Legislature(2019 - 2020)BARNES 124

05/03/2019 01:00 PM RESOURCES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 1:15 pm --
+= SB 43 EXTEND BIG GAME BOARD; OUTFITTER LICENSE TELECONFERENCED
Moved CSSB 43(FIN) Out of Committee
-- Testimony <Invitation Only> --
+= HB 138 NATIONAL RESOURCE WATER DESIGNATION TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ HB 116 AQUATIC FARM/HATCHERY SITE LEASES TELECONFERENCED
Heard & Held
-- Public Testimony <Time Limit May Be Set> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                          May 3, 2019                                                                                           
                           1:19 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative John Lincoln, Co-Chair                                                                                           
Representative Geran Tarr, Co-Chair                                                                                             
Representative Grier Hopkins, Vice Chair                                                                                        
Representative Sara Hannan                                                                                                      
Representative Ivy Spohnholz                                                                                                    
Representative Chris Tuck                                                                                                       
Representative Dave Talerico                                                                                                    
Representative George Rauscher                                                                                                  
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Sara Rasmussen                                                                                                   
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR SENATE BILL NO. 43(FIN)                                                                                                  
"An  Act  extending   the  termination  date  of   the  Big  Game                                                               
Commercial Services Board; relating  to a person's eligibility to                                                               
hold   a  registered   guide-outfitter  license,   master  guide-                                                               
outfitter  license, class-A  assistant  guide license,  assistant                                                               
guide  license,  or transporter  license;  and  providing for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - MOVED CSSB 43(FIN) OUT OF COMMITTEE                                                                                      
                                                                                                                                
HOUSE BILL NO. 138                                                                                                              
"An Act requiring  the designation of state  water as outstanding                                                               
national  resource  water  to  occur   in  statute;  relating  to                                                               
management  of   outstanding  national  resource  water   by  the                                                               
Department of  Environmental Conservation;  and providing  for an                                                               
effective date."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 116                                                                                       
"An Act relating  to the renewal or extension of  site leases for                                                               
aquatic  farming   and  aquatic  plant  and   shellfish  hatchery                                                               
operations."                                                                                                                    
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  43                                                                                                                  
SHORT TITLE: EXTEND BIG GAME BOARD; OUTFITTER LICENSE                                                                           
SPONSOR(s): SENATOR(s) WILSON                                                                                                   
                                                                                                                                
02/04/19       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/04/19       (S)       RES, FIN                                                                                               
02/20/19       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
02/20/19       (S)       Heard & Held                                                                                           
02/20/19       (S)       MINUTE(RES)                                                                                            
02/27/19       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
02/27/19       (S)       Moved SB 43 Out of Committee                                                                           
02/27/19       (S)       MINUTE(RES)                                                                                            
03/01/19       (S)       RES RPT  4DP 1NR 1AM                                                                                   
03/01/19       (S)       DP: BIRCH, KIEHL, COGHILL, GIESSEL                                                                     
03/01/19       (S)       NR: BISHOP                                                                                             
03/01/19       (S)       AM: REINBOLD                                                                                           
03/13/19       (S)       FIN AT 9:00 AM SENATE FIN 532                                                                          
03/13/19       (S)       Heard & Held                                                                                           
03/13/19       (S)       MINUTE(FIN)                                                                                            
03/29/19       (S)       FIN AT 9:00 AM SENATE FIN 532                                                                          
03/29/19       (S)       Heard & Held                                                                                           
03/29/19       (S)       MINUTE(FIN)                                                                                            
04/09/19       (S)       FIN AT 9:00 AM SENATE FIN 532                                                                          
04/09/19       (S)       Moved CSSB 43(FIN) Out of Committee                                                                    
04/09/19       (S)       MINUTE(FIN)                                                                                            
04/10/19       (S)       FIN RPT CS  3DP 4NR NEW TITLE                                                                          
04/10/19       (S)       DP: VON IMHOF, MICCICHE, WILSON                                                                        
04/10/19       (S)       NR:   STEDMAN,   SHOWER,   WIELECHOWSKI,                                                               
                         BISHOP                                                                                                 
04/17/19       (S)       TRANSMITTED TO (H)                                                                                     
04/17/19       (S)       VERSION: CSSB 43(FIN)                                                                                  
04/22/19       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/22/19       (H)       RES, FIN                                                                                               
04/29/19       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/29/19       (H)       Heard & Held                                                                                           
04/29/19       (H)       MINUTE(RES)                                                                                            
05/03/19       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB 138                                                                                                                  
SHORT TITLE: NATIONAL RESOURCE WATER DESIGNATION                                                                                
SPONSOR(s): REPRESENTATIVE(s) KOPP                                                                                              
                                                                                                                                
04/17/19       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/17/19       (H)       RES, FIN                                                                                               
04/29/19       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/29/19       (H)       Heard & Held                                                                                           
04/29/19       (H)       MINUTE(RES)                                                                                            
05/03/19       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB 116                                                                                                                  
SHORT TITLE: AQUATIC FARM/HATCHERY SITE LEASES                                                                                  
SPONSOR(s): REPRESENTATIVE(s) STORY                                                                                             
                                                                                                                                
03/27/19       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/27/19       (H)       FSH, RES                                                                                               
04/12/19       (H)       SPONSOR SUBSTITUTE INTRODUCED                                                                          
04/12/19       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/12/19       (H)       FSH, RES                                                                                               
04/16/19       (H)       FSH AT 10:00 AM GRUENBERG 120                                                                          
04/16/19       (H)       -- MEETING CANCELED --                                                                                 
04/23/19       (H)       FSH AT 10:00 AM GRUENBERG 120                                                                          
04/23/19       (H)       Heard & Held                                                                                           
04/23/19       (H)       MINUTE(FSH)                                                                                            
04/25/19       (H)       FSH AT 10:00 AM GRUENBERG 120                                                                          
04/25/19       (H)       Moved SSHB 116 Out of Committee                                                                        
04/25/19       (H)       MINUTE(FSH)                                                                                            
04/26/19       (H)       FSH RPT 7DP                                                                                            
04/26/19       (H)       DP: TARR, VANCE, KOPP, EDGMON, NEUMAN,                                                                 
                         KREISS-TOMKINS, STUTES                                                                                 
05/03/19       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR DAVID WILSON                                                                                                            
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Speaking as the sponsor of CSSB 43(FIN),                                                                 
restated the purpose of the bill.                                                                                               
                                                                                                                                
REPRESENTATIVE CHUCK KOPP                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Speaking as the sponsor of HB 138, provided                                                              
additional information for the committee to review.                                                                             
                                                                                                                                
JENNIFER CURRIE, Senior Assistant Attorney General                                                                              
Environmental Section                                                                                                           
Civil Division (Anchorage)                                                                                                      
Department of Law (DOL)                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions related to HB 138.                                                                    
                                                                                                                                
EARL CRAPPS, Manager                                                                                                            
Domestic and Industrial Utilities Section                                                                                       
Wastewater Discharge Authorization Program                                                                                      
Division of Water                                                                                                               
Department of Environmental Conservation (DEC)                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions related to HB 138.                                                                    
                                                                                                                                
NILS ANDREASSEN, Executive Director                                                                                             
Alaska Municipal League (AML)                                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing of HB 138, provided a                                                                 
PowerPoint presentation titled "Tier 3 Designation Impacting                                                                    
Community Development."                                                                                                         
                                                                                                                                
REPRESENTATIVE ANDI STORY                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Speaking as the sponsor of SSHB 116,                                                                     
introduced the bill.                                                                                                            
                                                                                                                                
GREG SMITH, Staff                                                                                                               
Representative Andi Story                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  On behalf of Representative Story, sponsor,                                                              
answered questions related to SSHB 116.                                                                                         
                                                                                                                                
GAROLD "FLIP" PRYOR, Fish and Game Coordinator                                                                                  
Alaska Department of Fish and Game (ADF&G)                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions related to SSHB 116.                                                                  
                                                                                                                                
MARTY PARSONS, Director                                                                                                         
Central Office                                                                                                                  
Division of Mining, Land and Water                                                                                              
Department of Natural Resources (DNR)                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Answered questions related to SSHB 116.                                                                  
                                                                                                                                
JULIE DECKER, Executive Director                                                                                                
Alaska Fisheries Development Foundation, Inc. (AFDF)                                                                            
Wrangell, Alaska                                                                                                                
POSITION STATEMENT:  Testified in support of SSHB 116.                                                                        
                                                                                                                                
ALPHEUS BULLARD, Attorney                                                                                                       
Legislative Legal Counsel                                                                                                       
Legislative Legal Services                                                                                                      
Legislative Affairs Agency                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions related to SSHB 116.                                                                  
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:19:41 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  JOHN  LINCOLN  called   the  House  Resources  Standing                                                             
Committee meeting  to order at  1:19 p.m.   Representatives Tuck,                                                               
Hannan,  Spohnholz, Hopkins,  Tarr, and  Lincoln were  present at                                                               
the  call  to  order.    Representatives  Talerico  and  Rauscher                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
        SB  43-EXTEND BIG GAME BOARD; OUTFITTER LICENSE                                                                     
                                                                                                                                
1:20:36 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  LINCOLN  announced that  the  first  order of  business                                                               
would be  CS FOR SENATE BILL  NO. 43(FIN), "An Act  extending the                                                               
termination  date  of the  Big  Game  Commercial Services  Board;                                                               
relating to  a person's eligibility  to hold a  registered guide-                                                               
outfitter  license,  master  guide-  outfitter  license,  class-A                                                               
assistant guide license, assistant  guide license, or transporter                                                               
license; and providing for an effective date."                                                                                  
                                                                                                                                
CO-CHAIR LINCOLN stated  that the committee had  not received any                                                               
amendments for CSSB  43(FIN) and said it is the  intention of the                                                               
co-chairs to take final action on the bill today.                                                                               
                                                                                                                                
1:21:11 PM                                                                                                                    
                                                                                                                                
SENATOR DAVID  WILSON, Alaska State Legislature,  speaking as the                                                               
sponsor of  CSSB 43(FIN), said  the Big Game  Commercial Services                                                               
Board  provides  a valuable  service  to  the community  and  the                                                               
state.   He further  said the  board plays  an important  role in                                                               
managing the  activities of the  commercial game hunters  and the                                                               
interests  of the  state's wildlife  resources.   He thanked  the                                                               
committee for hearing the bill.                                                                                                 
                                                                                                                                
1:21:56 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR moved to report  CSSB 43(FIN) out of committee with                                                               
individual recommendations and the accompanying fiscal notes.                                                                   
                                                                                                                                
1:22:15 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:22 p.m. to 1:23 p.m.                                                                       
                                                                                                                                
1:23:26 PM                                                                                                                    
                                                                                                                                
CO-CHAIR LINCOLN  asked whether  there was  any objection  to the                                                               
motion.   [There being  no objection,  CSSB 43(FIN)  was reported                                                               
from the House Resources Standing Committee.]                                                                                   
1:22:17 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:22 p.m. to 1:26 p.m.                                                                       
                                                                                                                                
           HB 138-NATIONAL RESOURCE WATER DESIGNATION                                                                       
                                                                                                                                
1:26:47 PM                                                                                                                    
                                                                                                                                
CO-CHAIR LINCOLN announced that the  next order of business would                                                               
be  HOUSE BILL  NO. 138,  "An  Act requiring  the designation  of                                                               
state water  as outstanding national  resource water to  occur in                                                               
statute; relating to management  of outstanding national resource                                                               
water  by  the  Department  of  Environmental  Conservation;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
CO-CHAIR LINCOLN  stated that this  is the bill's  second hearing                                                               
before the committee and that  at the first hearing the committee                                                               
took invited and public testimony.   He said the co-chairs do not                                                               
intend to move the bill out of committee today.                                                                                 
                                                                                                                                
1:27:18 PM                                                                                                                    
                                                                                                                                
CO-CHAIR LINCOLN closed public testimony on HB 138.                                                                             
                                                                                                                                
1:27:27 PM                                                                                                                    
                                                                                                                                
CO-CHAIR LINCOLN  noted that the  following questions  were posed                                                               
by committee members  at the bill's first hearing:   1) how other                                                               
states  designate  Tier  3  waters   and  its  impacts  to  local                                                               
municipalities;  2)  whether   the  Department  of  Environmental                                                               
Conservation (DEC) currently has  the authority to designate Tier                                                               
3 waters,  and 3) how other  states designate Tier 3  waters.  He                                                               
directed attention  to the following  documents in  the committee                                                               
packet:    a legal  memorandum  regarding  designating a  Tier  3                                                               
waterbody by ballot  measure, a memorandum from DEC  on how other                                                               
states  designate  Tier  3  waters,   and  a  [legal]  memorandum                                                               
regarding the  [current] statutory authority of  DEC to designate                                                               
Tier 3 waters.                                                                                                                  
                                                                                                                                
1:27:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CHUCK  KOPP, Alaska State Legislature,  sponsor of                                                               
HB  138, said  the aforementioned  memorandums should  answer the                                                               
committee's questions.                                                                                                          
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
1:29:12 PM                                                                                                                    
                                                                                                                                
CO-CHAIR LINCOLN  inquired whether  Ms. Currie of  the Department                                                               
of Law (DOL) could describe the legal memorandums.                                                                              
                                                                                                                                
JENNIFER    CURRIE,    Senior   Assistant    Attorney    General,                                                               
Environmental Section, Civil  Division (Anchorage), Department of                                                               
Law  (DOL), replied  that those  are not  her memorandums  and it                                                               
might  be  more appropriate  for  Legislative  Legal Services  to                                                               
introduce them.                                                                                                                 
                                                                                                                                
CO-CHAIR TARR said  the committee would like to go  over the same                                                               
two things with  the DOL that are in the  legislative legal memos                                                               
because  at  the   first  hearing  there  were   some  points  of                                                               
disagreement  and the  committee wants  to ground  truth it  with                                                               
DOL.   Regarding the first  issue of whether a  designation could                                                               
take place through a citizen  initiative, she related that Alaska                                                               
Legal Services  says no because  of the common  property resource                                                               
allocation issue.   In regard to the second issue  of whether DEC                                                               
currently has  the authority  to designate  [Tier 3  waters], she                                                               
related  that  according  to   Legislative  Legal  Services,  the                                                               
department does  have that  authority.   She requested  the DOL's                                                               
response or the administration's position on those two matters.                                                                 
                                                                                                                                
1:30:46 PM                                                                                                                    
                                                                                                                                
MS. CURRIE addressed  whether HB 138, as  written, would prohibit                                                               
initiatives from being filed with  respect to designation of Tier                                                               
3 waters.  She responded:                                                                                                       
                                                                                                                                
     Legislation  doesn't have  the ability  to cut  off ...                                                                    
     the  right  to   file  an  initiative.     And  so  the                                                                    
     Department of  Law plays an  integral role  in deciding                                                                    
     whether or not an initiative  is an appropriation.  And                                                                    
     at this point, we're not  in a position to adjudicate a                                                                    
     hypothetical  situation where  a  Tier 3  might be  ...                                                                    
     brought forward through initiative,  but I wouldn't say                                                                    
     that it cuts off the opportunity.                                                                                          
                                                                                                                                
1:31:51 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR drew  attention to the memorandum  in the committee                                                               
packet dated  May 1,  2019, from  Emily Nauman,  Deputy Director,                                                               
Legislative  Legal   Services,  regarding   Outstanding  National                                                               
Resource  Water:  Initiative.    She read  aloud  the  first  two                                                               
paragraphs  on   page  1,   which  state   [original  punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     You  asked whether,  if HB  138 passed,  the law  would                                                                    
     preclude designation  of outstanding  national resource                                                                    
     water by initiative.                                                                                                       
                                                                                                                                
     The short  answer is, under  the recent  Alaska Supreme                                                                    
                                                        1                                                                       
     Court  holding  in Mallott  v.  Stand  for  Salmon,  an                                                                    
     initiative  probably could  not  be  used to  designate                                                                    
     outstanding national  resource water  without violating                                                                    
     art. XI,  sec. 7  of the Constitution  of the  State of                                                                    
     Alaska, regardless of whether HB 138 passes.                                                                               
                                                                                                                                
CO-CHAIR TARR asked  whether Ms. Currie is saying  that the DOL's                                                               
position is that that is incorrect.                                                                                             
                                                                                                                                
MS. CURRIE  answered, "I would  say that the Department  of Law's                                                               
position is  that whether  or not it  was an  appropriation would                                                               
depend  on the  facts  of  the initiative  itself  and we're  not                                                               
prepared to  offer an  opinion about whether  every Tier  3 water                                                               
designation brought by initiative would be an appropriation."                                                                   
                                                                                                                                
1:32:49 PM                                                                                                                    
                                                                                                                                
CO-CHAIR LINCOLN offered his understanding  that, if the question                                                               
is set aside  of whether a Tier 3 waterbody  can be designated by                                                               
ballot initiative, the main underlying  point is that any sort of                                                               
statutory  change wouldn't  have  an impact  on  the ability  for                                                               
citizen-led initiatives to take place.                                                                                          
                                                                                                                                
MS. CURRIE replied, "I believe that's correct."                                                                                 
                                                                                                                                
1:33:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN  recounted Ms. Currie's statement  that Ms.                                                               
Currie  was unclear  as to  whether all  ballot initiatives  that                                                               
would  do Tier  3  designation would  be found  unconstitutional.                                                               
She requested  Ms. Currie to  elaborate on the  circumstances for                                                               
why some would and some would not.                                                                                              
                                                                                                                                
MS. CURRIE responded:                                                                                                           
                                                                                                                                
     I believe  that the individual circumstances  of a Tier                                                                    
     3 designation would or could  affect whether or not the                                                                    
     Department  of  Law  would determine  that  it  was  an                                                                    
     appropriation or  not.   And so I  think that  we can't                                                                    
     wholeheartedly  say,  as [Legislative  Legal  Services]                                                                    
     has, that it's likely  that every initiative brought to                                                                    
     designate a Tier 3 would be an appropriation.                                                                              
                                                                                                                                
REPRESENTATIVE  HANNAN  said  that  that  is  the  point  she  is                                                               
confused by.   She  requested a hypothetical  example of  how one                                                               
designation could  be an appropriation  and another  one wouldn't                                                               
be an appropriation.                                                                                                            
                                                                                                                                
MS.  CURRIE answered  she  is  hesitant to  do  that because  the                                                               
Department of Law  has a distinct role in  determining whether or                                                               
not  an  initiative  is  an   appropriation  or  not.    So,  she                                                               
continued,  she  wouldn't  want   to  opine  about  that  without                                                               
something concrete being proposed.                                                                                              
                                                                                                                                
REPRESENTATIVE HANNAN stated  she is unsure of what  would be the                                                               
legal  factors that  would  determine  whether or  not  it is  an                                                               
appropriation.  She asked whether it  would depend on the size of                                                               
the river, the  acreage impacted, the number  of people affected,                                                               
the cost, or the amount of the legal taking.                                                                                    
                                                                                                                                
MS. CURRIE replied  that she thinks all of those  things could be                                                               
factors.   She said she  also thinks that  technology, geography,                                                               
and many other things could come into the equation.                                                                             
                                                                                                                                
1:36:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR remarked  that this is very confusing  and said the                                                               
committee  had  hoped  to  work   through  these  details.    She                                                               
requested Ms.  Currie's reaction to  page 2, first  paragraph, of                                                               
Ms.  Nauman's May  1,  2019,  legal memo,  which  states in  part                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     The department has described the  standard; "if a water                                                                    
     were to be  designated by the state as a  Tier 3 water,                                                                    
     new  or  increased  discharges   that  would  lower  or                                                                    
        degrade the existing water quality would not be                                                                         
                                                      6                                                                         
     allowable unless they were temporary or limited."                                                                          
                                                                                                                                
     Because this  standard would likely  completely prevent                                                                    
     the  legislature from  permitting projects  that result                                                                    
     in  the permanent  destruction of  outstanding national                                                                    
     resource  water, a  court  is likely  to  find that  an                                                                    
     initiative  nominating  outstanding  national  resource                                                                    
                                                         7                                                                      
     water constitutes an unconstitutional appropriation.                                                                       
                                                                                                                                
MS.  CURRIE responded  that  she disagrees.    She continued,  "I                                                               
disagree that there  is a way to categorically  say that, without                                                               
having a specific river to consider."                                                                                           
                                                                                                                                
CO-CHAIR TARR  stated it is  interesting to have  two conflicting                                                               
thoughts on  this.  She  said she wants  to ensure that  there is                                                               
always an opportunity for  citizen participation, whichever route                                                               
the legislature  chooses.   This is  a challenge,  she continued,                                                               
given  [Legislative Legal  Services] says  that at  least through                                                               
this  process  that  wouldn't  be  a  way  for  the  citizens  to                                                               
participate,  but Ms.  Currie is  saying  that it  depends.   She                                                               
inquired  whether  Ms. Currie  could  look  at the  current  five                                                               
nominations and evaluate those.                                                                                                 
                                                                                                                                
MS. CURRIE answered she thinks  it would be inappropriate for the                                                               
Department of Law to opine on  the rivers that have been proposed                                                               
when they  haven't been proposed  by initiative, because  if they                                                               
were to come  by initiative and DOL were to  have already offered                                                               
an opinion that would be prejudicial.                                                                                           
                                                                                                                                
CO-CHAIR TARR offered her appreciation for Ms. Currie's answer.                                                                 
                                                                                                                                
1:39:57 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:40 p.m. to 1:46 p.m.                                                                       
                                                                                                                                
1:46:16 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  LINCOLN  brought attention  to  the  memorandum in  the                                                               
committee packet  dated May  2, 2019,  from Emily  Nauman, Deputy                                                               
Director,  Legislative Legal  Services,  regarding the  statutory                                                               
authority of  the Department of Environmental  Conservation (DEC)                                                               
to  designate Outstanding  National  Resource Water  (ONRW).   He                                                               
read  aloud page  2, paragraph  2, first  sentence, which  states                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Ultimately, I believe it is likely a court would find                                                                      
       that the department has the statutory authority to                                                                       
     designate or manage a water as an ONRW.                                                                                    
                                                                                                                                
CO-CHAIR LINCOLN asked Ms. Currie if she has read this memo.                                                                    
                                                                                                                                
MS. CURRIE replied  she looked at the documents  available to her                                                               
two hours ago, but this memorandum  was not among them.  She said                                                               
she  has since  looked  at the  memo briefly,  but  hasn't had  a                                                               
chance to go into it in depth.                                                                                                  
                                                                                                                                
1:47:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HANNAN drew  attention to  the memorandum  in the                                                               
committee packet dated May 3,  2019, from Earl Crapps, Department                                                               
of Environmental Conservation (DEC),  regarding a review of other                                                               
states'  approach to  Tier  3.   She  read  aloud  from the  last                                                               
sentence  in   the  memo,  which  states   [original  punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
       Currently, the department is aware of four states:                                                                       
     Idaho, Indiana, Maine and Montana, where the authority                                                                     
     for Tier 3 designation resides with the Legislature.                                                                       
                                                                                                                                
REPRESENTATIVE  HANNAN  inquired whether  in  any  of those  four                                                               
states  it is  exclusively a  legislative designation  or whether                                                               
there is a process that those  legislatures must use to make that                                                               
determination.                                                                                                                  
                                                                                                                                
1:47:57 PM                                                                                                                    
                                                                                                                                
EARL CRAPPS, Manager, Domestic  and Industrial Utilities Section,                                                               
Wastewater  Discharge Authorization  Program, Division  of Water,                                                               
Department  of Environmental  Conservation (DEC),  responded that                                                               
for those  four states it  is not  exclusive, there is  a process                                                               
before legislative approval.                                                                                                    
                                                                                                                                
REPRESENTATIVE  HANNAN presumed  the  process isn't  the same  in                                                               
each of the four states and  requested Mr. Crapps to describe the                                                               
process for each state prior to a legislative designation.                                                                      
                                                                                                                                
MR. CRAPPS  answered that for the  most part in general  there is                                                               
an agency,  board, or commission review  before those nominations                                                               
are then forwarded to the legislature for final approval.                                                                       
                                                                                                                                
REPRESENTATIVE  HANNAN  asked   whether  those  legislatures  are                                                               
looking  at  a  score  and   an  evaluation  that  are  done  for                                                               
designation  by an  agency, board,  or commission.   She  further                                                               
asked whether  receiving a  certain score  is required  to pursue                                                               
the  designation or  whether the  legislature has  total latitude                                                               
regardless of what the agency, board, or commission recommends.                                                                 
                                                                                                                                
MR.  CRAPPS offered  his understanding  that the  legislature has                                                               
the latitude regardless of what is provided to it.                                                                              
                                                                                                                                
REPRESENTATIVE  HANNAN   inquired  as   to  the   consistency  of                                                               
complying with  the recommendations given to  the legislatures in                                                               
those states.                                                                                                                   
                                                                                                                                
MR. CRAPPS  replied it would be  widely varied.  For  example, he                                                               
continued,  Idaho  is  one  of the  four  states  identified  and                                                               
Idaho's legislature has not yet designated a Tier 3 water.                                                                      
                                                                                                                                
REPRESENTATIVE HANNAN  asked how long  Idaho has had  its process                                                               
in place.                                                                                                                       
                                                                                                                                
MR.  CRAPPS responded  it varies  by state  and he  will have  to                                                               
provide that information to the committee at a later date.                                                                      
                                                                                                                                
1:50:57 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  TARR  referenced the  May  2,  2019, Legislative  Legal                                                               
Services  memorandum,  and  stated   that  there  is  conflicting                                                               
information as to  whether DEC can currently do  this and whether                                                               
the   legislation  is   necessary.     She   asked  whether   the                                                               
administration has a position on that.                                                                                          
                                                                                                                                
MS.  CURRIE answered  that DOL's  position  is that  it isn't  as                                                               
clear a conclusion as the  memorandum would present.  The reason,                                                               
she said,  is that  the designation  of a  Tier 3  water contains                                                               
many other  factors besides  water quality  and purity,  which is                                                               
what DEC was  delegated authority to make decisions  on.  Because                                                               
of that,  she continued, DOL thinks  it is unclear as  to whether                                                               
DEC currently has the authority to do those designations.                                                                       
                                                                                                                                
1:52:23 PM                                                                                                                    
                                                                                                                                
CO-CHAIR LINCOLN stated  there is a need for more  time to review                                                               
the information.   He said the Alaska Municipal  League (AML) has                                                               
prepared a presentation for today  in response to the committee's                                                               
questions at the bill's first hearing [on 4/29/19].                                                                             
                                                                                                                                
1:52:53 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR related  that the bill as  originally introduced in                                                               
the other body  [SB 51] was supported by the  administration.  In                                                               
[SB 51], she  continued, designation had to be  reviewed by three                                                               
departments and  then go  to the legislature  for approval.   She                                                               
posed  a scenario  in which  there  would be  an opportunity  for                                                               
agency designation  or legislative approval and  pointed out that                                                               
in this  scenario citizens  could go to  the legislature  if they                                                               
believed an  agency was  being unresponsive.   She  asked whether                                                               
the Department of  Law has a position or thoughts  on the idea of                                                               
this kind of a dual process.                                                                                                    
                                                                                                                                
MS.  CURRIE replied  she would  have to  see the  wording of  any                                                               
amendment and does not have an opinion one way or the other.                                                                    
                                                                                                                                
1:54:18 PM                                                                                                                    
                                                                                                                                
NILS  ANDREASSEN,  Executive  Director, Alaska  Municipal  League                                                               
(AML), explained that his PowerPoint  presentation titled "Tier 3                                                               
Designation Impacting  Community Development"  is a  follow-up to                                                               
his 4/29/19  testimony on HB  138.  Turning  to slide 2,  he said                                                               
his  starting point  is similar  to  the Department  of Law's  in                                                               
regard to "adjudicate hypotheticals," in  that AML is being asked                                                               
"to determine  ... what  that impact looks  like for  a community                                                               
without that community  and that question in front us."   He said                                                               
the  bill, as  he understands  it,  is to  determine whether  the                                                               
legislature is the appropriate body  to make decisions related to                                                               
Tier  3 designations.    Separately and  differently,  it is  not                                                               
about whether  an actual Tier  3 designation has impact  or value                                                               
or what those would be, he continued.                                                                                           
                                                                                                                                
MR. ANDREASSEN stated he is basing  a lot of his understanding on                                                               
the work done by  DEC and that slide 3 is a  snapshot of a number                                                               
of DEC  documents related  to Tier  3 designation.   He  said the                                                               
first statement is  the starting point and read it  aloud:  "If a                                                               
water were to be  designated by the state as a  Tier 3 water, new                                                               
or increased discharges that would  lower or degrade the existing                                                               
water quality would  not be allowable unless  they were temporary                                                               
or limited."   This impacts  communities in many  different ways,                                                               
he continued, and across the board across the state.                                                                            
                                                                                                                                
1:56:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK  said  it  is pretty  well  known  that  the                                                               
legislature  has the  ultimate decision  making authority  to use                                                               
specific public assets  for specific purposes.   He asked whether                                                               
what is  being reviewed today  is that the legislature  does have                                                               
that authority.                                                                                                                 
                                                                                                                                
MR.  ANDREASSEN replied  that that  is his  understanding of  the                                                               
bill's  intent.   He  said  the question  asked  of  him was  the                                                               
municipal impact, or the  relationship between municipalities and                                                               
local governments and HB 138.                                                                                                   
                                                                                                                                
CO-CHAIR LINCOLN related that there  was a question at the bill's                                                               
first  hearing on  the impacts  to  municipalities for  different                                                               
types of  projects and that  Mr. Andreassen had agreed  to follow                                                               
up with answers to those questions.                                                                                             
                                                                                                                                
REPRESENTATIVE TUCK drew  attention to the first  bullet point on                                                               
slide 2, which states:  "The  question raised by HB138 is whether                                                               
the  Legislature is  best-suited to  determine impact  ...."   He                                                               
said he  thinks the  legislature has  the ultimate  decision just                                                               
naturally  and by  the state's  constitution.   He  noted he  was                                                               
unsure whether it was this issue  that would be reviewed today or                                                               
the impact on municipalities.                                                                                                   
                                                                                                                                
1:57:48 PM                                                                                                                    
                                                                                                                                
MR. ANDREASSEN  moved to  slide 4  and resumed  his presentation.                                                               
He said the roles of municipalities  are many and so he looked at                                                               
the 165  cities and  boroughs that  are members  of AML  that are                                                               
incorporated as cities or boroughs,  or as political subdivisions                                                               
of the  state, and  examined their intersection  with water.   He                                                               
reported that 112  municipalities have the power  to manage their                                                               
water  systems,   111  have   the  power   to  manage   and  have                                                               
responsibility  for sewer  and wastewater,  72  have adopted  the                                                               
power to  manage their  ports and harbors,  109 have  adopted the                                                               
power to  manage their landfills  and solid and  hazardous waste,                                                               
108  have  adopted  powers  related   to  road  construction  and                                                               
maintenance, and 2 have adopted  powers related to flood control.                                                               
Each of  these intersects with  a Tier 3 designation,  he pointed                                                               
out.  However, he  added, it is not across the  board in terms of                                                               
how  municipalities   have  adopted   powers  -  only   12  local                                                               
governments have no powers related to  any of these, so 7 percent                                                               
aren't  responsible  in a  way  that  intersects  with a  Tier  3                                                               
designation, and  93 percent of  city and borough  governments in                                                               
the state  would potentially be  affected by Tier  3 designation.                                                               
Additionally, he  noted, AML's understanding  is that  fish waste                                                               
or processing facilities and other  things upon which communities                                                               
might depend as  a tax base could be impacted,  as well as gravel                                                               
pits for  local infrastructure,  road construction,  and building                                                               
materials.  Further,  he added, there are  questions around barge                                                               
traffic  or  fuel  delivery  to  the extent  that  they  are  not                                                               
temporary impacts.                                                                                                              
                                                                                                                                
1:59:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HANNAN inquired  whether AML  looked at  the five                                                               
current  nominations for  rivers and  how many  municipalities or                                                               
organized governments those intersect with.                                                                                     
                                                                                                                                
MR. ANDREASSEN  responded he  has a  forthcoming slide  that will                                                               
address that.                                                                                                                   
                                                                                                                                
2:00:10 PM                                                                                                                    
                                                                                                                                
MR. ANDREASSEN  continued his  presentation and  addressed slides                                                               
5-7.  He said he looked  at the Village Safe Water program, which                                                               
addresses  other  communities  beyond  incorporated  cities  that                                                               
might  have  water and  wastewater  needs,  and that  the  slides                                                               
depict  the priority  projects  listed within  the  program.   He                                                               
pointed out  that a  number of communities  are waiting  on first                                                               
service or upgrades  to service, both of  which could potentially                                                               
add to  discharge related  to waterbodies.   So,  he said,  it is                                                               
incredibly significant  to incorporated  cities and  boroughs and                                                               
communities  around the  state,  including those  that are  still                                                               
waiting for water  and wastewater management.   He suggested that                                                               
this is probably something better for  DEC to follow up on in the                                                               
future as HB 138 is further considered.                                                                                         
                                                                                                                                
REPRESENTATIVE  HANNAN  asked  whether first  service  means  the                                                               
village  currently has  no municipal  or  local government  water                                                               
service and therefore individual  homeowners would be using honey                                                               
buckets or would have septic systems or wells of their own.                                                                     
                                                                                                                                
MR.  ANDREASSEN answered  that  that is  his  understanding.   He                                                               
added, "It  might be less that  there is no municipal  service or                                                               
there  is no  service  in that  community, or  that  there is  an                                                               
expansion of service  in the community different  than an upgrade                                                               
to those facilities."                                                                                                           
                                                                                                                                
2:02:23 PM                                                                                                                    
                                                                                                                                
MR. ANDREASSEN  turned to slide  8 and discussed  the communities                                                               
that  could be  potentially impacted  by the  current nominations                                                               
for Tier 3 designation.  He  qualified he doesn't have the [five]                                                               
Tier 3 nominations  in front of him, but that  the communities on                                                               
slide 8  are near to, or  related to, nominated waterbodies.   He                                                               
said  the slide  illustrates the  different types  of communities                                                               
(different powers, obligations,  and responsibilities) related to                                                               
any one waterbody.  He qualified  he doesn't have a clear picture                                                               
of the Chandalar  River, but noted [Fort  Yukon] is incorporated,                                                               
in  an unorganized  borough,  with  responsibilities [for  water,                                                               
landfill,  and  solid  waste];   and  [Venetie  and  Beaver]  are                                                               
unincorporated  so  don't  have   responsibilities,  and  are  in                                                               
unorganized boroughs.   Regarding the Yakutat  Forelands, he said                                                               
the  City   and  Borough   of  Yakutat  has   a  full   suite  of                                                               
responsibilities [sewer, water,  landfill, ports/harbors, roads],                                                               
and has an ordinance objecting  to the nomination.  Regarding the                                                               
Chilkat River, he stated that  the Haines Borough is incorporated                                                               
[with  responsibilities  of  sewer, piped  water,  ports/harbors,                                                               
roads]  and  that Klukwan  is  unincorporated  in an  unorganized                                                               
borough.   Regarding  the Koktuli  River, he  said the  different                                                               
communities   have  different   responsibilities  [Newhalen   and                                                               
Nondalton  are  each  responsible  for  sewer,  water,  landfill,                                                               
roads, and  Lake and Peninsula Borough  ports/harbors; Iliamna is                                                               
unincorporated  and  in the  Lake  and  Peninsula Borough].    He                                                               
opined  that in  the case  of an  unincorporated community  in an                                                               
unorganized  borough, the  question of  a Tier  3 designation  is                                                               
placed on the legislature as that borough's assembly.                                                                           
                                                                                                                                
2:05:47 PM                                                                                                                    
                                                                                                                                
MR. ANDREASSEN displayed slide 9  and related AML's justification                                                               
for legislative approval  related to HB 138.  He  stated that for                                                               
AML it starts in the constitution,  and the members he has talked                                                               
with have  said they would  prefer that power.   As shown  by his                                                               
review of communities related to  the current nominations, making                                                               
it a  local decision  would be challenging,  he continued.   This                                                               
body,   he   said,   gives  those   communities/stakeholders   an                                                               
opportunity to  air the challenges, concerns,  and questions they                                                               
have  in  front  of  policymakers responsible  for  making  those                                                               
decisions.   He pointed  out that the  majority of  APDES [Alaska                                                               
Pollutant  Discharge  Elimination   System]  permits  are  issued                                                               
within  an  organized  borough,  which  has  the  capability  and                                                               
capacity, along with DEC as a  regulator, in a way that might not                                                               
be  had  in the  unorganized  borough.   An  unorganized  borough                                                               
doesn't  have   an  assembly  other  than   the  legislature,  he                                                               
reiterated, which  gives the  legislature a  different obligation                                                               
than  in an  organized borough.    There is  extensive impact  to                                                               
local governments across the state,  he continued, but not all of                                                               
these are regulated  by DEC.  The legislature, he  added, is in a                                                               
strong position to  work with DEC to fully vet  with public input                                                               
any proposal  designating a water  of national significance.   He                                                               
said the naming  of water of national significance  speaks to him                                                               
as going  beyond an agency decision,  and is similar to  the role                                                               
of  the  U.S.  Congress  in   naming  national  parks  and  other                                                               
conservation units.   He maintained  that while the  decision can                                                               
be made  with best science  and public  input, it is  a political                                                               
decision that is appropriate to be made by the legislature.                                                                     
                                                                                                                                
CO-CHAIR  TARR pointed  out that  APDES is  the Alaska  Pollution                                                               
Discharge Elimination  System and  that the  State of  Alaska has                                                               
primacy   under  the   [federal]   Clean  Water   Act  for   that                                                               
responsibility, which  is a  whole part  of this  conversation in                                                               
terms of delegation of authority and who gets to do that.                                                                       
                                                                                                                                
MR. ANDREASSEN turned to slide  10 and continued to discuss AML's                                                               
justification for  legislative approval  related to  HB 138.   He                                                               
stated the  legislature has created and  named conservation units                                                               
in Alaska,  including the  designation of 120  park units  and 13                                                               
marine parks.   Given  this, he said,  it shouldn't  be different                                                               
when it  comes to waters of  national significance.  He  noted he                                                               
was pleased to provide invited  testimony during the bill's first                                                               
hearing and that  public testimony was also taken then.   When it                                                               
moves beyond  hypotheticals to a  designation, he  continued, AML                                                               
will be at  the table to talk  about what it would  look like for                                                               
each community.                                                                                                                 
                                                                                                                                
2:08:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK asked  whether  a  future legislature  could                                                               
reverse a previous legislature's designation of a Tier 3.                                                                       
                                                                                                                                
MR. CRAPPS replied  that that is not detailed in  the Clean Water                                                               
Act.    He related  that  the  Environmental Protection  Agency's                                                               
(EPA's) opinion  is that there is  no precedent for that,  so the                                                               
possibility  for  a Tier  3  designation  to be  undesignated  is                                                               
available and would be on a case-by-case basis.                                                                                 
                                                                                                                                
2:09:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN  recounted that this issue  has been around                                                               
for a  while and the AML  has taken a stance  on whether impacted                                                               
communities should  have a formal  stop in  the process.   As the                                                               
bill  is currently  written, she  noted, it  would be  up to  the                                                               
legislature, 60 people  exclusively, to make that  decision.  She                                                               
asked whether  AML believes  communities should  have any  say in                                                               
the  process  as  a formal  check-off,  involvement,  engagement,                                                               
consultation, or should just be  engaged in the political process                                                               
so  a community  that has  power might  have a  say, but  a small                                                               
isolated  community that  is unincorporated  would  have no  say.                                                               
She  further asked  whether the  communities have  weighed in  on                                                               
this element.                                                                                                                   
                                                                                                                                
MR. ANDREASSEN  responded AML has  not tackled  this specifically                                                               
but would be  happy to weigh in on that  at the appropriate point                                                               
in  further consideration  of  HB  138.   He  said the  committee                                                               
structure  of  the  legislature   is  relevant,  meaningful,  and                                                               
produces a lot  of that stakeholder engagement  that makes things                                                               
accessible and  hopefully produces  outcomes consistent  with the                                                               
public interest.                                                                                                                
                                                                                                                                
REPRESENTATIVE HANNAN  recalled Mr.  Andreassen stating  that the                                                               
community of  Yakutat had  issued a  resolution in  opposition to                                                               
Yakutat  Forelands.    She  inquired whether  any  of  the  other                                                               
communities  have   offered  input   into  any  of   those  other                                                               
nominations.   For  example, she  noted, Klukwan  has weighed  in                                                               
with its support of a designation.                                                                                              
                                                                                                                                
MR. ANDREASSEN  offered his belief  that others have  weighed in,                                                               
but without having  that before the committee it is  hard for him                                                               
to  poll AML's  members for  that feedback  as it  would be  on a                                                               
case-by-case  basis.   He added  he would  appreciate a  weighted                                                               
consideration when it comes to  municipal government as he thinks                                                               
that would be valuable.                                                                                                         
                                                                                                                                
2:11:20 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  TARR recounted  that when  the  legislature passed  the                                                               
enabling  statutes   after  the  citizen   initiative  legalizing                                                               
marijuana, the  legislature gave a  local option component.   She                                                               
asked whether  this same  kind of model  would be  something that                                                               
AML could support  or whether AML has another  suggestion for how                                                               
giving weighted support to communities could be accomplished.                                                                   
                                                                                                                                
MR.  ANDREASSEN answered  that AML  would definitely  consider an                                                               
elegant solution  like that for  working with the  legislature to                                                               
ensure  local  control  and  voice  in  designating  a  water  of                                                               
national significance.                                                                                                          
                                                                                                                                
CO-CHAIR TARR  pointed out that in  the case of a  designation by                                                               
statute, any  statute can  be repealed  and so  there would  be a                                                               
process for  that.  She  requested clarification from  Mr. Crapps                                                               
regarding  his  statement  that there  isn't  any  precedent  for                                                               
"undesignation."                                                                                                                
                                                                                                                                
2:13:38 PM                                                                                                                    
                                                                                                                                
MR. CRAPPS  replied he was just  speaking to the Clean  Water Act                                                               
and  it doesn't  specify that,  so whatever  is the  process that                                                               
states arrive on is what the Tier 3 process will be.                                                                            
                                                                                                                                
2:14:02 PM                                                                                                                    
                                                                                                                                
CO-CHAIR LINCOLN clarified that the designation  of a Tier 3 is a                                                               
federal designation  and the federal government  has asked states                                                               
to come  up with a  nomination and  designation process.   So, he                                                               
explained, if  the [Alaska State  Legislature] were to ask  for a                                                               
designation through statute and  then the legislature rolled back                                                               
the  statute,  it  would not  automatically  compel  the  federal                                                               
government to roll back the  designation.  There is nothing right                                                               
now in  federal law that  prevents that, he continued,  but there                                                               
is  also  nothing  that  specifies   a  procedure  or  explicitly                                                               
authorizes [the federal  government] to do that.   He pointed out                                                               
that situations with any ambiguity  and multiple positions on the                                                               
topic are going to  end up in court.  So, he  said, at this point                                                               
it is  a foregone  conclusion that  if the state  were to  have a                                                               
designated Tier 3  and then tried to roll it  back, it would have                                                               
to go to court and get settled there.                                                                                           
                                                                                                                                
CO-CHAIR  LINCOLN noted  that each  committee member  appreciates                                                               
the  importance of  HB 138  and its  topic and  that there  is no                                                               
intention to rush  this process this session.  He  said more will                                                               
be learned during  the interim and HB 138 will  be addressed in a                                                               
responsible way during the next legislative session.                                                                            
                                                                                                                                
[HB 138 was held over.]                                                                                                         
                                                                                                                                
2:15:35 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:15 p.m. to 2:31 p.m.                                                                       
                                                                                                                                
            HB 116-AQUATIC FARM/HATCHERY SITE LEASES                                                                        
                                                                                                                                
2:31:48 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  LINCOLN  announced that  the  final  order of  business                                                               
would  be SPONSOR  SUBSTITUTE FOR  HOUSE  BILL NO.  116, "An  Act                                                               
relating to the  renewal or extension of site  leases for aquatic                                                               
farming and aquatic plant and shellfish hatchery operations."                                                                   
                                                                                                                                
2:32:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ANDI STORY,  Alaska  State Legislature,  sponsor,                                                               
explained that SSHB 116 would  simplify the Department of Natural                                                               
Resources  (DNR) lease  renewal  process for  aquatic farms  that                                                               
grow products such as oysters, kelp, and other shellfish.  She                                                                  
continued:                                                                                                                      
                                                                                                                                
     If enacted, HB 116  would help Alaska-based aquaculture                                                                    
     businesses  succeed  by  shortening the  lease  renewal                                                                    
     process.   Aquaculture  is an  industry with  a lot  of                                                                    
     promise  and Alaska  with more  coastline than  all the                                                                    
     other states  combined has a bountiful  potential.  The                                                                    
     Alaska Mariculture Taskforce set  a goal of making this                                                                    
     a $100 million  industry in the next 20 years.   As you                                                                    
     can  see  from  the  flowchart  in  your  bill  packet,                                                                    
     requirements to permit and operate  an aquatic farm, or                                                                    
     related hatchery,  is complex.   The most  rigorous and                                                                    
     time-consuming portion  of the approval process  is the                                                                    
     DNR  aquatic  farming  site lease,  both  the  original                                                                    
     lease  and  the  subsequent  renewal.   Due  to  recent                                                                    
     increases   in   the   number   of   aquaculture   farm                                                                    
     applications -  there was one  application in  2016, 17                                                                    
     applications in  2017, and  16 in  2018 -  coupled with                                                                    
     recent cuts  to agency staff,  it now takes  an average                                                                    
     of 18 months or more  to approve an aquatic farm lease.                                                                    
     By simplifying the renewal process,  we can reduce risk                                                                    
     for businesses  making significant  capital investments                                                                    
     and reduce the workload  on overstretched agency staff.                                                                    
     House  Bill 116  aligns the  lease renewal  process for                                                                    
     aquatic  farms  to  the  process  used  for  other  DNR                                                                    
     leases.   This  would significantly  shorten the  first                                                                    
     renewal  process   while  still   allowing  appropriate                                                                    
     regulatory  oversight, public  engagement, and  appeals                                                                    
     of DNR's decisions.  I  would like to mention that this                                                                    
     bill  would not  affect leases  for salmon  hatcheries.                                                                    
     As a  new legislator, I  am pleased with how  this bill                                                                    
     began and how  it was developed.   Shortly after taking                                                                    
     office  I  was  contacted   by  a  constituent  who  is                                                                    
     currently  in the  process of  transferring an  aquatic                                                                    
     farm lease,  a process  that would  not be  affected by                                                                    
     this  bill.   They  shared their  experiences with  the                                                                    
     lease  transfer process  and suggested  a few  possible                                                                    
     changes that might help  applicants.  During subsequent                                                                    
     conversations DNR  staff mentioned the  streamlining of                                                                    
     the aquatic  farm renewal  process as  a way  to reduce                                                                    
     uncertainty   for   applicants  and   increase   agency                                                                    
     efficiency.                                                                                                                
                                                                                                                                
2:35:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK inquired  whether  hatchery includes  salmon                                                               
hatchery.                                                                                                                       
                                                                                                                                
REPRESENTATIVE STORY replied no.                                                                                                
                                                                                                                                
REPRESENTATIVE TUCK  observed there was  a title change  from one                                                               
version to another version of  the bill where it states shellfish                                                               
hatchery.  He asked whether the only change was the title.                                                                      
                                                                                                                                
REPRESENTATIVE STORY  responded yes,  the title  was specifically                                                               
changed because people were thinking  the bill did include salmon                                                               
and she  wanted to  make it clear  that [salmon  hatchery leases]                                                               
wouldn't be affected.                                                                                                           
                                                                                                                                
REPRESENTATIVE  TUCK requested  the  committee be  shown how  the                                                               
process currently works.                                                                                                        
                                                                                                                                
2:36:41 PM                                                                                                                    
                                                                                                                                
GREG  SMITH,  Staff,  Representative  Andi  Story,  Alaska  State                                                               
Legislature,  on  behalf  of  the  sponsor  explained  that  when                                                               
applying  for a  DNR  lease to  use public  lands  for a  private                                                               
purpose,  aquatic farm  leases are  under a  separate section  of                                                               
statute.   Most leases given  by DNR  are under AS  38.05.070, he                                                               
said,  which  includes general  leases  for  things like  cabins,                                                               
lodges,  fish processing  plant docks,  hydroelectric facilities,                                                               
grazing, and other  uses where the state grants  a private entity                                                               
rights to public land.                                                                                                          
                                                                                                                                
MR. SMITH brought attention to  the aquatic farm application flow                                                               
chart  in  the  committee  packet   and  stated  that  the  first                                                               
application for a lease goes  through a large public notification                                                               
and  comment process  that  can be  found in  AS  38.05.945.   He                                                               
explained aquatic farms  get up to a 10-year lease,  and near the                                                               
end of that  10-year lease a renewal can be  applied for but that                                                               
it  currently involves  a very  lengthy  public comment  process.                                                               
However, he  pointed out,  general leases can  be renewed  by the                                                               
director under  a shortened public  comment process if  the lease                                                               
is in good standing and is  determined to be in the best interest                                                               
of the state.                                                                                                                   
                                                                                                                                
MR. SMITH said  the sponsor's understanding from DNR  in terms of                                                               
the impacts  on the applicant  of the [proposed] change,  is that                                                               
the applicant  [for an  aquatic farm  lease renewal]  would still                                                               
submit similar information  to DNR.  But  the [proposed] benefit,                                                               
he  continued, would  be that  under the  AS 38.05.945  notice it                                                               
would  take  about 90  days  for  the shortened,  optional  lease                                                               
renewal process rather than taking 18 months for renewal.                                                                       
                                                                                                                                
2:40:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK offered  his understanding  that the  leases                                                               
[for aquatic farms]  are good for 10 years.   He inquired whether                                                               
there are any records for lease renewals that have been denied.                                                                 
                                                                                                                                
MR. SMITH  answered that,  according to  DNR, the  department has                                                               
never  denied an  aquatic farm  lease renewal  under the  current                                                               
process.                                                                                                                        
                                                                                                                                
CO-CHAIR LINCOLN asked how many have been renewed.                                                                              
                                                                                                                                
MR.  SMITH replied  he doesn't  know  the total  number of  lease                                                               
renewals.   He said an impetus  for this bill is  that the number                                                               
of  lease  applications  has increased  significantly  in  recent                                                               
years and those will be coming  up for renewal 10 years after the                                                               
initial lease  was started.   So, he  continued, probably  only a                                                               
handful of  lease renewals  have been  happening every  year, but                                                               
the concern is  that 10 years from now there  will be 17-20 lease                                                               
renewals.                                                                                                                       
                                                                                                                                
2:42:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOPKINS  offered his understanding that  there are                                                               
a  fair number  of aquatic  farms in  Southcentral and  Southeast                                                               
Alaska.    He  inquired  whether there  is  productivity  or  the                                                               
potential for development in other  coastal areas of the state or                                                               
along lakes.                                                                                                                    
                                                                                                                                
MR. SMITH  responded he doesn't  know and deferred to  the Alaska                                                               
Department of Fish and Game to provide an answer.                                                                               
                                                                                                                                
GAROLD   "FLIP"  PRYOR,   Fish  and   Game  Coordinator,   Alaska                                                               
Department  of   Fish  and  Game  (ADF&G),   confirmed  there  is                                                               
potential in  other areas,  but that  he cannot  say specifically                                                               
where concentrations of interest are located.                                                                                   
                                                                                                                                
2:43:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER  asked whether there is  a typical amount                                                               
of land involved or whether the  amount varies.  He further asked                                                               
whether the amount is a lot of land, and, if so, the reason why.                                                                
                                                                                                                                
MR.  SMITH answered  that the  amount varies  significantly, with                                                               
some of  the largest being over  150 acres and some  with acreage                                                               
in the single digits.  He deferred to DNR to provide specifics.                                                                 
                                                                                                                                
MARTY  PARSONS, Director,  Central  Office,  Division of  Mining,                                                               
Land and Water, Department of  Natural Resources (DNR), confirmed                                                               
there is a  wide variety from the single digits  up to 200 acres.                                                               
He explained it depends upon  what the individual is farming; for                                                               
example,  spat for  oysters is  confined  to a  penned area  that                                                               
doesn't take up much state  tideland, whereas kelp needs hundreds                                                               
of acres to produce a large volume of the product.                                                                              
                                                                                                                                
2:45:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN  recalled the statement that  SSHB 116 does                                                               
not impact salmon  or finfish hatcheries as  opposed to shellfish                                                               
hatcheries.  She  inquired whether these two  types of hatcheries                                                               
are  linked together  under the  current statute  such that  they                                                               
both have the same lengthy  renewal process as was described [for                                                               
aquatic  farms], or  whether finfish  hatcheries  fall under  the                                                               
general leasing statute.                                                                                                        
                                                                                                                                
MR. SMITH replied  that a variety of mechanisms are  used for the                                                               
land that salmon hatcheries utilize.   He offered his belief that                                                               
the  nonprofit  Douglas  Island   Pink  and  Chum,  Inc.  (DIPAC)                                                               
hatchery is an  agreement between the City and  Borough of Juneau                                                               
and  DIPAC.   He  offered  his  further  belief that  others  are                                                               
situated on private land ...                                                                                                    
                                                                                                                                
REPRESENTATIVE  HANNAN interjected  that they  all are  on public                                                               
land  [in this  case].   She reiterated  her question  of whether                                                               
salmon  hatcheries  fall  under   the  same  current  statute  as                                                               
shellfish  hatcheries  for a  lengthy  renewal  process, or  fall                                                               
under the general leasing statute's shortened renewal process.                                                                  
                                                                                                                                
MR. SMITH  offered his understanding that  when salmon hatcheries                                                               
require  a DNR  lease  and  when that  lease  is  renewed, it  is                                                               
typically done under AS 38.05.070, the general lease statute.                                                                   
                                                                                                                                
REPRESENTATIVE  HANNAN concluded  that only  shellfish hatcheries                                                               
have been held to this lengthy renewal process.                                                                                 
                                                                                                                                
MR. SMITH  responded only shellfish  and other  aquatic organisms                                                               
like kelp, but not salmon hatcheries.                                                                                           
                                                                                                                                
2:47:39 PM                                                                                                                    
                                                                                                                                
CO-CHAIR LINCOLN opened invited testimony.                                                                                      
                                                                                                                                
2:47:54 PM                                                                                                                    
                                                                                                                                
JULIE  DECKER, Executive  Director, Alaska  Fisheries Development                                                               
Foundation (AFDF),  testified in support  of SSHB 116.   She said                                                               
AFDF has been  spearheading an effort to  develop the mariculture                                                               
industry  in Alaska.    She stated  that  through the  governor's                                                               
Mariculture   Taskforce  a   comprehensive  statewide   plan  for                                                               
developing the industry  has been completed, with a  goal to grow                                                               
a $100  million industry  in 20  years.   She noted  the industry                                                               
would  be  applicable  in Southeast,  Southcentral,  Kodiak,  and                                                               
Southwest Alaska, and  that currently there are  farms in Kodiak.                                                               
She offered  her understanding that  there has been at  least one                                                               
farm application for  near Sand Point.  A positive  result of the                                                               
Mariculture Taskforce's  work has  been increased  private sector                                                               
interest in aquatic  farming, she said.  The  recent interest has                                                               
increased  applications to  the state,  she continued,  which has                                                               
led to a backlog and increased  the processing time from about 12                                                               
months to about 24 months as DNR works through the applications.                                                                
                                                                                                                                
MS. DECKER  noted that  the initial  application process  is very                                                               
rigorous.   She  said  DNR consults  with  multiple agencies  and                                                               
considers user conflicts,  biological concerns, habitat concerns,                                                               
marine  mammal  protection,  navigation hazards,  public  comment                                                               
periods, and  others.   If an application  makes it  through this                                                               
process and is  approved, she continued, the farm  must, after 10                                                               
years, go through a renewal process  that is at a higher standard                                                               
than other  industries and other  leases, which is what  is being                                                               
talked about.   She stated SSHB 116  would be a good  step in the                                                               
direction to  efficiently develop this industry  because it would                                                               
reduce the  workload at DNR;  prioritize DNR's staff time  on the                                                               
new farm lease applications, which  would help grow the industry;                                                               
and  give  more  certainty  to   farmers  who  have  invested  in                                                               
infrastructure during the first 10 years of the lease.                                                                          
                                                                                                                                
2:51:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER drew attention to  the flow chart for the                                                               
existing process and  asked whether the sponsor has  one for what                                                               
the bill is addressing.                                                                                                         
                                                                                                                                
REPRESENTATIVE STORY  replied that the main  process being talked                                                               
about in this flow chart is  within the box labeled "DNR *Aquatic                                                               
Farm Lease".  She  said a main point is that people  put up a lot                                                               
of capital to start their farm  and it takes three to seven years                                                               
to get  to the spot  of knowing whether the  farm is going  to be                                                               
viable.   The  renewal  comes  at 10  years,  she continued,  and                                                               
currently for  this second  step the farmer  must go  through the                                                               
whole rigorous  process again.   She said  [SSHB 116]  would make                                                               
the [first] renewal  simpler and smoother for  everyone, and then                                                               
at  20 years  the  farmer  would have  to  go  through the  whole                                                               
original process again  [for renewal].  She deferred  to ADF&G to                                                               
elaborate further.                                                                                                              
                                                                                                                                
MR.  PRYOR  responded  that the  aforementioned  is  an  accurate                                                               
description of what is going on with the flow chart.                                                                            
                                                                                                                                
2:53:04 PM                                                                                                                    
                                                                                                                                
CO-CHAIR LINCOLN  restated Representative Rauscher's  question as                                                               
to how the proposed change to  the renewals would affect the flow                                                               
chart.  Co-Chair Lincoln asked  whether the steps in the proposed                                                               
changes are  captured on the flow  chart, or some steps  would be                                                               
eliminated, or how it would vary under the proposed changes.                                                                    
                                                                                                                                
MR. PRYOR  answered, "I believe  you just  take the last  line of                                                               
the flow chart and where it says  you get approval then you go to                                                               
the bottom  line.  After the  10 years you would  just start over                                                               
at that bottom line again."                                                                                                     
                                                                                                                                
CO-CHAIR LINCOLN  asked whether  it is at  the line  labeled "DNR                                                               
Final Decision".                                                                                                                
                                                                                                                                
MR. PRYOR replied, "That's my understanding."                                                                                   
                                                                                                                                
2:53:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER  inquired how  the shorter  process would                                                               
be  enacted; for  example, whether  it would  be enacted  with an                                                               
application or  whether it would  be an understanding that  it is                                                               
going to  happen.   He further  inquired whether  at 20  years it                                                               
would  be  by  going  through  the  whole  thing  again  with  an                                                               
application process.                                                                                                            
                                                                                                                                
REPRESENTATIVE  STORY  responded  that   for  the  10  years  the                                                               
applicant goes through the rigorous  process, and then the farmer                                                               
would still have to fill out  an application and practically do a                                                               
lot of the same steps.  She said  it's just that there would be a                                                               
shorter  public review  process  involved, and  that there  would                                                               
still be regulatory  oversight and opportunity for  the public to                                                               
weigh in, and DNR would hear any appeal of it.                                                                                  
                                                                                                                                
2:55:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HANNAN  requested  Mr.   Pryor  to  describe  the                                                               
difference  in the  current leasing  process between  a shellfish                                                               
hatchery and  a finfish  hatchery and how  it would  be different                                                               
under SSHB 116.                                                                                                                 
                                                                                                                                
MR. PRYOR offered  his understanding that [SSHB  116] would bring                                                               
this more  on line  with how  the finfish leases  work -  when it                                                               
comes time to  renew, rather than starting at Step  A in the flow                                                               
chart  the renewal  would go  through the  commissioner, and  the                                                               
commissioner  would look  at the  renewal and  make the  decision                                                               
there without going through the top five or six steps.                                                                          
                                                                                                                                
REPRESENTATIVE HANNAN  surmised that currently finfish  farms are                                                               
allowed  to have  the shortened  renewal process  and it  is only                                                               
shellfish hatcheries and  farms that have been unable  to do this                                                               
for DNR renewals.                                                                                                               
                                                                                                                                
MR. PRYOR answered that that is his understanding.                                                                              
                                                                                                                                
REPRESENTATIVE HANNAN  asked whether shellfish farms  are limited                                                               
to a 10-year lease by practice  or by statute.  She further asked                                                               
whether finfish hatcheries are limited to [a 10-year lease].                                                                    
                                                                                                                                
MR. PRYOR replied he is unsure how that works.                                                                                  
                                                                                                                                
REPRESENTATIVE HANNAN asked what the  average length of [time] is                                                               
for finfish hatchery leasing locations.                                                                                         
                                                                                                                                
MR. PRYOR responded that he doesn't know.                                                                                       
                                                                                                                                
2:57:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER read  aloud from  a letter  he received,                                                               
which states in  part:  "Leave the word "Renewal"  in as critical                                                               
for [relevant] considerations  in AS 38.05.083 ...  Please do not                                                               
remove the  opportunity of [relevant] consideration  upon renewal                                                               
of an oyster  farm.  We are just beginning  to understand all the                                                               
repercussions this  presents, as farming in  our navigable waters                                                               
grows...."   Representative  Rauscher requested  a response  from                                                               
the sponsor because  he would like to understand  the concern and                                                               
how it equates to where the sponsor is at with the bill.                                                                        
                                                                                                                                
MR. SMITH,  on behalf of  the sponsor, offered  his understanding                                                               
that in  terms of the  function of the  bill, "or renew"  must be                                                               
removed throughout AS  38.05.083 or it will  always be triggering                                                               
the more  extensive public comment  period.  He pointed  out that                                                               
the shortened  renewal process available  for other types  of DNR                                                               
leases  with equal  or significant  potential  impacts on  public                                                               
lands is an  optional choice for the director of  the Division of                                                               
Mining, Land and Water.  He  said he understands from DNR that it                                                               
would be case  dependent, such that if a  leasee wasn't following                                                               
stipulations of the lease, or  if there were significant problems                                                               
with neighbors  and the  public, and  there was  a lot  of clamor                                                               
about a lease  for any type of reason, the  director doesn't have                                                               
to  choose the  [proposed]  shortened lease  renewal process  and                                                               
could choose  to use the  process as outlined from  the beginning                                                               
of the flow chart.  He  offered his further understanding that if                                                               
there  are issues  with a  lease, upon  renewal [the  department]                                                               
could make changes to that lease.                                                                                               
                                                                                                                                
REPRESENTATIVE  RAUSCHER inquired  whether the  bill states  that                                                               
there is an  option to choose [the longer  lease renewal process]                                                               
if there is a problem.                                                                                                          
                                                                                                                                
MR. SMITH offered his understanding  that that optional choice is                                                               
found in  the bill on  page 1, Section  1, line 5,  which states,                                                               
"The director may  renew a lease issued under this  section".  He                                                               
pointed out that the word "may" is used as opposed to "shall".                                                                  
                                                                                                                                
REPRESENTATIVE  RAUSCHER  asked  whether anyone  else  interprets                                                               
that to mean the same thing.   Responding to Co-Chair Lincoln, he                                                               
requested Mr. Smith to restate this question.                                                                                   
                                                                                                                                
MR. SMITH responded that the question  is, "Where is it stated in                                                               
statute that this expedited lease  renewal process is an optional                                                               
decision?"   Responding  further to  Representative Rauscher,  he                                                               
said it is stated in the bill on page 1, Section 1, line 5.                                                                     
                                                                                                                                
REPRESENTATIVE  RAUSCHER inquired  whether the  word "may"  gives                                                               
[the director] that power.                                                                                                      
                                                                                                                                
3:01:20 PM                                                                                                                    
                                                                                                                                
ALPHEUS   BULLARD,    Attorney,   Legislative    Legal   Counsel,                                                               
Legislative Legal  Services, Legislative Affairs Agency,  said if                                                               
the question is, "What provides  the director with the discretion                                                               
to decide to renew a lease?" Mr.  Smith is correct that it is the                                                               
word "may" on page 1, line 5, of the bill.                                                                                      
                                                                                                                                
3:03:04 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  LINCOLN drew  attention  to page  2,  lines 7-9,  which                                                               
state:  "The commission, for  good cause, may deny an application                                                               
for  issuance [OR  RENEWAL] of  a  lease under  this section  but                                                               
shall provide  the applicant with  written findings  that explain                                                               
the reasons for  the denial."  Noting that "or  renewal" would be                                                               
deleted under this  section, he asked whether being  able to deny                                                               
an application for  "issuance" of a lease, but  not for "renewal"                                                               
of a lease, has any relevance to the question right now.                                                                        
                                                                                                                                
REPRESENTATIVE RAUSCHER  answered that he thinks  the questioning                                                               
was whether  input from  the community  was still  in there.   He                                                               
offered his belief that [Mr.  Smith] was addressing that if there                                                               
seems  to be  a  problem  that [DNR]  would  revert  back to  the                                                               
process  of  asking  the  community.   He  inquired  whether  his                                                               
understanding is correct.                                                                                                       
                                                                                                                                
MR. SMITH  replied that  his understanding from  DNR is  that the                                                               
public  can  weigh  in  during  the initial  lease  and  also  at                                                               
renewal.                                                                                                                        
                                                                                                                                
CO-CHAIR LINCOLN stated he would  hold public testimony until the                                                               
bill's  next hearing  and noted  that there  is one  more invited                                                               
testifier yet to be heard by the committee.                                                                                     
                                                                                                                                
3:04:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  offered his  understanding that  the initial                                                               
[aquatic  farm application]  process would  remain the  same, and                                                               
then there would be the renewal.   He said his concern is page 2,                                                               
Section 3,  lines 7-10,  and asked whether  it would  still stand                                                               
that the  commissioner could  deny the  renewal of  a lease.   He                                                               
pointed out  that "or renew"  would be deleted and  further asked                                                               
whether the  commissioner's ability to  deny a lease  for renewal                                                               
would be taken away.                                                                                                            
                                                                                                                                
3:05:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY replied,  "We  are taking  out the  renewal                                                               
here, but  in the statute that  we refer to earlier  ... it still                                                               
can be denied  in the renewal process that we  would be switching                                                               
to, if they had any cause  for that."  She welcomed clarification                                                               
in this  regard from  ADF&G or  anyone else  online.   She added,                                                               
 There can always  be a reason for denying the  renewal, it would                                                               
just be it's expedited."                                                                                                        
                                                                                                                                
REPRESENTATIVE  TUCK requested  that the  person who  answers the                                                               
aforementioned  question also  address  whether the  commissioner                                                               
can deny a person who is in the middle of a lease.                                                                              
                                                                                                                                
3:06:40 PM                                                                                                                    
                                                                                                                                
MR. BULLARD responded that in this  case it would be the director                                                               
and  the director  would have  the latitude  to deny  a lease  on                                                               
renewal under  AS 38.05.070, which  is where the  renewal process                                                               
is moving from AS 38.05.083.   He said if the director determines                                                               
that the  lease is  not in  the best interests  of the  state the                                                               
director should not  renew the lease.  He stated  he doesn't know                                                               
the answer to  the second question of whether that  can happen in                                                               
the middle of a lease term.                                                                                                     
                                                                                                                                
CO-CHAIR LINCOLN requested  Mr. Pryor to respond  to the question                                                               
of whether a lease can be terminated mid-lease.                                                                                 
                                                                                                                                
MR. PRYOR  replied he is  unable to  answer the question  off the                                                               
top  of his  head.   Responding further  to Co-Chair  Lincoln, he                                                               
agreed to follow  up and provide the committee with  an answer to                                                               
the question.                                                                                                                   
                                                                                                                                
3:08:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  LINCOLN reiterated  that he  would hold  testimony from                                                               
the  public  and from  the  second  invited testifier  until  the                                                               
bill's next hearing.                                                                                                            
                                                                                                                                
3:08:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TALERICO  related that  he has  experience dealing                                                               
with  these   leases  with  municipal   government  as   well  as                                                               
privately.  He offered his  belief that under statute, violations                                                               
of the lease  terms can result in forfeiture of  all of the lease                                                               
provisions.                                                                                                                     
                                                                                                                                
[SSHB 116 was held over.]                                                                                                       
                                                                                                                                
3:09:33 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Resources Standing Committee meeting was adjourned at 3:09 p.m.                                                                 
                                                                                                                                

Document Name Date/Time Subjects
SB43 Sponsor Statement.pdf HRES 5/3/2019 1:00:00 PM
SRES 2/20/2019 3:30:00 PM
SB 43
CSSB 43 (SFIN) - Sectional Summary.pdf HRES 5/3/2019 1:00:00 PM
SB 43
SB 43, Version A.PDF HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
SB 43
CSSB 43, Version B.pdf HRES 5/3/2019 1:00:00 PM
SB 43
SB 43 Work Draft v. M - Explanation.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
SB 43
SB43 Fiscal Note One - DCCED-CBPL 2.15.19.PDF HRES 5/3/2019 1:00:00 PM
SB 43
SB43 Fiscal Note Two - DCCED-CBPL 4.9.19.PDF HRES 5/3/2019 1:00:00 PM
SB 43
SB 43 Letters of Support.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
SB 43
SB 43 Letters of Opposition.pdf HRES 5/3/2019 1:00:00 PM
SFIN 3/13/2019 9:00:00 AM
SFIN 4/9/2019 9:00:00 AM
SB 43
SB 43 DCPL Letter .pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
SB 43
SB 43 Bunch Testimony.pdf HRES 5/3/2019 1:00:00 PM
SFIN 3/13/2019 9:00:00 AM
SFIN 4/9/2019 9:00:00 AM
SB 43
SB 43 Additional Testimony Huttunen.pdf HRES 5/3/2019 1:00:00 PM
SFIN 3/13/2019 9:00:00 AM
SFIN 4/9/2019 9:00:00 AM
SB 43
SB 43 BGCSB Letter of Support 4.03.19.pdf HRES 5/3/2019 1:00:00 PM
SB 43
SB 43 Big Game Commercial Services Board Sunset Review Audit.pdf HRES 5/3/2019 1:00:00 PM
SFIN 3/13/2019 9:00:00 AM
SB 43
SB43 Supporting Document - RHAK Letter House Resources 4.25.19.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
SB 43
HB138 Sponsor Statement version U 4.22.2019.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
HB 138
HB138 version A 4.22.2019.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
HB 138
HB138 Fiscal Note 4.26.19.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
HB 138
HB138 40 CFR Part 131 4.22.2019.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
HB 138
HB138 18 AAC 70.016 4.22.2019.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
HB 138
HB138 Supporting Material DEC Tier 3 Water Designation FAQ 4.22.2019.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
HB 138
HB138 Supporting Material DNR Fact Sheet Legislatively Designated Areas 4.22.2019.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
HB 138
HB138 Supporting Material DEC Tier 3 response 4.22.2019.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
HB 138
HB138 Supporting Material Commissioner Hartig Letter to Senate 4.22.2019.PDF HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
HB 138
HR138 Supporting Document EPA Response to DEC 7.26.18.pdf HRES 5/3/2019 1:00:00 PM
HR 138
HB138 Supporting Document - DEC P&P re Tier 3 Nomination 11.21.18.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
HB 138
HB138 Supporting Document - AML Presentation Tier 3 Designation Impact 05.03.19.pdf HRES 5/3/2019 1:00:00 PM
HB 138
HB138 Supporting Document - DEC attachment sent to EPA 3.6.2018.pdf HRES 5/3/2019 1:00:00 PM
HB 138
HB138 Supporting Document - Legal Opinion re HB 138 and Ballot Initiatives 5.1.19.pdf HRES 5/3/2019 1:00:00 PM
HB 138
HB 138 Supporting Documents - SEACC Letter and Reference Material 05.01.19.pdf HRES 5/3/2019 1:00:00 PM
HB 138
HB138 Letters of Opposition 05.02.19.pdf HRES 5/3/2019 1:00:00 PM
HB 138
HB138 Suppporting Document - Doyon Letter of Support 4.26.19.pdf HRES 5/3/2019 1:00:00 PM
HB 138
HB138 Coalition Letter of Support 4.28.19.pdf HRES 5/3/2019 1:00:00 PM
HB 138
HB138 Supporting Documents - Chilkat Indian Village 04.26.19.pdf HRES 5/3/2019 1:00:00 PM
HB 138
HB116 Sponsor Statement 4.15.19.pdf HFSH 4/16/2019 10:00:00 AM
HFSH 4/25/2019 10:00:00 AM
HRES 5/3/2019 1:00:00 PM
HRES 5/10/2019 1:00:00 PM
HB 116
HB116 ver U 04.30.19.pdf HRES 5/3/2019 1:00:00 PM
HRES 5/6/2019 1:00:00 PM
HRES 5/10/2019 1:00:00 PM
HB 116
HB116 DNR Fiscal Note 04.30.19.pdf HRES 5/3/2019 1:00:00 PM
HRES 5/6/2019 1:00:00 PM
HRES 5/10/2019 1:00:00 PM
HB 116
HB116 ver U Sectional Analysis 04.30.19.pdf HRES 5/3/2019 1:00:00 PM
HRES 5/6/2019 1:00:00 PM
HRES 5/10/2019 1:00:00 PM
HB 116
HB116 Explanation of Changes ver A to ver U 04.30.19.pdf HRES 5/3/2019 1:00:00 PM
HRES 5/6/2019 1:00:00 PM
HRES 5/10/2019 1:00:00 PM
HB 116
HB116 Aquatic Farm Application Review Flow Chart 04.30.19.pdf HRES 5/3/2019 1:00:00 PM
HRES 5/6/2019 1:00:00 PM
HRES 5/10/2019 1:00:00 PM
HB 116
HB 116 - AFDF Letter of Support 2019-04-15.pdf HFSH 4/16/2019 10:00:00 AM
HFSH 4/25/2019 10:00:00 AM
HRES 5/3/2019 1:00:00 PM
HRES 5/6/2019 1:00:00 PM
HB 116
HB116 ASGA Letter of Support 04.15.19.pdf HFSH 4/16/2019 10:00:00 AM
HFSH 4/25/2019 10:00:00 AM
HRES 5/3/2019 1:00:00 PM
HB 116
HB116 Supporting Document- Mariculture Plan.pdf HFSH 4/16/2019 10:00:00 AM
HFSH 4/25/2019 10:00:00 AM
HRES 5/3/2019 1:00:00 PM
HRES 5/6/2019 1:00:00 PM
HRES 5/10/2019 1:00:00 PM
HB 116
HB 116 Letter of Opposition-Hillstrand.pdf HFSH 4/25/2019 10:00:00 AM
HRES 5/3/2019 1:00:00 PM
HRES 5/10/2019 1:00:00 PM
HB 116
HB138 Supporting Document - DEC State Tier 3 Review 5.3.19.pdf HRES 5/3/2019 1:00:00 PM
HB 138
HB138 Supporting Document - EPA to DEC Email 11.23.18.pdf HRES 5/3/2019 1:00:00 PM
HB 138
HB138 Supporting Document - Legal Opinion re DEC Statutory Authority to Designate Tier 3 Waters 5.2.19.pdf HRES 5/3/2019 1:00:00 PM
HB 138
HB138 Opposing Document - Letter in Opposition to House Resources Committee from SEACC - 5.1.19 (002).pdf HRES 5/3/2019 1:00:00 PM
HB 138
HB138 Supporting Document - Conitz Letter of Opposition 05.02.19.pdf HRES 5/3/2019 1:00:00 PM
HB 138