02/28/2005 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| HB19 | |
| HB26 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 19 | TELECONFERENCED | |
| += | HB 26 | TELECONFERENCED | |
| + | SJR 5 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE RESOURCES STANDING COMMITTEE
February 28, 2005
1:04 p.m.
MEMBERS PRESENT
Representative Jay Ramras, Co-Chair
Representative Ralph Samuels, Co-Chair
Representative Jim Elkins
Representative Carl Gatto
Representative Gabrielle LeDoux
Representative Kurt Olson
Representative Paul Seaton
Representative Harry Crawford
Representative Mary Kapsner
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE JOINT RESOLUTION NO. 5
Urging the United States Congress to reauthorize the Methane
Hydrate Research and Development Act.
- MOVED HC SJR 5(O&G) OUT OF COMMITTEE
HOUSE BILL NO. 19
"An Act relating to pesticides and broadcast chemicals; and
providing for an effective date."
- MOVED CS HB 19 (RES) OUT OF COMMITTEE
HOUSE BILL NO. 26
"An Act relating to short-term commercial fishing crewmember
licenses; and providing for an effective date."
- MOVED CS HB 26 (RES) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SJR 5
SHORT TITLE: REAUTHORIZE METHANE HYDRATE RESEARCH ACT
SPONSOR(S): SENATOR(S) THERRIAULT
02/02/05 (S) READ THE FIRST TIME - REFERRALS
02/02/05 (S) RES
02/07/05 (S) RES AT 3:30 PM BUTROVICH 205
02/07/05 (S) Moved SJR 5 Out of Committee
02/07/05 (S) MINUTE(RES)
02/09/05 (S) RES RPT 5DP
02/09/05 (S) DP: SEEKINS, ELTON, STEVENS B, DYSON,
STEDMAN
02/10/05 (S) TRANSMITTED TO (H)
02/10/05 (S) VERSION: SJR 5
02/14/05 (H) READ THE FIRST TIME - REFERRALS
02/14/05 (H) O&G, RES
02/15/05 (H) O&G AT 5:00 PM CAPITOL 124
02/15/05 (H) Moved HCS SJR 5(O&G) Out of Committee
02/15/05 (H) MINUTE(O&G)
02/18/05 (H) O&G RPT HCS(O&G) 5DP
02/18/05 (H) DP: SAMUELS, GARDNER, ROKEBERG,
DAHLSTROM, KOHRING
02/28/05 (H) RES AT 1:00 PM CAPITOL 124
BILL: HB 19
SHORT TITLE: PESTICIDE & BROADCAST CHEMICALS
SPONSOR(S): REPRESENTATIVE(S) MEYER
01/10/05 (H) PREFILE RELEASED 12/30/04
01/10/05 (H) READ THE FIRST TIME - REFERRALS
01/10/05 (H) RES, FIN
02/23/05 (H) RES AT 1:00 PM CAPITOL 124
02/23/05 (H) Heard & Held
02/23/05 (H) MINUTE(RES)
02/28/05 (H) RES AT 1:00 PM CAPITOL 124
BILL: HB 26
SHORT TITLE: SHORT-TERM COM FISHING CREWMEMBER LICENSE
SPONSOR(S): REPRESENTATIVE(S) MOSES BY REQUEST
01/10/05 (H) PREFILE RELEASED 12/30/04
01/10/05 (H) READ THE FIRST TIME - REFERRALS
01/10/05 (H) FSH, RES, FIN
02/09/05 (H) FSH AT 8:30 AM CAPITOL 124
02/09/05 (H) Heard & Held
02/09/05 (H) MINUTE(FSH)
02/16/05 (H) FSH RPT CS(FSH) 4DP 1NR
02/16/05 (H) DP: WILSON, ELKINS, LEDOUX, THOMAS
02/16/05 (H) NR: SALMON
02/16/05 (H) FSH AT 8:30 AM CAPITOL 124
02/16/05 (H) Moved CSHB 26(FSH) Out of Committee
02/16/05 (H) MINUTE(FSH)
02/23/05 (H) RES AT 1:00 PM CAPITOL 124
02/23/05 (H) Scheduled But Not Heard
02/28/05 (H) RES AT 1:00 PM CAPITOL 124
WITNESS REGISTER
JOE BALASH, Staff
to Senator Gene Therriault
Joint Committee on Legislative Budget and Audit
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SJR 5 on behalf of the sponsor,
Senator Therriault.
DALE BONDURANT
Soldotna, Alaska
POSITION STATEMENT: Testified in opposition to coal and methane
extraction in the Homer area.
ADAM BERG, Staff
to Representative Carl Moses
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 26 on behalf of the sponsor,
Representative Moses.
PAUL LASANKIE, Director
Division of Workers Compensation
Department of Labor and Workforce Development (DOL)
Juneau, Alaska
POSITION STATEMENT: Answered questions regarding HB 26.
SARAH GILBERTSON, Legislative Liaison
Office of the Commissioner
Alaska Department of Fish & Game (ADF&G)
Juneau, Alaska
POSITION STATEMENT: Answered questions regarding HB 26.
ACTION NARRATIVE
CO-CHAIR RALPH SAMUELS called the House Resources Standing
Committee meeting to order at 1:04:02 PM. Representatives
Crawford, Gatto, Elkins, Seaton, Samuels, Ramras, and Olson were
there at the call to order. Representatives Kapsner and LeDoux
arrived as the meeting was in progress.
SJR 5-REAUTHORIZE METHANE HYDRATE RESEARCH ACT
CO-CHAIR SAMUELS announced that the first order of business
would be SENATE JOINT RESOLUTION NO. 5, Urging the United States
Congress to reauthorize the Methane Hydrate Research and
Development Act.
JOE BALASH, Staff, to Senator Gene Therriault, Joint Committee
on Legislative Budget and Audit, said SJR 5 urges Congress to
reauthorize the Methane Hydrate Research Act of 2000. He said
it asks Congress to reauthorize it for five years and to
appropriate $70 million. Mr. Balash said that the potential
additional reserves in gas hydrates in the North Slope could
change the way the state proceeds with the gas pipeline project.
The sizing of the pipe, access points, financing costs, and
tariffs may all be impacted if additional reserves are verified,
he opined.
REPRESENTATIVE GATTO asked what the cost was of the original
authorization.
MR. BALASH said it was about $47 million.
REPRESENTATIVE GATTO noted that the background materials said it
was time to get out in the field, and he questioned how so much
money could be spent "moving paper."
MR. BALASH answered that "a tremendous amount of the money was
spent here in Alaska, but not solely in Alaska." He added that
there was computer-modeling work, seismic work, and "as far as
how the money was spent, I don't know."
REPRESENTATIVE GATTO asked if there is any evidence of this
being successfully done anywhere else in the world.
MR. BALASH said, "There is a field in Siberia that, it appears,
gas hydrates may be releasing into free gas form and maintaining
pressure that otherwise would have declined, but it's very
limited information."
REPRESENTATIVE CRAWFORD said he believed, "we were actually
getting some gas hydrates [that] were regenerating into free gas
on the North Slope."
MR. BALASH said the presence of hydrates is from [cold]
temperature or [high] pressure, and he is not aware of any of
the hydrate releasing into free gas in any of the fields.
"Maybe it has been," he said, but he has not read of it in his
literature reviews.
CO-CHAIR SAMUELS said, "You can either reduce the pressure...or
you have to change the heat...using glycol or even replacing it
with CO2." He added that the hydrates are only found under deep
water or very cold temperatures. In Alaska, hydrates are found
north of the Brooks Range, he added.
DALE BONDURANT, Soldotna, stated his opposition to any effort to
develop coal or methane gas in the Homer area. He said it will
destroy that area, pollute Cook Inlet, and adversely affect
fisheries. He added that he attended several meetings in
opposition to the development of shallow gas wells and shallow
coal seams of Kachemak Bay. As of now the City of Homer has a
supply of good water, but in low areas the water is not for
human consumption, he said. He discussed the negative impact
oil development had on farms in the Texas area where corn stalks
were small and stopped producing. The pumping of coal and
methylene gas will pollute the bay and destroy the fisheries,
he said, and the noise itself will drive visitors and residents
away, making Homer a ghost town. Schools will have to move, he
concluded.
CO-CHAIR SAMUELS thanked Mr. Bondurant and said that gas
hydrates will be found only on the North Slope.
CO-CHAIR RAMRAS moved to report HCS SJR 5(O&G) out of committee
with individual recommendations and zero fiscal notes. There
being no objection, it was so ordered.
HB 19-PESTICIDE & BROADCAST CHEMICALS
CO-CHAIR RAMRAS announced that the next order of business would
be HOUSE BILL NO. 19, "An Act relating to pesticides and
broadcast chemicals; and providing for an effective date."
REPRESENTATIVE SEATON reported that the City of Anchorage
requirements are compatible with HB 19.
1:15:52 PM
REPRESENTATIVE SEATON moved to report the proposed CSHB 19,
version 24-LS0149\Y, Bullock, 2/11/05, out of committee with
individual recommendations and the accompanying fiscal notes.
REPRESENTATIVE GATTO objected so he could comment on the
salaries of state workers. He said that the new position for HB
19 pays a salary of $59,000, but the annual benefits will cost
$27,000. He will not object to the bill, but wanted to comment
on the PERS crisis. He removed his objection.
CO-CHAIR RAMRAS announced that hearing no further objection,
CSHB 19(RES) was reported from the House Resources Standing
Committee.
HB 26-SHORT-TERM COM FISHING CREWMEMBER LICENSE
CO-CHAIR SAMUELS announced that the final order of business
would be HOUSE BILL NO. 26 "An Act relating to short-term
commercial fishing crewmember licenses; and providing for an
effective date."
1:18:54 PM
ADAM BERG, Staff to Representative Carl Moses, Alaska State
Legislature, told the committee that HB 26 simply allows for the
purchase of a seven-day commercial fishing crewmember license.
Currently a yearlong license is $60 for a resident and $180 for
a non-resident, he said, and the bill allows for a $30, seven-
day license for a resident or non-resident. He said that this
will maximize options for fishermen, allowing them to hire
short-term help or charge tourists to see an Alaska fishing
operation up-close and hands-on. He said that often friends or
family will want to join the crew.
1:19:43 PM
REPRESENTATIVE GATTO asked for comments regarding the
fisherman's fund.
MR. BERG said that the original version of the bill would have
excluded short-term license holders from the fisherman's fund,
and the Department of Labor (DOL) requested omitting that. He
said he is not sure of the legal reasons.
REPRESENTATIVE LEDOUX asked if the vessel owners would end up
paying for any injuries occurring on the boat.
MR. BERG said he wasn't sure but thought there was a cap, and he
deferred to Mr. Lasankie.
1:22:05 PM
PAUL LASANKIE, Director, Division of Workers Compensation,
Department of Labor and Workforce Development (DOL), said the
fisherman's fund is administered through DOL.
CO-CHAIR SAMUELS said he understands the goal of the bill is for
lodges to sell the fishing experience to tourists, and he asked
what the pros and cons are of including the fisherman's fund.
MR. LASANKIE replied that the short-term commercial license is
intended to meet peak demand for crew, who would be fisherman
and should be included in the fisherman's fund. He said the
second group of individuals desiring a short-term license is
unique, and the fund has never had to address the idea of an
individual holding a commercial fishing license and not being
able to access the fund. "Our concern was just right along
those lines, that everyone who has a commercial fisherman's
license of whatever duration would be able to pay into the fund
and make a claim against the fund," he explained.
REPRESENTATIVE SEATON said that the fund supplies the first
$2,500 of medical costs because fishermen have a $2,500
deductible.
MR. LASANKIE said that was correct, and in most cases it is
limited to $2,500 for people who do not have medical insurance.
REPRESENTATIVE SEATON said a $30 license will pay less than $12
into the fund since the fund gets 40 percent of license fees.
He asked if Mr. Lasankie wants to accept medical liability,
especially for someone who is new on the job, for $12.
MR. LASANKIE said that is a conundrum. He added that the amount
of money brought into the fund per day of liability is more from
short-term licenses than long-term licenses. But he does ask
the question if this will bring in more inexperienced crew who
will be more likely to make a claim.
CO-CHAIR SAMUELS offered that an inexperienced person can get a
long-term license now. Children can participate, he added.
MR. LASANKIE said that is true. He thinks the children of
fishermen get good training.
The committee took an at-ease from 1:27 PM to 1:28 PM.
1:27:58 PM
REPRESENTATIVE SEATON said he requested legal opinions from
Legislative Legal Affairs, and he was told that the fisherman's
fund probably will not lose its dedicated fund provision if the
legislation does not extend liability coverage to the short-term
license holders. The second opinion addressed the ability to
distinguish between short-term license holders and long-term
license holders without breaking equal protection laws, and the
advice given, he said, was that it would be fine as long as
there is a difference between those two groups of people.
REPRESENTATIVE LEDOUX asked if the department thinks that by
allowing short-term licenses, the state will be losing money.
MR. LASANKIE responded that the department has a hard time
quantifying what the fiscal impacts will be.
CO-CHAIR SAMUELS stated that it could be possible that
experienced people will be buying short-term licenses.
MR. LASANKIE said there is no way to analyze it.
1:31:14 PM
REPRESENTATIVE LEDOUX asked if a crewmember were to buy a short-
term license, how much would go to the fisherman's fund.
MR. LASANKIE answered 39 percent, net of the vendor's
percentage.
REPRESENTATIVE LEDOUX asked where the 39 percent would go if
short-term license holders were not contributing to the
fisherman's fund.
MR. LASANKIE said it will still go to the fund.
1:32:06 PM
REPRESENTATIVE GATTO said that this would allow one tourist to
observe fishing operations and a second tourist to actively
engage, and both would be covered by the fisherman's fund.
MR. LASANKIE said "Yes, but there is a requirement, we believe,
that someone actually be engaged in commercial fishing, so there
might be a potential question if someone had the license and was
just a bystander. That's something we haven't pursued beyond
noting that there might be such a problem."
REPRESENTATIVE LEDOUX asked that in order to go on a fishing
boat, even as an observer, does one need a license?
MR. LASANKIE said he does not have an answer, but he didn't
think so.
REPRESENTATIVE SEATON clarified that if someone is on board and
not engaged at all, a license is not needed. But if someone
ties up the boat, throws fish into the hold, or participates in
any way, he or she must have a commercial fishing license.
REPRESENTATIVE LEDOUX asked, so someone who is not engaged would
not need that license?
CO-CHAIR SAMUELS said that is correct--they don't need a license
now or after this legislation.
CO-CHAIR RAMRAS asked how much disclosure is required for each
license, what paperwork does a person have to sign regarding the
fisherman's fund, and what steps will the captain be required to
take to disclose the risks to novices?
MR. LASANKIE said that the Alaska Department of Fish & Game is
looking at what would be required for that license.
SARAH GILBERTSON, Legislative Liaison, Office of the
Commissioner, Alaska Department of Fish & Game, said she did not
know what disclosures were required.
REPRESENTATIVE LEDOUX said it is a matter of federal maritime
law.
1:37:38 PM
REPRESENTATIVE CRAWFORD asked how much demand there might be for
these short-term licenses.
MR. BERG said that it is unclear how much interest there is.
One fisherman, he said, put a one-day fishing trip on his web
site and got 1,200 hits in 12 hours. "There's been a lot of
interest just in tourism in general on getting off the Grayline
Bus tour and doing your own thing," he said.
REPRESENTATIVE SEATON said that currently it is just like buying
a sport-fishing license. It is just an application with no
disclosure, he said. The disclosures between a vessel and a
non-vessel fishery are different. Employees on a vessel must
sign a contract with the captain. Representative Seaton said he
is concerned that the short-term license holder will get full
medical coverage for a small amount of money. He said it is
unfunded liabilities for the fisherman's fund for the benefit of
the tourist industry.
CO-CHAIR SAMUELS said that the price is only $60 now. He asked
why the short-term license is for seven days, since tourists
usually would want a one-day license.
MR. BERG said the number of days has varied. The bill went into
the Fisheries Committee with a one-day and three-day license,
and the committee changed it to seven, because of the variety of
fishery activities. The Alaska Department of Fish & Game just
wanted to deal with one length of time, so the committee settled
on a seven-day license.
1:43:46 PM
REPRESENTATIVE SEATON said that HB 26 covers the tourist who
pays to join a fishery, but it also could be used to get
inexperienced deckhands while not paying them enough to get a
commercial license. It comes down to cheap labor, he said, and
lowers the professionalism of the industry. He added that he
has an amendment.
CO-CHAIR SAMUELS disputed that if a captain only needs help for
seven days, he or she could hire experienced people with a
short-term license. He said a captain would not seek help just
because it is $30 cheaper. He said he would like to amend the
bill to limit a short-term license to one per person per year.
REPRESENTATIVE LEDOUX said that she thinks it is important to
only have one time-length option. She said that ADF&G didn't
want various options.
REPRESENTATIVE SEATON said he thinks if the committee amended
the bill to prohibit getting paid while working under a short-
term license then it will be a recreational, tourist
opportunity, and a true crewmember wouldn't get one.
1:50:29 PM
REPRESENTATIVE SEATON moved Amendment 1, labeled 24-LS0181\Y.2,
Utermohle, 2/28/05, which read:
Page 2, line 17, following "may not":
Insert:
"be paid, receive crew shares, or receive other
compensation for work performed under the license and
may not"
CO-CHAIR SAMUELS objected for purposes of discussion.
The committee took an at-ease from 1:51 PM to 1:52 PM.
1:52:09 PM
MR. BERG said he and the sponsor talked about the amendment and
decided to let the committee decide on it. "We're easy on this
one. Whatever the resource committee thinks," he said.
CO-CHAIR SAMUELS removed his objection to Amendment 1.
REPRESENTATIVE LEDOUX asked for the sponsor's view of Amendment
1.
MR. BERG said that Representative Moses wasn't going to make
that switch himself. He said he thinks there are people who
would work briefly who are skilled. "We don't think fisherman
are out looking for cheap labor...and put their operation at
risk," he said.
CO-CHAIR SAMUELS said seeing no objections, Amendment 1 is
adopted.
REPRESENTATIVE SEATON brought up the question of the fisherman's
fund. A tourist won't do dangerous jobs, he said, so he thinks
Amendment 1 takes care of that problem, but he wanted to air it.
CO-CHAIR SAMUELS moved to report CSHB 26(FSH) out of committee,
as amended, with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 26(RES) was
reported from the House Resources Standing Committee.
ADJOURNMENT
There being no further business before the committee, the House
Resources Standing Committee meeting was adjourned at 1:56:46
PM.
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