Legislature(2017 - 2018)BARNES 124

02/23/2018 01:00 PM RESOURCES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 267 RELEASE HUNTING/FISHING RECORDS TO MUNI TELECONFERENCED
Moved CSHB 267(RES) Out of Committee
-- Public Testimony --
+= HB 305 OIL/HAZARDOUS SUB.:CLEANUP/REIMBURSEMENT TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                       February 23, 2018                                                                                        
                           1:04 p.m.                                                                                            
                                                                                                                                
  MEMBERS PRESENT                                                                                                             
                                                                                                                                
  Representative Andy Josephson, Co-Chair                                                                                       
  Representative John Lincoln, Vice Chair                                                                                       
  Representative Harriet Drummond                                                                                               
  Representative Justin Parish                                                                                                  
  Representative Chris Birch                                                                                                    
  Representative George Rauscher                                                                                                
  Representative David Talerico                                                                                                 
                                                                                                                                
  MEMBERS ABSENT                                                                                                              
                                                                                                                                
  Representative Geran Tarr, Co-Chair                                                                                           
  Representative DeLena Johnson                                                                                                 
  Representative Mike Chenault (alternate)                                                                                      
  Representative Chris Tuck (alternate)                                                                                         
                                                                                                                                
  COMMITTEE CALENDAR                                                                                                          
                                                                                                                                
  HOUSE BILL NO. 267                                                                                                            
  "An Act  requiring the release  of certain records  relating to                                                               
  big  game  hunters,  guided hunts,  and  guided  sport  fishing                                                               
  activities   to  municipalities   for  verification   of  taxes                                                               
  payable; and providing for an effective date."                                                                                
                                                                                                                                
       - MOVED CSHB 267(RES) OUT OF COMMITTEE                                                                                   
                                                                                                                                
  HOUSE BILL NO. 305                                                                                                            
 "An Act relating to oil and hazardous substances and waiver of                                                                 
 cost recovery for containment and cleanup of certain releases;                                                                 
  and providing for an effective date."                                                                                         
                                                                                                                                
       - HEARD & HELD                                                                                                           
                                                                                                                                
  PREVIOUS COMMITTEE ACTION                                                                                                   
                                                                                                                                
  BILL: HB 267                                                                                                                
  SHORT TITLE: RELEASE HUNTING/FISHING RECORDS TO MUNI                                                                          
  SPONSOR(s): REPRESENTATIVE(s) EDGMON                                                                                          
                                                                                                                                
  01/12/18       (H)       PREFILE RELEASED 1/12/18                                                                             
  01/16/18       (H)       READ THE FIRST TIME - REFERRALS                                                                      
  01/16/18       (H)       CRA, RES                                                                                             
  01/25/18       (H)       CRA AT 8:00 AM BARNES 124                                                                            
  01/25/18       (H)       Heard & Held                                                                                         
  01/25/18       (H)       MINUTE(CRA)                                                                                          
  02/08/18       (H)       CRA AT 8:00 AM BARNES 124                                                                            
 02/08/18       (H)       Moved CSHB 267(CRA) Out of Committee                                                                  
  02/08/18       (H)       MINUTE(CRA)                                                                                          
  02/14/18       (H)       CRA RPT CS(CRA) 4DP 2NR                                                                              
 02/14/18       (H)       DP:    DRUMMOND,   LINCOLN,    KREISS-                                                                
                           TOMKINS, PARISH                                                                                      
  02/14/18       (H)       NR: TALERICO, SADDLER                                                                                
  02/16/18       (H)       RES AT 1:00 PM BARNES 124                                                                            
  02/16/18       (H)       Heard & Held                                                                                         
  02/16/18       (H)       MINUTE(RES)                                                                                          
  02/23/18       (H)       RES AT 1:00 PM BARNES 124                                                                            
                                                                                                                                
  BILL: HB 305                                                                                                                
  SHORT TITLE: OIL/HAZARDOUS SUB.:CLEANUP/REIMBURSEMENT                                                                         
  SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                  
                                                                                                                                
  01/24/18       (H)       READ THE FIRST TIME - REFERRALS                                                                      
  01/24/18       (H)       RES, FIN                                                                                             
  02/09/18       (H)       RES AT 1:00 PM BARNES 124                                                                            
  02/09/18       (H)       Heard & Held                                                                                         
  02/09/18       (H)       MINUTE(RES)                                                                                          
  02/23/18       (H)       RES AT 1:00 PM BARNES 124                                                                            
                                                                                                                                
  WITNESS REGISTER                                                                                                            
                                                                                                                                
  NIKKI REED, Assistant Finance Officer                                                                                         
  Lake and Peninsula Borough                                                                                                    
  King Salmon, Alaska                                                                                                           
    POSITION STATEMENT:  On behalf of Susan Edwards, Finance                                                                
 Officer, Lake and Peninsula Borough, read testimony in support                                                                 
  during the hearing of HB 267.                                                                                                 
                                                                                                                                
  NATHAN HILL, Manager                                                                                                          
  Lake and Peninsula Borough                                                                                                    
  King Salmon, Alaska                                                                                                           
  POSITION STATEMENT:  Testified in support during the hearing                                                                
  of HB 267.                                                                                                                    
                                                                                                                                
  TIM CLARK, Staff                                                                                                              
  Representative Bryce Edgmon                                                                                                   
  Alaska State Legislature                                                                                                      
  Juneau, Alaska                                                                                                                
   POSITION STATEMENT:  Speaking on behalf of Representative                                                                  
  Edgmon, sponsor, related the sponsor's approval of proposed                                                                   
  amendments to HB 267.                                                                                                         
                                                                                                                                
                                                                                                                                
  KRISTIN RYAN, Director                                                                                                        
  Division of Spill Prevention and Response                                                                                     
  Department of Environmental Conservation                                                                                      
  Anchorage, Alaska                                                                                                             
  POSITION STATEMENT:   Answered questions during  the hearing of                                                             
  HB 305.                                                                                                                       
                                                                                                                                
  JENNIFER CURRIE, Senior Assistant Attorney General                                                                            
  Environmental Section                                                                                                         
  Civil Division(Anchorage)                                                                                                     
  Department of Law                                                                                                             
  Anchorage, Alaska                                                                                                             
  POSITION STATEMENT:   Answered questions during  the hearing of                                                             
  HB 305.                                                                                                                       
                                                                                                                                
  ACTION NARRATIVE                                                                                                            
                                                                                                                                
  1:04:06 PM                                                                                                                  
                                                                                                                                
  CO-CHAIR  ANDY JOSEPHSON  called the  House Resources  Standing                                                             
  Committee  meeting  to  order   at  1:04  p.m.  Representatives                                                               
  Josephson,  Parish, Birch,  Talerico,  Rauscher, Drummond,  and                                                               
  Lincoln were present at the call to order.                                                                                    
                                                                                                                                
         HB 267-RELEASE HUNTING/FISHING RECORDS TO MUNI                                                                     
                                                                                                                                
  1:04:46 PM                                                                                                                  
                                                                                                                                
  CO-CHAIR JOSEPHSON  announced that the first  order of business                                                               
  would be HOUSE  BILL NO. 267, "An Act requiring  the release of                                                               
  certain  records relating  to big  game hunters,  guided hunts,                                                               
  and  guided  sport  fishing activities  to  municipalities  for                                                               
  verification of  taxes payable; and providing  for an effective                                                               
  date."                                                                                                                        
                                                                                                                                
  [Before the committee was CSHB 267(CRA).]                                                                                     
                                                                                                                                
  CO-CHAIR JOSEPHSON opened public testimony.                                                                                   
                                                                                                                                
  1:05:38 PM                                                                                                                  
                                                                                                                                
  NIKKI  REED,  Assistant  Finance Officer,  Lake  and  Peninsula                                                               
  Borough,  read testimony  on behalf  of Susan  Edwards, Finance                                                               
  Officer, Lake and Peninsula Borough, as follows:                                                                              
                                                                                                                                
       Mr. Chairman and committee members,                                                                                      
                                                                                                                                
       Passage of  HB 267  would mean additional  revenue to                                                                    
       the Lake and Peninsula  Borough.  The money collected                                                                    
       would  support our  schools, their  programs, capital                                                                    
       projects,  and  as leverage  for  grants.   In  these                                                                    
       times of shrinking revenue  - sharing expenditures by                                                                    
       the state  - we and  every other borough  are looking                                                                    
       to  maximize local  revenue sources.   There  are two                                                                    
       points  I would  particularly  like to  bring to  the                                                                    
       committee's attention:   First, having access  to the                                                                    
       hunt  reports   would  help  streamline   [the]  fall                                                                    
       collection  process,  eliminate   paperwork  for  the                                                                    
       guides,  ensure   that  every  hunting   guide  doing                                                                    
       business  within  the  borough  was  paying  for  the                                                                    
       harvesting of  borough resources.   Secondly,  is the                                                                    
       issue of confidentiality that has  been raised.  Both                                                                    
       myself  and  the  assistant  finance  officer,  Nikki                                                                    
       Reed, are  members of  the Alaska  Government Finance                                                                    
       Officers  Association which  has [a]  confidentiality                                                                    
       clause  in  its code  of  ethics.    Mrs. Reed  is  a                                                                    
       licensed  paralegal   with  all  the   strictures  of                                                                    
       confidentiality that  comes with  that certification.                                                                    
       Our borough code has  its own confidentiality policy,                                                                    
       and  the  amendment  to  HB   267  which  adds  state                                                                    
       criminal  penalties.   I can  certainly speak  to the                                                                    
       integrity of our office and  believe that I can speak                                                                    
       for my  AGFOA colleagues across  the state.   We take                                                                    
       our  responsibilities  seriously   because  it  is  a                                                                    
       matter of  public trust; without that  there would be                                                                    
       no government.   Mrs. Reed  would be happy  to answer                                                                    
       any of your questions.                                                                                                   
                                                                                                                                
  1:09:31 PM                                                                                                                  
                                                                                                                                
  NATHAN HILL, Manager, Lake and  Peninsula Borough, informed the                                                               
  committee  he is  a  lifelong  Alaska resident.    He said  the                                                               
  borough supports HB 267 for  several reasons:  the borough code                                                               
  requires professional  hunting and  fishing guides  to register                                                               
  with the borough  and pay a nominal per person  per day use tax                                                               
  on professional  guides conducting  guided fishing  and hunting                                                               
  parties within  the borough boundaries;  the tax is  similar to                                                               
  those on commercial fisheries'  activities and other activities                                                               
  of commerce.  The tax  is imposed on  everyone, not  just local                                                               
  businesses, and without access to  [state] reports, the borough                                                               
  cannot  independently verify  if  the  activities reported  are                                                               
  correct.  [HB 267] would  make taxes equitable to all operators                                                               
  who are paying  taxes and complying, and fair  to residents who                                                               
  depend  on  the  resource.   He  restated  Lake  and  Peninsula                                                               
  Borough's support for the passage of HB 267.                                                                                  
                                                                                                                                
  1:11:44 PM                                                                                                                  
                                                                                                                                
  CO-CHAIR JOSEPHSON, after ascertaining no one further wished                                                                  
  to testify, closed public testimony.                                                                                          
                                                                                                                                
  1:12:23 PM                                                                                                                  
                                                                                                                                
  REPRESENTATIVE RAUSCHER moved to adopt Amendment 1, labeled                                                                   
  30-LS0808\J.4, Bullard, 2/6/18, which read:                                                                                   
                                                                                                                                
       Page 1, line 13, through page 2, line 3:                                                                                 
            Delete all material and insert:                                                                                     
                 "(2)   to a municipality that  levies a tax                                                                    
       on those activities, if the                                                                                              
                 (A)      information  concerns   hunts   or                                                                    
      activities occurring within the four calendar years                                                                       
       preceding the date of the request; and                                                                                   
                 (B)  municipality                                                                                              
                 (i)   requests the records for  the purpose                                                                    
       of verifying taxes payable; and                                                                                          
                 (ii)        agrees    to    maintain    the                                                                    
       confidentiality of the records."                                                                                         
                                                                                                                                
       Page 2, line 31, through page 3, line 2:                                                                                 
            Delete all material and insert:                                                                                     
                 "(5)   records or  reports of  guided sport                                                                
            fishing activities filed by a guide to a                                                                        
       municipality that levies a tax on those activities                                                                   
       if the                                                                                                               
                 (A)  municipality  requests the records for                                                                
       the purpose of verifying taxes payable; and                                                                          
                 (B)   activities  occurred within  the four                                                                
       calendar years preceding the date of the request;"                                                                   
                                                                                                                                
       Page 4, lines 3 - 13:                                                                                                    
            Delete all material.                                                                                                
                                                                                                                                
       Renumber the following bill section accordingly.                                                                         
                                                                                                                                
                                                                                                                                
REPRESENTATIVE DRUMMAND objected for discussion purposes.                                                                       
                                                                                                                                
REPRESENTATIVE RAUSCHER  explained Amendment 1 limits  the time a                                                               
municipality is allowed to review [state] records to four years.                                                                
                                                                                                                                
1:13:23 PM                                                                                                                    
                                                                                                                                
TIM  CLARK,  Staff,  Representative Bryce  Edgmon,  Alaska  State                                                               
Legislature,  on   behalf  of  Representative   Edgmon,  sponsor,                                                               
informed the committee Representative  Edgmon has no objection to                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND  withdrew her objection.   There being no                                                               
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
1:14:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER  moved to adopt Amendment  2, labeled 30-                                                               
LS0808\J.5, Bullard, 2/19/18, which read:                                                                                       
                                                                                                                                
     Page 2, following line 3:                                                                                                  
     Insert a new bill section to read:                                                                                         
       "* Sec. 2. AS 08.54.760 is amended by adding a new                                                                   
     subsection to read:                                                                                                        
          (d)  The department may charge a municipality a                                                                       
       fee, set by the department under AS 37.10.050, to                                                                        
     provide a record under (b)(2) of this section."                                                                            
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 4, line 10:                                                                                                           
          Delete "sec. 2"                                                                                                       
          Insert "sec. 3"                                                                                                       
                                                                                                                                
CO-CHAIR JOSEPHSON objected for discussion purposes.                                                                            
                                                                                                                                
REPRESENTATIVE   RAUSCHER  explained   Amendment  2   grants  the                                                               
Department of Commerce, Community  & Economic Development (DCCED)                                                               
the  authority  to charge  a  fee  for providing  a  municipality                                                               
access to records, in order  to help offset the additional fiscal                                                               
burden,  and  avoid the  possibility  of  additional costs  being                                                               
assessed to guides and hunters.                                                                                                 
                                                                                                                                
MR.  CLARK  said  Representative   Edgmon  has  no  objection  to                                                               
Amendment 2.                                                                                                                    
                                                                                                                                
CO-CHAIR JOSEPHSON removed his objection.                                                                                       
                                                                                                                                
1:16:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TALERICO objected for discussion purposes.                                                                       
                                                                                                                                
1:16:15 PM                                                                                                                    
                                                                                                                                
EPRESENTATIVE  RAUSCHER  informed  the  committee  he  previously                                                               
obtained approval for Amendments 1 and  2 from the sponsor of the                                                               
bill.                                                                                                                           
                                                                                                                                
1:16:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TALERICO  withdrew his objection.   There being no                                                               
further objection, Amendment 2 was adopted.                                                                                     
                                                                                                                                
1:17:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PARISH moved  to  adopt  Conceptual Amendment  3,                                                               
which read:                                                                                                                     
                                                                                                                                
     Page 2, Line 15:                                                                                                           
                                                                                                                                
     After "reports."  INSERT "The  department may  charge a                                                                    
     municipality  a fee,  set by  the  department under  AS                                                                    
     37.10.050,  to  provide  a record  under  (5)  of  this                                                                    
     subsection."                                                                                                               
                                                                                                                                
REPRESENTATIVE RAUSCHER objected for discussion purposes.                                                                       
                                                                                                                                
MR.  CLARK said  the  sponsor of  the bill  has  no objection  to                                                               
Conceptual  Amendment 3.   The  purpose  of the  amendment is  to                                                               
allow  the Alaska  Department  of  Fish &  Game,  in addition  to                                                               
DCCED, to recoup  expenses from the municipalities  for its work,                                                               
if warranted.   In response  to Co-Chair Josephson,  he confirmed                                                               
Amendments 2  and 3  merely refer  to different  departments, and                                                               
are otherwise identical.                                                                                                        
                                                                                                                                
REPRESENTATIVE RAUSCHER  removed his  objection.  There  being no                                                               
further objection, Conceptual Amendment 3 was adopted.                                                                          
                                                                                                                                
REPRESENTATIVE  RAUSCHER expressed  reservations about  excessive                                                               
data  collection  and  the   four-year  applicable  time  period;                                                               
however, he said the parties  most affected are supportive of the                                                               
bill.                                                                                                                           
                                                                                                                                
1:20:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LINCOLN  moved to report the  committee substitute                                                               
for HB  267(CRA), Version  J, as amended,  out of  committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being  no objection,  CSHB 267(RES)  was reported  from the                                                               
House Resources Standing Committee.                                                                                             
                                                                                                                                
1:21:08 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:21 p.m. to 1:23 p.m.                                                                       
                                                                                                                                
        HB 305-OIL/HAZARDOUS SUB.:CLEANUP/REIMBURSEMENT                                                                     
                                                                                                                                
1:23:33 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOSEPHSON announced  that the  final order  of business                                                               
would  be  HOUSE BILL  NO.  305,  "An  Act  relating to  oil  and                                                               
hazardous substances and waiver  of cost recovery for containment                                                               
and cleanup of  certain releases; and providing  for an effective                                                               
date."                                                                                                                          
                                                                                                                                
CO-CHAIR   JOSEPHSON   opened   public   testimony,   and   after                                                               
ascertaining no one wished to testify, closed public testimony.                                                                 
                                                                                                                                
REPRESENTATIVE  RAUSCHER  expressed  his understanding  the  bill                                                               
removes  the requirement  that [the  Department of  Environmental                                                               
Conservation  (DEC)] must  issue a  fine  to a  homeowner for  an                                                               
accidental spill.                                                                                                               
                                                                                                                                
CO-CHAIR JOSEPHSON concurred and added  the intent of the bill is                                                               
also  to  increase  homeowners'  compliance  regarding  reporting                                                               
spills and asking DEC for help.                                                                                                 
                                                                                                                                
1:26:10 PM                                                                                                                    
                                                                                                                                
KRISTIN  RYAN,   Director,  Division  of  Spill   Prevention  and                                                               
Response, DEC,  explained DEC is  required to recover all  of its                                                               
costs  associated  with  providing  assistance  to  a  homeowner;                                                               
however, DEC would prefer homeowners  use their limited resources                                                               
to clean up the spill and contact DEC for assistance.                                                                           
                                                                                                                                
REPRESENTATIVE   PARISH   questioned    whether   DEC   currently                                                               
experiences resistance when it seeks to collect its costs.                                                                      
                                                                                                                                
1:27:58 PM                                                                                                                    
                                                                                                                                
JENNIFER    CURRIE,    Senior   Assistant    Attorney    General,                                                               
Environmental Section,  Civil Division(Anchorage),  Department of                                                               
Law, deferred to Ms. Ryan.                                                                                                      
                                                                                                                                
MS. RYAN  explained homeowners  are inhibited  [by costs]  and do                                                               
not want to contact DEC and  receive a bill, thus homeowners have                                                               
often avoided contacting  DEC and DEC learns about  a release too                                                               
late  to help  a  homeowner avoid  worse  contamination and  more                                                               
expensive cleanup costs.                                                                                                        
                                                                                                                                
REPRESENTATIVE PARISH  inquired as  to how DEC  would communicate                                                               
the change  in billing  to the  public, were  the bill  to become                                                               
law.                                                                                                                            
                                                                                                                                
MS.  RYAN  was  unsure.    She  suggested  information  could  be                                                               
provided on  DEC's web  site and at  public events  notifying the                                                               
public DEC could provide assistance for free.                                                                                   
                                                                                                                                
REPRESENTATIVE BIRCH  spoke in  support of  the bill  and pointed                                                               
out  the  distinction  between   fines  and  penalties  and  cost                                                               
recovery,  noting  the  language  in  the  bill  refers  to  cost                                                               
recovery  relief.     He  urged  DEC  to   treat  all  equitably.                                                               
Representative Birch paraphrased from the  bill [page 2, lines 8-                                                               
14], as follows:                                                                                                                
                                                                                                                                
     The individual  did not  willfully or  negligently fail                                                                    
     to  comply   with  spill  prevention,   reporting,  and                                                                    
     response   requirements   and   the   individual   took                                                                    
     immediate measures  upon discovery  of the  release and                                                                    
     provides reasonable assistance in the cleanup                                                                              
                                                                                                                                
REPRESENTATIVE BIRCH suggested DEC should  "give the same sort of                                                               
latitude  to  anybody" who  has  a  problem  if  a spill  is  not                                                               
willful.                                                                                                                        
                                                                                                                                
REPRESENTATIVE TALERICO directed attention  to page 2, lines 5-7,                                                               
which read:                                                                                                                     
                                                                                                                                
     (1)  the release  was from  piping,  tankage, or  other                                                                    
     equipment  used   solely  to  provide  space   heat  or                                                                    
     electrical  power generation  for a  single-family home                                                                    
     or a  residential building with  four or  fewer housing                                                                    
     units;                                                                                                                     
                                                                                                                                
REPRESENTATIVE TALERICO advised some  of his constituents operate                                                               
successful  and   important  commercial  operations   from  their                                                               
single-family home or residential units,  and he gave an example.                                                               
He asked for clarification on  whether "homeowner" would apply to                                                               
a small business run from a person's primary residence.                                                                         
                                                                                                                                
1:33:16 PM                                                                                                                    
                                                                                                                                
MS.  RYAN  responded  the  bill is  explicitly  written  to  only                                                               
provide a  cost recovery exemption  to homeowners, and  there was                                                               
no  intention to  exempt  cost recovery  from  a professional  or                                                               
business operation.   If a  heating oil tank  was used to  heat a                                                               
primary residence  it would  be exempt,  but not  if it  was used                                                               
primarily as  a fuel source for  a business.  She  added, "But if                                                               
it's their  home, and they're using  it to heat their  home, then                                                               
this would apply."                                                                                                              
                                                                                                                                
REPRESENTATIVE PARISH suggested  the aforementioned language also                                                               
excludes homes heated  by mixed sources of fuel,  such as pellets                                                               
or wood, in addition to heating oil.                                                                                            
                                                                                                                                
MS.  RYAN opined  a  mixed fuel  situation  was not  contemplated                                                               
[during the drafting of the bill].                                                                                              
                                                                                                                                
REPRESENTATIVE  LINCOLN agreed  with  Representative Parish  that                                                               
the bill  would exclude a  home with a  wood stove and  a diesel-                                                               
fired water heater.                                                                                                             
                                                                                                                                
MS. RYAN  said DEC would  define "home"  to include a  water tank                                                               
used for residential purposes.  She deferred to legal counsel.                                                                  
                                                                                                                                
REPRESENTATIVE LINCOLN directed attention to  the bill on page 2,                                                               
line 6,  and read,  "solely to provide  space heat  or electrical                                                               
power."                                                                                                                         
                                                                                                                                
1:38:10 PM                                                                                                                    
                                                                                                                                
MS. RYAN remarked:                                                                                                              
                                                                                                                                
     From our  experience, the spills  are occurring  at ...                                                                    
     people  have tanks,  large  tanks,  that are  providing                                                                    
     heating  for their  home as  their primary  use of,  of                                                                    
     diesel  fuel.   So that's,  that was  our intent  is to                                                                    
     provide some relief in those  scenarios.  I'm not aware                                                                    
     of the  nuances you  guys are mentioning,  we're, isn't                                                                    
     something that I'm aware of  happening to this date, it                                                                    
     probably has,  but I don't  necessarily think  it would                                                                    
     be excluded from the exemption, again, if it's related                                                                     
     to the home ...                                                                                                            
                                                                                                                                
REPRESENTATIVE PARISH suggested deletion  of the word "space", on                                                               
page 2, line 6.                                                                                                                 
                                                                                                                                
MS.  RYAN  indicated  the deletion  suggested  by  Representative                                                               
Parish would not change the intent of the bill.                                                                                 
                                                                                                                                
REPRESENTATIVE  PARISH  questioned   whether  the  aforementioned                                                               
deletion would also  address a home with water  and space heating                                                               
systems powered from mixed sources of fuel.                                                                                     
                                                                                                                                
MS. RYAN said, "Yes, I think  that would be more clear that those                                                               
scenarios would also be exempt."                                                                                                
                                                                                                                                
MS.  CURRIE agreed  that elimination  of the  word "space"  would                                                               
maintain the intent of the regulations as written.                                                                              
                                                                                                                                
1:41:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PARISH  moved Conceptual  Amendment 1, to  on page                                                               
2,  line  6,  following  the  word  "provide,"  delete  the  word                                                               
"space."   He explained the  amendment would [allow  the language                                                               
of  the  bill to]  accommodate  homes  where  the space  heat  is                                                               
provided  by a  source  other  than fuel  oil,  or  homes with  a                                                               
separate fuel oil source to provide water heating.                                                                              
                                                                                                                                
CO-CHAIR JOSEPHSON  clarified the  term heat  is used  to address                                                               
either  water  or   space  heat.    There   being  no  objection,                                                               
Conceptual Amendment 1 was adopted.                                                                                             
                                                                                                                                
REPRESENTATIVE   LINCOLN   restated   Representative   Talerico's                                                               
question as to whether the  bill covers small business owners who                                                               
operate stores out of their homes.                                                                                              
                                                                                                                                
MS. CURRIE  advised on page  2, [beginning  on line 5],  the bill                                                               
states piping,  tankage, or  other equipment  must be  solely for                                                               
private purposes and not for commercial purposes.                                                                               
                                                                                                                                
CO-CHAIR  JOSEPHSON surmised  if  a spill  occurs  in a  domestic                                                               
situation there would  be no liability as  to [customers visiting                                                               
a business],  which is another distinct  difference; for example,                                                               
if  a spill  occurs at  a  commercial enterprise  there would  be                                                               
obligations to  the general  public, however,  the intent  of the                                                               
bill  is to  help  single-family residences  with  four or  fewer                                                               
housing units.                                                                                                                  
                                                                                                                                
MS. CURRIE said correct.                                                                                                        
                                                                                                                                
REPRESENTATIVE   DRUMMOND  observed   many  single-family   homes                                                               
contain small  businesses and have  offices, but the  building is                                                               
still used  as a home.   She disagreed with  DEC's interpretation                                                               
of the bill and asked for clarification.                                                                                        
                                                                                                                                
REPRESENTATIVE  RAUSCHER  pointed  out  some  businesses  in  his                                                               
district contain living space.                                                                                                  
                                                                                                                                
1:47:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LINCOLN suggested  on page  2, line  6, replacing                                                               
the word "solely" with the word "primarily."                                                                                    
                                                                                                                                
MS. RYAN stated  DEC designed criteria to focus  the [benefit] of                                                               
exemption  on homeowners  as the  primary  recipients of  relief;                                                               
however, she  said she was  not opposed  to the concept  that the                                                               
exemption would  apply to  a facility that  is primarily  a home.                                                               
Ms. Ryan opined  a commercial operation utilizing  fuel [from the                                                               
home]  as part  of a  business would  be "too  far."   She agreed                                                               
Representative  Lincoln's suggestion  would achieve  his purpose,                                                               
provided  the home  is the  main recipient  of the  fuel and  the                                                               
business does not drive up the volume of fuel used.                                                                             
                                                                                                                                
CO-CHAIR JOSEPHSON  said - if  amended - on  page 2, line  6, the                                                               
sentence would  read, "the release  was from piping,  tankage, or                                                               
other  equipment used  primarily  to provide  heat or  electrical                                                               
power, et cetera."                                                                                                              
                                                                                                                                
MS.  CURRIE  opined  the  change   would  expand  the  number  of                                                               
households  that were  exempt and  therefore, reduce  the revenue                                                               
collected by DEC.   Further, the change could  be accomplished by                                                               
a definition  of "single-family home" in  regulation, which would                                                               
provide  a   more  comprehensive  description  of   a  commercial                                                               
business in a home.  She deferred to DEC.                                                                                       
                                                                                                                                
REPRESENTATIVE DRUMMOND said the  modifying term should be placed                                                               
before single-family home.                                                                                                      
                                                                                                                                
CO-CHAIR JOSEPHSON and Representative Rauscher agreed.                                                                          
                                                                                                                                
REPRESENTATIVE PARISH further explained  the confusion created by                                                               
the misplaced modifier.                                                                                                         
                                                                                                                                
1:55:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LINCOLN moved to  adopt Conceptual Amendment 2, to                                                               
on page 2,  line 6, delete the word "solely"  and insert the word                                                               
"primarily."                                                                                                                    
                                                                                                                                
CO-CHAIR JOSEPHSON objected for discussion purposes.                                                                            
                                                                                                                                
REPRESENTATIVE LINCOLN asked whether  DEC can subsequently better                                                               
define, through regulation, questions raised by the committee.                                                                  
                                                                                                                                
MS.  CURRIE  advised  DEC would  define  single-family  home  and                                                               
residential building  to ensure it  can consider the effect  of a                                                               
commercial  business within  a single-family  home; to  solve the                                                               
problem she  urged for the  committee to focus on  the definition                                                               
of a single-family home.                                                                                                        
                                                                                                                                
CO-CHAIR   JOSEPHSON  surmised   "the   Alaska   code"  now   has                                                               
definitions for single-family and residential.                                                                                  
                                                                                                                                
MS. CURRIE related [executive branch  departments] are allowed to                                                               
codify different definitions of terms for different purposes.                                                                   
                                                                                                                                
CO-CHAIR  JOSEPHSON,   as  an   aside,  noted   executive  branch                                                               
departments   send   legislators  notifications   of   rulemaking                                                               
regulations.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TALERICO   expressed  his  confidence   in  DEC's                                                               
ability  to craft  regulations; he  reminded the  committee small                                                               
businesses  within   what  is  primarily  a   single-family  home                                                               
typically do  not operate  24 hours per  day, therefore,  most of                                                               
the  fuel  used  for  heat  or  power  generation  would  not  be                                                               
dominated by  the business,  but by the  living quarters,  and he                                                               
gave an example.  He said regulations could address this issue.                                                                 
                                                                                                                                
1:59:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND  directed   attention  to  a  supporting                                                               
document provided in the committee  packet from the Office of the                                                               
Commissioner,  DEC, which  indicated currently  150 active  sites                                                               
would  be  eligible  as  the  bill is  written.    She  expressed                                                               
interest in  "how the  homes are  being used"  at the  150 active                                                               
sites.    The Anchorage  Municipal  [Code  of Ordinances]  has  a                                                               
definition   of   single-family   homes  that   prohibits   small                                                               
businesses in a  home if the business  violates restrictions such                                                               
as generating traffic,  or signage.  She  urged Legislative Legal                                                               
Services  to  craft an  amendment  and  spoke against  Conceptual                                                               
Amendment 2.                                                                                                                    
                                                                                                                                
2:01:43 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOSEPHSON observed single-family  home is constrained by                                                               
"four or fewer housing units."                                                                                                  
                                                                                                                                
MS.  RYAN,  in  response  to Representative  Drummond,  said  the                                                               
aforementioned  active sites  are primarily  houses, and  she was                                                               
unsure as  to whether the  houses contained businesses.   Obvious                                                               
commercial operations  become known during site  inspections, and                                                               
she stated  her preference to  craft a definition  in regulation,                                                               
so DEC can  make any necessary adjustments.  When  DEC inspects a                                                               
spill, families are  overwhelmed and in need  of help; businesses                                                               
have expertise and resources a homeowner does not.                                                                              
                                                                                                                                
CO-CHAIR JOSEPHSON  opined between  the intent  of the  bill, and                                                               
court interpretation, each term may not need to be defined.                                                                     
                                                                                                                                
REPRESENTATIVE  LINCOLN  spoke  in  favor  of  the  bill  except,                                                               
according  to  the Department  of  Law,  a  small business  in  a                                                               
single-family  home may  not be  eligible;  he said  he seeks  to                                                               
ensure small  business owners and  entrepreneurs in  villages are                                                               
not penalized.                                                                                                                  
                                                                                                                                
CO-CHAIR JOSEPHSON  acknowledged small businesses exist  in homes                                                               
without  question,   but  cautioned  businesses   have  different                                                               
standards  than homes  due  to issues  such  as liability,  civil                                                               
rights laws, and wage and hour laws.                                                                                            
                                                                                                                                
REPRESENTATIVE  TALERICO  expressed  his support  for  Conceptual                                                               
Amendment 2.                                                                                                                    
                                                                                                                                
2:08:15 PM                                                                                                                    
                                                                                                                                
CO-CHAIR   JOSEPHSON  expressed   his   support  for   Conceptual                                                               
Amendment  2.    [The   committee  treated  Co-Chair  Josephson's                                                               
objection as withdrawn.]                                                                                                        
                                                                                                                                
2:08:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND objected  and restated  the modifier  is                                                               
misplaced.  In  response to Representative Lincoln,  she said the                                                               
word  "primarily"  is  not  needed  because  DEC  knows  what  it                                                               
considers to be a single-family  home.  She further discussed how                                                               
the intent  of the amendment  is affected by the  construction of                                                               
the sentence.                                                                                                                   
                                                                                                                                
There followed a short general discussion.                                                                                      
                                                                                                                                
2:11:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND  warned  further amendments  may  affect                                                               
local zoning rules  because "it could be  a primarily residential                                                               
unit if  it had  four housing units  in it and  a store  that was                                                               
operated  by somebody  who didn't  necessarily live  there.   Now                                                               
you're getting  into how  a municipality  or borough  defines its                                                               
structures ... instead  of leaving it up to  the department, then                                                               
you're ... going to get into more trouble ...."                                                                                 
                                                                                                                                
CO-CHAIR JOSEPHSON pointed out the  amendment deadline has passed                                                               
- although one conceptual amendment  was accepted - and suggested                                                               
the committee  attach to the bill  a letter to the  House Finance                                                               
Committee [committee of next referral] reflecting its concerns.                                                                 
                                                                                                                                
REPRESENTATIVE PARISH,  in response to  Representative Drummond's                                                               
earlier example,  opined Conceptual Amendment 2  would not affect                                                               
her example.                                                                                                                    
                                                                                                                                
REPRESENTATIVE LINCOLN urged for an  opportunity to work with DEC                                                               
and improve the bill.  He withdrew Conceptual Amendment 2.                                                                      
                                                                                                                                
CO-CHAIR  JOSEPHSON restated  his caution  about the  differences                                                               
between a home  and a business, and set an  amendment deadline of                                                               
12:00 p.m. [2/26/18].                                                                                                           
                                                                                                                                
HB 305 was held over.                                                                                                           
                                                                                                                                
2:18:50 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Resources Standing Committee meeting was adjourned at 2:18 p.m.                                                                 

Document Name Date/Time Subjects
HB305 Transmittal Letter 1.25.2018.pdf HRES 2/9/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HRES 2/26/2018 1:00:00 PM
HB 305
HB305 ver A 1.25.2018.pdf HRES 2/9/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HRES 2/26/2018 1:00:00 PM
HB 305
HB305 Sectional Analysis ver A 1.25.2018.pdf HRES 2/9/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HRES 2/26/2018 1:00:00 PM
HB 305
HB305 Fiscal Note DEC-SPAR 1.25.2018.pdf HRES 2/9/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HRES 2/26/2018 1:00:00 PM
HB 305
HB305 Supporting Document - Fact Sheet 1.25.2018.pdf HRES 2/9/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HRES 2/26/2018 1:00:00 PM
HB 305
HB 267 Sectional Summary--Release of Hunting and Fishing Records to Municipalities 1.12.2018.pdf HCRA 1/25/2018 8:00:00 AM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Supporting Document--Lake and Peninsula Borough Municipal Code Title 6--1.12.2018.pdf HCRA 1/25/2018 8:00:00 AM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Version D.PDF HCRA 1/25/2018 8:00:00 AM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Opposing Document - Letter from Big Game Commercial Services Board 2.16.18.pdf HRES 2/16/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Supporting Document--Yakutat Support 2.15.18.pdf HRES 2/16/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 CSHB267(CRA) Sectional Summary--Release of Hunting and Fishing Records to Municipalities 2.13.18.pdf HRES 2/16/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Supporting Document--Legal Consequences for Violating Confidentiality 2.8.18.pdf HRES 2/16/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 5 Fiscal Note HB267-DCCED-CBPL-01-19-18.pdf HRES 2/16/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 6 Fiscal Note HB267-DFG-DSF-01-19-18.pdf HRES 2/16/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 7 Fiscal Note HB267-DFG-DWC-01-19-18.pdf HRES 2/16/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 4 CSHB267(CRA) Sponsor Statement--Release of Hunting and Fishing Records to Municipalities 2.8.18.pdf HRES 2/16/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 3 Explanation of Changes--HB 267 to CSHB267(CRA) 2.8.18.pdf HRES 2/16/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 1 CSHB267(CRA), Version J.pdf HRES 2/16/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 8 Supporting Document--BBEDC Support Letter 1.26.2018.pdf HRES 2/16/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Big Game Commercial Services Board Hunt Record and Activity Report--2.8.2018.PDF HRES 2/16/2018 1:00:00 PM
HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Supporting Documents--Arctic North Guides Support 2.22.18.pdf HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Supporting Document--Newhalen Support Resolution 2.22.18.pdf HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Supporting Document Lake Peninsula Borough Resolution 2.21.18.pdf HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Supporting Document--Bruce Hallingstad Ltr. 2.22.18.pdf HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Supporting Document--Cinder River Lodge Support 2.22.18.pdf HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Amendment One-Rep. Rauscher-Version J.4 2.6.18.pdf HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Amendment Two-Rep. Rauscher-Version J.4 2.6.18.pdf HRES 2/23/2018 1:00:00 PM
HB 267
HB 267 Amendment Three 2.23.18.pdf HRES 2/23/2018 1:00:00 PM
HB 267