Legislature(2007 - 2008)BARNES 124

02/29/2008 01:00 PM House RESOURCES


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01:07:17 PM Start
01:07:28 PM Eo114
01:24:40 PM HB370
02:27:53 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 367 SALE OF RAW MILK PRODUCTS TELECONFERENCED
<Bill Hearing Postponed to Mon 03/03/08>
*+ HB 352 BOARD OF GAME TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 370 PROTECTION OF FORESTED LAND TELECONFERENCED
Moved CSHB 370(RES) Out of Committee
-- Testimony <Invitation Only> --
+= Executive Order No. 114: TELECONFERENCED
Moved Out of Committee
TRANSFER HABITAT DIV FROM DNR TO DFG
-- Testimony <Invitation Only> --
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                       February 29, 2008                                                                                        
                           1:07 p.m.                                                                                            
                                                                                                                              
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Carl Gatto, Co-Chair                                                                                             
Representative Craig Johnson, Co-Chair                                                                                          
Representative Anna Fairclough                                                                                                  
Representative Paul Seaton                                                                                                      
Representative Peggy Wilson                                                                                                     
Representative Bryce Edgmon                                                                                                     
Representative David Guttenberg                                                                                                 
Representative Scott Kawasaki                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Bob Roses                                                                                                        
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
EXECUTIVE ORDER 114                                                                                                             
Transfer Habitat Division from Department of Natural Resources                                                                  
to Department of Fish & Game                                                                                                    
                                                                                                                                
     - MOVED EO 114 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 370                                                                                                              
"An Act relating to forested  land management and protection from                                                               
wildland  fire and  other destructive  agents; changing  the term                                                               
'forest fire' to  'wildland fire' where it appears  in the Alaska                                                               
Statutes; and providing for an effective date."                                                                                 
                                                                                                                                
     - MOVED CSHB 370(RES) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 352                                                                                                              
"An Act relating to the appointment of members of the Board of                                                                  
Game; and providing for an effective date."                                                                                     
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
HOUSE BILL NO. 367                                                                                                              
"An Act relating to the sale of raw milk and raw milk products."                                                                
                                                                                                                                
     - BILL HEARING POSTPONED TO 3/3/08                                                                                         
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 370                                                                                                                  
SHORT TITLE: PROTECTION OF FORESTED LAND                                                                                        
SPONSOR(s): REPRESENTATIVE(s) KELLY                                                                                             
                                                                                                                                
02/19/08       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/19/08       (H)       RES                                                                                                    
02/27/08       (H)       RES AT 1:00 PM BARNES 124                                                                              
02/27/08       (H)       Heard & Held                                                                                           
02/27/08       (H)       MINUTE(RES)                                                                                            
02/29/08       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
KERRY HOWARD, Executive Director                                                                                                
Office of Habitat Management & Permitting                                                                                       
Department of Natural Resources                                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions regarding Executive                                                                   
Order 114.                                                                                                                      
                                                                                                                                
MR. KEVIN SAXBY, Senior Assistant Attorney General                                                                              
Natural Resources Section                                                                                                       
Civil Division (Anchorage)                                                                                                      
Department of Law                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions regarding Executive                                                                   
Order 114.                                                                                                                      
                                                                                                                                
DEREK MILLER, Staff                                                                                                             
to Representative Mike Kelly                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented an amendment to HB 370 on behalf                                                               
of the sponsor, Representative Kelly.                                                                                           
                                                                                                                                
MR. KEVIN SAXBY, Senior Assistant Attorney General                                                                              
Natural Resources Section                                                                                                       
Civil Division (Anchorage)                                                                                                      
Department of Law                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions regarding HB 370.                                                                     
                                                                                                                                
JOHN "CHRIS" MAISCH, Director, State Forester                                                                                   
Division of Forestry                                                                                                            
Department of Natural Resources                                                                                                 
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Provided information regarding HB 370.                                                                   
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CO-CHAIR  CRAIG  JOHNSON  called  the  House  Resources  Standing                                                             
Committee  meeting  to  order at  1:07:17  PM.    Representatives                                                             
Seaton, Guttenberg, Kawasaki, Gatto,  and Johnson were present at                                                               
the  call  to order.    Representatives  Fairclough, Wilson,  and                                                               
Edgmon arrived as the meeting was in progress.                                                                                  
                                                                                                                                
^EO114                                                                                                                          
EO 114-TRANSFER HABITAT DIV FROM DNR TO DFG                                                                                   
                                                                                                                              
1:07:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON announced  that the first order  of business was                                                               
Executive Order  114 which would  transfer the Office  of Habitat                                                               
Management & Permitting from the  Department of Natural Resources                                                               
to the  Alaska Department of Fish  & Game.  He  explained that an                                                               
executive order is  like a confirmation hearing.   The only thing                                                               
the committee  can do is reject  it, at which time  the committee                                                               
would  ask Legislative  Legal and  Research Services  to draft  a                                                               
concurrent resolution that would go before the full body.                                                                       
                                                                                                                                
1:09:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI  understood that Executive Order  114 (EO                                                               
114) transfers  the [Office of  Habitat Management  & Permitting]                                                               
from  the  Department of  Natural  Resources  (DNR) back  to  the                                                               
Alaska Department  of Fish & Game  (ADF&G).  Were any  changes or                                                               
modifications made along the way, he asked.                                                                                     
                                                                                                                                
KERRY HOWARD, Executive Director,  Office of Habitat Management &                                                               
Permitting,  Department  of  Natural  Resources,  explained  that                                                               
executive orders are only able  to change assignment of statutes,                                                               
not the substance  of statutes.  So, no, there  are no changes in                                                               
the statutory authority.  There were  a few amendments in who was                                                               
assigned what  when it came  to DNR  and those are  being changed                                                               
and replaced when it goes back to ADF&G.                                                                                        
                                                                                                                                
1:10:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI surmised  that  EO  114 would  basically                                                               
just undo everything that was  done when the habitat division was                                                               
originally moved from ADF&G to DNR.                                                                                             
                                                                                                                                
MS. HOWARD responded correct.                                                                                                   
                                                                                                                                
1:10:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GUTTENBERG inquired  as to  what exactly  is [the                                                               
committee's]  role   and  responsibility   in  dealing   with  an                                                               
executive order.                                                                                                                
                                                                                                                                
MR.  KEVIN  SAXBY,  Senior Assistant  Attorney  General,  Natural                                                               
Resources  Section,  Civil  Division (Anchorage),  Department  of                                                               
Law, said Co-Chair  Johnson stated the procedure  correctly - the                                                               
legislature has the ability to reject an executive order.                                                                       
                                                                                                                                
1:11:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH directed  attention to Governor Palin's                                                               
2/12/08 letter to  Speaker Harris, page 2,  last paragraph, which                                                               
states:    "Section  39  of  the Order  adds  a  section  to  the                                                               
uncodified laws of the State  of Alaska to protect the retirement                                                               
status of  certain former Department  of Fish and  Game employees                                                               
who were transferred by Executive  Order 107 to the Department of                                                               
Natural Resources,  and who  may now be  transferred back  to the                                                               
Alaska  Department of  Fish and  Game."   Is the  state incurring                                                               
additional  costs to  its retirement  system by  making the  move                                                               
back, she asked.                                                                                                                
                                                                                                                                
MR. SAXBY noted that  he drafted EO 114 as well  as EO 107, which                                                               
was  the original  transfer under  the Murkowski  Administration.                                                               
The language being  discussed was present in EO 107  in the first                                                               
place, so,  in essence, this  is the standard provision  for this                                                               
particular  topic.    When  Governor  Murkowski  transferred  the                                                               
division to DNR, there were a  number of ADF&G personnel who were                                                               
peace officers and  had rights under a  certain retirement system                                                               
and  they  would  have  lost those  rights  had  this  uncodified                                                               
section  of  the  laws  not  been  included.    In  EO  107  this                                                               
maintained the legal  status quo.  In EO 114  this language again                                                               
assures that the status quo is  maintained.  There is no increase                                                               
in costs, it  is just keeping the few remaining  people, who have                                                               
now gone  through this  twice, in  the same  status they  were in                                                               
before it ever happened the first time.                                                                                         
                                                                                                                                
1:14:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  inquired why  the provision  is needed                                                               
as a  new section if  it is returning things  to the way  the old                                                               
statute was originally.                                                                                                         
                                                                                                                                
MR. SAXBY pointed  out that this is uncodified law,  so it is not                                                               
in the statutes anywhere.  The  reason it was done the first time                                                               
is  because people  would  have lost  retirement  status had  the                                                               
state not maintained  that.  The legislature  had the opportunity                                                               
to  reject that  particular change  but  did not.   Now,  because                                                               
these  employees are  again  shifting  between departments,  they                                                               
again might  lose some kind  of retirement status.   This ensures                                                               
that will not take place.                                                                                                       
                                                                                                                                
1:15:30 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON stated there is no public testimony for EO 114.                                                                
                                                                                                                                
1:15:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  requested an  explanation of  the language                                                               
on page  1, lines 7-[11],  of the EO  which states:   "To restore                                                               
the  statutory balance  between  stream  preservation and  forest                                                               
stewardship, the  role currently  assigned to the  state forester                                                               
in the division of forestry,  Department of Natural Resources, is                                                               
transferred back  to the commissioner of  natural resources under                                                               
AS 41.17 (Forest Resources and Practices Act)."                                                                                 
                                                                                                                                
MR. SAXBY explained that when  the Forest Resources and Practices                                                               
Act was  originally adopted  it had  a statutory  balance between                                                               
the commissioner of ADF&G who  had certain assigned functions and                                                               
the commissioner of  DNR who had other assigned  functions.  When                                                               
the habitat  division was  transferred to DNR  under EO  107, the                                                               
statutory  balance between  those  two  co-equal officials  would                                                               
have been altered had a new  position not been created, which was                                                               
the  deputy  commissioner  at  DNR,  just  for  the  purposes  of                                                               
absorbing  the former  duties that  the  ADF&G commissioner  had.                                                               
For   the  purposes   of  administration   of  habitat   division                                                               
functions, that deputy commissioner  was essentially equal to the                                                               
DNR commissioner.   Because that position is  no longer necessary                                                               
with the restoration  of these functions to the  authority of the                                                               
ADF&G  commissioner,   the  normal  DNR  authorities   are  being                                                               
transferred back to the DNR commissioner.                                                                                       
                                                                                                                                
1:18:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON understood  that  when  the transfer  took                                                               
place originally, an extra person was needed.                                                                                   
                                                                                                                                
MR. SAXBY responded, "Exactly."                                                                                                 
                                                                                                                                
REPRESENTATIVE WILSON asked why not get rid of the extra person.                                                                
                                                                                                                                
MR. SAXBY replied, "We are, but  the statutory language has to be                                                               
changed to reflect that that is what we are doing."                                                                             
                                                                                                                                
1:18:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON inquired whether the  EO would just stay in                                                               
committee if no action was taken to forward it on.                                                                              
                                                                                                                                
CO-CHAIR JOHNSON said that is his understanding.                                                                                
                                                                                                                                
MR. SAXBY confirmed that this is his understanding as well.                                                                     
                                                                                                                                
CO-CHAIR JOHNSON  stated it is his  intention to move EO  114 out                                                               
of the committee.                                                                                                               
                                                                                                                                
1:19:35 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO  cited the procedural memorandum  from Chief Clerk                                                               
Lowell  which states  that  unless  EO 114  is  disapproved by  a                                                               
special concurrent resolution, it becomes effective in 60 days.                                                                 
                                                                                                                                
CO-CHAIR  JOHNSON said  this is  also his  understanding, but  he                                                               
would like to move the order out of the committee.                                                                              
                                                                                                                                
CO-CHAIR  GATTO,   in  response  to   Representative  Guttenberg,                                                               
confirmed there is no floor action on the order.                                                                                
                                                                                                                                
CO-CHAIR  JOHNSON clarified  that  no floor  action  is the  case                                                               
unless there is a concurrent resolution to disapprove the order.                                                                
                                                                                                                                
1:20:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  moved to  report EO  114 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.                                                                                                                          
                                                                                                                                
CO-CHAIR JOHNSON objected for further discussion purposes.                                                                      
                                                                                                                                
1:21:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON asked  where the  order goes  after it  is                                                               
moved out of the House Resources Standing Committee.                                                                            
                                                                                                                                
CO-CHAIR JOHNSON answered it goes  to the possession of the clerk                                                               
unless  some  other  committee or  individual  wishes  to  object                                                               
through a  concurrent resolution.   It would become law  on April                                                               
12 [2008].                                                                                                                      
                                                                                                                                
REPRESENTATIVE SEATON  inquired what  the appropriate way  is for                                                               
committee members to signify that they  do not wish for the order                                                               
to be overturned.                                                                                                               
                                                                                                                                
CO-CHAIR JOHNSON said the committee  report would either approve,                                                               
disapprove, or attach a concurrent resolution.                                                                                  
                                                                                                                                
REPRESENTATIVE  SEATON asked  whether the  motion should  then be                                                               
one of the three aforementioned actions.                                                                                        
                                                                                                                                
CO-CHAIR JOHNSON responded the  language suggested by Legislative                                                               
Legal  and Research  Services is:   "I  move the  House Resources                                                               
Standing Committee approve Executive Order 114."                                                                                
                                                                                                                                
1:23:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON requested a restatement of the motion.                                                                    
                                                                                                                                
REPRESENTATIVE WILSON  withdrew her  previous motion.   There was                                                               
no objection.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  WILSON moved  that the  House Resources  Standing                                                               
Committee  approve   Executive  Order   114.    There   being  no                                                               
objection, EO 114 was approved.                                                                                                 
                                                                                                                              
HB 370-PROTECTION OF FORESTED LAND                                                                                            
                                                                                                                              
1:24:40 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOHNSON  announced that  the  final  order of  business                                                               
would be  HOUSE BILL NO. 370,  "An Act relating to  forested land                                                               
management   and  protection   from  wildland   fire  and   other                                                               
destructive agents; changing the  term 'forest fire' to 'wildland                                                               
fire' where it appears in  the Alaska Statutes; and providing for                                                               
an effective date."                                                                                                             
                                                                                                                                
1:24:59 PM                                                                                                                    
                                                                                                                                
DEREK MILLER,  Staff to Representative  Mike Kelly,  Alaska State                                                               
Legislature, reminded the  committee that HB 370  would allow the                                                               
Department  of  Natural  Resources, [Division  of  Forestry],  to                                                               
consider  cabins,  lodges,  and  other  private  structures  when                                                               
suppressing fires.   The bill would also change  the term "forest                                                               
fire" to  the more  modern term "wildland  fire".   The committee                                                               
had  previously  asked the  sponsor  to  either delete  the  term                                                               
"other destructive  agents" or define  it.  The  amendment before                                                           
the committee is the sponsor's attempt to define the term.                                                                      
                                                                                                                                
MR.  KEVIN  SAXBY,  Senior Assistant  Attorney  General,  Natural                                                               
Resources  Section,  Civil  Division (Anchorage),  Department  of                                                               
Law, in  response to Co-Chair  Johnson, noted he helped  with the                                                               
[amendment] language.                                                                                                           
                                                                                                                                
1:26:14 PM                                                                                                                    
                                                                                                                                
MR. MILLER  recounted the committee's  concern regarding  how far                                                               
the term "destructive  agents" went and whether it  was too vague                                                           
and  whether defining  it  would be  too strict.    He said  this                                                               
amendment tightens it up a  little bit by defining the parameters                                                               
of  what the  term includes  in  order to  not have  the risk  of                                                               
unintended consequences.   The preference  is to define  the term                                                               
with the language  that is before the committee.   The concern is                                                               
that if the  term is taken out of the  bill, the department could                                                               
lose its current authority to  enter private or other property to                                                               
suppress destructive agents.                                                                                                    
                                                                                                                                
1:27:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  moved that  the committee  adopt Amendment                                                               
1, labeled 25-LS1359\C.1, Bullock,  2/28/08, as follows [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Page 3, line 19, following "(2)":                                                                                          
          Insert ""destructive agent" means an insect,                                                                      
       pathogen, or other environmental agent that causes                                                                   
     damage to a forest resource;                                                                                           
                         (3)"                                                                                               
                                                                                                                                
     Page 3, line 21:                                                                                                           
          Delete "(3)"                                                                                                          
          Insert "(4)[(3)]"                                                                                                   
                                                                                                                                
CO-CHAIR  GATTO objected  to Amendment  1.   What would  the term                                                               
"forest resource" include, he asked.                                                                                          
                                                                                                                                
MR. SAXBY  responded it certainly  includes wood.  There  is some                                                               
discussion in Title  41, the Forest Resources  and Practices Act,                                                               
about  the  various  forest  resources.    Some  of  those  other                                                               
resources  include other  types of  vegetation and  less tangible                                                               
things like recreation or watershed protection.                                                                                 
                                                                                                                                
1:28:50 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO inquired whether a cabin is a "forest resource".                                                             
                                                                                                                                
MR. SAXBY  replied no, a cabin  would not be interpreted  to be a                                                               
"forest resource".   What is  trying to  be gained under  some of                                                           
the earlier  changes in that  section is the ability  to consider                                                               
cabin protection.                                                                                                               
                                                                                                                                
1:29:17 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  GATTO said  he  sees  having the  right  to enter  upon                                                               
private  property to  protect  manmade  resources as  beneficial.                                                               
However, he  is having a  difficult time in regard  to protecting                                                               
against  destructive  agents.    Would  the  term  "environmental                                                           
agent" be natural only or also include manmade, he asked.                                                                   
                                                                                                                                
MR. SAXBY  replied he  is unsure what  the final  language before                                                               
the  committee is  because he  has been  out of  the loop  today.                                                               
However,  when he  left  the  discussion, the  effort  was to  be                                                               
dealing with  largely natural agents,  not directly  with humans.                                                               
The attempt  was to  exclude some of  the concerns  raised during                                                               
the  last  hearing   about  regulating  humans.     Some  of  the                                                               
environmental  agents   that  could  be  destructive   of  forest                                                               
resources might  include things that  are created by  humans, for                                                               
example pollution.                                                                                                              
                                                                                                                                
CO-CHAIR JOHNSON read Amendment 1 to Mr. Saxby.                                                                                 
                                                                                                                                
MR. SAXBY said that was the  language he was dealing with when he                                                               
left the discussion.                                                                                                            
                                                                                                                                
1:31:12 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO expressed his concern  that if a "forest resource"                                                           
were to include some manmade  object and an "environmental agent"                                                           
included  a man,  then it  could include  things like  vandalism,                                                               
avalanche,  floods, and  bugs.   He said  he does  not think  the                                                               
state should  get itself actively  involved in a  lawsuit because                                                               
this  language could  be interpreted  by  a person  who has  some                                                               
interest  in  protecting whatever  he  or  she brought  into  the                                                               
forest and is now insisting upon  some activity by the state that                                                               
creates a legal  issue if the state  does not do it.   If he knew                                                               
exactly what  was wanted in  this bill -  that is the  ability to                                                               
enter upon  land to protect  natural resources that  were already                                                               
there - then he does not  mind putting in that language, he said.                                                               
However, he sees too much more here.                                                                                            
                                                                                                                                
MR.  SAXBY  answered that  he  thinks  what  was just  stated  is                                                               
exactly  what   the  goal  of   that  language  is.     The  word                                                               
"environmental"  was inserted  so  people would  not  be able  to                                                           
claim that the state would be  regulating vandals or humans.  The                                                               
terms  insect, disease,  and other  environmental agents  make it                                                               
clear that  what will  be regulated are  things that  are already                                                               
there that are  threatening the forest and  products derived from                                                               
the forest.  There  is not any intent to enter  land to protect a                                                               
structure or  a building under  the particular authority  that is                                                               
being  looked at,  except  in the  course  of protecting  natural                                                               
resources in circumstances like fighting a fire.                                                                                
                                                                                                                                
MR. MILLER  said this  is updated  terminology and  it is  not an                                                               
attempt for  DNR to  become police  or to  consider hunters  as a                                                               
"destructive agent".  According to  testimony at the last hearing                                                           
[2/27/08] people  would not be considered  a "destructive agent".                                                           
This is modern terminology that  is trying to be incorporated, as                                                               
it relates just to forest pests and diseases.                                                                                   
                                                                                                                                
1:34:27 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  GATTO said  he  is  concerned the  state  could end  up                                                               
buying a  house for a  cabin owner who successfully  asserts that                                                               
fire  fighting  efforts resulted  in  adjacent  forest or  stream                                                               
destruction.   Fire suppression efforts could  result in bringing                                                               
in an agent that is not natural  to the forest.  Somebody will be                                                               
affected and  make a demand  from the state,  he said, and  he is                                                               
trying  to get  past that.    If the  state only  wants to  enter                                                               
private or  other land  for the purpose  of protecting  the land,                                                               
then that can be put into the bill.                                                                                             
                                                                                                                                
1:36:23 PM                                                                                                                    
                                                                                                                                
JOHN  "CHRIS"  MAISCH,  Director,  State  Forester,  Division  of                                                               
Forestry,  Department   of  Natural  Resources,   explained  that                                                               
insects and pathogens  are a portion of the  Forest Resources and                                                               
Practices  Act, the  statute addressed  by HB  370.   He said  he                                                               
looks at this  definition as two parts when read  in context with                                                               
the  language on  page 3,  line 2,  which states,  "from wildland                                                           
fire and  other destructive  agents".  The  [first part]  is that                                                           
the  state has  authority  to enter  private  land for  "wildland                                                           
fire" purposes  to either suppress  initial starts or  to provide                                                           
protection from wildland fires.   The planning process guides the                                                               
Division  of Forestry  on  whether any  given  structure will  be                                                               
protected.   The second part  is in regard to  "other destructive                                                           
agents"  and a  "destructive agent"  could be  bark beetles  or a                                                       
number of pathogens such as  invasive insects or invasive plants.                                                               
The purpose  of this second  portion is to provide  some latitude                                                               
to the  division for  something that  cannot be  anticipated, Mr.                                                               
Maisch said.   Another example of a "destructive  agent" could be                                                           
drought with the subsequent result  of trees dying and creating a                                                               
fire hazard  that a landowner refuses  to do anything about.   In                                                               
this case,  the division could  take action to reduce  that risk.                                                               
It is difficult  to pin down all the circumstances  that might be                                                               
encountered,  so  the  idea  is to  provide  enough  latitude  to                                                               
address the issues that are  encountered, yet still provide clear                                                               
direction under this statute that it is forest resources.                                                                       
                                                                                                                                
1:38:53 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON surmised that HB  370 would give the Division of                                                               
Forestry additional authority because  now it could enter private                                                               
property for things other than a fire.                                                                                          
                                                                                                                                
MR. MAISCH responded  no, it is not  additional authority because                                                               
the  division  has  the  authority right  now  under  the  forest                                                               
practices portion of this statute.                                                                                              
                                                                                                                                
CO-CHAIR JOHNSON asked why, then,  does it matter if "destructive                                                           
agents" is taken out.                                                                                                       
                                                                                                                                
MR. MAISCH  replied, "Because it  refers to  'destructive agents'                                                               
in that  portion of  the statute."   This is  the portion  of the                                                               
statute that gives  the division the authority to  enter both for                                                               
fire and other destructive agents.   Destructive agent would have                                                               
to be  deleted from the  forest practices section of  the statute                                                               
which  then  could  cause  problems  from  the  forest  practices                                                               
statute.   Water  quality and  fish habitat  are two  of the  key                                                               
things that the Forest Resources  and Practices Act regulates, he                                                               
said.   The act gives  the division  the authority to  enter onto                                                               
private lands  to ensure that  the best management  practices are                                                               
being  put  in  place.    This is  where  the  division  has  the                                                               
authority to enter  private land for both aspects  that are being                                                               
discussed - fire and forest practices.                                                                                          
                                                                                                                                
MR. SAXBY  provided an example:   If a shipment of  logs infested                                                               
with gypsy  moths was to  come in right  now, DNR would  have the                                                               
right  under  existing authority  to  enter  private property  to                                                               
protect against  other destructive  agents and can  go in  and do                                                               
whatever is necessary, such as setting  fire to the logs.  If the                                                               
other destructive agent  language is removed, DNR  will no longer                                                               
have that authority.                                                                                                            
                                                                                                                                
1:41:05 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  GATTO  inquired  whether  torching the  logs  with  the                                                               
purpose of eliminating a pathogen  is an issue that would require                                                               
the state to defend itself.                                                                                                     
                                                                                                                                
MR. MAISCH  answered that  someone can always  file a  claim, but                                                               
under the  statute providing  this authority  there is  a process                                                               
that must  be gone through.   He used Mr.  Saxby's aforementioned                                                               
example  to explain  that the  landowner would  be notified  that                                                               
there is  an issue  and asked  to correct  the situation.   There                                                               
would  be  a  process  and  the last  resort  would  be  for  the                                                               
department to  actually enter  and take care  of the  problem and                                                               
for which the department would bill  the landowner.  He said that                                                               
in his  years of working  for the division  and the years  he has                                                               
been in  this profession in Alaska,  he is not aware  of any case                                                               
being successfully brought against the state for damages.                                                                       
                                                                                                                                
1:43:09 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  GATTO  asked  why  not just  change  [forest]  fire  to                                                               
wildland fire if there has never been a problem.                                                                                
                                                                                                                                
MR. MAISCH  clarified that  he meant  the state  has never  had a                                                               
problem in terms of actually losing  a case that has been brought                                                               
against the  state for damages.   There have been  problems where                                                               
the state  had to  enter lands  to take  care of  situations like                                                               
those being discussed.                                                                                                          
                                                                                                                                
1:43:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI inquired whether  a destructive agent can                                                               
cause damage to  something other than a forest  resource, such as                                                               
a cabin.                                                                                                                        
                                                                                                                                
MR. MAISCH responded  that, as it is defined  here, a destructive                                                               
agent is  targeted at a  forest resource.  In  the aforementioned                                                               
example  of drought,  the trees  died, became  a fuel  risk to  a                                                               
structure, and the  structure was then threatened as  part of the                                                               
effect of  the destructive  agent.  Another  example might  be an                                                               
insect  that  breeds  in  logs  that have  been  brought  into  a                                                               
property and then  fly to other private property  or public lands                                                               
and create damage to crops or trees.                                                                                            
                                                                                                                                
1:44:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI noted  that HB 370 has  been described as                                                               
providing  the  ability in  the  decision-making  process to  put                                                               
resources where there are homes in  the case of fire.  Would that                                                               
be prevented if the term  "and other destructive agents" is added                                                           
in Section 3 but not defined until Section 5, he asked.                                                                         
                                                                                                                                
MR.  MAISCH   commented  it  is  unfortunate   that  both  forest                                                               
practices and wildland fire are  being addressed at the same time                                                               
because it is hard to keep  the two completely separate.  For the                                                               
fire  aspect,  HB  370  would   definitely  give  the  state  the                                                               
authority  to  include  human development  -  structures,  roads,                                                               
bridges,  and  whatever  it  might   be  -  in  the  pre-planning                                                               
decision-making process  that would allow  the state to  say this                                                               
structure should  be protected  should there  be a  wildland fire                                                               
that  threatens  it.    However,   there  is  always  operational                                                               
considerations from  a fire fighting standpoint  that may prevent                                                               
the  protection of  that  structure.   There  will frequently  be                                                               
times when structures cannot be  protected from wildland fire, he                                                               
advised, and he  does not want to give the  false impression that                                                               
this  gives the  department the  authority to  protect structures                                                               
anywhere and  everywhere from  wildland fire  because that  it is                                                               
not what it does.  It  does give the department, in the decision-                                                               
making process,  a stronger  ability to include  that as  part of                                                               
the criteria for why a structure would be protected.                                                                            
                                                                                                                                
1:46:50 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO  contended the department  has the  authority, but                                                               
is simply making the decision to not exercise the authority.                                                                    
                                                                                                                                
MR.  MAISCH replied  that under  the narrow  read of  the statute                                                               
right  now,  the  department  does  not  have  the  authority  to                                                               
actually  protect  a  structure.   However,  through  the  Alaska                                                               
Interagency Fire  Management Plan and the  planning process, [the                                                               
division] protects  communities and  other resources.   The issue                                                               
is when it gets into  limited and modified protection zones where                                                               
there  are often  structures  or groups  of  structures around  a                                                               
lake.   [The division] would like  to update its atlases  to show                                                               
where  those structures  are and,  through the  planning process,                                                               
determine whether there  is something that [the  division] can or                                                               
should protect depending on the  circumstances.  However, the way                                                               
the statute currently reads, [the  division] cannot do that right                                                               
now.    Because planning  cannot  be  done  ahead of  time,  [the                                                               
division]  finds itself  trying to  do this  at the  time of  the                                                               
fire.   One of the  first things  considered in that  process, is                                                               
whether human life  is threatened.  In the case  of the Wild Lake                                                               
fire, people got  the idea that if they went  to their cabins the                                                               
cabins would  then be  protected.  [The  division] would  like to                                                               
design a  process so  that everyone is  treated exactly  the same                                                               
way as far as structures in limited and modified areas.                                                                         
                                                                                                                                
1:49:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH   inquired  whether  it   is  standard                                                               
forestry or wildland fire practice  to notify landowners prior to                                                               
entering their  property in  those cases where  it is  known that                                                               
the property owner is susceptible to damage.                                                                                    
                                                                                                                                
MR. MAISCH answered  yes, in forest practices there  is a process                                                               
called Notice of  Violation.  There are different  levels of that                                                               
depending on how much risk or  damage is being done to a resource                                                               
and it can range  all the way up to a  stop-work order with heavy                                                               
civil fines.  [The division]  also has citation authority and has                                                               
undertaken  criminal  prosecution  for  habitat  damage  to  fish                                                               
streams.                                                                                                                        
                                                                                                                                
1:49:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  spoke in favor of  Amendment 1 because                                                               
"destructive  agents" is  not a  new term  and already  exists in                                                           
current  statute, AS  45.15.040, so  this conversation  regarding                                                               
"destructive agents" has already occurred  before.  What is being                                                           
changed  is still  in  Chapter  41, AS  41.15.010,  which is  the                                                               
intent.  For  exampled, in Anchorage there  are many out-of-state                                                               
homeowners who own large parcels  of land that have been infested                                                               
and killed  by a destructive  agent, the spruce bark  beetle, and                                                               
neighboring  homeowners do  not have  the authority  to cut  down                                                               
this fire  hazard because  it would be  trespassing.   This would                                                               
provide  the department  the opportunity  to save  someone else's                                                               
house  if someone  chooses  not  to address  the  issue on  their                                                               
property, she surmised.                                                                                                         
                                                                                                                                
MR. MAISCH said he followed  Representative Fairclough's chain of                                                               
logic and  it is correct.   However,  the division does  not have                                                               
the  resources to  usually go  to that  level of  service to  the                                                               
public.  It would be only  in very drastic situations where there                                                               
is  a great  risk  of  public safety.    In  further response  to                                                               
Representative Fairclough,  he confirmed that  the aforementioned                                                               
example of logs coming in is  a good example.  Another example is                                                               
when utilities clear  a right-of-way and leave  the slash without                                                               
properly treating it, the beetles  infest it, then exit, and then                                                               
go to standing green timber.                                                                                                    
                                                                                                                                
1:53:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  commented that  the issue  of wildland                                                               
fire is  acceptable to her, but  the right of entry  onto someone                                                               
else's  property or  using the  environmental  agents or  damaged                                                               
resource to somehow  stop other things is  troublesome.  However,                                                               
she  said she  believes the  history of  the department  has been                                                               
well represented in  trying to protect people's  property and now                                                               
[the division] is asking to plan for that.                                                                                      
                                                                                                                                
MR. MAISCH responded, "Correct, we  are asking for the ability to                                                               
do better  planning with regard to  the fire aspect of  this, not                                                               
the destructive agents aspect, so to speak."                                                                                    
                                                                                                                                
1:54:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH asked whether  Mr. Saxby believes there                                                               
is  any  other unintended  consequences  that  this committee  is                                                               
concerned  about  in  regard to  access  to  somebody's  personal                                                               
property versus the risk.                                                                                                       
                                                                                                                                
MR. SAXBY replied no, he does not think so.                                                                                     
                                                                                                                                
1:54:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  GATTO  said  he  does  not have  a  problem  with  [the                                                               
division]  entering  upon private  property  for  the purpose  of                                                               
extinguishing a fire or removing a  threat.  Is there a situation                                                               
where  it would  be  better  for the  legislature  to allow  [the                                                               
division] to  do it, he inquired.   He said he  is concerned that                                                               
if a  statute does not simply  say allow, a person  could then be                                                               
able to demand.                                                                                                                 
                                                                                                                                
MR.  SAXBY  answered  the  current  statute  is  a  discretionary                                                               
statute  and  Representative  Fairclough  just  referred  to  the                                                               
authority  that already  exists to  enter onto  private property.                                                               
It is an allowed type of situation, not a mandate to do so.                                                                     
                                                                                                                                
1:55:27 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON  asked whether  other destructive  agents exists                                                               
in other areas.                                                                                                                 
                                                                                                                                
MR. SAXBY said  yes, he believes so.  In  further response to Co-                                                               
Chair  Johnson, Mr.  Saxby  confirmed it  does  exist in  current                                                               
statute and Representative Fairclough  just pointed the committee                                                               
to some of the language.                                                                                                        
                                                                                                                                
CO-CHAIR  JOHNSON clarified  he  meant  that [destructive  agent]                                                               
does not exist in AS 41.15.010.                                                                                                 
                                                                                                                                
MR.  SAXBY responded  correct, in  that one  section it  does not                                                               
exist and it does exist in two other sections in Chapter 15.                                                                    
                                                                                                                                
1:55:57 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON  inquired how not including  [destructive agent]                                                               
in  this chapter  would negate  the other  places that  it exists                                                               
since it does not exist there now.                                                                                              
                                                                                                                                
MR.  SAXBY  replied he  may  have  misunderstood what  was  being                                                               
talked  about before.    He  said he  thought  the committee  was                                                               
talking about eliminating [destructive  agent] from everywhere in                                                               
AS 41.15.   If  the committee is  just talking  about eliminating                                                               
[destructive  agent] from  the very  first section  in AS  41.15,                                                               
then the  department would  be prevented  from planning  ahead of                                                               
time  what it  might need  to  do in  the face  of a  destructive                                                               
agent.   [The  division]  is asking  for  planning authority,  it                                                               
already has the right-of-entry authority.                                                                                       
                                                                                                                                
1:56:50 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO  asked whether [the division]  would be disallowed                                                               
from planning unless a change is made.                                                                                          
                                                                                                                                
MR. SAXBY  answered that the  intent language is what  DNR relies                                                               
on when it  engages in its fire planning, for  example.  It would                                                               
be  the same  situation if  DNR were  to engage  in planning  for                                                               
means  of addressing  "other destructive  agents"  like pests  or                                                           
diseases.                                                                                                                       
                                                                                                                                
1:57:24 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO read Amendment 1  aloud and asked whether "insect"                                                           
and "pathogen" would be included in "environmental agents".                                                             
                                                                                                                                
MR. SAXBY said correct, that is why the term "other" is used.                                                               
                                                                                                                                
CO-CHAIR   GATTO  inquired   whether  there   could  be   a  non-                                                               
environmental  agent  that  could   be  excluded  by  using  this                                                               
language.                                                                                                                       
                                                                                                                                
MR. SAXBY responded that Co-Chair  Gatto is correct that the term                                                               
"agent" or  "environmental agent"  would cover the  preceding two                                                       
terms.   However, it was  sensed from  the last hearing  that the                                                               
committee wanted a fairly specific  definition that would provide                                                               
guidance  on the  types of  areas where  this authority  would be                                                               
extended to, while limiting it to areas that seemed a bit off-                                                                  
the-wall.  The  wishes of the committee were trying  to be met by                                                               
setting forth two specific examples  at the beginning - "insects"                                                           
and "pathogens" - which are clearly  not human, and then giving a                                                           
catch-all phrase at  the end that was still  somewhat limited and                                                               
was also intended to not cover humans.                                                                                          
                                                                                                                                
1:59:22 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO  asked whether  the word  "environmental" excludes                                                           
anything.                                                                                                                       
                                                                                                                                
MR. SAXBY  replied the term  "environmental" was used  because it                                                           
was not  intended to convey  the impression that humans  might be                                                               
the  type  of  agents  that  would be  controlled,  so  the  term                                                               
environmental was  used.   He supposed  the term  non-human could                                                               
have been used, but seemed a bit much.                                                                                          
                                                                                                                                
1:59:58 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON  surmised that  no planning was  currently being                                                               
done for destructive environmental agents.                                                                                      
                                                                                                                                
MR.  MAISCH said  in  some circumstances,  like  the bark  beetle                                                               
outbreak  on the  Kenai Peninsula,  there  was response  planning                                                               
done,  but no  pre-planning.   Efficiency is  improved with  pre-                                                               
planning over reacting to a given situation.                                                                                    
                                                                                                                                
2:00:33 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOHNSON inquired  how there  could be  pre-planning for                                                               
someone bringing in a bunch of logs with insects.                                                                               
                                                                                                                                
MR. MAISCH  explained that a  response plan could already  be put                                                               
together in terms  of who would need to be  notified if there are                                                               
any  special permits  that needed  to be  obtained before  taking                                                               
action.  It  could involve insecticides or a  number of different                                                               
ways to potentially treat and  deal with the issue.  Essentially,                                                               
it would be a response plan  similar to what would be written for                                                               
an oil spill or other  man-caused disasters.  [The division] does                                                               
not typically engage  in a lot of that work  right now for things                                                               
other than fire, but it is not out of the question.                                                                             
                                                                                                                                
2:01:11 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON asked why additional  planning has a zero fiscal                                                               
note.                                                                                                                           
                                                                                                                                
MR. MAISCH  answered he does  not anticipate that  [the division]                                                               
would  take  on  additional planning  functions  for  destructive                                                               
agents because those  are usually dealt with as  a response plan.                                                               
However, if  [the division] had  the resources and  the manpower,                                                               
this would give the authority to do that.                                                                                       
                                                                                                                                
2:01:34 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON inquired whether the resources are not money.                                                                  
                                                                                                                                
MR.  MAISCH  responded   it  would  be  a   position  that  would                                                               
eventually  translate  into  money,  but [the  division]  is  not                                                               
proposing  as  part  of  this   to  undertake  separate  planning                                                               
functions for destructive agents.                                                                                               
                                                                                                                                
2:01:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  noted  that federal  money  was  made                                                               
available at  different points  in time for  the state  to combat                                                               
the spruce bark  beetle, but there is not an  opportunity for the                                                               
state  to  use  that  grant money  for  planning  purposes  under                                                               
current state statute.   She surmised that right  now the funding                                                               
is not available for determining where cabins are located.                                                                      
                                                                                                                                
MR.  MAISCH replied  that  large urban  areas  and boroughs  have                                                               
active  programs as  a result  of  property taxes  and good  land                                                               
records,  but  in rural  areas  it  is  very difficult  to  track                                                               
structures  because  there  are no  recording  requirements  when                                                               
someone subdivides or  sells a piece of property.   During a fire                                                               
season [the division] flies different  sections of a fire zone at                                                               
which time  any new structures that  are seen are mapped.   Under                                                               
HB  370 [the  division] would  then  be allowed  to pre-plan  and                                                               
decide   whether  those   structures   would  potentially   merit                                                               
protection.   The  fire aspect  of  this is  what [the  division]                                                               
really  wants to  undertake as  part of  this statute  change, he                                                               
stressed.   [The division] already  has the staff that  does this                                                               
and HB 370  would essentially provide the  statutory authority to                                                               
do [the pre-planning].                                                                                                          
                                                                                                                                
2:04:11 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOHNSON  stated the  committee  is  wrapped around  the                                                               
destructive agent aspect, not the fire  aspect.  No one is saying                                                               
[the  division]  should not  be  allowed  to catalog  cabins  and                                                               
structures.                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON  discussed the  blow down  in a  small area                                                               
near Cooper Landing where spruce  bark beetles started to invade.                                                               
The process  took so long and  there was no plan  and the beetles                                                               
spread so  far they could  not be contained.   There was  a large                                                               
contingent of Alaskans who felt that  needed to be addressed in a                                                               
hurry, and without  any pre-planning it did not  get addressed in                                                               
a hurry.   He pointed  out that  the committee recently  passed a                                                               
bill  regarding invasive  weed  control [HB  330].   However,  if                                                               
there is no  authority to deal with  "other environmental agents"                                                           
which includes invasive  weeds, then it seems  like the committee                                                               
is  expressing  its concern  by  passing  one statute  while  not                                                               
giving the [Division  of Forestry] the authority to  take care of                                                               
invasive weeds before they spread.   He said he is satisfied with                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
CO-CHAIR JOHNSON  stated there  was a fiscal  note for  [HB 330],                                                               
but no fiscal note for HB 370.                                                                                                  
                                                                                                                                
REPRESENTATIVE  SEATON  said  correct,  but  HB  370  gives  [the                                                               
Division of  Forestry] the authority  to operate under  the other                                                               
statute that  was passed [HB 330],  it does not say  the division                                                               
has to do something.                                                                                                            
                                                                                                                                
2:07:08 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO asked whether there  is any mechanism in place for                                                               
checking the source  of wood products and whether  they come from                                                               
a pest- or pathogen-infested area,  such as cabin logs from areas                                                               
in  British Columbia  that are  infested with  the mountain  pine                                                               
beetle.                                                                                                                         
                                                                                                                                
MR. MAISCH  answered not  that he  is aware  of, unless  there is                                                               
inspection under  an agricultural  program.  Generally,  the logs                                                               
for kit structures  are kiln dried, a process that  takes care of                                                               
pathogen and insect  issues.  But, it would be  a different story                                                               
for green logs,  and this is what Mr. Saxby  was talking about in                                                               
his earlier  example of insect-infested logs  shipped into Alaska                                                               
and [the  division] having the authority  to deal with that.   In                                                               
the case of  mountain pine beetles, it would not  be an issue for                                                               
Alaska  because  Alaska  has  spruce, not  pine.    However,  the                                                               
mountain pine beetle is all  across the Rocky Mountain states and                                                               
is a disaster worse than the Kenai Peninsula.                                                                                   
                                                                                                                                
2:09:08 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO  moved that  the committee  adopt an  amendment to                                                               
Amendment 1 to strike the word "environmental".                                                                             
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH objected to  the amendment to Amendment                                                               
1.                                                                                                                              
                                                                                                                                
REPRESENTATIVE SEATON objected to the amendment to Amendment 1.                                                                 
                                                                                                                                
MR. SAXBY, in response to Co-Chair  Johnson, said he does not see                                                               
a problem with the amendment to Amendment 1.                                                                                    
                                                                                                                                
MR. MAISCH,  in response  to Representative  Fairclough, informed                                                               
the committee that two definitions  had been considered.  One had                                                               
the word "environmental" in it and  one had that word struck.  As                                                           
explained by  Mr. Saxby earlier,  the thinking was that  the word                                                               
"environmental"  helped  frame what  was  interpreted  to be  the                                                           
committee's intent that there be  sideboards on what was meant by                                                               
destructive agent  in reference to  this statute.  He  could live                                                               
with Amendment 1 being either way, he said.                                                                                     
                                                                                                                                
2:10:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH commented that  she objected because in                                                               
the  committee's  previous discussion  the  thought  was that  it                                                               
would be too broad.   Without the word "environmental", a lawsuit                                                           
could come  in that is outside  of what is being  talked about as                                                               
an  insect or  a  pathogen  or something  that  is attacking  the                                                               
forest.    She  said  she  likes the  tighter  language  so  snow                                                               
machines  or   something  else  that   is  motorized   cannot  be                                                               
interpreted as attacking the forest.                                                                                            
                                                                                                                                
REPRESENTATIVE  SEATON   said  he   had  asked  for   a  specific                                                               
definition to  make it  clear that the  committee is  not talking                                                               
about hunters  walking along the  pipeline or people  riding snow                                                               
machines or four-wheelers.   He said he wants to  ensure that the                                                               
DNR police force  for human activities cannot  be considered part                                                               
of this  statute and  that is  why he objects  to removal  of the                                                               
term "environmental".   The intention of this is  not to regulate                                                           
people activities, it is strictly  looking at insects, pathogens,                                                               
noxious weeds, and those kinds of agents.                                                                                       
                                                                                                                                
REPRESENTATIVE  WILSON stated  she  wants to  leave  in the  word                                                               
"environmental" because it narrows it  down; otherwise it is just                                                           
too broad.                                                                                                                      
                                                                                                                                
2:13:12 PM                                                                                                                    
                                                                                                                                
CO-CHAIR GATTO inquired whether the  ability is wanted to close a                                                               
trail that is eroding into a stream because of four-wheelers.                                                                   
                                                                                                                                
MR. SAXBY responded DNR has those authorities in other titles.                                                                  
                                                                                                                                
CO-CHAIR  GATTO  withdrew  the  amendment  to  Amendment  1,  and                                                               
withdrew his objection to Amendment 1.                                                                                          
                                                                                                                                
There being no further objection, Amendment 1 was adopted.                                                                      
                                                                                                                                
CO-CHAIR JOHNSON announced the bill is now before the committee.                                                                
                                                                                                                                
2:14:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON directed attention  to the language on page                                                               
3, lines 9-10, which states,  "to prevent, control, or suppress a                                                           
fire  [FIRES]  or  a  destructive agent  [AGENTS]",  and  to  the                                                       
language  on  page 3,  lines  13-14,  which states,  "preventing,                                                               
suppressing, or controlling a wildland  fire [FOREST FIRES] and a                                                           
destructive agent [AGENTS]."  She  asked if the word "and" should                                                           
be changed to "or".                                                                                                             
                                                                                                                                
CO-CHAIR JOHNSON agreed.                                                                                                        
                                                                                                                                
MR. SAXBY, in response to  Co-Chair Johnson, confirmed he did not                                                               
have any trouble with making that change.                                                                                       
                                                                                                                                
2:15:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON moved that  the committee adopt Amendment 2                                                               
as follows:                                                                                                                     
                                                                                                                                
     Page 3, line 14, after "[FOREST FIRES]":                                                                                   
          Delete "and"                                                                                                          
          Insert "or"                                                                                                           
                                                                                                                                
There being no objection, Amendment 2 was adopted.                                                                              
                                                                                                                                
CO-CHAIR JOHNSON announced the bill is now before the committee.                                                                
                                                                                                                                
2:16:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI  asked what types of  protection would be                                                               
provided as directed  under the intent language on  page 3, lines                                                               
1-2.                                                                                                                            
                                                                                                                                
MR. MAISCH  responded protection could  mean a number  of things,                                                               
but in context  with wildland fire it could  be simply protection                                                               
of life,  which is usually  the first consideration, so  it could                                                               
be an evacuation from a  remote or urban location.  Circumstances                                                               
could mean protection of structures,  which in turn is protecting                                                               
life that might be on site.                                                                                                     
                                                                                                                                
2:17:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI  specified  he  meant  prevention  of  a                                                               
wildland fire.                                                                                                                  
                                                                                                                                
MR.  MAISCH said  a  prevention activity  might  be the  Firewise                                                               
Program where [the Division of  Forestry] works with a landowner,                                                               
visits  the residence,  and makes  recommendations to  do certain                                                               
things with  the fuels  that might be  around the  structure, and                                                               
other recommendations  that would make  it easier to  protect the                                                               
structure if  it was threatened by  fire.  It is  often difficult                                                               
to take  an engine into many  locations because there is  no turn                                                               
around  at the  end of  a long,  narrow driveway  that has  heavy                                                               
fuels on both sides.                                                                                                            
                                                                                                                                
2:18:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI inquired about prescriptive burns.                                                                      
                                                                                                                                
MR.  MAISCH  replied  prescribed   fires  go  through  a  lengthy                                                               
planning process  and are  usually used in  more remote  areas of                                                               
the state.   Mechanical fuel treatments are used in  areas of the                                                               
state  where  there is  higher  risk  due  to proximity  to  high                                                               
concentrations of structures.                                                                                                   
                                                                                                                                
REPRESENTATIVE  KAWASAKI  asked  whether selective  timber  sales                                                               
would be considered one method of providing protection.                                                                         
                                                                                                                                
MR. MAISCH answered yes, there is  a wide array of things such as                                                               
mechanical fuels treatment.  Timber  sales can also reduce fuels.                                                               
Public education  can provide protection and  [the division] does                                                               
a lot of this.                                                                                                                  
                                                                                                                                
2:19:16 PM                                                                                                                    
                                                                                                                                
MR.  MAISCH, in  response to  Co-Chair Gatto,  stated the  spruce                                                               
tree is not a  host for the mountain pine beetle,  so it does not                                                               
attack the  spruce tree.   There are  several different  types of                                                               
spruce beetle in Alaska.                                                                                                        
                                                                                                                                
CO-CHAIR  GATTO asked  whether  a standing  dead  tree loses  its                                                               
value as a timber product after three years.                                                                                    
                                                                                                                                
MR.  MAISCH said  it depends.   Trees  are still  being harvested                                                               
from  the  1990 Tok  fire.    When kept  on  the  stump value  is                                                               
actually added  because the tree dries  out and does not  have to                                                               
be kiln  dried.  The  salvage opportunity  is much longer  in the                                                               
Interior than  it is  in a  wetter climate.   Rapid  decay begins                                                               
once the tree is cut into  shorter pieces or breaks off the stump                                                               
and falls  to the  ground, like  what is  happening on  the Kenai                                                               
Peninsula  right now.    Fairly  quickly, it  could  be used  for                                                               
fiber,  wood chips,  or a  wood fuel,  but not  for a  solid wood                                                               
material.   In  further response  to Co-Chair  Gatto, Mr.  Maisch                                                               
stated that three to five years is  a rough rule of thumb for the                                                               
length of  time for mills  to use  [the standing dead  trees] for                                                               
lumber.    He  said  [the   Division  of  Forestry]  has  special                                                               
authorities  to significantly  shorten the  planning process  for                                                               
beetle-kill salvage sales.                                                                                                      
                                                                                                                                
REPRESENTATIVE  WILSON   noted  that  with  only   11  inches  of                                                               
rainfall,  Tok is  considered  an  arid region  and  that is  why                                                               
[standing dead timber] lasts a lot longer there.                                                                                
                                                                                                                                
2:22:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI  stated he does  not have a  problem with                                                               
destructive agents.  However, he  does have trouble with "values"                                                             
in the intent  language on page 3.  He  understood it is supposed                                                               
to  be broad,  but said  it  is too  vague  in his  opinion.   He                                                               
inquired  whether  the  language   should  state  "the  value  of                                                               
resources and structural  improvements" because land improvements                                                               
are defined in the statutes.                                                                                                    
                                                                                                                                
MR. MAISCH  responded that the  division tries to  avoid narrowly                                                               
defining "values" because  it can quickly become  a judgment call                                                               
about a  particular value.   The fire management plan  gives some                                                               
broad  guidance  into how  pre-planning  for  response should  be                                                               
done.   [The  division]  has always  shied  away especially  from                                                               
monetary  values  because  the  cost of  suppression  versus  the                                                               
potential return must  be kept in mind.   An unimproved structure                                                               
in a very  remote location may not have much  of a monetary value                                                               
to someone,  but it might  have great  value at 50  degrees below                                                               
zero when  someone falls into a  river and needs a  warm place to                                                               
dry out  and survive.   He said "values" is  not an easy  term to                                                               
define,  and  there  is  no   tight  definition  for  it  in  his                                                               
profession.                                                                                                                     
                                                                                                                                
2:25:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI said  the previous  term, "VALUE  OF THE                                                               
RESOURCES",  might  not have  been  inclusive  enough to  include                                                               
structural improvements  as HB  370 attempts to  do, and  that is                                                               
why the  term "resources and  land improvements"  seems inclusive                                                               
to him.                                                                                                                         
                                                                                                                                
REPRESENTATIVE EDGMON  appreciated the point  that Representative                                                               
Kawasaki  is  making,  but said  this  is  advisory,  non-binding                                                               
language  and, to  him,  the term  "values"  gets the  department                                                             
where it needs to go.                                                                                                           
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH   stated  she   thinks  Representative                                                               
Kawasaki's point is  valid, but she associates  her comments with                                                               
Representative Edgmon in regard to  whether a power line would be                                                               
considered  a structure.   The  committee could  be exclusive  by                                                               
limiting the verbiage.                                                                                                          
                                                                                                                                
2:27:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON moved to report  HB 370, as amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  370(RES)  was                                                               
reported from the House Resources Standing Committee.                                                                           
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Resources Standing Committee meeting was adjourned at 2:28 p.m.                                                                 

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