Legislature(2017 - 2018)BARNES 124

03/19/2018 01:00 PM RESOURCES

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as
Download Video part 1. <- Right click and save file as

Audio Topic
01:52:52 PM Start
01:53:14 PM Board of Game|| Big Game Commercial Services Board
02:16:34 PM HB27
02:46:07 PM HB272
03:13:52 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 5 Minutes Following Session --
+ Confirmation Hearings: TELECONFERENCED
- Board of Game
-- Public Testimony --
- Big Game Commercial Services Board
-- Public Testimony --
+= HB 27 HIGH-RISK CHEMICALS FOR CHILD EXPOSURE TELECONFERENCED
Heard & Held
-- Public Testimony --
+= HB 272 TANGLE LAKES STATE GAME REFUGE TELECONFERENCED
Moved CSHB 272(RES) Out of Committee
-- Testimony <Invitation Only> --
+ HB 173 CLIMATE CHANGE COMMISSION TELECONFERENCED
<Bill Hearing Canceled>
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                         March 19, 2018                                                                                         
                           1:52 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Andy Josephson, Co-Chair                                                                                         
Representative Geran Tarr, Co-Chair                                                                                             
Representative John Lincoln, Vice Chair                                                                                         
Representative Harriet Drummond                                                                                                 
Representative Justin Parish                                                                                                    
Representative Chris Birch                                                                                                      
Representative DeLena Johnson                                                                                                   
Representative George Rauscher                                                                                                  
Representative David Talerico                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Mike Chenault (alternate)                                                                                        
Representative Chris Tuck (alternate)                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S):                                                                                                        
                                                                                                                                
Board of Game                                                                                                                 
                                                                                                                                
     Lawrence Van Daele  Kodiak                                                                                                 
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
Big Game Commercial Services Board                                                                                            
                                                                                                                                
     Jason Bunch - Kodiak                                                                                                       
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
HOUSE BILL NO. 27                                                                                                               
"An  Act  relating to  chemicals  that  are  of high  concern  for                                                              
children and  to the manufacture  and sale of products  containing                                                              
certain  flame  retardant  chemicals; relating  to  an  interstate                                                              
chemicals  clearinghouse; adding  an  unlawful act  to the  Alaska                                                              
Unfair   Trade  Practices   and  Consumer   Protection  Act;   and                                                              
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 272                                                                                                              
"An Act establishing the Tangle Lakes State Game Refuge; and                                                                    
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED CSHB 272(RES) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 27                                                                                                                   
SHORT TITLE: HIGH-RISK CHEMICALS FOR CHILD EXPOSURE                                                                             
SPONSOR(s): REPRESENTATIVE(s) TARR                                                                                              
                                                                                                                                
01/18/17       (H)       PREFILE RELEASED 1/9/17                                                                                
01/18/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/17       (H)       RES, L&C                                                                                               
03/09/18       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/09/18       (H)       Heard & Held                                                                                           
03/09/18       (H)       MINUTE(RES)                                                                                            
03/19/18       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB 272                                                                                                                  
SHORT TITLE: TANGLE LAKES STATE GAME REFUGE                                                                                     
SPONSOR(s): REPRESENTATIVE(s) JOSEPHSON                                                                                         
                                                                                                                                
01/12/18       (H)       PREFILE RELEASED 1/12/18                                                                               
01/16/18       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/16/18       (H)       FSH, RES                                                                                               
02/13/18       (H)       FSH AT 11:00 AM GRUENBERG 120                                                                          
02/13/18       (H)       Heard & Held                                                                                           
02/13/18       (H)       MINUTE(FSH)                                                                                            
02/27/18       (H)       FSH AT 10:00 AM GRUENBERG 120                                                                          
02/27/18       (H)       Moved HB 272 Out of Committee                                                                          
02/27/18       (H)       MINUTE(FSH)                                                                                            
02/28/18       (H)       FSH RPT 4DP 2DNP 1NR                                                                                   
02/28/18       (H)       DP:    EDGMON,   TARR,    KREISS-TOMKINS,                                                              
                         STUTES                                                                                                 
02/28/18       (H)       DNP: EASTMAN, NEUMAN                                                                                   
02/28/18       (H)       NR: CHENAULT                                                                                           
03/07/18       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/07/18       (H)       Heard & Held                                                                                           
03/07/18       (H)       MINUTE(RES)                                                                                            
03/12/18       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/12/18       (H)       -- MEETING CANCELED --                                                                                 
03/14/18       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/14/18       (H)       Heard & Held                                                                                           
03/14/18       (H)       MINUTE(RES)                                                                                            
03/19/18       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
LAWRENCE VAN DAELE, PhD, Appointee                                                                                              
Board of Game                                                                                                                   
Alaska Department of Fish and Game (ADF&G)                                                                                      
Kodiak, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as appointee to the Board of                                                                   
Game.                                                                                                                           
                                                                                                                                
JASON BUNCH, Appointee                                                                                                          
Big Game Commercial Services Board                                                                                              
Division of Corporations, Business and Professional Licensing                                                                   
Department of Commerce, Community & Economic Development (DCCED)                                                                
Kodiak, Alaska                                                                                                                  
POSITION STATEMENT:  Testified as appointee to the Big Game                                                                   
Commercial Services Board.                                                                                                      
                                                                                                                                
MARK RICHARDS, Executive Director                                                                                               
Resident Hunters of Alaska                                                                                                      
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of Dr. Lawrence Van                                                                 
Daele, appointee to the Board of Game.                                                                                          
                                                                                                                                
WAYNE KUBAT, Vice President                                                                                                     
Alaska Professional Hunters Association (APHA)                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of Dr. Lawrence Van                                                                 
Daele, appointee to the Board of Game, and Jason Bunch,                                                                         
appointee to the Big Game Commercial Services Board.                                                                            
                                                                                                                                
ANAHMA SHANNON, Director                                                                                                        
Environmental Program                                                                                                           
Kawerak, Inc.                                                                                                                   
Nome, Alaska                                                                                                                    
POSITION STATEMENT:  Testified in support of HB 27.                                                                           
                                                                                                                                
ART DELAUNE, Legislative Chair                                                                                                  
Governor's Council on Disabilities and Special Education                                                                        
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 27.                                                                           
                                                                                                                                
ANDREW HACKMAN, Registered Federal Lobbyist                                                                                     
Juvenile Products Manufacturing Association (JPMA)                                                                              
(No address provided)                                                                                                           
POSITION STATEMENT:  Expressed JPMA's concerns with HB 27.                                                                    
                                                                                                                                
THOMAS ZOELLER, PhD, Professor                                                                                                  
Biology Department                                                                                                              
University of Massachusetts Amherst                                                                                             
Amherst, Massachusetts                                                                                                          
POSITION STATEMENT:  Testified in support of HB 27.                                                                           
                                                                                                                                
ROBERT SIMON, Spokesperson                                                                                                      
North American Flame Retardant Alliance                                                                                         
American Chemistry Council                                                                                                      
Washington, D.C.                                                                                                                
POSITION STATEMENT:  Testified in opposition to HB 27.                                                                        
                                                                                                                                
SUSAN WALSH, RN, President                                                                                                      
Ketchikan Bargaining Unit                                                                                                       
Alaska Nurses Association                                                                                                       
Ketchikan, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 27.                                                                           
                                                                                                                                
SAMARYS SEGUINOT-MEDINA                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 27.                                                                           
                                                                                                                                
JOE MEEHAN, Special Areas Program Coordinator                                                                                   
Division of Wildlife Conservation                                                                                               
Alaska Department of Fish and Game (ADF&G)                                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions related to HB 272.                                                                    
                                                                                                                                
MARTY PARSONS, Deputy Director                                                                                                  
Central Office                                                                                                                  
Division of Mining, Land and Water                                                                                              
Department of Natural Resources (DNR)                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions related to HB 272.                                                                    
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:52:52 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  ANDY  JOSEPHSON  called  the  House  Resources  Standing                                                            
Committee meeting  to order  at 1:52  p.m.  Representatives  Tarr,                                                              
Josephson, Parish,  Talerico, Rauscher, and Drummond  were present                                                              
at  the  call  to order.    Representatives  Birch,  Johnson,  and                                                              
Lincoln arrived as the meeting was in progress.                                                                                 
                                                                                                                                
^CONFIRMATION HEARING(S):                                                                                                       
                   CONFIRMATION HEARINGS(S):                                                                                  
                         ^Board of Game                                                                                     
              ^Big Game Commercial Services Board                                                                           
                                                                                                                                
1:53:14 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOSEPHSON announced  that  the first  order of  business                                                              
would  be confirmation  hearings  of appointees  to  the Board  of                                                              
Game and the Big Game Commercial Services Board.                                                                                
                                                                                                                                
1:55:22 PM                                                                                                                    
                                                                                                                                
LAWRENCE VAN  DAELE, PhD, Appointee  to the Board of  Game, Alaska                                                              
Department  of Fish and  Game (ADF&G),  testified as appointee  to                                                              
the  Board  of  Game.   In  response  to  Co=Chair  Josephson,  he                                                              
explained  Governor Walker  appointed  him to  the  seat that  was                                                              
vacated  by Kip  Fanning, who  served  two years  of a  three-year                                                              
appointment before  stepping down for personal reasons.   Governor                                                              
Walker has now nominated him for a full three-year term.                                                                        
                                                                                                                                
CO-CHAIR JOSEPHSON  offered his  understanding that Dr.  Van Daele                                                              
is from Kodiak and is an expert on brown bears.                                                                                 
                                                                                                                                
DR. VAN  DAELE confirmed he  is from Kodiak  but said there  is no                                                              
such thing  as an expert  on brown bears.   But, he  continued, he                                                              
has spent his 34-year career at ADF&G working with brown bears.                                                                 
                                                                                                                                
REPRESENTATIVE  TALERICO  observed  from  Dr. Van  Daele's  resume                                                              
that he has  done some habitat  evaluation work.  He  inquired how                                                              
widespread that work was in the state.                                                                                          
                                                                                                                                
DR. VAN DAELE  replied he worked  primarily in the south  and west                                                              
part of the  state.  He said  his work with habitat  was ancillary                                                              
in  that he  didn't do  specific habitat  work, such  as with  the                                                              
Division of  Habitat.  Most  of his habitat  work was when  he was                                                              
in  Dillingham  looking at  what  areas  could support  moose  and                                                              
caribou.  The caribou herd there was rising at the time.                                                                        
                                                                                                                                
CO-CHAIR JOSEPHSON  requested Dr. Van Daele to  describe his first                                                              
year of experience serving on the Board of Game.                                                                                
                                                                                                                                
DR. VAN  DAELE responded  it  has been  an honor  to serve on  the                                                              
Board of  Game.  He  said he  is amazed at  the process  the board                                                              
has and the  ability for people  to be heard through  the advisory                                                              
committees,  the board  process,  and coming  to individual  board                                                              
members with ideas.   He is impressed with how  much passion there                                                              
is for  Alaska's wildlife resources,  he continued, and  with that                                                              
passion comes  lots of varying opinions.   The challenge  has been                                                              
trying to  balance all those  interests in a  way that is  fair to                                                              
everybody and  follows the  constitution.  Given  his 34  years of                                                              
work for ADF&G  he wasn't new to  the board process, he  said, but                                                              
it is a  different experience to  be on the board side  of things,                                                              
which he enjoys even though it's hard work.                                                                                     
                                                                                                                                
CO-CHAIR  JOSEPHSON said  he  is looking  forward  to hearing  the                                                              
arguments,  which  he believes  will  be  favorable, for  Dr.  Van                                                              
Daele's reconfirmation next month.                                                                                              
                                                                                                                                
DR. VAN DAELE  offered his willingness to comment  and share ideas                                                              
on any wildlife legislation that Co-Chair Josephson sponsors.                                                                   
                                                                                                                                
CO-CHAIR JOSEPHSON accepted Dr. Van Daele's offer.                                                                              
                                                                                                                                
REPRESENTATIVE RAUSCHER  stated he would  like to talk to  Dr. Van                                                              
Daele one-on-one at a later time.                                                                                               
                                                                                                                                
DR. VAN DAELE agreed to do so.                                                                                                  
                                                                                                                                
1:59:50 PM                                                                                                                    
                                                                                                                                
JASON  BUNCH,  Appointee  to  the  Big  Game  Commercial  Services                                                              
Board,  Division   of  Corporations,  Business   and  Professional                                                              
Licensing,   Department   of  Commerce,   Community   &   Economic                                                              
Development (DCCED),  testified he is seeking confirmation  to the                                                              
guides-outfitters  seat on  the  board.   He said  the U.S.  Coast                                                              
Guard brought  him and his  wife to Alaska  in 1997 and  he served                                                              
Alaska  as a  helicopter  rescue swimmer  for  13 years.   He  now                                                              
operates  a  small guide  business  on  Kodiak, guides  for  other                                                              
guide-outfitters  when  needed, and  holds  both  the federal  and                                                              
state land  use permit.   He added that he  and his wife  also own                                                              
an asphalt maintenance business that they operate seasonally.                                                                   
                                                                                                                                
REPRESENTATIVE  PARISH  noted  Mr.  Bunch is  the  owner-guide  of                                                              
Kodiak Backcountry  Adventures, is  a guide for  a bear  camp, and                                                              
is the owner of K-Line Alaska.  He asked what K-Line Alaska is.                                                                 
                                                                                                                                
MR. BUNCH  answered that K-Line  Alaska is an asphalt  maintenance                                                              
business  that   does  small  asphalt  work,  such   as  potholes,                                                              
driveways,  and small  parking lots.   The  business also  applies                                                              
line  stripes   in  parking  lots   and  does  seal   coating  and                                                              
preservation of asphalt surfaces.                                                                                               
                                                                                                                                
REPRESENTATIVE PARISH  inquired whether Mr. Bunch, in  his work as                                                              
a  guide and  if confirmed  to the  board,  anticipates having  to                                                              
make choices that could have financial impact on his businesses.                                                                
                                                                                                                                
MR. BUNCH replied  that a section in the application  asks whether                                                              
an applicant feels  he/she would be in conflict being  a guide and                                                              
being on a  guide licensing board.   At first, he didn't  know how                                                              
to answer that,  he said, so he read the [Alaska  Executive Branch                                                              
Ethics  Act (Ethics  Act)].    A section  of  the  Ethics Act,  he                                                              
related,  states  that  minor  and  inconsequential  conflicts  of                                                              
interest are  unavoidable, which  gave him  some pause.   However,                                                              
he continued,  the  act also talks  about the  misuse of  official                                                              
positions  and  provides   lists  of  do's  and   don'ts.    After                                                              
reviewing  that  he  felt  confident  he  wasn't  going  to  allow                                                              
himself  to  be  put  in  a  position  that  would  challenge  his                                                              
integrity.    He further  stated  that  he  feels the  section  on                                                              
disclosure procedures  sums up  the whole Ethics  Act and  that it                                                              
safeguards  his integrity.    Given all  of  that information,  he                                                              
said he doesn't  think he will  have a hard time  making decisions                                                              
that  could  potentially  have  an effect  on  his  own  business.                                                              
There  are many  steps and  procedures to  put that  forth on  the                                                              
table  and to  utilize  the  board, and  the  chair  of the  board                                                              
especially, to check and balance his integrity.                                                                                 
                                                                                                                                
REPRESENTATIVE  PARISH  thanked  Mr. Bunch  for  his  considerable                                                              
study  of the  topic.   He said  the question  on the  application                                                              
asks:   "Is it  possible that  you or  any member  of your  family                                                              
will benefit financially  by decisions to be made by  the board or                                                              
commission  for which  you  are applying?"    Continuing, he  said                                                              
that as  a guide-outfitter and for  a guide-outfitter seat,  it is                                                              
anticipated  that there would  be some  conflicts because  this is                                                              
the industry  in which Mr. Bunch  works.  The  potential existence                                                              
of such  conflicts isn't a  barrier condition, he  stated, because                                                              
there will  be occasions in  which the  board is required  to make                                                              
determinations that  affect guides or outfitters.   He requested a                                                              
narrow answer to the aforementioned question.                                                                                   
                                                                                                                                
MR. BUNCH  responded that if he  had the statutes  and regulations                                                              
in front  of him, he  would look at  what the board  is authorized                                                              
to do  and what  the board's  purpose is.   He  said the board  is                                                              
responsible for licensing,  he is licensed, and  he cannot imagine                                                              
being  in  a  conflict  or  in a  position  where  he  would  gain                                                              
monetarily  from a licensing  regulation or  decision made  by the                                                              
board.     In  regard   to  the   board's  purpose  to   establish                                                              
regulation, he  said he would answer  yes.  A  guide-outfitter who                                                              
is  on   this  board  could   inconsequentially  gain   monetarily                                                              
indirectly,  but not  directly,  through a  decision  made by  the                                                              
board.  If  that were the case,  he continued, he would  make that                                                              
known through the  disclosure procedures.  He posed  a scenario of                                                              
owning a business  that trains young guides and said  that in this                                                              
case he  could perhaps gain directly  through a decision  he makes                                                              
on the  board on a  regulation that affected  training.   He added                                                              
that it is a loaded question and a tough question to answer.                                                                    
                                                                                                                                
2:08:41 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOSEPHSON  thanked Mr.  Bunch for his  answer.   He noted                                                              
there is  divided opinion within  the committee on  the question's                                                              
technicality  and  whether it  is  well framed.    He  said he  is                                                              
impressed that  Mr. Bunch has done  homework on this and  that Mr.                                                              
Bunch understands  the nuances  of it.   He added he  doesn't want                                                              
Mr.  Bunch  to think  he  is  facing an  inquisition  because  the                                                              
committee is pleased he has applied for the seat.                                                                               
                                                                                                                                
MR.  BUNCH thanked  Co-Chair Josephson  and allowed  it does  feel                                                              
like an inquisition.                                                                                                            
                                                                                                                                
REPRESENTATIVE  TALERICO pointed  out that  Mr. Bunch was  awarded                                                              
the Emergency  Medical Technician (EMT)  of the Year by  the State                                                              
of Alaska for heroic  efforts.  He thanked Mr. Bunch  for his past                                                              
service and said it is impressive.                                                                                              
                                                                                                                                
2:10:10 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOSEPHSON  opened public testimony on the  nominations of                                                              
Dr. Van Daele and Mr. Bunch.                                                                                                    
                                                                                                                                
2:10:18 PM                                                                                                                    
                                                                                                                                
MARK  RICHARDS, Executive  Director, Resident  Hunters of  Alaska,                                                              
testified  that  last  year his  organization  supported  Dr.  Van                                                              
Daele's appointment to  the Board of Game and it  now supports his                                                              
reappointment.   Having attended  all the  Board of Game  meetings                                                              
over  the  past year,  he  said  he  has neither  seen  nor  heard                                                              
anything from Dr.  Van Daele that would cause  his organization to                                                              
change its opinion  that Dr. Van Daele is a great  addition to the                                                              
board.  He said  Dr. Van Daele is well known  from his career with                                                              
ADF&G and has  now seen things from  both sides of the  table.  He                                                              
further  noted that  Dr. Van  Daele serves  as the  Board of  Game                                                              
member  on  the  Big  Game Commercial  Services  Board  and  is  a                                                              
valuable asset to that board as well.                                                                                           
                                                                                                                                
2:11:28 PM                                                                                                                    
                                                                                                                                
WAYNE   KUBAT,  Vice   President,   Alaska  Professional   Hunters                                                              
Association  (APHA), testified  in support  of confirming  Dr. Van                                                              
Daele  to the  Board  of Game.    He said  Dr.  Van Daele  doesn't                                                              
always  agree with  the APHA,  but the  organization supports  Dr.                                                              
Van  Daele's appointment  because  he is  knowledgeable, does  his                                                              
homework,  and   puts  the   conservation  of  Alaska's   wildlife                                                              
resource first.   He added  that Dr. Van  Daele is  respectful and                                                              
willing  to listen  to  viewpoints  he doesn't  necessarily  agree                                                              
with and  APHA feels  Dr. Van  Daele will  work to unite  Alaskans                                                              
instead of  dividing them.  Dr.  Van Daele's long background  as a                                                              
wildlife biologist  in Kodiak gives the Board  of Game much-needed                                                              
representation,  knowledge,  and  perspective  concerning  coastal                                                              
and island areas of  Alaska.  Dr. Van Daele came up  to speed in a                                                              
short  amount  of  time,  he added,  and  APHA  looks  forward  to                                                              
working with him and supports his confirmation.                                                                                 
                                                                                                                                
MR. KUBAT  further testified  in support  of appointing  Mr. Bunch                                                              
to the  Big Game Commercial  Services Board.   He noted  Mr. Bunch                                                              
became a  registered guide  in 2012 and  since then Mr.  Bunch has                                                              
been an  active participant  in  activities of  the Board  of Game                                                              
and Big Game  Commercial Services Board.  Mr.  Bunch shows passion                                                              
and energy  in all that he  does and is  a fast learner.   He said                                                              
the APHA  feels Mr.  Bunch will  be a valuable  member of  the Big                                                              
Game Commercial  Services Board  given his business,  guiding, and                                                              
Alaskan skills.                                                                                                                 
                                                                                                                                
2:13:00 PM                                                                                                                    
                                                                                                                                
CO-CHAIR JOSEPHSON's  closed public  testimony after  ascertaining                                                              
no one else wished to testify.                                                                                                  
                                                                                                                                
2:13:12 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR  stated the House  Resources Standing  Committee has                                                              
reviewed the qualifications  of Dr. Lawrence Van  Daele, appointee                                                              
to the Board  of Game, and Mr.  Jason Bunch, appointee  to the Big                                                              
Game  Commercial Services  Board,  and recommends  their names  be                                                              
forwarded  to a  joint session  for consideration.   She  reminded                                                              
members  that  signing  the  reports   regarding  appointments  to                                                              
boards  and commissions  in no  way  reflects individual  members'                                                              
approval  or   disapproval  of   the  appointees,  and   that  the                                                              
nominations  are  merely forwarded  to  the full  legislature  for                                                              
confirmation or rejection.                                                                                                      
                                                                                                                                
[There being no objection, the confirmations were advanced.]                                                                    
                                                                                                                                
2:13:44 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:13 p.m. to 2:16 p.m.                                                                       
                                                                                                                                
         HB  27-HIGH-RISK CHEMICALS FOR CHILD EXPOSURE                                                                      
                                                                                                                                
2:16:34 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR announced  that the next order of  business would be                                                              
HOUSE  BILL NO.  27, "An  Act relating  to chemicals  that are  of                                                              
high  concern for  children and  to  the manufacture  and sale  of                                                              
products containing  certain flame  retardant chemicals;  relating                                                              
to an interstate  chemicals clearinghouse; adding  an unlawful act                                                              
to  the Alaska  Unfair  Trade  Practices and  Consumer  Protection                                                              
Act;  and  providing   for  an  effective  date."     [Before  the                                                              
committee   was  Version   D,  labeled   30-LS0264\D,   Bannister,                                                              
3/15/18,  the proposed committee  substitute  (CS) adopted  as the                                                              
working document on 3/9/18, and open for public testimony.]                                                                     
                                                                                                                                
2:17:01 PM                                                                                                                    
                                                                                                                                
ANAHMA SHANNON,  Director, Environmental  Program, Kawerak,  Inc.,                                                              
testified in  support of  HB 27.   She noted  Kawerak is  a Native                                                              
nonprofit  organization  in Nome  serving  the  20 tribes  in  the                                                              
Bering Sea  region.  She  said children  should not be  exposed to                                                              
toxics by having  them put directly into bedding,  clothing, toys,                                                              
and  household  goods.   The  chemicals  being directly  put  into                                                              
household products  affect neurological,  reproductive  and immune                                                              
system  health.   It  is known  that children  are  affected at  a                                                              
greater  rate  because  their bodies  are  smaller,  they  breathe                                                              
faster,  and they  have  a greater  rate of  exposure  due to  the                                                              
nature  of where  and how  they play.   Flame  retardants are  not                                                              
effective in  preventing fires, she  stated, but they  are harmful                                                              
to children through ingestion and inhalation.                                                                                   
                                                                                                                                
MS.  SHANNON pointed  out that  in the  Bering Sea  region and  in                                                              
rural  communities   throughout  Alaska,  many  of   the  Class  3                                                              
landfills  burn whatever  is taken  to the  dump, including  items                                                              
containing  flame  retardants.     The  toxic  smoke  produced  by                                                              
burning  these products  makes  its way  into  the environment  by                                                              
smoke  fallout,  toxic  ash  that  leaches  into  groundwater,  or                                                              
tracked  out of the  landfills on  the bottom  of people's  boots.                                                              
The  polluted air  that is  produced affects  everyone exposed  to                                                              
the smoke.   Landfills are burned  on a daily basis and  often are                                                              
less than two  miles away from the  village, she noted,  and it is                                                              
known  that  cancer-causing   dioxins  are  produced   when  these                                                              
products are  burned.  She urged  that the environment  and people                                                              
stop  being  exposed  to  these  detrimental  chemicals  and  that                                                              
Alaska's children by kept healthier through passage of HB 27.                                                                   
                                                                                                                                
2:19:35 PM                                                                                                                    
                                                                                                                                
ART   DELAUNE,   Legislative   Chair,    Governor's   Council   on                                                              
Disabilities  and Special  Education, spoke  in support  of HB  27                                                              
from  the  perspective   of  brain  development.     He  said  the                                                              
council's   mission   is   to  advocate   for   individuals   with                                                              
developmental disabilities  and work to ensure that  they flourish                                                              
in safe  environments.   The council  also has the  responsibility                                                              
to advocate for  early intervention systems that  allow very young                                                              
children to develop  in natural and stimulating  environments.  He                                                              
stated the  council supports  HB 27 because  it believes  the bill                                                              
would help  protect the health  and brain development  of Alaska's                                                              
children.  It  would benefit families and firefighters,  he added,                                                              
by  preventing exposure  to  toxic  retardant chemicals  found  in                                                              
children's products and upholstered furniture.                                                                                  
                                                                                                                                
MR. DELAUNE  pointed out  that numerous  scientific papers  in the                                                              
peer-reviewed literature  have documented  the harms posed  by the                                                              
use  of  these  chemicals  in consumer  products.    Children  are                                                              
especially  at risk,  he noted,  because  they tend  to come  into                                                              
greater  contact with  toxic chemicals  found  in household  dust.                                                              
Studies show  that, up  to five  years old, children's  developing                                                              
brains  and reproductive  organs  are most  vulnerable.   Children                                                              
can  have  three  to  five times  higher  blood  levels  of  these                                                              
chemicals than  their parents.   In Alaska during the  long winter                                                              
months,  he continued,  infants and  toddlers tend  to spend  more                                                              
time  indoors   in  homes   with  greater   insulation  and   less                                                              
ventilation, which  makes them more vulnerable to  these levels of                                                              
toxic flame retardants  in these consumer products.   He urged the                                                              
passage of  HB 27  because it  will enrich  and protect  the brain                                                              
development of Alaska's children.                                                                                               
                                                                                                                                
2:21:49 PM                                                                                                                    
                                                                                                                                
ANDREW  HACKMAN, Registered  Federal  Lobbyist, Juvenile  Products                                                              
Manufacturing  Association (JPMA), noted  JPMA represents  over 85                                                              
percent  of  the  makers of  juvenile  products,  everything  from                                                              
cribs to car seats  to strollers.  He said four  statutes regulate                                                              
JPMA with regard  to the materials and the chemicals  that go into                                                              
its products, including  the Consumer Products  Safety Improvement                                                              
Act,  the  federal   Hazardous  Substances  Act,   and  the  Toxic                                                              
Substance Control Act.   He said JPMA has worked  with a number of                                                              
states  in trying  to reduce  requirements  for flame  retardants.                                                              
For example,  JPMA worked  with California  in revising  its flame                                                              
retardant  requirements under  Technical Bulletin  117 (TB117)  so                                                              
that flame retardants  don't have to continue to be  used to reach                                                              
the mandates of  those standards.  However, he  pointed out, there                                                              
are  instances  where  flame  retardants   are  required  to  meet                                                              
certain Underwriters  Laboratories (UL) performance  standards for                                                              
electronic components.   Also,  flame-retardant standards  must be                                                              
met  under  the National  Highway  Traffic  Safety  Administration                                                              
(NHTSA) standards for car seats.                                                                                                
                                                                                                                                
MR. HACKMAN  said JPMA is  concerned that  if HB 27  moves forward                                                              
and  doesn't acknowledge  those  instances  where  those types  of                                                              
requirements  are  placed upon  the  components and  the  products                                                              
themselves, there  is the potential  of car seats being  banned or                                                              
restricted in  the state.   Other states  that have  moved forward                                                              
in this area  have acknowledged things like  electronic components                                                              
and  car seats,  he continued.    Even San  Francisco, which  took                                                              
action  on flame  retardants this  past  year, acknowledged  those                                                              
types of  products in  those types  of situations.   He  said JPMA                                                              
hopes the committee  will look to move toward  some consistency on                                                              
this legislation.   He further noted  that JPMA has  some concerns                                                              
with  the breadth  and  the additional  listing  of an  open-ended                                                              
process  to continue  to restrict  chemicals.   Other states  have                                                              
used weighted  evidence standards  for similar types  of processes                                                              
and programs.   He  stated JPMA  looks forward  to being  involved                                                              
with the  committee  and opportunities  for making  sure HB  27 is                                                              
consistent with other states.                                                                                                   
                                                                                                                                
2:25:17 PM                                                                                                                    
                                                                                                                                
THOMAS  ZOELLER, PhD,  Professor,  Biology Department,  University                                                              
of  Massachusetts Amherst,  testified  in support  of HB  27.   He                                                              
spoke as follows:                                                                                                               
                                                                                                                                
     My  research over  the  past 25  years  has really  been                                                                   
     focused  on understanding how  thyroid hormone  controls                                                                   
     brain  development, and whether,  and how  environmental                                                                   
     chemicals  like  halogenated  and other  chemical  flame                                                                   
     retardants  can  interfere  with  this action.    It  is                                                                   
     first  important to  recognize that  thyroid hormone  is                                                                   
     essential  for  brain  development   in  the  fetus,  in                                                                   
     newborns,  and in  children, and  this fact  is so  well                                                                   
     recognized  that  every baby  born  in this  country  is                                                                   
     tested for  normal functioning  of the thyroid  gland at                                                                   
     birth.  In  some regions of the country as many  as 1 in                                                                   
     1,200  newborns have  low thyroid hormone,  and this  is                                                                   
     really  considered a  medical emergency  to ensure  that                                                                   
     they  are  identified  and   treated  quickly  to  limit                                                                   
     cognitive  deficits   caused  by  low   thyroid  hormone                                                                   
     during  development.    It's   also  become  clear  that                                                                   
     thyroid   hormone   levels   in   pregnant   women   are                                                                   
     particularly  important because the  thyroid gland  in a                                                                   
     fetus doesn't  begin to function  until about  20 weeks.                                                                   
     Having  said that,  thyroid hormone  is still  important                                                                   
     for brain development during that period.                                                                                  
                                                                                                                                
     My   research  on   flame  retardants   such  as   poly-                                                                   
     brominated  diphenyl  ethers,  tetrabromo  bisphenol  A,                                                                   
     and  some  perfluorinated   chemicals  has  demonstrated                                                                   
     that   these  chemicals  can   interfere  with   thyroid                                                                   
     hormone  in the developing  brain, but  in ways that  we                                                                   
     don't  fully  understand.     And  in  particular  these                                                                   
     chemicals can  interfere with thyroid hormone  action in                                                                   
     the  brain  without  affecting  hormone  levels  in  the                                                                   
     blood.    Currently,  the  only tool  we  have  to  test                                                                   
     whether  flame  retardants   affect  the  human  thyroid                                                                   
     system is  to measure blood  levels of thyroid  hormone.                                                                   
     But since  chemicals can interfere with  thyroid hormone                                                                   
     action  without affecting  hormone levels  in the  blood                                                                   
     it  produces a  situation where  the so-called  weighted                                                                   
     evidence  winds  up  being obfuscated  because  of  this                                                                   
     disconnect between  the ability of chemicals  to work in                                                                   
     tissue without  affecting measures that we  normally use                                                                   
     as  an index  of  safety.   This observation  should  be                                                                   
     concerning  because   it  means  that  these   kinds  of                                                                   
     chemicals  can act  like a  stealth  bomber that  slides                                                                   
     below the  radar of the ways  we can test for  safety of                                                                   
     these chemicals and therefore protect human health.                                                                        
                                                                                                                                
     So,  in closing,  it's clear  to me that  these kind  of                                                                   
     flame  retardants can  and do  affect human  development                                                                   
     in part by  interfering with thyroid hormone.   And this                                                                   
     conclusion is  based on years of really  high-resolution                                                                   
     research  that  can't  be  duplicated  for  every  flame                                                                   
     retardant  that comes  on the market.   These  chemicals                                                                   
     are robbing  our children and grandchildren  of critical                                                                   
     intellectual  potentials.  And  while these effects  may                                                                   
     not be  visible on  the faces  of our children,  they're                                                                   
     no  less important  for them  individually  and for  our                                                                   
     society.                                                                                                                   
                                                                                                                                
2:29:16 PM                                                                                                                    
                                                                                                                                
ROBERT  SIMON,   Spokesperson,  North  American   Flame  Retardant                                                              
Alliance, American  Chemistry Council, testified in  opposition to                                                              
HB  27.  He  said  his industry  is committed  to strong  chemical                                                              
safety  regulation,  including   support  for  the  overwhelmingly                                                              
bipartisan  2016  Lautenberg  Chemical Safety  Act  (LCSA)  signed                                                              
into  law by  President  Obama, which  fundamentally  strengthened                                                              
and  changed the  federal  regulation of  chemical  safety.   That                                                              
law, he continued, is relevant to HB 27.                                                                                        
                                                                                                                                
MR. SIMON  said the council opposes  HB 27 based on  three points.                                                              
First, the legislation  would duplicate federal  and international                                                              
chemical   regulatory   initiatives,  including   those   recently                                                              
adopted  in  the  U.S.  that  fundamentally   strengthen  chemical                                                              
regulation.     Numerous  federal  and  international   regulatory                                                              
agencies  already assess  the safety of  chemicals, including  the                                                              
explicit  consideration   of  children's   health.     Second,  he                                                              
continued,  HB 27 would  impose overly  broad bans  on the  use of                                                              
certain chemicals  in all  consumer products  and could  undermine                                                              
overall  consumer  product  safety.   Under  HB  27 if  the  state                                                              
identifies a  chemical of potential  concern to children's  health                                                              
it would automatically  be banned in all consumer  products.  From                                                              
the   council's  perspective   this  is   inappropriate  and   not                                                              
supported by  the science.   There may  be cases where  a chemical                                                              
in  a specific  application  is  not even  available  or does  not                                                              
result in any exposure  to consumers or to children  and yet HB 27                                                              
would  automatically ban  all of  its uses  in consumer  products.                                                              
Furthermore,  banning  certain  chemicals  could  have  unintended                                                              
consequences of  creating other consumer  safety risks.   A number                                                              
of chemicals  are used  in product  chemistry  to provide  a broad                                                              
range of  product benefits.  By  broadly banning all  the consumer                                                              
product  applications,   Alaska   could  be  undermining   overall                                                              
consumer  product  safety,  which  is  important  to  consider  as                                                              
legislators  reflect on  this legislation.   Third,  he said,  the                                                              
bill includes,  from the  council's perspective, an  inappropriate                                                              
ban  on  a  broad   range  of  flame  retardants   and  would  ban                                                              
specifically  substances  that government  regulators  around  the                                                              
globe have  determined do  not pose  a risk.   For example,  HB 27                                                              
specifically  calls out TCPP,  which has  a very different  safety                                                              
profile from  the criteria referenced  in the bill and  despite it                                                              
having been  reviewed and  having a  safety determination  for its                                                              
uses in Canada and the European Union (EU), HB 27 would ban it.                                                                 
                                                                                                                                
2:34:18 PM                                                                                                                    
                                                                                                                                
SUSAN  WALSH, RN,  President,  Ketchikan  Bargaining Unit,  Alaska                                                              
Nurses Association, testified  in support of HB 27.   She said the                                                              
bill would  protect Alaska  children and  firefighters from  high-                                                              
risk exposure  to halogen flame  retardants.   She noted she  is a                                                              
nurse with  a diverse  background that  includes family  practice,                                                              
pediatrics,  emergency room,  and  chemo infusion,  and  currently                                                              
she  is  employed as  a  labor  and delivery  nurse  and  in-house                                                              
lactation consultant.                                                                                                           
                                                                                                                                
MS. WALSH  drew attention to a  fact sheet provided to  members by                                                              
Alaska  Community Action  on Toxics  (ACAT) and  to the  testimony                                                              
provided  by   experts  regarding   this  toxic  chemical.     She                                                              
reinforced "the  shocking statistic" that birth defects  in Alaska                                                              
are  twice as  high  than the  U.S.  as a  whole  and that  Native                                                              
infants have twice  the birth defects as white  infants in Alaska.                                                              
There are currently  no federal laws that protect  people from the                                                              
unnecessary addition  of flame retardant  products even  though in                                                              
September [2017]  the federal  Consumer Product Safety  Commission                                                              
released a  long list of adverse  health effects of  these noxious                                                              
chemicals  that  have  a  disproportionately  negative  effect  on                                                              
vulnerable populations, which include children.                                                                                 
                                                                                                                                
MS.  WALSH  noted that  the  Alaska  Nurses Association  has  long                                                              
supported   the  precautionary   principle  and  joined   national                                                              
affiliates in support  of passage of similar bills  at the federal                                                              
level.   However, she said,  that process  is moving at  a snail's                                                              
pace.   She urged the  committee to protect  Alaskans and  pass HB                                                              
27 and  join the other  15 states that  are considering  policy to                                                              
ban  toxic flame  retardants.   That  this  bill is  in the  House                                                              
Resources  Standing Committee  might  be confusing  for some,  she                                                              
added,  but she  would contend  that [Alaska's]  children are  its                                                              
biggest resource and they need and deserve protection.                                                                          
                                                                                                                                
2:36:35 PM                                                                                                                    
                                                                                                                                
SAMARYS SEGUINOT-MEDINA  testified in support of HB  27.  She said                                                              
she is a scientist  and public health professional,  but primarily                                                              
she  is a  mother  and  grandmother.   She  stated  there is  much                                                              
evidence showing  the harmful effects  that flame  retardants have                                                              
in children.   Continuing her testimony, she paraphrased  from the                                                              
following written statement [original punctuation provided]:                                                                    
                                                                                                                                
     I thought  it would be  relevant and important  for this                                                                   
     hearing  to remember  former Dr. David  M. Heimbach  who                                                                   
     failed  to disclose  his  ties  to the  flame  retardant                                                                   
     chemical industry.                                                                                                         
                                                                                                                                
      He testified at least three times in Juneau between                                                                       
       2010 and 2012 against bills to restrict chemicals                                                                        
     proven to be hazardous, especially to children.                                                                            
                                                                                                                                
     Washington   medical   board  reported   that   Heimbach                                                                   
     invented  tragic stories  of  children  burn victims  in                                                                   
     his  testimony to  Alaska and  other  states.   Heimbach                                                                   
     fabricated  testimony and falsely  presented himself  as                                                                   
     an unbiased  burn expert  when, in fact,  he was  on the                                                                   
     payroll   of  the   manufacturers   of  chemical   flame                                                                   
     retardants.   Washington  state officials  said that  he                                                                   
     had been paid $240,000 for his help.                                                                                       
                                                                                                                                
     Chemical  industry  is  paying   people  to  give  false                                                                   
     testimony.    This  is  an   example  of  the  deceptive                                                                   
     tactics that  the chemical  industry uses for  their own                                                                   
     benefit without  any consideration of the harm  they can                                                                   
     cause to  people, especially  children who are  the most                                                                   
     vulnerable.                                                                                                                
                                                                                                                                
     Is our  duty and responsibility  as citizens  and public                                                                   
     servants   to  care  for   our  children  and   provide,                                                                   
     ethically  and respectfully,  the  protection they  need                                                                   
     so  they can  thrive  and grow  in  a safe  and  healthy                                                                   
     environment.  I  support HB 27 and I want  to thank Rep.                                                                   
     Tarr and  Rep. Josephson for  working for the  wellbeing                                                                   
     of our children.                                                                                                           
                                                                                                                                
CO-CHAIR TARR inquired about the name of the documentary that                                                                   
exposed Dr. Heimbach.                                                                                                           
                                                                                                                                
MS. SEGUINOT-MEDINA replied she would send this information.                                                                    
                                                                                                                                
2:40:03 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR closed public testimony after ascertaining no one                                                                 
else wished to testify on HB 27.                                                                                                
                                                                                                                                
CO-CHAIR TARR held over HB 27.                                                                                                  
                                                                                                                                
2:40:35 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
2:40:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON asked whether this material could still                                                                  
be purchased online and whether the bill would make a difference                                                                
if that were the case.                                                                                                          
                                                                                                                                
CO-CHAIR TARR responded  that all of the manufactured  goods could                                                              
not be quickly removed  from the shelves, but the  bill would draw                                                              
a line in  the sand so that  any new products being  sold would be                                                              
without these chemicals.   Any person owning the  [now prohibited]                                                              
products  would keep  them and dispose  of them  in a,  hopefully,                                                              
safe  manner.    After the  effective  date,  she  continued,  any                                                              
products sold in Alaska would not contain these chemicals.                                                                      
                                                                                                                                
REPRESENTATIVE  JOHNSON  reiterated  her  question  about  whether                                                              
online orders would be included.                                                                                                
                                                                                                                                
CO-CHAIR  TARR  offered her  belief  that  online sales  would  be                                                              
included,  but said she  would get  back to  the committee  with a                                                              
firm answer.                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER  drew attention to the  sectional analysis                                                              
for HB  27 and asked  how [under Section  2] the sixth  bullet can                                                              
exist given the fourth bullet.                                                                                                  
                                                                                                                                
CO-CHAIR  TARR answered  there would  be  two sets  of products                                                                 
products already  on shelves  [at the  bill's effective  date] and                                                              
products  coming   into  the  state  after  the   effective  date.                                                              
Products  already  in a  retailer's  possession  containing  these                                                              
chemicals would  be subject to  the informed consumer  option, and                                                              
the retailer  wouldn't  be required  to take  them off the  shelf.                                                              
After the  bill's effective date,  products coming into  the state                                                              
would comply with the law and wouldn't contain those chemicals.                                                                 
                                                                                                                                
REPRESENTATIVE  RAUSCHER noted  the sectional  analysis speaks  to                                                              
manufacturers.   He therefore  requested clarification  that, once                                                              
on the shelf,  it would be the  storeowner who is required  to put                                                              
on the [informed consumer] label.                                                                                               
                                                                                                                                
CO-CHAIR TARR  replied it would  be the retailer's  responsibility                                                              
to put  on that  public notice.   But,  she continued,  the reason                                                              
the  other  part  of  it  speaks  to  manufacturers  is  that  the                                                              
manufacturers  are being  told  those products  can  no longer  be                                                              
sold in Alaska.                                                                                                                 
                                                                                                                                
[HB 27 was held over.]                                                                                                          
                                                                                                                                
             HB 272-TANGLE LAKES STATE GAME REFUGE                                                                          
                                                                                                                                
2:46:07 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOSEPHSON announced  that  the final  order of  business                                                              
would  be HOUSE  BILL NO.  272,  "An Act  establishing the  Tangle                                                              
Lakes State Game Refuge; and providing for an effective date."                                                                  
                                                                                                                                
REPRESENTATIVE BIRCH  drew attention  to [a map entitled,  "Ahtna,                                                              
Inc.  Oil and  Gas Interests  Southeast of  Proposed Tangle  Lakes                                                              
State  Game Refuge    March  2018"].   He said the  map shows  the                                                              
proposed state  game refuge area  as being bisected by  Doyon Ltd.                                                              
boundaries  and Ahtna,  Inc. boundaries.    Bringing attention  to                                                              
another map, he  said [the proposed refuge] includes  a portion of                                                              
the Matanuska-Susitna  Borough.   He inquired whether  the sponsor                                                              
has reached out to the borough.                                                                                                 
                                                                                                                                
CO-CHAIR JOSEPHSON  replied no,  but noted the borough's  lobbyist                                                              
is in  the committee room.   He pointed  out that this  portion of                                                              
the  Matanuska-Susitna  Borough is  already  in a  controlled  use                                                              
area, so is presently a regulated area.                                                                                         
                                                                                                                                
REPRESENTATIVE JOHNSON  asked whether this controlled  use area is                                                              
labeled  on  the  map as  "Wildlife  Habitat,  Public  Recreation,                                                              
Forestry".   She further  asked  how this controlled  use  area is                                                              
different from what is being talked about today.                                                                                
                                                                                                                                
CO-CHAIR JOSEPHSON  stated it is in the western  portion, although                                                              
he cannot  remember the name.   He noted the map  being referenced                                                              
is   entitled,  "Proposed   Tangle   Lakes   State  Game   Refuge,                                                              
Generalized   State   ownership,  [Leasehold]   Location   Orders,                                                              
Mineral  Orders (Closing),  and  Land Classifications".   The  map                                                              
generally  shows land  classifications  as derived  from two,  and                                                              
possibly  three, management  areas, he  added.   The area  just to                                                              
the east  of the Maclaren  River and inside the  Matanuska-Susitna                                                              
Borough is in a  controlled use area.  He asked  Mr. Meehan of the                                                              
Division of Wildlife if he is correct.                                                                                          
                                                                                                                                
2:49:26 PM                                                                                                                    
                                                                                                                                
JOE  MEEHAN,  Special  Areas  Program   Coordinator,  Division  of                                                              
Wildlife  Conservation,   Alaska  Department  of  Fish   and  Game                                                              
(ADF&G), replied  yes, that area  is part of the  Clearwater Creek                                                              
Controlled Use Area.   It is an administrative  designation by the                                                              
Board  of  Game,  he  explained,  and  this  controlled  use  area                                                              
primarily  restricts the  use of off-road  vehicles while  engaged                                                              
in hunting activities.                                                                                                          
                                                                                                                                
CO-CHAIR JOSEPHSON  requested Mr. Meehan to confirm  that the off-                                                              
road preclusion  is  not created  by the proposed  refuge,  but is                                                              
something the Board of Game has already created.                                                                                
                                                                                                                                
MR. MEEHAN replied correct, the Board of Game created it.                                                                       
                                                                                                                                
2:50:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BIRCH  moved to  adopt  Amendment  1, labeled  30-                                                              
LS1167\U.[2], Bullard, 3/16/18, which read:                                                                                     
                                                                                                                                
     Page 7, line 22:                                                                                                           
          Delete "2019"                                                                                                         
     Insert "2023"                                                                                                              
                                                                                                                                
CO-CHAIR TARR objected for purposes of discussion.                                                                              
                                                                                                                                
REPRESENTATIVE  BIRCH explained  HB 272  withdraws mineral  entry,                                                              
meaning  no new  mining  claims  can be  staked,  and Amendment  1                                                              
would  extend  mineral  withdrawal  from  [January  1,]  2019,  to                                                              
[January  1,]  2023,  to  allow a  five-year  window  for  staking                                                              
claims.   This  extension  would permit  additional  time for  the                                                              
mining  industry  to  do  geological   evaluations  and  determine                                                              
mineral  potential  in the  area  and  stake  claims if  there  is                                                              
interest.   These  claims,  he continued,  would  then be  honored                                                              
under  the language  in the  bill on  page 7,  line 21,  regarding                                                              
existing valid  rights.  This is  a common mineral  withdrawal and                                                              
includes  those   in  the  Alaska  National  Interest   Lands  Act                                                              
(ANILCA).                                                                                                                       
                                                                                                                                
CO-CHAIR JOSEPHSON clarified Amendment 1 is labeled U.2.                                                                        
                                                                                                                                
[CO-CHAIR TARR maintained her objection.]                                                                                       
                                                                                                                                
CO-CHAIR JOSEPHSON  stated that when first looking  at Amendment 1                                                              
he didn't reject  it outright.   He said he is unsure  whether its                                                              
impact  would  be to  drive  to  a  conclusion  the issue  of  the                                                              
[Department of  Natural Resources]  permitting mining  through the                                                              
permitting  process  or what  the  result  would  be.   While  the                                                              
amendment  has  some  merit, he  allowed,  he  doesn't  personally                                                              
agree with it and therefore opposes it.                                                                                         
                                                                                                                                
REPRESENTATIVE  BIRCH opined  that,  in total,  HB 272  is a  land                                                              
grab and  he is  opposed to the  bill.   Amendment 1 mitigates  to                                                              
some extent  the land  grab aspects  from the  standpoint  that if                                                              
there is  any mineral  potential it  allows a  few more  years for                                                              
exploration and  development.  Alaska  has a tremendous  record of                                                              
joint use and shared  use lands, he said, and the  mining industry                                                              
has a  sterling record  statewide of doing  good work  while there                                                              
is still hunting and fishing.                                                                                                   
                                                                                                                                
2:54:52 PM                                                                                                                    
                                                                                                                                
A  roll call  vote  was taken.   Representatives  Birch,  Johnson,                                                              
Rauscher,   and  Talerico   voted   in  favor   of  Amendment   1.                                                              
Representatives  Lincoln, Drummond,  Parish,  Tarr, and  Josephson                                                              
voted against it.   Therefore, Amendment 1 failed by  a vote of 4-                                                              
5.                                                                                                                              
                                                                                                                                
2:55:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BIRCH  moved to  adopt  Amendment  2, labeled  30-                                                              
LS1167\U.3, Bullard, 3/16/18, which read:                                                                                       
                                                                                                                                
     Page 7, lines 21 - 24:                                                                                                     
          Delete all material and insert:                                                                                       
     "(c)   The  commissioner  shall  permit entry  into  the                                                                   
     Tangle Lakes  State Game Refuge for purposes  of mineral                                                                   
     exploration,   development,   and  extraction   if   the                                                                   
     commissioner  finds that  the exploration,  development,                                                                   
     or   extraction   is  compatible   with   the   purposes                                                                   
     specified in  (b) of this section; however,  all mineral                                                                   
     leases  in effect  on  January 1,  2019, are  valid  and                                                                   
     continue  in  full force  and  effect according  to  the                                                                   
     terms of those leases."                                                                                                    
                                                                                                                                
CO-CHAIR JOSEPHSON objected for discussion purposes.                                                                            
                                                                                                                                
REPRESENTATIVE  BIRCH  explained  Amendment  2  would  remove  the                                                              
mineral withdrawal  language on page  7, lines 21-24,  and replace                                                              
it with  language that  allows for mineral  entry into  the Tangle                                                              
Lakes State Game  Refuge if the commissioner of  the Department of                                                              
Natural Resources  (DNR) determines exploration or  development is                                                              
compatible with the  purposes specified in (b).   As heard through                                                              
invited and  public testimony,  he continued,  the premise  that a                                                              
choice must be  made between renewable and  nonrenewable resources                                                              
is not true.   His father was  a mining engineer and  his mother a                                                              
geologist, he said,  and he grew up in mining camps  in Alaska and                                                              
personally felt  the positive impact that sustainable  development                                                              
has had  in Alaska.   To say that  mining will irreparably  damage                                                              
the ecosystem  and wildlife  in this area  is unacceptable  and is                                                              
not based  on facts, he opined.   Removing the  mineral withdrawal                                                              
language and  replacing it  with this  language would  ensure that                                                              
public  use and  habitat are  maintained while  also allowing  for                                                              
responsible development, which provides jobs and state revenue.                                                                 
                                                                                                                                
REPRESENTATIVE  TALERICO expressed  his support  for Amendment  2.                                                              
He said he  received several public comments asking  whether there                                                              
would  be  a risk  to  the  Tangle  Lakes canoeing  area  and  the                                                              
ability to  portage between lakes.   He offered  his understanding                                                              
that  that area  has  already been  protected  and  set aside  for                                                              
quite a while as  a designated Wild and Scenic River.   He said he                                                              
agrees  with the sponsor  of Amendment  2 given  his own  personal                                                              
experience  of habitat  improvement  that was  done after  mining.                                                              
He allowed  it takes  responsible people  to do  that, as  well as                                                              
responsible regulations that he thinks Alaska has.                                                                              
                                                                                                                                
CO-CHAIR  JOSEPHSON  noted  the area  Representative  Talerico  is                                                              
referencing is  the recreational river  corridor that is  shown on                                                              
the previously identified map.                                                                                                  
                                                                                                                                
CO-CHAIR JOSEPHSON  stated he appreciates  that Amendment  2 would                                                              
allow some  discretion by  the commissioner  and the  commissioner                                                              
would have  to find  facts that  support that mineral  development                                                              
as being  consistent with the refuge.   However, he  continued, he                                                              
doesn't  support  the  amendment.     Noting  [his]  objection  is                                                              
maintained, he requested a roll call vote.                                                                                      
                                                                                                                                
3:01:16 PM                                                                                                                    
                                                                                                                                
A  roll call  vote  was  taken.   Representatives  Parish,  Birch,                                                              
Johnson, Rauscher,  Talerico, Lincoln, and Tarr voted  in favor of                                                              
Amendment  2.    Representatives   Drummond  and  Josephson  voted                                                              
against it.   Therefore, Amendment 2  was adopted by a  vote of 7-                                                              
2.                                                                                                                              
                                                                                                                                
CO-CHAIR JOSEPHSON invited discussion of HB 272 as amended.                                                                     
                                                                                                                                
REPRESENTATIVE  RAUSCHER  asked  what restrictions  apply  to  the                                                              
state special use area within the proposed refuge boundary.                                                                     
                                                                                                                                
CO-CHAIR  JOSEPHSON  replied  that Alaskans  and  visitors  cannot                                                              
remove rocks from  the area because it is the  state [Tangle Lakes                                                              
Archeological District  Special Use Area].  He deferred  to DNR to                                                              
provide further response as to what the special use area does.                                                                  
                                                                                                                                
3:03:30 PM                                                                                                                    
                                                                                                                                
MARTY  PARSONS,  Deputy  Director,  Central  Office,  Division  of                                                              
Mining, Land  and Water,  Department of  Natural Resources  (DNR),                                                              
explained  the primary  function  of the  special use  area is  to                                                              
limit the type  of motorized vehicles that can  operate within the                                                              
archeological area, and when they can operate.                                                                                  
                                                                                                                                
REPRESENTATIVE RAUSCHER  requested someone  from DNR speak  to the                                                              
mineral order closing shown in the green area on the map.                                                                       
                                                                                                                                
CO-CHAIR JOSEPHSON  clarified Representative  Rauscher  is talking                                                              
about the  mineral order closings located  in the far east  of the                                                              
proposed refuge and also north of the proposed refuge.                                                                          
                                                                                                                                
MR.  PARSONS responded  it  is correct  that  there  is a  mineral                                                              
closing order in that area - Mineral Order 1118 and 483.                                                                        
                                                                                                                                
CO-CHAIR JOSEPHSON asked what the order's impact is.                                                                            
                                                                                                                                
MR.  PARSONS  answered  it  closes  the area  to  any  staking  or                                                              
creation  of mineral  property  right  that didn't  pre-exist  the                                                              
closure order  that DNR put  into effect.   In essence,  he added,                                                              
it closes the area to staking or mineral location.                                                                              
                                                                                                                                
REPRESENTATIVE  RAUSCHER inquired about  the meaning  of leasehold                                                              
location order.                                                                                                                 
                                                                                                                                
CO-CHAIR JOSEPHSON  noted the leasehold  location order  is mostly                                                              
overlaid with the archeological district.                                                                                       
                                                                                                                                
MR.  PARSONS  replied  the  leasehold   location  order  means  an                                                              
individual  can stake  a claim  but cannot  mine without  entering                                                              
into a lease  with the state.   It adds a few more  protections to                                                              
the area in  that, in a lease, DNR  would be able to put  in a few                                                              
more stipulations  than  it might  otherwise be  able to do  under                                                              
regular operating plans.                                                                                                        
                                                                                                                                
REPRESENTATIVE  RAUSCHER requested  further clarification  on what                                                              
can and cannot be done.                                                                                                         
                                                                                                                                
MR. PARSONS explained  that exploration is allowed  to take place.                                                              
The leasehold  location order only  requires that another  step be                                                              
taken to enter into  a lease agreement with the  state to actually                                                              
operate and mine - it does not prevent mining.                                                                                  
                                                                                                                                
3:07:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TALERICO drew  attention to  the map and  observed                                                              
that the upper  left corner within the proposed  refuge is labeled                                                              
Eastern  Tanana Area  Plan and  to  the right  within the  mineral                                                              
closure area  it is labeled  Tanana Basin  Area Plan.   He offered                                                              
his  understanding  that this  plan  was  split and  therefore  it                                                              
would seem  that the  area on the  east side of  the map  would be                                                              
the Eastern Tanana Basin Area Plan.                                                                                             
                                                                                                                                
MR. PARSONS  explained that  this area is  subject to  four active                                                              
operating  plans.   The Tanana  Basin  Area Plan  was broken  into                                                              
multiple parts    the Susitna Area  Plan, the Eastern  Tanana Area                                                              
Plan, the  remnant Tanana  Basin Area  Plan that affects  portions                                                              
of this, and the  Copper Basin Area Plan.  The  map, he continued,                                                              
identifies  correctly  that there  is  the  remnant of  the  older                                                              
Tanana  Basin Area  Plan and  the  Eastern Tanana  Area Plan  only                                                              
modified a portion of it.                                                                                                       
                                                                                                                                
REPRESENTATIVE  RAUSCHER  asked  whether  there  is  a  designated                                                              
State of Alaska definition of state game refuge.                                                                                
                                                                                                                                
CO-CHAIR  JOSEPHSON  deferred  to  Mr. Meehan  to  answer  whether                                                              
there is a specific statutory definition of state game refuge.                                                                  
                                                                                                                                
MR.  MEEHAN replied  there is  a statutory  purpose statement  for                                                              
refuges  in Title  16, AS  16.20.010 through  AS 16.20.080,  which                                                              
continues  the enabling  legislation for  refuge areas.   It  says                                                              
the purpose  is to  protect and preserve  the natural  habitat and                                                              
game populations in certain designated areas of the state.                                                                      
                                                                                                                                
3:11:22 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  TARR moved  to report  HB 272,  Version 30-LS1167\U  [as                                                              
amended],  out of  committee with  individual recommendations  and                                                              
the accompanying fiscal notes.                                                                                                  
                                                                                                                                
REPRESENTATIVE JOHNSON objected.                                                                                                
                                                                                                                                
3:12:41 PM                                                                                                                    
                                                                                                                                
A roll  call vote  was taken.   Representatives Drummond,  Parish,                                                              
Lincoln,  Tarr,  and  Josephson  voted  in favor  of  HB  272,  as                                                              
amended.  Representatives  Birch, Johnson, Rauscher,  and Talerico                                                              
voted against  it.  Therefore, CSHB  272(RES) was reported  out of                                                              
the House Resources Standing Committee by a vote of 5-4.                                                                        
                                                                                                                                
3:13:52 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being  no further business  before the committee,  the House                                                              
Resources Standing Committee meeting was adjourned at 3:13 p.m.                                                                 

Document Name Date/Time Subjects
HB272 Meehan Refuge Q&A.pdf HRES 3/19/2018 1:00:00 PM
HB 272
HB272 ver U.pdf HRES 3/19/2018 1:00:00 PM
HB 272
HB272 Sponsor Statement.pdf HRES 3/19/2018 1:00:00 PM
HB 272
HB272 Sectional Analysis ver U.pdf HRES 3/19/2018 1:00:00 PM
HB 272
HB272 PPT for HRES March.pdf HRES 3/19/2018 1:00:00 PM
HB 272
HB272 Fiscal Note-DFG.pdf HRES 3/19/2018 1:00:00 PM
HB 272
HB272 Fiscal Note-DNR.pdf HRES 3/19/2018 1:00:00 PM
HB 272
HB272 Additional Document-Maps.pdf HRES 3/19/2018 1:00:00 PM
HB 272
HB272 Land Management Plans.pdf HRES 3/19/2018 1:00:00 PM
HB 272
HB272 Supporting Documents BOG, ADFG, BHA.pdf HRES 3/19/2018 1:00:00 PM
HB 272
HB272 Supporting Document Cultural Resource Plan Denali Hwy.pdf HRES 3/19/2018 1:00:00 PM
HB 272
HB272 Supporting Document News Article, CBC Mining activities, not hunting, responsible for northern caribou declines.pdf HRES 3/19/2018 1:00:00 PM
HB 272
HB272 Supporting Document News Article, Michigan State University, Mining can damage fish habitats far downstream.pdf HRES 3/19/2018 1:00:00 PM
HB 272
HB272 Supporting Document_CCA media_release.pdf HRES 3/19/2018 1:00:00 PM
HB 272
HB272 Supporting Document-Letter to Legislators.pdf HRES 3/19/2018 1:00:00 PM
HB 272
HB 272 Supporting Document-emails.pdf HRES 3/19/2018 1:00:00 PM
HB 272
HB 272 Supporting Document-AK-BHA Position.pdf HRES 3/19/2018 1:00:00 PM
HB 272
HB 272 Supporting Documents-HFSH Letters.pdf HRES 3/19/2018 1:00:00 PM
HB 272
HB272 Opposing Documents-Industry letters.pdf HRES 3/19/2018 1:00:00 PM
HB 272
HB 27 Sponsor Statement 3.8.18.pdf HRES 3/9/2018 1:00:00 PM
HRES 3/19/2018 1:00:00 PM
HRES 3/26/2018 1:00:00 PM
HRES 4/2/2018 1:00:00 PM
HRES 4/4/2018 1:00:00 PM
HB 27
HB 27 Ver. D bill 3.8.18.pdf HRES 3/9/2018 1:00:00 PM
HRES 3/19/2018 1:00:00 PM
HRES 3/26/2018 1:00:00 PM
HRES 4/2/2018 1:00:00 PM
HRES 4/4/2018 1:00:00 PM
HB 27
HB 27 Version A 1.18.17.PDF HRES 3/9/2018 1:00:00 PM
HRES 3/19/2018 1:00:00 PM
HRES 4/4/2018 1:00:00 PM
HB 27
HB 27 Version D Sectional Analysis 3.8.18.pdf HRES 3/9/2018 1:00:00 PM
HRES 3/19/2018 1:00:00 PM
HRES 3/26/2018 1:00:00 PM
HRES 4/2/2018 1:00:00 PM
HRES 4/4/2018 1:00:00 PM
HB 27
HB 27 Fiscal Note DEC 3-2-18 HIGH-RISK CHEMICALS FOR CHILD EXPOSURE 3.8.18.pdf HRES 3/9/2018 1:00:00 PM
HRES 3/19/2018 1:00:00 PM
HRES 3/26/2018 1:00:00 PM
HRES 4/2/2018 1:00:00 PM
HRES 4/4/2018 1:00:00 PM
HB 27
HB 27 Flame Retardents - Consumer Product Safety Commission 9-28-17.pdf HRES 3/9/2018 1:00:00 PM
HRES 3/19/2018 1:00:00 PM
HRES 3/26/2018 1:00:00 PM
HB 27
HB 27 Supporting Document - Consumer Product Chemicals in Indoor Dust Analysis 3.8.18.pdf HRES 3/9/2018 1:00:00 PM
HRES 3/19/2018 1:00:00 PM
HRES 3/26/2018 1:00:00 PM
HB 27
HB 27 Supporting Document - Household dust factsheet 3.8.18.pdf HRES 3/9/2018 1:00:00 PM
HRES 3/19/2018 1:00:00 PM
HRES 3/26/2018 1:00:00 PM
HB 27
HB 27 Supporting Document 5 Support Emails 3.8.18.pdf HRES 3/9/2018 1:00:00 PM
HRES 3/19/2018 1:00:00 PM
HRES 3/26/2018 1:00:00 PM
HB 27
HB 27 Supporting Document -20 Support Letters 3.8.18.pdf HRES 3/9/2018 1:00:00 PM
HRES 3/19/2018 1:00:00 PM
HRES 3/26/2018 1:00:00 PM
HB 27
HB 27 Flame Retardants Presentation.pdf HRES 3/9/2018 1:00:00 PM
HRES 3/19/2018 1:00:00 PM
HRES 3/26/2018 1:00:00 PM
HB 27
HB 27 Supporting Document - Safer States laws.pdf HRES 3/9/2018 1:00:00 PM
HRES 3/19/2018 1:00:00 PM
HRES 3/26/2018 1:00:00 PM
HB 27
HB 27 Supporting Document - Testimony - Talley 3.9.18.pdf HRES 3/9/2018 1:00:00 PM
HRES 3/19/2018 1:00:00 PM
HRES 3/26/2018 1:00:00 PM
HB 27
HB 27 Supporting Document All Alaska Pediatric Partnership 3.13.18.pdf HRES 3/19/2018 1:00:00 PM
HRES 3/26/2018 1:00:00 PM
HB 27
HB 27 Supporting Document - OEHHA - 2011 3.14.18.pdf HRES 3/19/2018 1:00:00 PM
HRES 3/26/2018 1:00:00 PM
HB 27
HB 27 Supporting Document - Mehta - 2012 - Open Flame Ignition Results and Analysis 3.14.18.pdf HRES 3/19/2018 1:00:00 PM
HRES 3/26/2018 1:00:00 PM
HB 27
HB 27 Supporting Document - Letter of Support IBEW 3.14.18.pdf HRES 3/19/2018 1:00:00 PM
HRES 3/26/2018 1:00:00 PM
HB 27
HB 27 Supporting Document - Lam et al PBDEs EHP 3.13.18.PDF HRES 3/19/2018 1:00:00 PM
HRES 3/26/2018 1:00:00 PM
HB 27
HB 27 Supporting Document - juvenile products initial statement of reasons 3.13.18.pdf HRES 3/19/2018 1:00:00 PM
HRES 3/26/2018 1:00:00 PM
HB 27
HB 27 Native Movement Letter of Support.pdf HRES 3/19/2018 1:00:00 PM
HRES 3/26/2018 1:00:00 PM
HB 27
HB 27 Letter of Support Norton Sound Health Corporation 3-9-18.pdf HRES 3/19/2018 1:00:00 PM
HRES 3/26/2018 1:00:00 PM
HB 27
HB 27 Letter of support HB27-Opik Ahkinga 3.14.18.pdf HRES 3/19/2018 1:00:00 PM
HRES 3/26/2018 1:00:00 PM
HB 27
HB 27 Letter of Support Alaska Community Action on Toxics 3-8-18.pdf HRES 3/19/2018 1:00:00 PM
HRES 3/26/2018 1:00:00 PM
HB 27
HRES Board of Game Confirmation - Lawrence Van Daele_Redacted 3.18.18.pdf HRES 3/19/2018 1:00:00 PM
Board of Game
HRES Big Game Commercial Services Confirmation - Jason Bunch_Redacted 3.18.18.pdf HRES 3/19/2018 1:00:00 PM
Big Game Commercial Services
HB 272 Amendment One - U.2 - Rep. Birch 3.18.18.pdf HRES 3/19/2018 1:00:00 PM
HB 272
HB 272 Amendment Two - U.3 - Rep. Birch 3.18.18.pdf HRES 3/19/2018 1:00:00 PM
HB 272
HB272 Map, SoA ownership, Leaseholds, Mineral orders, Land Classifications.pdf HRES 3/19/2018 1:00:00 PM
HB 272
HB272 Map_Oil & Gas interests in the region.pdf HRES 3/19/2018 1:00:00 PM
HB 272