" to  talk.   Also, the  cost issue  that had  been talked                                                               
about has suddenly gone quiet;  the estimates [indicate] it would                                                               
be extremely expensive  to go into the refuge because  of the ice                                                               
and the  unstable nature of  the ground,  he said.   He indicated                                                               
that building and  maintaining the trail would be  expensive.  He                                                               
added that  the [projected cost]  had gone from $300,000  to $2.2                                                               
million, although  cost overruns  are nothing new.   He  said one                                                               
big concern  expressed to him  by people  who live there  is that                                                               
people using  the trails  frequently have dogs  with them.   Dogs                                                               
have  a  tendency to  kill  wild  animals and  could  potentially                                                               
disrupt the birds that nest in the habitat.                                                                                     
                                                                                                                                
Number 1446                                                                                                                     
                                                                                                                                
REPRESENTATIVE  McGUIRE referred  to  a letter  [dated March  14,                                                               
2002] from  Mr. Dennerlein to  Kurt Parkan,  Deputy Commissioner,                                                               
DOT&PF.   She asked Mr. Dennerlein  if he thought ADF&G  could be                                                               
objective if there were a mandatory no-build alternative.                                                                       
                                                                                                                                
MR. DENNERLEIN responded  that the letter was for  the purpose of                                                               
putting  the alternative  [fuchsia route]  on the  list that  the                                                               
[FHA] approves.  He said was  not alone in designing the [fuchsia                                                               
route]; furthermore,  his predecessor was very  supportive of the                                                               
process, and many biologists in  the department worked as a close                                                               
team on the  [route].  It is consistent with  the refuge to bring                                                               
people to  it and provide  education opportunities, he said.   He                                                               
reiterated that  the problem occurs  when [the route]  goes above                                                               
or below the bluff.                                                                                                             
                                                                                                                                
REPRESENTATIVE  McGUIRE  suggested  DOT&PF was  very  careful  to                                                               
endorse a specific route because  "they knew they didn't have the                                                               
EIS [environmental impact statement]."   She asked Mr. Dennerlein                                                               
how he  could endorse a  route that hasn't been  [made available]                                                               
to the public.  She said  that Mr. Dennerlein had made statements                                                               
supporting  the fuchsia  route.   She  asked him  whether he  was                                                               
endorsing a particular route.                                                                                                   
                                                                                                                                
MR. DENNERLEIN said ADF&G didn't  have any objection to a coastal                                                               
route.  He started to mention the management plan.                                                                              
                                                                                                                                
REPRESENTATIVE  McGUIRE  interrupted to  ask  if  [ADF&G] had  no                                                               
objection to extending  the route or was in support  of a coastal                                                               
route.   She  pointed out  that the  letter Mr.  Dennerlein wrote                                                               
says,  "ADF&G   has  consistently   supported  that   concept  of                                                               
extending the South Anchorage Coastal Trail."                                                                                   
                                                                                                                                
MR. DENNERLEIN  spoke about correspondence from  his predecessors                                                               
and others that support the  concept of extending a south coastal                                                               
trail  and providing  people with  the opportunity  to experience                                                               
the refuge.   He said the concept of extending  the south coastal                                                               
trail  is  different  from  a  route.   In  Anchorage,  he  said,                                                               
citizens and  agencies often support  a decision to build  a road                                                               
and  then  look at  alternatives;  even  when an  alternative  is                                                               
chosen, an  agency may not issue  the permits.  He  mentioned the                                                               
interchange  for the  Parks  Highway and  Glenn  Highway and  the                                                               
permitting process as an example.                                                                                               
                                                                                                                                
Number 1726                                                                                                                     
                                                                                                                                
REPRESENTATIVE  McGUIRE asked  Mr.  Dennerlein  who designed  the                                                               
route.                                                                                                                          
                                                                                                                                
MR.  DENNERLEIN  replied  that  the   route  was  designed  by  a                                                               
combination of biologists  at ADF&G.  He said he  was involved in                                                               
it, although  it comes largely  from a proposal that  ADF&G tried                                                               
to advance  earlier on.   The route was  based on a  concept that                                                               
the  commissioner  of  ADF&G  and the  department  had  tried  to                                                               
propose.   He mentioned some  refinements made to the  route, and                                                               
some   "user  perspective"   with   regard   to  using   existing                                                               
infrastructure to address issues such as parking.                                                                               
                                                                                                                                
REPRESENTATIVE McGUIRE  asked Mr.  Dennerlein if [the  route] was                                                               
designed at  the request of the  governor.  She referred  [to the                                                               
route]  as  a "moving  target."    She  said  people in  her  and                                                               
Representative Green's  districts almost had to  hire an attorney                                                               
to get a copy  of the orange route and had  to invoke the Freedom                                                               
of Information  Act to get one.   She reiterated that  she wanted                                                               
to know  where the fuchsia route  came from and how  that process                                                               
occurred.                                                                                                                       
                                                                                                                                
Number 1932                                                                                                                     
                                                                                                                                
CO-CHAIR  MASEK suggested  that Representative  McGuire give  Mr.                                                               
Dennerlein  a list  of  questions; she  asked  Mr. Dennerlein  to                                                               
provide her and the committee with the answers.                                                                                 
                                                                                                                                
Number 2119                                                                                                                     
                                                                                                                                
MIKE JENS testified via teleconference.   A resident who lives on                                                               
the bluff,  he told the  committee he has  been a follower  and a                                                               
supporter of the  coastal trail project since its  inception.  He                                                               
mentioned  that  he  finds  it  unusual  that  such  a  momentous                                                               
decision had  been turned over  to the legislature.   He remarked                                                               
that he doesn't think it should be  done, and that this may set a                                                               
precedent for the  future.  He said he thought  the fuchsia route                                                               
had some merit and should be considered.                                                                                        
                                                                                                                                
MR.  JENS reported  that  with  regard to  DOT&PF,  he'd had  the                                                               
opposite experience of that conveyed  in testimony:  he'd spent a                                                               
lot of time  with [DOT&PF personnel] and found  them gracious and                                                               
informative.   He'd  been  able to  get  information whenever  he                                                               
needed it, [DOT&PF]  had been very forthcoming, and  he had never                                                               
had to  wonder what  was going  on.  Mr.  Jens recounted  his own                                                               
frustration  because  there doesn't  seem  to  be much  progress,                                                               
partly  because  there are  so  many  differing opinions,  hidden                                                               
agendas,  and personal  agendas  about whether  people want  this                                                               
trail in their  backyard.  Most of the opposition  is from people                                                               
who live  on the bluff,  he said.   Mr. Jens referred  to studies                                                               
and said that most of Anchorage is supportive of the trail.                                                                     
                                                                                                                                
MR.  JENS  mentioned  overhearing  information  about  where  the                                                               
various  routes  would be  located.    He  pointed out  that  the                                                               
boundaries of the coastal wildlife  refuge zigzag along the coast                                                               
and come up to  the bluff in a couple places.   He mentioned that                                                               
the  trails that  have been  discussed don't  really go  into the                                                               
refuge,  but  do cross  some  isolated  corners of  the  wildlife                                                               
refuge.  He said  the trail planners had been trying  to go up on                                                               
the bluff to  avoid crossing an isolated corner  of the boundary,                                                               
which would  knock out houses;  he suggested that was  absurd and                                                               
shouldn't  be  considered.    He  mentioned  that  it  should  be                                                               
considered, however,  whether crossing  a corner of  the wildlife                                                               
refuge creates an impact.  He also mentioned HB 131.                                                                            
                                                                                                                                
MR. JENS said  he didn't think the committee should  pass HB 474.                                                               
Rather,  it  should  be  left  to  the  vote  of  the  people  in                                                               
Anchorage, because  it's an Anchorage decision;  he surmised that                                                               
[a vote  would reveal] that  most of the  people want to  see the                                                               
trail  built.   Mr. Jens  said he  just wants  to see  some trail                                                               
built, and  doesn't care if  it's below  the bluff.   The fuchsia                                                               
route  is a  good compromise  and  should be  given some  serious                                                               
consideration, he  concluded, or else  all of the money  is going                                                               
to be spent and nothing will have been accomplished.                                                                            
                                                                                                                                
Number 2337                                                                                                                     
                                                                                                                                
LORVEL  SHIELDS   testified  via  teleconference.     A  longtime                                                               
resident of Alaska who has  a doctorate in biology with expertise                                                               
in ecology and animal behavior, Mr.  Shields said he has lived on                                                               
the bluff  over 13 years  and has  spent an enumerable  amount of                                                               
time  in the  refuge;  in  addition, he  is  bicyclist and  makes                                                               
extensive use of  the Anchorage trail system.  For  the last five                                                               
years,  he  has served  as  the  elected representative  for  the                                                               
Bayshore/Klatt  Community  Council  on  coastal  wildlife  refuge                                                               
issues; in  that capacity  he has attended  hundreds of  hours of                                                               
public  meetings concerning  the route  of the  proposed southern                                                               
extension of the Anchorage trail system.                                                                                        
                                                                                                                                
MR.  SHIELDS  told  members  he  had seen  a  cabal  composed  of                                                               
engineering firms.   Regarding the DOT&PF,  other representatives                                                               
of  the  state  executive  branch,   and  the  [Municipality]  of                                                               
Anchorage,  he  said  each  entity  had  its  own  agenda.    The                                                               
engineering companies wanted the  profits from the contracts; the                                                               
more difficult  the trail built,  the better, he suggested.   The                                                               
[Municipality]  of Anchorage  wanted the  trail in  spite of  the                                                               
fact it  can't afford  to maintain the  trails it  currently has.                                                               
The  end product  of  this grouping  was and  continues  to be  a                                                               
collective  effort to  get  the trail  built,  with virtually  no                                                               
regard  for  the  biological  worth   of  this  rare  salt  marsh                                                               
ecosystem or  the costs of the  project, he said.   The Anchorage                                                               
Coastal Wildlife Refuge  is a state refuge; it  doesn't belong to                                                               
engineering firms,  the [Municipality]  of Anchorage,  DOT&PF, or                                                               
the governor.   It belongs  to the  citizens of Alaska,  and what                                                               
happens  in any  state refuge  is important  to all  Alaskans, he                                                               
told members.                                                                                                                   
                                                                                                                                
MR. SHIELDS recalled  that a few years ago there  was a very late                                                               
spring; a flyover census by  the ADF&G showed approximately 1,500                                                               
snow geese,  10,000 Canada  geese, and too  many ducks  to count,                                                               
hunkered down in  the coastal refuge waiting  for ice-out farther                                                               
north.   These animals  were able to  feed and  otherwise sustain                                                               
themselves for at  least ten days in the refuge  because it is an                                                               
intact, thriving ecosystem.                                                                                                     
                                                                                                                                
MR.  SHIELDS urged  the committee  to  pass HB  474, which  would                                                               
provide  the legislature  with a  valuable  mechanism to  protect                                                               
this  precious  state  refuge  from   being  used  for  damaging,                                                               
trivial, and  sometimes self-aggrandizing  projects.   He pointed                                                               
out  that  if  the  costs  overrun  on  building,  the  estimated                                                               
building  cost of  $22  million  is by  the  same  factor as  the                                                               
planning stage  - $300[,000]  to $2.2 million  dollars.   That 11                                                               
miles of trail would end up costing $154 million dollars.                                                                       
                                                                                                                                
Number 2502                                                                                                                     
                                                                                                                                
JIM REEVES testified  via teleconference.  He  told the committee                                                               
there  is an  overwhelming  consensus in  Anchorage  in favor  of                                                               
finding some  route that  will connect  Kincaid Park  with Potter                                                               
Marsh  and beyond.   The  controversy involves  identifying which                                                               
route [to  use].  He  said this  controversy has many  facets and                                                               
provokes  a great  deal of  anxiety, bad  feelings, and  distrust                                                               
because it affects people where they live.                                                                                      
                                                                                                                                
MR. REEVES told  members he is one of the  people who eagerly and                                                               
enthusiastically  support  some  resolution of  this  controversy                                                               
that will result in  a trail.  He said he  has been very involved                                                               
in the  [trail route]  controversy.   He added  that he  had been                                                               
involved in  many other similar controversy's  about public lands                                                               
and  trails   and  recreational  developments  in   the  borough;                                                               
furthermore,  this [trail  route]  has  the same  characteristics                                                               
that all of those others do.   People on one side of the argument                                                               
feel  there  is  a  preconceived   plot,  cabal,  or  clandestine                                                               
conspiracy;  people  on  the  other  side  think  there  is  some                                                               
skullduggery afoot  because it's a  moving target and  there's no                                                               
clear  definition   of  what  the   proposal  is.     There's  no                                                               
conspiracy, he said, nor good  or bad people [involved].  Rather,                                                               
there is  a complicated,  important local  decision that  must be                                                               
made  in a  public process  that  involves many  people and  many                                                               
state, local, and federal agencies.                                                                                             
                                                                                                                                
MR. REEVES  spoke against the  idea of complicating  this already                                                               
complicated controversy  by adding  one more "theater  of battle"                                                               
or forum:  putting the legislature  in the position of having one                                                               
more decision  about this is  simply a bad  idea, he said;  it is                                                               
unnecessary.    Opponents  of this  route  through  the  wildlife                                                               
refuge argued against it based  on concerns about wildlife refuge                                                               
values and have  been very persuasive.  He said  ADF&G and others                                                               
are  trying  to  respond  to  their concerns  on  the  merits  by                                                               
identifying  other alternatives  that will  address the  wildlife                                                               
values  and  accommodate  them.     There's  no  reason  for  the                                                               
legislature to step in and  attempt to "trump" that process; it's                                                               
working just fine the way it is, he concluded.                                                                                  
                                                                                                                                
Number 2665                                                                                                                     
                                                                                                                                
MICHAEL DOWNING, Chief Engineer,  Design and Engineering Services                                                               
Division, Department of Transportation  & Public Facilities, told                                                               
the   committee  he   oversees  his   division,  which   develops                                                               
environmental  documents and  does  projects  for DOT&PF,  taking                                                               
them from the  end of planning to the  beginning of construction.                                                               
He said  [DOT&PF] opposes HB  474 for a  number of reasons.   For                                                               
one thing,  it's an awkward way  of influencing the outcome.   He                                                               
spoke about  prejudicing the  environmental document  and keeping                                                               
the objective.   He  remarked that  he couldn't  think of  a step                                                               
that would prejudice the outcome more than this bill would.                                                                     
                                                                                                                                
MR.  DOWNING said  that anytime  there is  concern about  how the                                                               
department develops  a project,  there is a  tendency to  want to                                                               
add steps to  the process.  An environmental  impact statement is                                                               
very difficult to  do; a whole series of projects  are in the EIS                                                               
phase  that  the department  has  had  difficulty in  completing;                                                               
adding steps  doesn't help.  He  said this is very  early in this                                                               
process,  with  much  public  testimony  to  go  through;  it  is                                                               
appropriate for  "us" to continue  the study to expand  the scope                                                               
of  work  to look  at  more  alternatives,  and for  [DOT&PF]  to                                                               
develop a cooperative alternative with ADF&G, he said.                                                                          
                                                                                                                                
Number 2803                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA  asked  Mr. Downing  whether  any  other                                                               
refuges have required legislative approval.                                                                                     
                                                                                                                                
MR. DOWNING answered no.                                                                                                        
                                                                                                                                
REPRESENTATIVE  KERTTULA   asked  Mr.  Downing   what  [obtaining                                                               
legislative approval] would do to the process.                                                                                  
                                                                                                                                
MR.  DOWNING  answered that  this  bill  deals with  right-of-way                                                               
acquisitions -  the creation of  the corridor or  the acquisition                                                               
of property.   The federal process doesn't  allow the acquisition                                                               
of  right-of-way   at  this  early   stage;  he   indicated  [the                                                               
department]  must have  an alternative  that it  has a  record of                                                               
decision  in support  of.    He said  the  reason  is because  it                                                               
prejudices the outcome to make  right-of-way decisions in advance                                                               
of the environmental document's completion.                                                                                     
                                                                                                                                
Number 2854                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA asked  Mr.  Downing  if requiring  prior                                                               
approval would  interfere with how  the federal  process requires                                                               
[DOT&PF] to act.                                                                                                                
                                                                                                                                
MR. DOWNING answered  that he isn't sure how the  FHA would react                                                               
to  this,  or  whether  it  would advise  [DOT&PF]  in  terms  of                                                               
continued eligibility  now that the alternatives  have been taken                                                               
off the  table.  He said  [DOT&PF] has represented to  the public                                                               
that these are viable alternatives  and has worked to develop the                                                               
alternatives with  public input,  but now would  have to  say no,                                                               
these won't be looked at further.                                                                                               
                                                                                                                                
REPRESENTATIVE GREEN  asked Mr. Downing  if he has had  any other                                                               
areas like  this:   saltwater marsh,  federal habitat,  or state-                                                               
created park.                                                                                                                   
                                                                                                                                
MR.  DOWNING  indicated DOT&PF  had  just  agreed with  ADF&G  on                                                               
provisions that  will allow construction  of the  interchange for                                                               
the Parks  Highway and Glenn  Highway intersection.   He remarked                                                               
that [DOT&PF]  had done considerable investment  relating to that                                                               
project,  including  investing  [a  large  amount]  of  money  in                                                               
habitat protection there.                                                                                                       
                                                                                                                                
REPRESENTATIVE GREEN asked  if he was referring  to the saltwater                                                               
marsh.                                                                                                                          
                                                                                                                                
MR. DOWNING deferred to the ADF&G representative.                                                                               
                                                                                                                                
MR. DENNERLEIN explained that it  is brackish water influenced by                                                               
fresh water and salt water; the  rearing occurs not in the stream                                                               
channel but  in the flooded  area around those creeks,  mostly in                                                               
fresh [water].   There are several other areas.   The Kenai River                                                               
would  be  another  one  "we'll" work  together  on,  and  Cooper                                                               
landing is a major habitat.                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN mentioned the possibility of alternatives.                                                                 
                                                                                                                                
TAPE 02-20, SIDE B                                                                                                              
Number 2990                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA  asked if coming back  to the legislature                                                               
[with such an issue] is normal procedure.                                                                                       
                                                                                                                                
MR. DOWNING responded that under  federal highways programs, it's                                                               
a "4(f)" determination,  and in this case this  is 4(f) property;                                                               
"we" can  only select  an alternative  in a  4(f) property  if no                                                               
feasible and prudent  alternative otherwise exists.   That is the                                                               
case in  refuges, state parks,  and federal  parks - any  kind of                                                               
recreational facility.                                                                                                          
                                                                                                                                
Number 2915                                                                                                                     
                                                                                                                                
BOB  BELL  testified via  teleconference,  noting  that he  is  a                                                               
registered  professional engineer  who  practiced engineering  in                                                               
Alaska for over 31 years, and  that he doesn't live on the bluff.                                                               
He reported that he'd served  on the Anchorage Municipal Assembly                                                               
from  1993  until  1999;  one  duty  was  serving  on  the  AMATS                                                               
[Anchorage  Metropolitan  Area Transportation  Study]  committee.                                                               
When [the  coastal trail]  project came  before the  committee at                                                               
that time, it showed a line running down the bluff.                                                                             
                                                                                                                                
MR. BELL  explained that at the  time, he'd asked if  a route had                                                               
already been  [chosen], and "they" said  no.  He'd asked  why the                                                               
line was running down the bluff  and pointed out that the area of                                                               
study  was  everything  between the  Seward  Highway  and  [Cook]                                                               
Inlet; "they" had  said the line would be taken  off, but when it                                                               
came before  the municipal  assembly, the  line was  still there.                                                               
Again, he'd  questioned why  the line was  still there  along the                                                               
bluff,  and was  told not  to worry  about it,  that it  would be                                                               
taken care of - which "they" never did.                                                                                         
                                                                                                                                
MR. BELL  said during a Bayshore/Klatt  Community Council meeting                                                               
there was  a debate on  the extension  of the coastal  trail; Mr.                                                               
Shields was  on one side  of the debate, arguing  against putting                                                               
the trail in the refuge.  In  favor of putting [the trail] in the                                                               
refuge was the  project manager for HDR [Alaska,  Inc.], which is                                                               
charged with doing  the study, he said.   Shortly thereafter, the                                                               
governor, on  two separate occasions,  stated that he  wanted the                                                               
trail in the refuge, Mr. Bell said.                                                                                             
                                                                                                                                
MR. BELL remarked,  "It's blatantly obvious that  this project is                                                               
badly, badly,  prejudiced."   When "we" asked  "them" to  look at                                                               
inland  routes, they  gave  it a  cursory review,  he  said.   He                                                               
referred  to  conspiracy and  distrust  and  said Mike  Jens  had                                                               
testified that he thinks the fuchsia  route is a good route; Chip                                                               
Dennerlein said  it would be available  to "us" in a  month.  Mr.                                                               
Bell asked:   Why would  Mike Jens know  what that route  is now,                                                               
when we don't?                                                                                                                  
                                                                                                                                
MR.  BELL said  he  thinks  it is  extremely  important that  the                                                               
legislature  oversee this  process, which  has a  bad history  of                                                               
prejudice towards  the bluff route, disregarding  the community's                                                               
wishes.   He indicated South  Anchorage residents don't  want the                                                               
route going down [the bluff], but want  the route up on top so it                                                               
can  connect  all of  the  other  facilities  in Anchorage.    He                                                               
mentioned that  he thought this  would be a very  serious problem                                                               
without legislative  oversight.   He pointed  out that  the north                                                               
extension of  the coastal trail  goes up  Ship Creek and  out the                                                               
Glenn Highway,  and is not coastal.   He said he  didn't know why                                                               
that  requirement  is  placed  on  "here."    He  said  he  could                                                               
[identify]  engineering problems  in the  process with  the trail                                                               
being down in the refuge.                                                                                                       
                                                                                                                                
Number 2752                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN mentioned  the point  at which  all of  the                                                               
various trails  come together.  He  indicated the plan is  to put                                                               
the trail somewhere  along the railroad track.  He  said the area                                                               
is  steep, and  there are  hillsides above  or marsh  below.   He                                                               
asked Mr.  Bell what his opinion  was of the ability  to [place a                                                               
coastal trail in  that area] without disrupting  the stability of                                                               
those slopes.                                                                                                                   
                                                                                                                                
MR. BELL answered that there  is already a considerable amount of                                                               
erosion  along  those  slopes.   He  said  [from  an  engineering                                                               
perspective] that  he didn't  think [it was  possible].   He said                                                               
[the route] would  either go down the railway  right-of-way or it                                                               
would cross  the highway and  go down  the Old Seward  Highway on                                                               
the east side of Potter Marsh.   He remarked that he didn't think                                                               
[the route] could get through there.                                                                                            
                                                                                                                                
Number 2679                                                                                                                     
                                                                                                                                
CHERYL  SHROYER  testified  via teleconference,  noting  that  in                                                               
January her term as president  of the Oceanview Community Council                                                               
finished,  and that  she was  speaking  as an  individual, not  a                                                               
member of the  executive board.  Ms. Shroyer  urged the committee                                                               
to pass HB  474.  She offered her belief  that having legislative                                                               
approval of  a process  that has run  amok is a  good idea.   She                                                               
said  "we"  are   disappointed,  disheartened,  and  discouraged.                                                               
Mentioning that in  1998 the [council] had decided  to maintain a                                                               
neutral approach to  the trail and was assured  the process would                                                               
work,  she commented,  "Boy, was  that wrong.   We  have suffered                                                               
through the  spaghetti map  public workshop;  we all  drew little                                                               
lines on these maps."  She said  the result of the workshop was a                                                               
short  list  of  alternatives  that was  very  disappointing;  it                                                               
wasn't alternatives [suggested in the workshop].                                                                                
                                                                                                                                
MS. SHROYER  mentioned the  viable-alternatives report  and noted                                                               
that  during one  particular  meeting, eight  out  of ten  people                                                               
spoke against  the trail and the  way [the process] had  gone; in                                                               
addition,  there  was  a petition  with  hundreds  of  signatures                                                               
against the trail.  However, the  report said the public was very                                                               
responsive  and positive,  which the  council could  not believe.                                                               
That was very frustrating, she said.                                                                                            
                                                                                                                                
MS. SHROYER  referred to the  preliminary engineering  report and                                                               
the environmental impact report.   She said at each [meeting] all                                                               
the community  council people showed  up and testified,  but that                                                               
testimony seems  to have disappeared.   Furthermore, the governor                                                               
had a picture  taken standing in the marsh and  said he wants the                                                               
trail  to through  the wildlife  refuge, she  told members.   She                                                               
mentioned that during one community  council meeting, someone had                                                               
asked what the point was of  all the meetings and everything that                                                               
[the council]  had testified to,  when the governor  stands there                                                               
and says  he wants [the route]  through the marsh.   She said she                                                               
didn't know what  to say.  Ms. Shroyer concluded  by pointing out                                                               
that this process has had an  interesting impact on the people in                                                               
Oceanview:   because they are  so disappointed,  discouraged, and                                                               
disheartened,  they  are now  angry,  and  it has  steeled  their                                                               
resolve to come to the meetings.                                                                                                
                                                                                                                                
Number 2474                                                                                                                     
                                                                                                                                
JANEL  FEIERABEND,  Director, Friends  of  Potter  Marsh and  the                                                               
Anchorage Coastal Wildlife  Refuge, testified via teleconference,                                                               
noting that  the organization's  mission is  to help  protect the                                                               
integrity of  the marsh  through education.   She  mentioned that                                                               
the organization had  just hosted an [event] for  which the topic                                                               
was sandhill  cranes as  "refuge royalty."   The  lesser sandhill                                                               
crane eats, sleeps, and nests  like royalty in our coastal refuge                                                               
because the  habitat there so perfectly  supports its well-being,                                                               
she  said.   The 32,000  acres  that comprise  the refuge,  which                                                               
extends from Potter  Creek to Point Woronzof,  were designated as                                                               
a state  refuge in 1988  by the state legislature  in recognition                                                               
of the  value of the habitat  and the need to  protect waterfowl,                                                               
shorebirds, salmon, many mammals, and  other animals that use the                                                               
unique area.   The state was very wise to  think about the future                                                               
and to  establish the refuge,  knowing that "wild  and wonderful"                                                               
will always have value, she told members.                                                                                       
                                                                                                                                
MS. FEIERABEND  brought attention  to a  list of  observed refuge                                                               
life,  which  can be  found  in  the Anchorage  Coastal  Wildlife                                                               
Refuge Management  Plan printed in  1991 by ADF&G.   She remarked                                                               
that the list  had grown since then.  Talk  of development of any                                                               
kind  in  the  refuge  should  raise flags  of  grave  and  major                                                               
concern, due to the fact that  the area has been established as a                                                               
state  refuge -  home to  many migrating  birds and  mammals, she                                                               
cautioned.   It  is  managed  by the  state;  any possibility  of                                                               
encroachment  by development  into the  refuge should  be studied                                                               
and analyzed by state decision  makers, she suggested.  Study and                                                               
analysis of  information provided  by state biologists  and other                                                               
experts should be made by the  same decision makers that are part                                                               
of the checks-and-balances system.                                                                                              
                                                                                                                                
MS. FEIERABEND  also suggested the  state decision  makers should                                                               
read  reports such  as  the "Wildlife  Field  Study 2001";  books                                                               
regarding the human and canine  impact to wildlife should also be                                                               
[reviewed].  Our state refuge is  a unique and special place that                                                               
hosts a  wealth of  plant communities,  invertebrate communities,                                                               
and wild animals, she said.  Birds  fly from as far away as South                                                               
Africa  to use  it; the  lesser yellow-legged  chick, only  hours                                                               
old, walks  for miles to  settle into it.   Mammals of  all sizes                                                               
use it,  and [the refuge]  is one  of the last  protected coastal                                                               
areas  abutting  the city.    These  birds  and mammals  know  no                                                               
boundaries, she pointed out.                                                                                                    
                                                                                                                                
MS.  FEIERABEND said  wise statesmen  who think  beyond municipal                                                               
orders  and concerns  should be  part of  the checks-and-balances                                                               
system when it comes to  state- and even broader-funded projects.                                                               
It is up to the legislature to  weigh in on the protection of the                                                               
very  area  it  deemed  worthy   to  reserve  as  a  refuge,  she                                                               
concluded, reiterating that HB 474  helps to protect the treasure                                                               
that belongs to all of Alaska.                                                                                                  
                                                                                                                                
Number 2207                                                                                                                     
                                                                                                                                
REPRESENTATIVE KERTTULA asked  why there is an  exception for the                                                               
railroad and the  road, and why those wouldn't have  to come back                                                               
to the legislature,  too.  They are more intrusive  than a trail,                                                               
she noted.                                                                                                                      
                                                                                                                                
REPRESENTATIVE GREEN  answered that the [railroad  and road] were                                                               
there before the park was established.                                                                                          
                                                                                                                                
REPRESENTATIVE KERTTULA asked if  [the legislature] had any legal                                                               
right to take any action on that.                                                                                               
                                                                                                                                
REPRESENTATIVE GREEN  pointed out that  there is also  a reserved                                                               
corridor out to Fire Island that predates the [refuge].                                                                         
                                                                                                                                
REPRESENTATIVE  KERTTULA  asked  Mr.  Downing  why  it  would  be                                                               
necessary  to exempt  roads or  railroads  from [HB  474] if  the                                                               
desire is to protect the refuge.                                                                                                
                                                                                                                                
MR. DOWNING  agreed that it  is inconsistent to  require approval                                                               
for a trail but not a highway.  He said he couldn't explain it.                                                                 
                                                                                                                                
Number 2120                                                                                                                     
                                                                                                                                
REPRESENTATIVE  McGUIRE moved  to report  [CSHB 474(CRA)]  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal  note.  There  being no objection, CSHB  474(CRA) was                                                               
moved out of the House Resources Standing Committee.                                                                            
                                                                                                                                
HJR 46-BC MORATORIUM ON FISH FARMING                                                                                          
                                                                                                                                
CO-CHAIR  SCALZI  announced the  next  order  of business,  HOUSE                                                               
JOINT  RESOLUTION NO.  46,  Relating to  the  moratorium on  fish                                                               
farming in British Colombia.                                                                                                    
                                                                                                                                
[There  was  a motion  to  adopt  CSHJR  46(FSH) as  the  working                                                               
document, but it was already before the committee.]                                                                             
                                                                                                                                
Number 2068                                                                                                                     
                                                                                                                                
JEAN ELLIS,  Staff to Representative  Peggy Wilson,  Alaska State                                                               
Legislature,  presented HJR  46 on  behalf of  the House  Special                                                               
Committee  on Fisheries,  which  Representative Wilson  co-chairs                                                               
and which sponsored  the resolution.  Ms.  Ellis informed members                                                               
that  on January  31, 2002,  the Government  of British  Columbia                                                               
announced that  the provincial moratorium  on fish  farming would                                                               
be lifted.  This decision  could substantially affect the Alaskan                                                               
economy and environment, both directly  and indirectly, she said.                                                               
This  resolution strongly  encourages the  Government of  British                                                               
Columbia to reinstate the moratorium.                                                                                           
                                                                                                                                
MS. ELLIS  reported that  in 2001,  there were  29,000 accidental                                                               
releases  of farmed  salmon from  British Columbia  salmon farms.                                                               
Escaped  farmed  Atlantic  salmon,  which  have  been  caught  in                                                               
Alaska's commercial  fisheries, pose a threat  to Alaska's marine                                                               
environment and the ecology of  Pacific salmon.  Escaped Atlantic                                                               
salmon from  British Columbia are  now spawning  in approximately                                                               
80 streams on the West Coast,  Ms. Ellis said.  They compete with                                                               
Alaskan salmon for  food, and there is a  continuing concern with                                                               
possible  disease  transfers.   Seafood  is  Alaska's  number-one                                                               
international  export, and  the  commercial  fishing industry  is                                                               
Alaska's  [primary]  private-sector  employer.    Therefore,  the                                                               
House  Special Committee  on  Fisheries  strongly encourages  the                                                               
Alaska State Legislature to support  reinstatement of the British                                                               
Columbia moratorium on fish farming.                                                                                            
                                                                                                                                
MS.  ELLIS acknowledged  that there  are some  concerns with  the                                                               
bill.  She  said there is not proof that  the salmon are actually                                                               
spawning in  the 80 [streams];  however, the salmon  are spawning                                                               
in [at least] a few streams.                                                                                                    
                                                                                                                                
Number 1896                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KERTTULA  moved  to  adopt [Amendment  1].    She                                                               
requested that  Ms. Ellis  explain the  content, noting  that the                                                               
changes are technical  ones that Ms. Ellis has  worked on through                                                               
checking facts and talking to fishermen.   She agreed that the 80                                                               
streams cannot be verified, for example.                                                                                        
                                                                                                                                
MS. ELLIS brought attention to  the first portion of Amendment 1,                                                               
which read [original punctuation provided]:                                                                                     
                                                                                                                                
     Page 1 line 16                                                                                                             
         Delete "farmed Atlantic salmon are the largest                                                                         
     bycatch by British Columbia fishermen and"                                                                                 
                                                                                                                                
     Page 2 line 2                                                                                                              
          Following "fisheries"                                                                                                 
          Insert "as far west as the Bering Sea"                                                                                
                                                                                                                                
MS.  ELLIS explained  that although  the [existing  statement] is                                                               
probably  true for  salmon  fishermen, for  clarity  it would  be                                                               
better  to remove  that sentence.    Therefore, [the  resolution]                                                               
would read as follows:                                                                                                          
                                                                                                                                
       "WHEREAS escaped farmed Atlantic salmon have been                                                                      
      caught in Alaska commercial fisheries as far west as                                                                      
     the Bering Sea; and"                                                                                                       
                                                                                                                                
MS. ELLIS  turned to the second  part of Amendment 1,  which read                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Page 2, line 8                                                                                                             
          Delete "spawning"                                                                                                     
          Insert "found"                                                                                                        
                                                                                                                                
     Page 2, line 8                                                                                                             
          Following "streams"                                                                                                   
        Insert "and most of these salmon are mature and                                                                         
     capable of spawning"                                                                                                       
                                                                                                                                
MS. ELLIS  explained that the wording  would then be:   "found in                                                               
approximately 80 streams".   In response to  Co-Chair Scalzi, she                                                               
pointed  out  that  the Alaska  Trollers  Association  had  found                                                               
[these changes].                                                                                                                
                                                                                                                                
[Following  a loose  discussion  of placement  of  the words  and                                                               
punctuation,  Representative  Kerttula,  whose name  was  on  the                                                               
amendment, suggested the written wording was fine.]                                                                             
                                                                                                                                
Number 1625                                                                                                                     
                                                                                                                                
CO-CHAIR SCALZI asked if there  was any objection to Amendment 1.                                                               
There being no objection, Amendment 1 was adopted.                                                                              
                                                                                                                                
CO-CHAIR  SCALZI asked  whether  anyone else  wished to  testify;                                                               
there was no response.                                                                                                          
                                                                                                                                
REPRESENTATIVE  STEVENS asked  if  these salmon  have been  found                                                               
farther out the Aleutian chain.   He asked whether that is as far                                                               
west as Adak.                                                                                                                   
                                                                                                                                
Number 1559                                                                                                                     
                                                                                                                                
GERON BRUCE,  Deputy Director, Division of  Commercial Fisheries,                                                               
Alaska Department  of Fish &  Game (ADF&G), answered  by relating                                                               
his  belief that  the resolution  refers to  the fact  that in  a                                                               
trawl survey in the Bering  Sea, an Atlantic salmon was captured.                                                               
Therefore, the assumption is that  Atlantic salmon are present in                                                               
the Bering  Sea in  some numbers  and would  be caught  in salmon                                                               
fisheries there;  those fisheries  include the  coastal fisheries                                                               
in Bristol  Bay in the  [Yukon-Kuskokwim] region along  the north                                                               
side of the  peninsula.  However, there are  no actual documented                                                               
recoveries of Atlantic salmon in those commercial fisheries.                                                                    
                                                                                                                                
REPRESENTATIVE GREEN asked how the  diseases of a Atlantic salmon                                                               
would enter into the wild stock of Pacific salmon.                                                                              
                                                                                                                                
MR.  BRUCE  answered  that  it would  vary,  depending  upon  the                                                               
particular  disease.   He  explained  that  certain diseases  are                                                               
transmitted through  spawning activities.  Therefore,  if the two                                                               
[types of salmon] are spawning in  the same area, a disease could                                                               
be transmitted.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  GREEN  related   his  understanding  that  salmon                                                               
return to the stream in which  they were hatched.  These Atlantic                                                               
salmon  were hatched  elsewhere.   He  asked  how these  Atlantic                                                               
salmon knew where to go.                                                                                                        
                                                                                                                                
MR.  BRUCE explained  that a  certain amount  of straying  occurs                                                               
naturally  in  a  salmon  population.    It  is  an  evolutionary                                                               
technique that enables them to  colonize new areas and to survive                                                               
if they can't return to the stream in which they were hatched.                                                                  
                                                                                                                                
CO-CHAIR  SCALZI added  his  belief that  salmon  also swim  with                                                               
different schools.                                                                                                              
                                                                                                                                
Number 1355                                                                                                                     
                                                                                                                                
CO-CHAIR MASEK moved to report  CSHJR 46(FSH), as amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal note.   There being no objection, CSHJR  46(RES) was moved                                                               
out of the House Resources Standing Committee.                                                                                  
                                                                                                                                
HB 508-DIVE FISHERY ASSOCIATIONS/PSP REPORTS                                                                                  
                                                                                                                                
CO-CHAIR  SCALZI announced  the  final order  of business,  HOUSE                                                               
BILL  NO. 508,  "An Act  relating  to publication  of results  of                                                               
testing for  paralytic shellfish  poisoning by the  Department of                                                               
Environmental   Conservation   and   to  participation   of   the                                                               
Department of  Environmental Conservation  in the  development of                                                               
operating    plans   of    qualified   regional    dive   fishery                                                               
associations."                                                                                                                  
                                                                                                                                
Number 1300                                                                                                                     
                                                                                                                                
CO-CHAIR  SCALZI,  speaking  on  behalf of  the  House  Resources                                                               
Standing Committee,  sponsor of HB 508,  explained that paralytic                                                               
shellfish poisoning  (PSP) is a serious  biological disorder that                                                               
occurs naturally  in shellfish; therefore,  it is in  the state's                                                               
best interest to  ensure that it is monitored to  the best of the                                                               
state's   ability  through   the   Department  of   Environmental                                                               
Conservation (DEC).   The reporting of this disorder,  as well as                                                               
the  testing,  is  an  advantage to  the  dive-fish  industry  in                                                               
particular, so that  information can be posted online  as soon as                                                               
possible.  In  addition, the department will  benefit by shifting                                                               
the [responsibility] of making the  announcement to the industry,                                                               
rather  than having  to  send out  individual  facsimiles as  the                                                               
[test results]  become available.   It creates an  efficiency and                                                               
is also  available for the  general public to know  which beaches                                                               
or areas may have concentrations of PSP.                                                                                        
                                                                                                                                
Number 1186                                                                                                                     
                                                                                                                                
CO-CHAIR  SCALZI addressed  the second  part of  the bill,  which                                                               
speaks to DEC's involvement, along  with the Alaska Department of                                                               
Fish and  Game (ADF&G),  in the  development of  the associations                                                               
for the dive [fisheries].   He explained that DEC is [supportive]                                                               
because  it  will  be  more  involved  and  will  have  "upfront"                                                               
information and input  regarding the dive fishery.   He clarified                                                               
that  [HB  508] was  requested  by  the [shellfish]  industry  in                                                               
concurrence with DEC.                                                                                                           
                                                                                                                                
Number 1127                                                                                                                     
                                                                                                                                
JULIE DECKER, Executive Director,  Southeast Alaska Regional Dive                                                               
Fisheries  Association  (SARDFA), testified  via  teleconference.                                                               
She  told  the  committee  SARDFA   supports  HB  508;  she  also                                                               
mentioned  that a  letter of  support had  been submitted  to the                                                               
committee.   She  offered some  background on  how DEC  currently                                                               
distributes PSP  results.  In  the past, lab personnel  faxed the                                                               
shipper who'd  paid for the  test as  soon as possible  after the                                                               
results were  known.   This year,  upon the  request of  SARDFA -                                                               
which paid  for the first  19 tests in  the geoduck season  - the                                                               
lab faxed  all registered geoduck  shippers, DEC  regulators, and                                                               
the SARDFA office  when the results were known;  then SARDFA sent                                                               
e-mails to its members and posted the results on its web site.                                                                  
                                                                                                                                
MS.  DECKER  explained  that  ADF&G currently  has  a  system  of                                                               
posting its  news releases through  software that  allows sending                                                               
an e-mail contained in the  news release to its distribution list                                                               
of people  and posting  the news  release on its  web site  - all                                                               
with a  "single click of a  button."  She highlighted  reasons to                                                               
post the PSP results  on the web site.  First,  it creates a more                                                               
efficient  process for  the DEC  lab to  distribute the  results.                                                               
Second, it eliminates problems associated  [the question of] "who                                                               
is allowed or  when they are allowed to see  PSP results"; if DEC                                                               
is  removed from  having  to deal  with that  issue  at all,  the                                                               
results will automatically get posted,  enabling public access to                                                               
that  information.   Third, it  fits  a "vision"  of a  developed                                                               
shellfish industry in Alaska, which  is performing PSP testing on                                                               
a regular basis  in certain areas of the state.   For example, in                                                               
Washington [State], where  many PSP tests are  performed daily in                                                               
an area,  regulators are  able to use  this information  to track                                                               
PSP blooms, she noted.                                                                                                          
                                                                                                                                
MS.  DECKER  explained  that  this  web  site  would  allow  both                                                               
regulators and the public to track  PSP blooms in an area in real                                                               
time.  In  addition, the web site  would be used by  the DEC lab,                                                               
DEC  regulators, shellfish  shippers,  SARDFA, ADF&G  biologists,                                                               
aquatic  farmers, potential  [aquatic]  farmers  looking for  new                                                               
farm  sites,  subsistence  users,   and  PSP  researchers.    She                                                               
remarked that  she hopes DEC  includes all historical PSP  on the                                                               
web site to make it an all-inclusive site.                                                                                      
                                                                                                                                
MS. DECKER  mentioned that she'd  e-mailed Rodger Painter  of the                                                               
Alaskan Shellfish Growers Association  (ASGA), and he didn't have                                                               
any  problems  with  HB 508;  however,  he'd  mentioned  possibly                                                               
adding  the  Jellet  Biotek [Limited  (JBL)]  data  of  community                                                               
monitoring programs  currently being established by  Ray RaLonde.                                                               
She  also  mentioned a  conversation  with  Lee Gerber,  NorQuest                                                               
Seafoods, Inc., plant  manager in Ketchikan; she  said Mr. Gerber                                                               
recognized    the    possibility    of    hysteria    surrounding                                                               
misinformation in  the food industry  but had  offered NorQuest's                                                               
support for HB 508.                                                                                                             
                                                                                                                                
MS. DECKER  referred to the  annual operating section.   She said                                                               
DEC currently works  in coordination and planning  with ADF&G and                                                               
SARDFA; however,  it's been difficult to  bring everyone together                                                               
at the  appropriate time for  preplanning of the fisheries.   She                                                               
said  she thought  bringing DEC  into the  annual operating  plan                                                               
process with  ADF&G and SARDFA  would help all three  groups plan                                                               
with an  appropriate timeline.   In  conclusion, Ms.  Decker said                                                               
she believes HB  508 is part of SARDFA's larger  goal of creating                                                               
a  more  efficient  industry  that maximizes  the  value  of  its                                                               
resources.                                                                                                                      
                                                                                                                                
Number 0819                                                                                                                     
                                                                                                                                
CO-CHAIR  SCALZI agreed  that  [HB 508]  is a  small  piece of  a                                                               
larger plan.  He mentioned HB  208 [relating to aquatic farms for                                                               
shellfish].                                                                                                                     
                                                                                                                                
Number 0772                                                                                                                     
                                                                                                                                
CHERYL   SUTTON,  Southeast   Alaska   Regional  Dive   Fisheries                                                               
Association (SARDFA),  testified before the committee.   She told                                                               
members  that  in  1997  legislation   was  passed  that  allowed                                                               
creation of the Regional Dive  Fishery Association.  She said she                                                               
was  the  person  who  drafted  that bill,  but  hadn't  had  the                                                               
foresight  to include  DEC.   She said  she'd put  ADF&G in  [the                                                               
bill] because  it is  a partner  in management,  but DEC  is very                                                               
involved  because  the  fisheries cannot  occur  without  [DEC's]                                                               
approval on  PSP testing for all  of the shellfish species.   She                                                               
highlighted the  desire to  have [DEC]  in the  planning process;                                                               
get the problems  out of the way upfront; and  have a better view                                                               
of how the fishery is going to  occur, how much testing has to be                                                               
done, how much it will cost  the industry to pay for the testing,                                                               
and so forth.                                                                                                                   
                                                                                                                                
MS.  SUTTON mentioned  that Janice  Adair [Director,  Division of                                                               
Environmental Health,  DEC] had indicated  in a letter  that some                                                               
people in the industry might not  like to have PSP results posted                                                               
[on a  web site].   Ms. Sutton  told members that  in all  of her                                                               
experience, however,  she cannot think  of a downside  to posting                                                               
PSP results on  a web site.  She indicated  Japanese buyers don't                                                               
care  about  the  level  of micrograms,  and  that  she  couldn't                                                               
foresee [posting  of PSP  results] as a  tactic to  scare buyers;                                                               
rather, it would  be a public-information source  so people could                                                               
plan  more effectively.   She  specified  that although  [scaring                                                               
buyers] was  a concern for  DEC, she didn't  see any need  not to                                                               
post all PSP results for all of  the species.  She said HB 508 is                                                               
a great bill and encouraged the committee to pass it.                                                                           
                                                                                                                                
Number 0588                                                                                                                     
                                                                                                                                
CO-CHAIR  SCALZI  mentioned an  amendment  drafted  on behalf  of                                                               
SARDFA, which addressed Ms. Adair's  letter.  He asked Ms. Sutton                                                               
if she was in support of the amendment.                                                                                         
                                                                                                                                
MS. SUTTON reiterated that she could  not think of any reason why                                                               
posting results on an Internet site  would harm anyone.  She said                                                               
she thought it would be good [to do] for all PSP [results].                                                                     
                                                                                                                                
CO-CHAIR  SCALZI   said  the  committee   would  not   move  that                                                               
amendment.                                                                                                                      
                                                                                                                                
Number 0489                                                                                                                     
                                                                                                                                
CO-CHAIR MASEK  referred to a  letter submitted by  Julie Decker,                                                               
which says  it is necessary to  establish a state web  site where                                                               
all PSP  results will be  posted.   She asked if  DEC [currently]                                                               
has the role of deciding who will receive the PSP results.                                                                      
                                                                                                                                
CO-CHAIR SCALZI  explained that when  DEC does [PSP]  testing, it                                                               
only  notifies the  person for  whom those  tests are  performed.                                                               
Posting  that information  on a  web site  would allow  everybody                                                               
[equal  access  to  the  results].    [PSP  results]  are  public                                                               
information;  it   is  beneficial   if  everybody   knows  [those                                                               
results].                                                                                                                       
                                                                                                                                
Number 0321                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN moved  to report  HB 508  out of  committee                                                               
with individual recommendations and  the accompanying zero fiscal                                                               
note.   There being  no objection,  HB 508 was  moved out  of the                                                               
House Resources Standing Committee.                                                                                             
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
Number 0228                                                                                                                     
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Resources Standing Committee meeting was adjourned at 4:20 p.m.                                                                 

Document Name Date/Time Subjects