Legislature(2011 - 2012)BARNES 124

03/19/2012 01:00 PM RESOURCES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 2:10 p.m. Today --
*+ HB 360 INTERSTATE MINING COMPACT & COMMISSION TELECONFERENCED
Heard & Held
*+ HB 365 AQUATIC INVASIVE SPECIES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                         March 19, 2012                                                                                         
                           2:14 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Eric Feige, Co-Chair                                                                                             
Representative Paul Seaton, Co-Chair                                                                                            
Representative Peggy Wilson, Vice Chair                                                                                         
Representative Alan Dick                                                                                                        
Representative Neal Foster                                                                                                      
Representative Bob Herron                                                                                                       
Representative Cathy Engstrom Munoz                                                                                             
Representative Berta Gardner                                                                                                    
Representative Scott Kawasaki                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 360                                                                                                              
"An Act enacting the Interstate Mining Compact and relating to                                                                  
the compact; relating to the Interstate Mining Commission; and                                                                  
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 365                                                                                                              
"An Act relating to the rapid response to, and control of,                                                                      
aquatic invasive species."                                                                                                      
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 360                                                                                                                  
SHORT TITLE: INTERSTATE MINING COMPACT & COMMISSION                                                                             
SPONSOR(s): STATE AFFAIRS                                                                                                       
                                                                                                                                
02/24/12       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/24/12       (H)       RES, FIN                                                                                               
03/19/12       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB 365                                                                                                                  
SHORT TITLE: AQUATIC INVASIVE SPECIES                                                                                           
SPONSOR(s): RESOURCES                                                                                                           
                                                                                                                                
03/14/12       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/14/12       (H)       RES                                                                                                    
03/19/12       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE BOB LYNN                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced HB 360 on behalf of the House                                                                 
State Affairs Standing Committee, sponsor.                                                                                      
                                                                                                                                
ED FOGELS, Deputy Commissioner                                                                                                  
Office of the Commissioner                                                                                                      
Department of Natural Resources (DNR)                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 360.                                                                          
                                                                                                                                
GREGORY CONRAD, Executive Director                                                                                              
Interstate Mining Compact Commission (IMCC)                                                                                     
Washington, DC                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 360.                                                                          
                                                                                                                                
MIKE SATRE, Executive Director                                                                                                  
Council of Alaska Producers                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 360.                                                                          
                                                                                                                                
MARK VINSEL, Executive Director                                                                                                 
United Fishermen of Alaska (UFA)                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of the concept of HB                                                                
365.                                                                                                                            
                                                                                                                                
DARCY ETCHEVERRY, Invasive Weed Specialist                                                                                      
Fairbanks Soil & Water Conservation District                                                                                    
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 365.                                                                          
                                                                                                                                
TRISH WURTZ, PhD                                                                                                                
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 365.                                                                          
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
2:14:44 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  ERIC   FEIGE  called   the  House   Resources  Standing                                                             
Committee meeting to  order at 2:14 p.m.   Representatives Munoz,                                                               
Dick, Gardner,  Kawasaki, Seaton, and  Feige were present  at the                                                               
call to  order.   Representatives Herron,  Foster, and  P. Wilson                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
         HB 360-INTERSTATE MINING COMPACT & COMMISSION                                                                      
                                                                                                                                
2:15:22 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE announced  that the first order  of business would                                                               
be HOUSE  BILL NO.  360, "An Act  enacting the  Interstate Mining                                                               
Compact and relating  to the compact; relating  to the Interstate                                                               
Mining Commission; and providing for an effective date."                                                                        
                                                                                                                                
2:15:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BOB LYNN, Alaska  State Legislature, introduced HB                                                               
360  on behalf  of the  House State  Affairs Standing  Committee,                                                               
sponsor.  He  said the mining industry has  been historically the                                                               
cornerstone  of  Alaska's  economy   and  is  getting  even  more                                                               
significant.   Currently,  Alaska has  seven operating  mines and                                                               
employs more  than 200  people in  good, high  paying jobs.   The                                                               
Interstate  Mining Compact  Commission  (IMCC)  is a  multi-state                                                               
governmental organization  representing the natural  resource and                                                               
environmental protection interests of  its various member states.                                                               
The  compact's   purpose  is  to   advance  the   protection  and                                                               
restoration  of  land, water,  and  other  resources affected  by                                                               
mining.   The IMCC is the  collective voice of the  mining states                                                               
in Washington,  DC.   He said  HB 360  would authorize  Alaska to                                                               
participate in IMCC  as a full voting member.   Currently, Alaska                                                               
is only an associate member and cannot vote.                                                                                    
                                                                                                                                
2:17:46 PM                                                                                                                    
                                                                                                                                
ED  FOGELS,  Deputy  Commissioner, Office  of  the  Commissioner,                                                               
Department of Natural  Resources (DNR), said he  will provide his                                                               
perspective  on   HB  360  and  the   Interstate  Mining  Compact                                                               
Commission.   He pointed  out that  Alaska's mining  activity has                                                               
been significantly increasing  over the last 10  years with seven                                                               
mines  now  operating  and   significantly  contributing  to  the                                                               
economies of  the state and  local areas.   All are  working well                                                               
from an environmental perspective, in  large part due to a strong                                                               
state  permitting  and  regulatory   process.    Along  with  the                                                               
increased mining  activity has  been increased  public discussion                                                               
about  mining  and its  impacts,  and  some have  questioned  the                                                               
strength of  Alaska's permitting  process.  While  [DNR] believes                                                               
it  is a  strong process,  it also  believes the  process can  be                                                               
improved and strengthened.  Per  the governor's initiative, [DNR]                                                               
is scrubbing its permitting processes from top to bottom.                                                                       
                                                                                                                                
2:19:09 PM                                                                                                                    
                                                                                                                                
MR. FOGELS  said one  key thing  DNR is working  on in  trying to                                                               
improve  its permitting  process  for mining  and other  resource                                                               
sectors is  improving its relationship with  the federal agencies                                                               
and  the  federal  government.    This  is  because  the  federal                                                               
processes are  typically the timeline  drivers for each  of these                                                               
resource  development projects,  and that  is why  the Interstate                                                               
Mining  Compact  Commission  is  so important  to  the  State  of                                                               
Alaska.  He said the  Interstate Mining Compact Commission brings                                                               
together the  mining and  environmental regulatory  programs from                                                               
25 member  states and  the IMCC  is a  very robust  mechanism for                                                               
information  exchange.     Additionally,  the  Interstate  Mining                                                               
Compact Commission  brings with  it the full  force of  25 states                                                               
when  it talks  with  congressmen and  testifies  at hearings  in                                                               
Washington, DC.   In addition to  being a very powerful  voice in                                                               
Congress,  the  IMCC  has  discussions  with  federal  permitting                                                               
agencies at the headquarters level in Washington, DC.                                                                           
                                                                                                                                
2:21:35 PM                                                                                                                    
                                                                                                                                
MR. FOGELS  provided an example  of how  the IMCC has  helped the                                                               
interests of the  states and Alaska in particular.   Recently the                                                               
U.S. Environmental Protection Agency  (EPA) started an initiative                                                               
where  it is  looking at  possibly taking  over bonding  for hard                                                               
rock  mining  in   the  nation.    All  the   mining  states  are                                                               
tremendously worried  about this  initiative because  the bonding                                                               
piece is  the very end  of a long  permitting process and  if EPA                                                               
takes  over that  bonding piece  it  threatens to  take over  the                                                               
entire permitting process by the other  states.  He said the IMCC                                                               
has done  a spectacular  job of bringing  all states  together to                                                               
dialog  with  EPA, to  debate,  to  provide information,  and  to                                                               
educate  the EPA  on what  is actually  involved in  developing a                                                               
bond for a significant hard rock mine.                                                                                          
                                                                                                                                
MR. FOGELS noted  he is currently the governor's  designee to the                                                               
Interstate  Mining Compact  Commission and  in this  role he  has                                                               
seen the benefits Alaska has  gained from this organization as an                                                               
associate member.  He said HB  360 is a good piece of legislation                                                               
and Alaska  would be very well  served by becoming a  full member                                                               
of the Interstate Mining Compact Commission.                                                                                    
                                                                                                                                
2:22:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  asked why  Alaska has  not joined  the                                                               
Interstate Mining Compact Commission before.                                                                                    
                                                                                                                                
MR. FOGELS replied Alaska has  been an associate member for about                                                               
six years  and he  thinks the  reason Alaska  has not  joined the                                                               
IMCC to date is that it is  not an easy process because the state                                                               
must pass legislation.   There is also a  fiscal consideration to                                                               
becoming a  full member because  the dues  go up.   He understood                                                               
the fiscal  note is $60,000  with $40,000 of  that for dues.   He                                                               
explained that a  complicated dues formula is  spread out amongst                                                               
all the  states - half  is spread  out evenly between  the states                                                               
and  half  is  pro-rated  depending   on  the  value  of  mineral                                                               
production in  each state.   He  added that  in recent  years the                                                               
level of engagement with the  federal agencies has really gone up                                                               
as Alaska  tries to get  resource development  projects permitted                                                               
within  the state.   Alaska  must work  smarter with  the federal                                                               
agencies,  which  has elevated  the  importance  of the  IMCC  to                                                               
Alaska.                                                                                                                         
                                                                                                                                
2:24:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI,  noting  that  five  other  states  are                                                               
associate members,  inquired what the  benefits are and  what the                                                               
difference  is  between being  an  associate  member and  a  full                                                               
member.                                                                                                                         
                                                                                                                                
MR. FOGELS  responded the single  biggest benefit is  that Alaska                                                               
would be a  voting member.  Right now Alaska  participates in all                                                               
the meetings,  a tremendous value with  the information exchange,                                                               
but it  does not participate as  a voting member sitting  on some                                                               
of the  committees.  He added  he thinks it important  for Alaska                                                               
to  pay its  dues  to  this organization  because  the more  full                                                               
members the more powerful IMCC's voice in Washington, DC.                                                                       
                                                                                                                                
REPRESENTATIVE  KAWASAKI  asked  what  things  a  member  of  the                                                               
Interstate Mining Compact Commission would actually vote on.                                                                    
                                                                                                                                
MR. FOGELS answered  he could provide details in  this regard but                                                               
deferred  to IMCC  executive director  Gregory Conrad  to provide                                                               
the information.                                                                                                                
                                                                                                                                
2:25:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KAWASAKI  drew attention to the  IMCC's Interstate                                                               
Mining Compact  background paper which  states on page 1  that by                                                               
adopting  the compact  the member  states obligate  themselves to                                                               
undertake and  maintain certain types  of programs.   He inquired                                                               
what those programs would be.                                                                                                   
                                                                                                                                
MR. FOGELS  replied predominantly  those are  regulatory programs                                                               
for the mining  industry.  When the compact was  first enacted in                                                               
the 1960s  and 1970s  the state  of environmental  regulation for                                                               
mining was  nowhere near what it  is today.  The  original intent                                                               
of the compact  was to get the states together  to develop strong                                                               
mine regulatory and  permitting programs.  At  this point, Alaska                                                               
has already  built its environmental  regulatory program  for the                                                               
mining industry, so has already met that part of the obligation.                                                                
                                                                                                                                
REPRESENTATIVE KAWASAKI  asked whether Alaska would  be obligated                                                               
to adopt  more stringent  regulations if the  IMCC were  to adopt                                                               
regulations more stringent than the state's.                                                                                    
                                                                                                                                
MR. FOGELS responded the state would  not be obligated to that at                                                               
all.  He said he thinks  there is a provision specifically in the                                                               
compact  language that  nothing in  the compact  can supersede  a                                                               
state's laws or regulations.                                                                                                    
                                                                                                                                
2:27:24 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON inquired  whether the IMCC is  just commenting or                                                               
is it  negotiating with the  federal government in regard  to the                                                               
EPA bonding issue.  If the  IMCC is negotiating, he asked whether                                                               
Alaska  be  more  bound  by   that  agreement  with  the  federal                                                               
government as a voting member than as a non-voting member.                                                                      
                                                                                                                                
MR. FOGELS answered  he does not believe Alaska would.   The role                                                               
IMCC has played  in the bonding initiative has been  to bring the                                                               
states together and call the EPA  to meetings with all the states                                                               
by  teleconference  and in  person,  and  the commission  submits                                                               
comments on  behalf of  all the states  to the  federal agencies.                                                               
So,  the negotiation  that goes  on is  with the  states and  the                                                               
federal agency.   It is  sort of an  advisory role so  nothing is                                                               
binding.   The idea is to  talk sense into a  federal agency that                                                               
is working  some initiative  that may be  adverse to  the states'                                                               
interests.   Whatever that federal  agency ends up doing  is what                                                               
will be binding on all the state in the end.                                                                                    
                                                                                                                                
2:29:00 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON  surmised  the   Interstate  Mining  Compact  is                                                               
different than  other compacts where restrictions  in the compact                                                               
apply to all  member states, so Alaska would not  be bound by the                                                               
Interstate Mining Compact.                                                                                                      
                                                                                                                                
MR.   FOGELS  concurred,   saying  the   IMCC  is   an  advisory,                                                               
facilitating,  and  lobbying  body  for  the  states'  regulatory                                                               
programs.   It  does not  pass any  rules or  requirements beyond                                                               
what is in the current compact  language.  He understood the only                                                               
real  requirement is  that  Alaska has  a  regulatory program  in                                                               
place.                                                                                                                          
                                                                                                                                
2:30:14 PM                                                                                                                    
                                                                                                                                
MR.  FOGELS, in  response to  Representative Herron,  offered his                                                               
belief that Alaska  would be the first western state  to join the                                                               
Interstate Mining  Compact Commission,  although North  Dakota or                                                               
South Dakota  might be  full members.   The other  western states                                                               
are  associate members  at this  time.   In further  response, he                                                               
said his  perspective on the  reason for this  slow participation                                                               
is that  when the IMCC originated  in the 1960s and  1970s it was                                                               
primarily East Coast coal-related states,  so the IMCC had a very                                                               
strong coal focus  over the years.  Recently he  has seen a shift                                                               
to some  of the  non-coal issues, which  has been  very valuable.                                                               
More of the western states are  now starting to pay attention and                                                               
realize  that  the IMCC  is  going  to  be  a valuable  tool  and                                                               
organization  to join.    At  least two  or  three other  western                                                               
states are actively pursuing full membership at this time.                                                                      
                                                                                                                                
MR. FOGELS,  in response to Representative  Munoz, explained that                                                               
the commission's  advocacy is for issues  and regulatory programs                                                               
of the states and not for specific projects.                                                                                    
                                                                                                                                
2:32:59 PM                                                                                                                    
                                                                                                                                
GREGORY  CONRAD, Executive  Director,  Interstate Mining  Compact                                                               
Commission (IMCC),  offered testimony in  support of HB 360.   He                                                               
noted  Alaska has  been an  associate  member of  the IMCC  since                                                               
2006, during which time the  state has learned about the benefits                                                               
and services provided  by IMCC.  On the basis  of this experience                                                               
the state  has chosen  to move  forward with HB  360 to  become a                                                               
full IMCC member.  He explained  that upon becoming a full member                                                               
through the enactment of HB 360,  Alaska would have a formal vote                                                               
in guiding  the direction of the  compact.  Alaska would  also be                                                               
in a position to chair  the compact's various standing committees                                                               
and help lead the compact  in directions favorable to both Alaska                                                               
and the other member states.   Alaska would continue to enjoy the                                                               
other benefits  to which it  has been  exposed over the  past six                                                               
years,  including access  to all  IMCC communications,  meetings,                                                               
programs, and initiatives.                                                                                                      
                                                                                                                                
MR. CONRAD  said Alaska's  participation as  a full  member would                                                               
also  be understood  by  those who  work with  the  compact on  a                                                               
regular  basis, including  Congress  and federal  agencies.   The                                                               
presence of IMCC in Washington,  DC, allows it to monitor federal                                                               
agency and  congressional initiatives  that might  impact states'                                                               
rights  as well  as  development constraints  on mineral  issues.                                                               
Alaska's participation  in the  IMCC would  open avenues  for the                                                               
state  to be  heard in  unique  and valuable  ways not  otherwise                                                               
available to  it and to  be supported  with the clout  that comes                                                               
from 24  states speaking together as  one voice.  Since  the IMCC                                                               
focuses  solely on  mining and  related environmental  protection                                                               
issues with  the federal government,  it is able to  delve deeper                                                               
into the mining-related concerns that matter most to Alaska.                                                                    
                                                                                                                                
2:36:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI  again  drew  attention  to  the  IMCC's                                                               
Interstate Mining Compact background  paper which states [on page                                                               
1]  that  by adopting  the  compact  the member  states  obligate                                                               
themselves to  undertake and maintain certain  types of programs.                                                               
He asked  whether Mr.  Conrad has reviewed  Alaska's laws  to see                                                               
whether the state currently has those programs in place.                                                                        
                                                                                                                                
MR. CONRAD  replied the key  aspect of this  is that the  IMCC is                                                               
not a regulatory  body, so the organization does not  as a matter                                                               
of course require  regulation by the states.   The IMCC advocates                                                               
and encourages  states to develop  regulatory and  other programs                                                               
in the area  of mineral resource development  and protection that                                                               
would demonstrate  leadership by the  states in these areas.   He                                                               
said his understanding is that  Alaska's laws and regulations are                                                               
in very good stead.                                                                                                             
                                                                                                                                
2:37:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI  noted that  of  the  19 current  member                                                               
states and  5 associate members,  3 of  the top 10  mining states                                                               
are  absent -  the  western states  of  Arizona, California,  and                                                               
Montana.    Additionally,  Colorado   and  New  Mexico  are  only                                                               
associate members.   He  inquired why other  states have  not yet                                                               
joined given how long the IMCC has been around.                                                                                 
                                                                                                                                
MR. CONRAD  concurred with  Mr. Fogels'  statement that  when the                                                               
IMCC began  in the 1960s  and 1970s  it was primarily  focused on                                                               
coal-related issues.   National  legislation, the  Surface Mining                                                               
Control  and Reclamation  Act  [of 1977],  was  critical for  the                                                               
states because  it had  a state  lead concept.   The  coal states                                                               
were the  initial states that  joined and formed the  compact and                                                               
advocated  for   many  of  the   key  legislative   proposals  in                                                               
Washington, DC.   Over time the  IMCC has expanded its  scope and                                                               
focus beyond coal  issues.  The current focus  in Washington, DC,                                                               
is as  much on non-coal and  hard rock issues as  on coal issues.                                                               
Over the last 10-15 years the  western states have seen the value                                                               
of  being part  of  an  organization that  is  focused solely  on                                                               
mining issues  for the  states.   Therefore, more  western states                                                               
are  becoming involved  in IMCC,  beginning with  New Mexico  and                                                               
recent  associate member,  Colorado.    He said  he  has been  in                                                               
negotiations   and  discussions   with  Arizona,   Colorado,  and                                                               
Montana.   He met with  Nevada's mineral resources  committee two                                                               
weeks  ago and  Nevada is  seriously considering  coming in  as a                                                               
member state.  It is a  process for becoming involved.  The newer                                                               
associate member states have gained  an understanding of the work                                                               
of the  compact and are now  moving toward full membership.   The                                                               
IMCC  is working  on development  of legislation  in New  Mexico,                                                               
Colorado, and Utah and it is  a matter of finding the appropriate                                                               
opportunity to introduce bills that are currently in draft form.                                                                
                                                                                                                                
2:40:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON asked whether  IMCC is just now starting                                                               
to get new members since the original group of coal states.                                                                     
                                                                                                                                
MR. CONRAD  responded the newest  members joining are  almost all                                                               
western  members with  hard rock  influence, which  has been  the                                                               
impetus for  their interest.   The newest  member states  are the                                                               
ones  similarly situated  to Alaska  regarding issues,  concerns,                                                               
and regulatory focus.                                                                                                           
                                                                                                                                
REPRESENTATIVE P. WILSON clarified she  is asking whether any new                                                               
states have already entered IMCC  or are new states just starting                                                               
to enter  the organization.   She inquired  whether the  19 [full                                                               
member]  states are  the  original coal  states  and whether  the                                                               
associate  members are  thinking about  joining because  the IMCC                                                               
has expanded [its focus].                                                                                                       
                                                                                                                                
MR. CONRAD  answered it has been  a process by which  states have                                                               
become  exposed  to  and  become  involved  in  the  IMCC.    The                                                               
originating legislation  required four states for  the compact to                                                               
be in place and effective.   Kentucky was the first state to join                                                               
in  1966, followed  by  Pennsylvania,  North Carolina,  Oklahoma,                                                               
West Virginia, and  South Carolina.  North and  South Carolina do                                                               
not  have coal  development,  so  a number  of  states have  been                                                               
involved  that  do  not  have  coal.   This  newest  impetus  for                                                               
becoming involved  began in 2000  with New Mexico and  on through                                                               
2007 with Colorado.   Now, Nevada and Montana are  looking at the                                                               
IMCC.                                                                                                                           
                                                                                                                                
2:43:54 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON   noted  Alaska  is  considering   several  coal                                                               
deposits for  strip mining  and is  considering several  open pit                                                               
prospects as well as several  underground prospects for hard rock                                                               
mining.  He asked whether Mr.  Conrad is referring to open pit or                                                               
underground  mining  when referring  to  hard  rock mining.    He                                                               
further asked  whether Alaska's interests would  align with those                                                               
of the other 19 voting states.                                                                                                  
                                                                                                                                
MR. CONRAD believed they  do align.  He said the  IMCC has a very                                                               
broad range of interests from the  states in all types of mining.                                                               
So,  when he  says "hard  rock", perhaps  "non-coal" may  be more                                                               
embracing,  as  well  as  the   different  methods  of  mining  -                                                               
underground,  surface, open  pit.   The  work of  the compact  is                                                               
generally  driven by  the  national issues  that  are before  the                                                               
federal  agencies or  Congress;  for example,  the bonding  issue                                                               
mentioned by Mr.  Fogels, which pervades all types  of mining and                                                               
minerals.   Another area IMCC  is working  on is mine  safety and                                                               
health  legislation, which  embraces both  coal and  non-coal and                                                               
different types of mines and mining.   The IMCC has been involved                                                               
with the issue of coal waste  and coal combustion waste and other                                                               
kinds of  mine waste.   Depending upon  where the issue  is being                                                               
driven from,  the IMCC  covers a plethora  of different  types of                                                               
mining.   As a result, there  is interest from all  of the member                                                               
states in development of these  particular issues, whether before                                                               
Congress or agencies.  The  states find themselves generally very                                                               
well aligned when  it comes to developing IMCC's  position on any                                                               
particular legislative or regulatory  issue and the IMCC operates                                                               
generally by consensus.                                                                                                         
                                                                                                                                
2:47:53 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  related that Montana  has enacted  a prohibition                                                               
on the use  of cyanide.  He inquired whether  that issue has come                                                               
up and how it was handled or not handled at the compact level.                                                                  
                                                                                                                                
MR. CONRAD  replied that is a  good example given there  has been                                                               
concern about  the use of  cyanide at mining operations  over the                                                               
years and in the  recent past.  In the context  of the compact, a                                                               
state will  bring an issue to  the table to share  information in                                                               
terms  of how  it is  impacting  that state  from the  regulatory                                                               
perspective;  or, if  there is  a particular  rule of  a national                                                               
scope, it will give all the  states an opportunity to weigh in on                                                               
that issue.   States are usually not  positioning themselves with                                                               
respect to what is happening  in the respective states other than                                                               
being  aware  of  that  and  offering advice  and  counsel  to  a                                                               
particular state that may be  dealing with a particular challenge                                                               
associated with that issue.  Unless  it is at a national level in                                                               
terms of a  federal rule making, the compact  would generally not                                                               
be taking a  position on what is going on  in a particular state,                                                               
it is left to the state itself.                                                                                                 
                                                                                                                                
2:50:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON, noting Article  VIII of the compact, Entry                                                               
into Force  and Withdrawal, asked  whether any state has  had the                                                               
need to withdraw.                                                                                                               
                                                                                                                                
MR. CONRAD  responded the only  state to withdraw was  New Mexico                                                               
in 1983, but it rejoined in 2000.                                                                                               
                                                                                                                                
2:50:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ recollected  that a mine in  the Juneau area                                                               
experienced  many years  of difficulty  and delays  with the  US.                                                               
Army Corps  of Engineers'  404 permit.   She  asked how  the IMCC                                                               
would  help to  communicate to  the federal  agencies that  there                                                               
could be problems with the permitting in a particular situation.                                                                
                                                                                                                                
MR.  CONRAD  answered that  the  issue  of requirements  for  404                                                               
permits  has  been brought  before  the  IMCC by  several  states                                                               
struggling with  it, including  Alaska.   The benefit  is sharing                                                               
the type of challenges being faced  so the state can benefit from                                                               
the advice  of the  other states  in how  those states  have been                                                               
dealing  with the  corps.    To the  extent  that  the corps  has                                                               
recently moved forward  with a rule making  on nationwide permits                                                               
for coal mines,  the IMCC would be able to  develop a position on                                                               
that  rule making  and communicate  that  through formal  written                                                               
comments, testimony  at public hearings, and  potentially raising                                                               
it as part of congressional oversight hearings.                                                                                 
                                                                                                                                
2:52:57 PM                                                                                                                    
                                                                                                                                
MR.  FOGELS,  in  response to  Representative  Herron,  said  the                                                               
administration supports HB 360.                                                                                                 
                                                                                                                                
2:53:14 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE opened public testimony on HB 360.                                                                               
                                                                                                                                
MIKE  SATRE, Executive  Director,  Council  of Alaska  Producers,                                                               
stated  that his  nonprofit trade  association, which  represents                                                               
the  major  mines and  developmental  projects  in the  state  of                                                               
Alaska,  supports HB  360.   He  said  his organization  believes                                                               
Alaska has one  of the most rigorous permitting  processes in the                                                               
world for  mining because Alaska's  process is  rigorous, science                                                               
based,  transparent, and  predictable.   However,  what might  be                                                               
rigorous one day might  not be the next and the  only way to stay                                                               
on top  of the game is  by finding ways to  continuously improve.                                                               
One of the  ways to do that is by  sharing information with peers                                                               
and in this  case those peers are other  mining producing states.                                                               
As a  full member of the  IMCC, Alaska would be  able to exchange                                                               
information regarding  best regulatory and  reclamation practices                                                               
with states  that have  lots of experience  from mining  coal for                                                               
many years, which  is important to Alaska as it  looks to develop                                                               
new coal deposits in the state.                                                                                                 
                                                                                                                                
MR. SATRE maintained  that in regard to metal mining  this is the                                                               
chance  for Alaska  to take  the lead  amongst western  states to                                                               
show the  West how mining is  done responsibly in Alaska  and how                                                               
everybody in  the West should  be doing it.   This would  lay the                                                               
foundation  for a  properly regulated  mining economy  throughout                                                               
the West.   Rather than asking  why other states are  not part of                                                               
the  IMCC  the  question  should  be,  "How  can  Alaska  take  a                                                               
leadership role  in this?"  The  state can be a  policy leader by                                                               
being a full member of the IMCC.                                                                                                
                                                                                                                                
2:55:32 PM                                                                                                                    
                                                                                                                                
MR.  SATRE said  a  main reason  his  organization supports  full                                                               
membership  in  the  IMCC  is   echoed  on  the  IMCC  web  site.                                                               
Paraphrasing from the  site he related that the  IMCC was founded                                                               
on the premise that the mining  industry is one of the most basic                                                               
and important  to the nation.   At the same time  it is essential                                                               
that  an  appropriate balance  be  struck  between the  need  for                                                               
minerals  and the  protection of  the environment,  but the  IMCC                                                               
recognizes  that individual  states have  the power  to establish                                                               
and  maintain programs  of land  and  other resource  development                                                               
restoration regulations  appropriate to cope with  the effects of                                                               
mining.   The IMCC  would not shift  the responsibility  of these                                                               
programs.  On the other hand,  the member states believe a united                                                               
position  in  dealing  with  the  federal  government  affords  a                                                               
decided  advantage.    The commission  feels  strongly  that  the                                                               
collective voice of many is  important in its efforts to preserve                                                               
and advocate states'  rights.  Mr. Satre added that  if the State                                                               
of Alaska is going to continue  to seek primacy on permitting and                                                               
regulatory issues, the  IMCC is the most appropriate  forum to do                                                               
it from the mining industry's standpoint.                                                                                       
                                                                                                                                
REPRESENTATIVE HERRON said  he supports HB 360  and asked whether                                                               
Mr. Satre has heard of anybody opposing Alaska joining the IMCC.                                                                
                                                                                                                                
MR. SATRE answered that he personally has not.                                                                                  
                                                                                                                                
CO-CHAIR FEIGE closed public testimony  after ascertaining no one                                                               
else wished to testify.                                                                                                         
                                                                                                                                
2:57:34 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON said  he is  favorably disposed  to HB  360, but                                                               
noted he  has not heard  comment from  anyone in his  district or                                                               
from individual  mines about HB  360.   He requested the  bill be                                                               
held until he can hear from them.                                                                                               
                                                                                                                                
CO-CHAIR FEIGE  held over HB  360 and said  he plans to  move the                                                               
bill out of committee on 3/21/12.                                                                                               
                                                                                                                                
                HB 365-AQUATIC INVASIVE SPECIES                                                                             
                                                                                                                                
2:59:34 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE  announced that the  next order of  business would                                                               
be HOUSE  BILL NO. 365,  "An Act  relating to the  rapid response                                                               
to, and control of, aquatic invasive species."                                                                                  
                                                                                                                                
2:59:59 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON, noting  HB 365  is a  House Resources  Standing                                                               
Committee bill, explained the impetus  for the bill came from the                                                               
committee's  [1/23/12] hearing  on  invasive  species.   Pictures                                                               
were  shown at  that hearing  of Didemnum  vexillum (D.  vex), an                                                               
invasive species growing in Sitka's  Whiting Harbor.  The purpose                                                               
of HB 365  is for those times where an  invasive species is found                                                               
in a limited area; it  would provide Alaska's state agencies with                                                               
a  tool for  rapid  response  on an  emergency  basis instead  of                                                               
waiting one or  two years while the invasive  species spreads [as                                                               
happened in  Whiting Harbor].   The  bill would  not apply  to an                                                               
infestation that  is in  general or  has spread  along coastline,                                                               
but  rather to  an  invasive species  in  one limited  geographic                                                               
locality that could be resolved.                                                                                                
                                                                                                                                
3:02:19 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON pointed out that  HB 365 reads "aquatic" invasive                                                               
species, so  would apply  to inland waterways  as well  as marine                                                               
waters.   However, he continued,  when constructing the  bill the                                                               
thought  was marine  aquatic and  the question  is whether  these                                                               
emergency powers  should be provided  for inland waterways.   For                                                               
example, [northern] pike are endemic  and spreading in some areas                                                               
and the idea is not for  something that has become endemic or has                                                               
spread and  that would require  treating a massive amount  of the                                                               
environment.   Rather, the objective  is to treat  something that                                                               
is contained in a limited area, thereby nipping it in the bud.                                                                  
                                                                                                                                
3:03:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  drew attention to  the executive summary  of the                                                               
2002  "Alaska Aquatic  Nuisance Species  Management Plan"  by the                                                               
Alaska  Department  of  Fish  &  Game  (ADF&G)  included  in  the                                                               
committee packet.   He noted that page v of  the plan talks about                                                               
developing an  inter-division Alaska Invasive  Species Prevention                                                               
and  Response   Program  within  ADF&G.     However,  instead  of                                                               
emergency response  capability, the plan talks  about listing and                                                               
educating people ahead of time, as seen on page VI.                                                                             
                                                                                                                                
3:05:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER,  addressing the  eight actions  listed on                                                               
page  v   of  the  aforementioned  plan,   inquired  whether  the                                                               
following   two   actions   have   been   implemented   [original                                                               
punctuation provided with formatting changes]:                                                                                  
                                                                                                                                
         Prevent the spread of invasive species already                                                                         
     introduced into Alaska, through the identification and                                                                     
     closing of transport pathways.                                                                                             
                                                                                                                                
     Develop protocols for early detection, rapid response                                                                      
     to, control and management of new invasive species.                                                                        
                                                                                                                                
3:05:43 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON understood  the plan  has been  shelved and  not                                                               
implemented.  He  said the usual problem is  that the departments                                                               
come to  the legislature saying  an emergency response  cannot be                                                               
undertaken due to  the lack of legislative authority  to omit the                                                               
procedure of following regulations  and conducting studies before                                                               
acting.  He  pointed out HB 365 would provide  that authority for                                                               
a  geographically insulated  infestation.   For  example, HB  365                                                               
would  have  made stopping  the  D.  vex infestation  in  Whiting                                                               
Harbor a  priority and no studies  would have had to  be done for                                                               
how that would  affect other species in the harbor.   For limited                                                               
geographic areas,  long-time studies allow the  possibility of an                                                               
invasive species  spreading and  becoming endemic,  creating huge                                                               
ecological and  economic consequences.  Mariculture  in Southeast                                                               
Alaska  could  be rendered  defunct  by  the  spread of  D.  vex;                                                               
herring  fisheries could  be rendered  defunct  in bays  infested                                                               
with D.  vex because  the invasive species  could then  be spread                                                               
throughout Alaska by infected herring  nets.  The bill would give                                                               
ADF&G and the Department of  Natural Resources (DNR) the tools to                                                               
respond to  an invasive  outbreak in  a limited  geographic area,                                                               
such as a  bay, on an emergency  basis.  He added that  HB 365 is                                                               
not intended to require ADF&G  to drop everything in a management                                                               
area  to  concentrate  on  an  infested  area,  so  a  clarifying                                                               
amendment will be offered in this regard.                                                                                       
                                                                                                                                
3:11:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.   WILSON  observed  that  five   fiscal  notes                                                               
accompany HB 365 and  two of them alone add up  to $938,000.  She                                                               
suggested the  bill be  limited to marine  species to  ensure its                                                               
passage, saying  it is important  to get  a quick response  to an                                                               
invasive species  because it is unknown  how far the D.  vex from                                                               
Whiting Harbor has already traveled as  a result of the lack of a                                                               
quick response.                                                                                                                 
                                                                                                                                
CO-CHAIR  SEATON  responded  the  aforementioned is  one  of  two                                                               
forthcoming amendments  and a third amendment  clarifies that the                                                               
priority  designation is  only for  the particular  infested area                                                               
and not an entire region.  Most  of the problems with HB 365 come                                                               
from addressing both fresh and marine waters, he said.                                                                          
                                                                                                                                
3:13:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ inquired how  an ongoing emergency situation                                                               
like Whiting  Harbor would  be handled during  the time  that the                                                               
plan is being developed.                                                                                                        
                                                                                                                                
CO-CHAIR SEATON replied things have  to start someplace.  He said                                                               
the Whiting  Harbor problem  was not responded  to in  the timely                                                               
fashion it  should have been.   He further thought DNR  should be                                                               
required  to write  into mariculture  leases that  a contaminated                                                               
lease will not be compensated  for the destruction that will need                                                               
to occur to sterilize that mariculture area.                                                                                    
                                                                                                                                
CO-CHAIR FEIGE opened public testimony.                                                                                         
                                                                                                                                
3:16:26 PM                                                                                                                    
                                                                                                                                
MARK  VINSEL,  Executive  Director, United  Fishermen  of  Alaska                                                               
(UFA), noted  UFA is a  statewide trade  association representing                                                               
37  member  groups  from  fisheries  throughout  Alaska  and  its                                                               
offshore waters.   He said UFA supports HB 365  in concept, given                                                               
its awareness  of the  tremendous threat  of invasive  marine and                                                               
inland   species  and   the  potential   devastating  effect   on                                                               
fisheries.   No other  state has  as much  to lose  from invasive                                                               
species  as Alaska  -  it  is important  to  have rapid  response                                                               
abilities in advance  of something happening, which  is the basis                                                               
of  UFA's support  for  the  bill.   He  said  UFA has  supported                                                               
previous  bills  that  would  have set  up  an  invasive  species                                                               
council.   It  can be  difficult  to determine  whether an  issue                                                               
would be the  responsibility of ADF&G or DNR, but  HB 365 puts it                                                               
strongly on ADF&G.  Therefore,  UFA is very interested in ADF&G's                                                               
advice on how  best to make this work.   He thanked the committee                                                               
for introducing HB  365 and reiterated UFA's  general support for                                                               
the bill's concept.                                                                                                             
                                                                                                                                
3:18:28 PM                                                                                                                    
                                                                                                                                
DARCY  ETCHEVERRY, Invasive  Weed  Specialist,  Fairbanks Soil  &                                                               
Water Conservation  District, stated she works  with the district                                                               
to  coordinate  management  of  Elodea  in  the  Fairbanks  area.                                                               
Elodea is an aquatic invasive  plant with the potential to impact                                                               
Alaska's freshwater  resources and  fish habitat,  she explained.                                                               
When  introduced into  freshwater  systems,  Elodea can  restrict                                                               
flow,  increase  sedimentation, and  damage  fish  habitat.   The                                                               
current known  distribution of Elodea  in Alaska is limited  to a                                                               
handful of lakes and sloughs  in Anchorage, the Cordova area, and                                                               
Fairbanks, so the time to act is now.                                                                                           
                                                                                                                                
MS.  ETCHEVERRY said  a  coordinated effort  is  needed from  all                                                               
state, federal,  and private  agencies, but  so far  the response                                                               
effort has been  led by nonprofit and federal  agencies.  Support                                                               
is needed from  the state agencies managing these  waters to lead                                                               
this response  effort.   The ADF&G  2002 Alaska  Aquatic Nuisance                                                               
Species  Management Plan  outlines  how  to accomplish  effective                                                               
management and adopts the following  policies:  develop an inter-                                                               
division  Alaska  invasive  species prevention  program;  provide                                                               
leadership    and    coordination   between    state,    federal,                                                               
international    agencies,     tribes,    and    non-governmental                                                               
organizations;  and develop  protocols  for  early detection  and                                                               
rapid response to  control and manage new invasive  species.  The                                                               
plan  is an  excellent framework  to coordinate  aquatic nuisance                                                               
species management in  Alaska, but it appears few  of these tasks                                                               
have been  accomplished to date.   If the plan and  adopted ADF&G                                                               
policies  are  insufficient  to facilitate  early  detection  and                                                               
rapid response, she said  she is then in favor of  HB 365 to have                                                               
rapid response to aquatic invasive  species entered into Alaska's                                                               
administrative code.   She urged  the committee to  also consider                                                               
the cost of  implementing any invasive species  response plan and                                                               
to  provide the  agencies  with needed  resources and  personnel.                                                               
She  discouraged   the  committee  from   eliminating  freshwater                                                               
habitats  from HB  365 because  freshwater  invasive species  can                                                               
also be detrimental to fisheries and economies.                                                                                 
                                                                                                                                
3:21:20 PM                                                                                                                    
                                                                                                                                
TRISH WURTZ, PhD,  noted she is testifying as  a private citizen,                                                               
but  that she  is  a  member of  the  Fairbanks Cooperative  Weed                                                               
Management Area.   She said ADF&G's 2002  Alaska Aquatic Nuisance                                                               
Species  Management Plan  has excellent  descriptions about  what                                                               
the  department planned  to  do to  prevent  the introduction  of                                                               
invasive  species  and eradicate  them  as  quickly as  possible.                                                               
However, she reported,  very little of what was  described in the                                                               
plan has actually been undertaken.   Of particular concern is the                                                               
invasive  aquatic  plant  Elodea  that  was  discovered  in  2010                                                               
growing in Chena Slough near Fairbanks.                                                                                         
                                                                                                                                
DR.  WURTZ  illustrated  the seriousness  of  this  discovery  by                                                               
reviewing  what  other states  have  gone  through with  invasive                                                               
aquatic  plants.   Hydrilla,  a  close  relative of  Elodea,  was                                                               
introduced to Florida in the 1960s  and within 20 years it spread                                                               
throughout the state.   Boating and swimming can  no longer occur                                                               
in  the worst  infested lakes,  nor  can fishing  because a  line                                                               
cannot be  drawn through  the water.   Additionally,  fish cannot                                                               
survive because Hydrilla fills the lake  from top to bottom.  The                                                               
State of  Florida now spends  $20 million per year  solely trying                                                               
to control Hydrilla.  Learning  from Florida's failure to respond                                                               
quickly,  the State  of Minnesota  did act  quickly when  in fall                                                               
2007 Elodea was found growing  in a single lake near Minneapolis.                                                               
Minnesota's Department  of Natural  Resources mapped  and treated                                                               
the infestation with aquatic herbicides  within two months of its                                                               
discovery.   In  Idaho an  infestation of  Hydrilla was  found in                                                               
December 2007  in the Bruneau River.   In three months  the Idaho                                                               
Department  of Agriculture  treated and  successfully killed  the                                                               
infestation with  aquatic herbicide  and mechanical pulling.   In                                                               
upstate New York  an infestation of Hydrilla was  found in August                                                               
2011 in one of the Finger Lakes.   By October 2011 a coalition of                                                               
groups had worked together to  treat the infestation with aquatic                                                               
herbicide  and  had  petitioned  the  state  legislature  for  $1                                                               
million to kill the infestation completely.                                                                                     
                                                                                                                                
DR.  WURTZ said  the  aforementioned states  understand what  the                                                               
term rapid  response means.   In contrast, since the  August 2010                                                               
discovery of  Elodea in  the Fairbanks area,  all that  ADF&G has                                                               
done  is to  grudgingly attend  a few  meetings.   The department                                                               
needs to  get to  work and demonstrate  real leadership  and true                                                               
rapid response in defense of  Alaska's freshwater resources.  She                                                               
urged the  committee not to  give up the freshwater  component of                                                               
HB 365.   She said she strongly supports the  section of the bill                                                               
that  says rapid  response  shall be  given  priority over  other                                                               
activities of the department.                                                                                                   
                                                                                                                                
3:25:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON  reported that the owner  of the aquatic                                                               
farm  in Whiting  Harbor  offered  to take  care  of  the D.  vex                                                               
infestation and estimated it would  cost about $30,000.  However,                                                               
a state or federal  agency - she did not know  which - forbid the                                                               
owner from  doing so  and now  he has  completely lost  the farm.                                                               
She  asked whether  there is  a way  to provide  that the  person                                                               
involved can help with the eradication efforts.                                                                                 
                                                                                                                                
CO-CHAIR SEATON responded  the rapid response is  not dictated in                                                               
HB  365,   but  it  does   dictate  that   chemical,  biological,                                                               
mechanical or physical methods, singly  or in combination, can be                                                               
used in that  limited geographic area.  He said  there is nothing                                                               
in  the  bill  that  would  preclude  a  farm  owner  from  doing                                                               
something.  The hope is that  the plan developed by ADF&G will be                                                               
inclusive enough to  allow the most rapid response  possible.  He                                                               
reiterated that  the Department of Natural  Resources (DNR) needs                                                               
to include in its mariculture  permits the recognition that there                                                               
will not be  a long court battle and an  infestation in a limited                                                               
area will be taken care of right way regardless of any damage.                                                                  
                                                                                                                                
REPRESENTATIVE  GARDNER stated  a  way must  be  found to  ensure                                                               
people  will  not be  so  afraid  of  an invasive  species  being                                                               
discovered that  they try to hide  it; people must be  willing to                                                               
quickly come forward in those cases where they have an interest.                                                                
                                                                                                                                
3:30:02 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON   moved  to  adopt  Amendment   1,  labeled  27-                                                               
LS1439\A.1,  Bullard,  3/16/12,   written  as  follows  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Page 2, line 11:                                                                                                           
          Delete   "activities   of   the   department   and                                                                    
     activities regulated by the department"                                                                                    
          Insert "activities regulated by the department in                                                                     
     that limited or isolated geographic area"                                                                                  
                                                                                                                                
CO-CHAIR FEIGE objected for discussion purposes.                                                                                
                                                                                                                                
3:30:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GARDNER  inquired   about  instances   in  which                                                               
something is discovered that is not confined to a limited area.                                                                 
                                                                                                                                
CO-CHAIR  SEATON  answered that  an  invasive  species which  has                                                               
become endemic or  spread into many areas along  the coast cannot                                                               
be eradicated  by an  emergency response.   He reported  that the                                                               
bill's  original   language  has  been  misinterpreted   to  mean                                                               
[ADF&G's] activities  and activities regulated by  [ADF&G] within                                                               
an entire  management area.  Rather,  the intent is that  when an                                                               
invasive species is  identified in a bay the  other activities in                                                               
that  bay will  become secondary  and emergency  response can  be                                                               
done to ensure the invasive  species does not spread [beyond that                                                               
bay], which is what Amendment 1 attempts to accomplish.                                                                         
                                                                                                                                
CO-CHAIR FEIGE  removed his  objection.   There being  no further                                                               
objection, Amendment 1 was adopted.                                                                                             
                                                                                                                                
3:32:25 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  moved to adopt  Conceptual Amendment  2, written                                                               
as follows [original punctuation provided]:                                                                                     
                                                                                                                                
         Add "marine" before "aquatic invasive species"                                                                         
     throughout the bill                                                                                                        
                                                                                                                                
CO-CHAIR SEATON added that this  would also apply to the language                                                               
on  page  [2],  line  19,  such that  "or  freshwater"  would  be                                                               
removed.                                                                                                                        
                                                                                                                                
CO-CHAIR FEIGE objected for discussion purposes.                                                                                
                                                                                                                                
3:33:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ observed  the  fiscal  analysis includes  a                                                               
freshwater  species.   She asked  whether  insertion of  "marine"                                                               
would change that focus of going after freshwater plants.                                                                       
                                                                                                                                
CO-CHAIR SEATON replied Conceptual  Amendment 2 would remove that                                                               
freshwater plant, as  well as pike and  other freshwater species,                                                               
from the bill.   He said he agrees with  the people who testified                                                               
that it  is necessary to  address freshwater plants, but  said it                                                               
may add  so much  weight to the  bill that it  will be  unable to                                                               
move  through the  legislature because  most of  the fiscal  note                                                               
comes from the freshwater.                                                                                                      
                                                                                                                                
3:35:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  asked whether  Co-Chair Seaton  is saying                                                               
the odds  of passing HB  365 will decrease if  freshwater species                                                               
are not removed  from the bill.  She said  she opposes Conceptual                                                               
Amendment 2  for the reason  stated earlier by Co-Chair  Seaton -                                                               
that addressing  invasive species  must start somewhere  and this                                                               
statement would include the freshwater species.                                                                                 
                                                                                                                                
CO-CHAIR  SEATON responded  he would  prefer to  not propose  the                                                               
amendment for the  same reason; however, the weight  of trying to                                                               
deal  with  the  diversity   of  emergency  regulations  applying                                                               
throughout  all the  freshwaters  of the  state,  along with  the                                                               
fiscal note,  would complicate the  bill such that  nothing would                                                               
be done.   He  said he  is hoping the  state will  not be  in the                                                               
position of  having an invasive species  and it being said  it is                                                               
the legislature's  fault for not  having something in  place that                                                               
could  have rapidly  dealt with  the species.   Therefore,  he is                                                               
reluctantly  offering   the  amendment   because  he   thinks  it                                                               
necessary for the bill to move.                                                                                                 
                                                                                                                                
3:37:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI stated  that taking  out the  freshwater                                                               
portion misses  a big point  of the  discussion and is  bad state                                                               
policy, so he will vote against the amendment.                                                                                  
                                                                                                                                
REPRESENTATIVE P. WILSON agreed  with Representatives Gardner and                                                               
Kawasaki, but pointed  out that the freshwater  portion would add                                                               
seven positions.   While it  is a shame it  must be looked  at in                                                               
this way, she said she will vote for the amendment.                                                                             
                                                                                                                                
REPRESENTATIVE MUNOZ said the focus  needs to be on the immediate                                                               
threats and  the inland  aquatic threats are  very serious.   She                                                               
added  that this  is one  of the  key issues  western states  are                                                               
talking about.   The State of  Montana has established a  fund of                                                               
$10  million for  responding  to emergencies.    She said  Alaska                                                               
needs to move forward with all  of the identified species and she                                                               
will therefore not vote for the amendment.                                                                                      
                                                                                                                                
3:39:50 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE removed his objection.                                                                                           
                                                                                                                                
REPRESENTATIVE GARDNER  said she will support  the amendment, but                                                               
she would  like to consider  the other part of  the bill to  be a                                                               
template for  getting started  and that  the lessons  learned for                                                               
how best to respond will be expanded to inland waters.                                                                          
                                                                                                                                
REPRESENTATIVE KAWASAKI maintained his objection.                                                                               
                                                                                                                                
A  roll call  vote was  taken.   Representatives Herron,  Foster,                                                               
Gardner,  P.  Wilson,  Feige,  and   Seaton  voted  in  favor  of                                                               
Conceptual  Amendment  2.   Representatives  Munoz  and  Kawasaki                                                               
voted against it.  Therefore,  Conceptual Amendment 2 was adopted                                                               
by a vote of 6-2.                                                                                                               
                                                                                                                                
3:41:17 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE kept  public testimony  open and  in response  to                                                               
Representative Munoz  said he is  holding over HB 365  because he                                                               
would like  to get an answer  from ADF&G regarding the  status of                                                               
its 2002 Alaska Aquatic Nuisance Species Management Plan.                                                                       
                                                                                                                                
CO-CHAIR SEATON  said he would like  to ask DNR to  address a way                                                               
to enfold in  its permits emergency response  to invasive species                                                               
in localized areas.                                                                                                             
                                                                                                                                
REPRESENTATIVE MUNOZ  requested that ADF&G provide  the committee                                                               
with an update of the Whiting Harbor situation.                                                                                 
                                                                                                                                
REPRESENTATIVE KAWASAKI said  he would like ADF&G  to address how                                                               
money could be  saved in the fiscal note so  that both marine and                                                               
freshwater aquatic invasive species could be addressed.                                                                         
                                                                                                                                
CO-CHAIR FEIGE held over HB 365.                                                                                                
                                                                                                                                
3:43:36 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Resources Standing Committee meeting was adjourned at 3:43 p.m.                                                                 

Document Name Date/Time Subjects
HB0360A.pdf HRES 3/19/2012 1:00:00 PM
HB 360
HB 360 Sponsor Statement.pdf HRES 3/19/2012 1:00:00 PM
HB 360
HB 360 Sectional Analysis.pdf HRES 3/19/2012 1:00:00 PM
HB 360
HB360-DNR-MLW-03-15-12.pdf HRES 3/19/2012 1:00:00 PM
HB 360
IMCC Background Information.pdf HRES 3/19/2012 1:00:00 PM
Leg. Research Interstate Compacts In AK Statute.pdf HRES 3/19/2012 1:00:00 PM
HB0365A.pdf HRES 3/19/2012 1:00:00 PM
HB 365
HB 365 Sponsor Statement.pdf HRES 3/19/2012 1:00:00 PM
HB 365
HB 365 Amendment A.1.PDF HRES 3/19/2012 1:00:00 PM
HB 365
Dvex Presentation by UAS 1.23.12.pdf HRES 3/19/2012 1:00:00 PM
CSG Capitol Ideas feature article on Aquatic Invasive Species I.pdf HRES 3/19/2012 1:00:00 PM
CSG Capitol Ideas feature article on Aquatic Invasive Species II.pdf HRES 3/19/2012 1:00:00 PM
HB365 UFA Letter of Support.pdf HRES 3/19/2012 1:00:00 PM
HB 365
HB365-DEC-SWM-03-15-12.pdf HRES 3/19/2012 1:00:00 PM
HB 365
HB365-DEC-WQ-03-15-12.pdf HRES 3/19/2012 1:00:00 PM
HB 365
HB365-DFG-SFD-03-16-12.pdf HRES 3/19/2012 1:00:00 PM
HB 365
HB365-DHSS-EPI-3-16-12.pdf HRES 3/19/2012 1:00:00 PM
HB 365
HB365-DNR-AG-03-17-12.pdf HRES 3/19/2012 1:00:00 PM
HB 365
HB365 Comment - Wurtz.PDF HRES 3/19/2012 1:00:00 PM
HB 365
HB360 IMCC Testimony.pdf HRES 3/19/2012 1:00:00 PM
HB 360
HB365 Support - Anch Park Foundation.pdf HRES 3/19/2012 1:00:00 PM
HB 365
HB 365 Conceptual Amend - Seaton.docx HRES 3/19/2012 1:00:00 PM
HB 365