04/17/2024 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| HB349 | |
| HB251 | |
| HB396 | |
| HB329 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 195 | TELECONFERENCED | |
| += | HB 251 | TELECONFERENCED | |
| += | HB 329 | TELECONFERENCED | |
| *+ | HB 396 | TELECONFERENCED | |
| += | HJR 22 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 349 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE RESOURCES STANDING COMMITTEE
April 17, 2024
1:49 p.m.
DRAFT
MEMBERS PRESENT
Representative Tom McKay, Chair
Representative George Rauscher, Vice Chair
Representative Thomas Baker
Representative Kevin McCabe
Representative Dan Saddler
Representative Stanley Wright
Representative Jennie Armstrong
Representative Donna Mears
Representative Maxine Dibert
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 349
"An Act relating to leases of public land for renewable energy
projects; and providing for an effective date."
- MOVED CSHB 349(RES) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 251(L&C)
"An Act exempting certain foods and drinks prepared in a
person's uninspected home kitchen from state labeling,
licensing, packaging, permitting, and inspection requirements;
and permitting a person to acquire meat from a producer by way
of an ownership share in an animal if certain conditions are
met."
- MOVED CSHB 251(L&C) OUT OF COMMITTEE
HOUSE BILL NO. 396
"An Act establishing a big game guide concession area permit
program on land in the state; relating to the duties of the Big
Game Commercial Services Board, the Board of Game, the
Department of Fish and Game, and the Department of Natural
Resources; requiring the Board of Game to establish an initial
big game guide concession area; and providing for an effective
date."
- HEARD & HELD
CS FOR HOUSE BILL NO. 329(FSH)
"An Act relating to state tideland leases; and relating to
aquatic farming or related hatchery operation site leases."
- MOVED CSHB 329(FSH) OUT OF COMMITTEE
HOUSE BILL NO. 195
"An Act relating to the powers of the Alaska Commercial
Fisheries Entry Commission; relating to administrative areas for
regulation of certain commercial set net entry permits;
establishing a buy-back program for certain set net entry
permits; providing for the termination of state set net tract
leases under the buy-back program; closing certain water to
commercial fishing; and providing for an effective date."
- SCHEDULED BUT NOT HEARD
HOUSE JOINT RESOLUTION NO. 22
Proposing an amendment to the Constitution of the State of
Alaska relating to subsistence use of replenishable natural
resources by state residents; and providing for an effective
date for the amendment.
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: HB 349
SHORT TITLE: RENEWABLE ENERGY PROJECT LEASES
SPONSOR(s): REPRESENTATIVE(s) GROH
02/20/24 (H) READ THE FIRST TIME - REFERRALS
02/20/24 (H) RES, ENE, FIN
03/08/24 (H) RES AT 1:00 PM BARNES 124
03/08/24 (H) Heard & Held
03/08/24 (H) MINUTE(RES)
03/11/24 (H) RES AT 1:00 PM BARNES 124
03/11/24 (H) Heard & Held
03/11/24 (H) MINUTE(RES)
03/22/24 (H) RES AT 1:00 PM BARNES 124
03/22/24 (H) <Bill Hearing Canceled>
03/25/24 (H) RES AT 1:00 PM BARNES 124
03/25/24 (H) <Bill Hearing Rescheduled to 03/27/24>
03/27/24 (H) RES AT 1:00 PM BARNES 124
03/27/24 (H) Scheduled but Not Heard
04/01/24 (H) RES AT 1:00 PM BARNES 124
04/01/24 (H) Heard & Held
04/01/24 (H) MINUTE(RES)
04/05/24 (H) RES AT 1:00 PM BARNES 124
04/05/24 (H) Scheduled but Not Heard
04/08/24 (H) RES AT 1:00 PM BARNES 124
04/08/24 (H) Scheduled but Not Heard
04/09/24 (H) ENE AT 10:15 AM BARNES 124
04/09/24 (H) -- MEETING CANCELED --
04/11/24 (H) ENE AT 10:15 AM BARNES 124
04/11/24 (H) -- MEETING CANCELED --
04/15/24 (H) RES AT 1:00 PM BARNES 124
04/15/24 (H) Scheduled but Not Heard
04/16/24 (H) ENE AT 10:15 AM BARNES 124
04/16/24 (H) -- MEETING CANCELED --
04/17/24 (H) RES AT 1:00 PM BARNES 124
BILL: HB 251
SHORT TITLE: EXEMPTIONS FOR HOMEMADE FOODS
SPONSOR(s): REPRESENTATIVE(s) RAUSCHER
01/16/24 (H) PREFILE RELEASED 1/12/24
01/16/24 (H) READ THE FIRST TIME - REFERRALS
01/16/24 (H) L&C, RES
02/02/24 (H) L&C AT 3:15 PM BARNES 124
02/02/24 (H) <Bill Hearing Rescheduled to 02/05/24>
02/05/24 (H) L&C AT 3:15 PM BARNES 124
02/05/24 (H) Heard & Held
02/05/24 (H) MINUTE(L&C)
02/14/24 (H) L&C AT 3:15 PM BARNES 124
02/14/24 (H) Scheduled but Not Heard
02/21/24 (H) L&C AT 3:15 PM BARNES 124
02/21/24 (H) -- MEETING CANCELED --
03/15/24 (H) L&C AT 3:15 PM BARNES 124
03/15/24 (H) -- MEETING CANCELED --
03/27/24 (H) L&C AT 3:15 PM BARNES 124
03/27/24 (H) Moved CSHB 251(L&C) Out of Committee
03/27/24 (H) MINUTE(L&C)
03/28/24 (H) L&C RPT CS(L&C) NEW TITLE 2DP 5NR
03/28/24 (H) DP: RUFFRIDGE, SUMNER
03/28/24 (H) NR: CARRICK, FIELDS, SADDLER, PRAX,
WRIGHT
04/08/24 (H) RES AT 1:00 PM BARNES 124
04/08/24 (H) Heard & Held
04/08/24 (H) MINUTE(RES)
04/15/24 (H) RES AT 1:00 PM BARNES 124
04/15/24 (H) Heard & Held
04/15/24 (H) MINUTE(RES)
04/17/24 (H) RES AT 1:00 PM BARNES 124
BILL: HB 396
SHORT TITLE: DNR BIG GAME GUIDE PERMIT PROGRAM
SPONSOR(s): RESOURCES
04/10/24 (H) READ THE FIRST TIME - REFERRALS
04/10/24 (H) RES, FIN
04/17/24 (H) RES AT 1:00 PM BARNES 124
BILL: HB 329
SHORT TITLE: AQUATIC FARM AND HATCHERY LEASES
SPONSOR(s): VANCE
02/15/24 (H) READ THE FIRST TIME - REFERRALS
02/15/24 (H) FSH, RES
02/27/24 (H) FSH AT 10:00 AM GRUENBERG 120
02/27/24 (H) <Bill Hearing Canceled>
03/05/24 (H) FSH AT 10:00 AM GRUENBERG 120
03/05/24 (H) <Bill Hearing Canceled>
03/07/24 (H) FSH AT 10:00 AM GRUENBERG 120
03/07/24 (H) Heard & Held
03/07/24 (H) MINUTE(FSH)
03/14/24 (H) FSH AT 10:00 AM GRUENBERG 120
03/14/24 (H) -- MEETING CANCELED --
03/19/24 (H) FSH AT 10:00 AM GRUENBERG 120
03/19/24 (H) <Bill Hearing Rescheduled to 03/21/24>
03/21/24 (H) FSH AT 10:00 AM GRUENBERG 120
03/21/24 (H) -- MEETING CANCELED --
03/26/24 (H) FSH AT 10:00 AM GRUENBERG 120
03/26/24 (H) Moved CSHB 329(FSH) Out of Committee
03/26/24 (H) MINUTE(FSH)
03/28/24 (H) FSH RPT CS(FSH) NEW TITLE 6DP
03/28/24 (H) DP: C.JOHNSON, HIMSCHOOT, CARPENTER,
STUTES, MCCABE, VANCE
03/28/24 (H) FIN REFERRAL ADDED AFTER RES
04/08/24 (H) RES AT 1:00 PM BARNES 124
04/08/24 (H) Heard & Held
04/08/24 (H) MINUTE(RES)
04/15/24 (H) RES AT 1:00 PM BARNES 124
04/15/24 (H) Heard & Held
04/15/24 (H) MINUTE(RES)
04/17/24 (H) RES AT 1:00 PM BARNES 124
WITNESS REGISTER
TREVOR JEPSEN, Staff
Representative Tom McKay
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: On behalf of Representative McKay,
explained amendments to CSHB 349, Version R.
CRYSTAL KOENEMAN, Legislative Liaison
Department of Environmental Conservation
Juneau, Alaska
POSITION STATEMENT: Spoke to Amendment 1 to CSHB 251(L&C).
AZABEL ORDAZ, Staff
Representative Tom McKay
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: On behalf of the sponsor, the House
Resources Standing Committee, which was chaired by
Representative McKay, gave a PowerPoint presentation titled "HB
396 Big Game Guide Concession Area Permit Program."
JASON BUNCH, Chair
Big Game Commercial Services Board
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community, and Economic Development
Kodiak, Alaska
POSITION STATEMENT: Provided invited testimony on HB 396.
JERRY BURNETT, Chair
Alaska Board of Game
Alaska Department of Fish and Game
Juneau, Alaska
POSITION STATEMENT: Provided invited testimony on HB 396.
SAM ROHRER, President
Alaska Professional Hunters Association
Kodiak, Alaska
POSITION STATEMENT: Provided invited testimony on HB 396.
ACTION NARRATIVE
1:49:33 PM
CHAIR MCKAY called the House Resources Standing Committee
meeting to order at 1:49 p.m. Representatives Mears, Armstrong,
Dibert, McCabe, Rauscher, Baker, Wright, Saddler, and McKay were
present at the call to order.
HB 349-RENEWABLE ENERGY PROJECT LEASES
1:51:03 PM
CHAIR MCKAY announced that the first order of business would be
HOUSE BILL NO. 349, "An Act relating to leases of public land
for renewable energy projects; and providing for an effective
date." [Before the committee, adopted as a working document on
4/1/24, was the proposed committee substitute (CS) for HB 349,
Version 33-LS1325\R, Bullard, 3/26/24 ("Version R").]
1:52:04 PM
CHAIR MCKAY moved to adopt Amendment 1 to HB 349, Version R,
labeled 33-LS1325\R.1, Bullard, 4/2/24, which read as follows:
Page 5, lines 30 - 31:
Delete all material.
Reletter the following subsections accordingly.
Page 6, line 27:
Delete "AS 38.05.091(e)"
Insert "AS 38.05.091(d)"
REPRESENTATIVE MCCABE objected for the purpose of discussion.
1:52:10 PM
TREVOR JEPSEN, Staff, Representative Tom McKay, Alaska State
Legislature, on behalf of Representative McKay, explained
amendments to HB 349, Version R. He stated that Amendment 1
would delete the requirement for the Division of Mining, Land,
and Water to conduct ongoing research to identify suitable
energy projects on state lands. He stated that this is at the
request of the Department of Natural Resources (DNR), as
conducting ongoing research would be a "hefty responsibility,"
and it could require a new program. He stated that the bill
sponsor is supportive of the amendment.
1:52:48 PM
REPRESENTATIVE MCCABE removed his objection. There being no
further objection, Amendment 1 was adopted.
1:52:58 PM
CHAIR MCKAY moved to adopt Amendment 2 to HB 349, Version R,
labeled 33-LS1325\R.2, Bullard, 4/2/24, as amended, which read
as follows:
Page 6, line 16:
Delete "identified by the commissioner under
AS 38.05.091(b) and"
REPRESENTATIVE MCCABE objected for the purpose of discussion.
1:53:04 PM
MR. JEPSON explained that Amendment 2 contains conforming
language to Amendment 1.
1:53:33 PM
REPRESENTATIVE MCCABE removed his objection. There being no
further objection, Amendment 2 was adopted.
1:53:41 PM
CHAIR MCKAY moved to adopt Amendment 3 to HB 349, Version R,
labeled 33-LS1325\R.3, Bullard, 4/3/24, as amended, which read
as follows:
Page 9, line 24:
Delete "the commissioner preparing, or"
Page 9, line 25:
Delete "to the commissioner, a proposal"
Insert "a proposal to the commissioner"
Page 9, lines 28 - 29:
Delete "A prospective licensee may initiate the
licensing process by submitting a proposal to the
department."
Page 10, lines 6 - 8:
Delete all material.
Reletter the following subsections accordingly.
Page 10, line 19:
Delete "(d)"
Insert "(c)"
Page 11, line 14:
Delete "or (d)"
Page 11, line 17:
Delete "(f)"
Insert "(e)"
Page 11, line 25:
Delete "(f)"
Insert "(e)"
Page 11, line 29:
Delete "(f)"
Insert "(e)"
REPRESENTATIVE MCCABE objected for the purpose of discussion.
1:53:48 PM
MR. JEPSON explained that Amendment 3 also contains conforming
language to Amendment 1.
1:54:19 PM
CHAIR MCKAY removed his objection. There being no further
objection, Amendment 3 was adopted.
CHAIR MCKAY noted that Amendments 4 and 5 were withdrawn.
1:54:37 PM
CHAIR MCKAY moved to adopt Amendment 6 to HB 349, Version R,
labeled 33-LS1325\R.6, Bullard, 4/3/24, as amended, which read
as follows:
Page 11, line 18:
Delete "30"
Insert "120"
REPRESENTATIVE MCCABE objected for the purpose of discussion.
1:54:46 PM
MR. JEPSON stated that Amendment 6 would extend the time for
licensees to accept or reject the issuance of a feasibility
license. He explained that this would allow more flexibility
for companies to have their finances ready for contracts. This
extension would be from 30 days to 120 days.
1:55:12 PM
REPRESENTATIVE MCCABE removed his objection. There being no
further objection, Amendment 6 was adopted.
1:55:25 PM
CHAIR MCKAY moved to adopt Amendment 7 to HB 349, Version R,
labeled 33-LS1325\R.7, Bullard, 4/3/24, as amended, which read
as follows:
Page 14, lines 28 - 29:
Delete "over a human, not a geological, time
frame"
Insert "within a 100-year period"
Page 14, line 30:
Delete "power" in both places
Page 14, line 31:
Delete ", or from thermal inertia of the earth"
REPRESENTATIVE MCCABE objected for the purpose of discussion.
1:55:37 PM
MR. JEPSON stated that the first portion of Amendment 7 would
remove the word "power", as it is not necessary. It would also
change the language "over a human, not a geological time frame"
to "within a 100-year period". He said that this would create
more specificity. He stated that the amendment would also
remove geothermal projects from the proposed legislation, as
these are already dealt with in statute.
1:56:33 PM
REPRESENTATIVE MCCABE removed his objection. There being no
further objection, Amendment 7 was adopted.
1:56:42 PM
CHAIR MCKAY moved to adopt Amendment 8 to HB 349, Version R,
labeled 33-LS1325\R.9, Bullard, 4/13/24, as amended, which read
as follows:
Page 7, line 17, following "licensee":
Insert ", including, as applicable, the possible
costs of remediating oil or other minerals,
fiberglass, microplastics, or other contamination"
Page 12, line 15, following "include":
Insert "(1)"
Page 12, line 18, following "lease":
Insert "; and
(2) bonding requirements the commissioner
determines are sufficient to cover the costs to the
department of the demolition and removal of project
infrastructure and restoration of land affected by the
lessee, including, as applicable, the possible costs
of remediating oil or other minerals, fiberglass,
microplastics, or other contamination"
REPRESENTATIVE MCCABE objected for the purpose of discussion.
1:56:50 PM
MR. JEPSON explained that [Amendment 8] would create bonding
requirements for the conversion of a feasibility license to a
lease. He explained that this is conforming language to Version
R. He continued that Amendment 8 would also include specific
language on contaminants, as DNR should be aware of this when
considering bonding requirements.
REPRESENTATIVE SADDLER confirmed that Amendment 8 was labeled
R.9.
1:58:17 PM
REPRESENTATIVE MCCABE removed his objection. There being no
further objection, Amendment 8 was adopted.
1:58:26 PM
CHAIR MCKAY moved to adopt Amendment 9 to HB 349, Version R,
labeled 33-LS1325\R.10, Bullard, 4/15/24, as amended, which read
as follows:
Page 10, line 9:
Delete "30"
Insert "180"
REPRESENTATIVE MCCABE objected for the purpose of discussion.
1:58:34 PM
MR. JEPSON stated that Amendment 9 would extend DNR's timeframe
for evaluating proposals and public notices. He stated that
this was at the request of DNR, as a 30-day timeframe could
accidentally "kill" proposals for larger projects.
REPRESENTATIVE SADDLER confirmed that Amendment 9 was labeled
R.10.
1:59:24 PM
REPRESENTATIVE MCCABE removed his objection. There being no
further objection, Amendment 9 was adopted.
1:59:47 PM
REPRESENTATIVE RAUSCHER moved to report CSHB 349, Version 33-
LS1325\R, Bullard, 3/26/24, as amended, out of committee with
individual recommendations and the accompanying fiscal notes,
and he gave Legislative Legal Services the authority to make any
necessary technical and conforming changes. There being no
objection, CSHB 349(RES) was reported out of the House Resources
Standing Committee.
2:00:39 PM
The committee took an at-ease from 2:00 p.m. to 2:04 p.m.
HB 251-EXEMPTIONS FOR HOMEMADE FOODS
2:04:06 PM
CHAIR MCKAY announced that the next order of business would be
CS FOR HOUSE BILL NO. 251(L&C), "An Act exempting certain foods
and drinks prepared in a person's uninspected home kitchen from
state labeling, licensing, packaging, permitting, and inspection
requirements; and permitting a person to acquire meat from a
producer by way of an ownership share in an animal if certain
conditions are met."
2:05:03 PM
REPRESENTATIVE MEARS moved to adopt Amendment 1 to CSHB
251(L&C), labeled 33-LS0888\U.3, Bullard, 4/17/24. [Because of
its length, Amendment 1 can be found at the end of the minutes
for CSHB 251(L&C).]
REPRESENTATIVE WRIGHT objected.
2:05:15 PM
REPRESENTATIVE MEARS stated that Amendment 1 would address the
Microenterprise Home Kitchen Operations [MEHKO] movement. She
stated that this would expand opportunities for people making
cottage foods. She stated that the idea came from an individual
who has a commercial kitchen and leases out space. This
individual has expressed concerns on temperature control and
safe handling of homemade foods. She stated that the amendment
would allow these foods to be made in home kitchens with
licensing and an inspection from the Department of Environmental
Conservation (DEC). She stated that this inspection and
licensing could be done remotely.
2:06:37 PM
REPRESENTATIVE RAUSCHER deferred to DEC for an opinion.
2:07:06 PM
CRYSTAL KOENEMAN, Legislative Liaison, Department of
Environmental Conservation, spoke to Amendment 1 to CSHB
251(L&C). She expressed the understanding that the amendment
would allow for the home production of meat or meat products,
which DEC does not regulate. She explained that the US
Department of Agriculture (USDA) must inspect all meat products,
or fall within a USDA exemption, and there would be no
exemptions in this scenario. She stated that food-borne
illnesses are often traced back to meat products. She noted
botulism, listeria, an E. coli as concerns. She stated that DEC
does not support the amendment, noting that inspections would
present a challenge. She stated that this would concern the
right to privacy for Alaskans, as DEC would have to go into
private homes. She explained that some of DEC's food inspectors
have experienced harassment in establishments that were
permitted. She also discussed the problem concerning appeals to
this inspection process. She reiterated that DEC does not
support the amendment for these reasons.
2:10:03 PM
REPRESENTATIVE RAUSCHER explained that the original intent of
the proposed legislation was to allow the state, which is
isolated from the Lower 48, to be self-sufficient from the USDA
if there were an emergency. He expressed the opinion that,
unfortunately, the amendment would be "too big of a bite of the
apple at this time;" therefore, he is unable to support the
amendment.
2:11:02 PM
REPRESENTATIVE SADDLER stated that the goal of HB 251 is
laudable, as it is trying to increase the sources of available
safe foods, while balancing this with public health concerns.
He expressed opposition to the amendment.
2:11:41 PM
REPRESENTATIVE MEARS argued that there is already a place for
inspected meats to be available in the market, and this would
just be utilizing these meats. She stated that this is already
happening in the state where tamales and lumpias are sold. She
pointed out that this would allow for having certificates on
food safety and food handling courses. She expressed the
understanding that cottage food handlers endorse being able to
produce these meat products legally and safely, and it would
help expand their businesses.
2:13:24 PM
REPRESENTATIVE MCCABE objected.
2:13:31 PM
A roll call vote was taken. Representatives Mears, Dibert, and
Armstrong voted in favor of Amendment 1 to CSHB 251(L&C).
Representatives McCabe, Baker, Rauscher, Saddler, Wright, and
McKay voted against it. Therefore, Amendment 1 failed to be
adopted by a vote of 3-6.
2:14:43 PM
REPRESENTATIVE MCCABE moved to report CSHB 251(L&C) out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 251(L&C) was
reported out of the House Resources Standing Committee.
2:15:24 PM
The committee took an at-ease from 2:15 p.m. to 2:19 p.m.
2:19:19 PM
[Amendment 1 to CSHB 251(L&C), labeled 33-LS0888\U.3, Bullard,
4/17/24, reads as follows:]
Page 1, line 2, following "requirements;":
Insert "relating to the permitting and regulation
of home cooking operations;"
Page 1, line 7, following ";":
Insert "Home Cooking Operations;"
Page 1, line 9:
Delete "17.20.338"
Insert "17.20.339"
Page 2, lines 28 - 29:
Delete "Department of Environmental Conservation"
Insert "department"
Page 3, line 14:
Delete "17.20.338"
Insert "17.20.339"
Page 3, following line 18:
Insert new sections to read:
"Sec. 17.20.333. Home cooking operations. (a) An
individual may not maintain or operate a home cooking
operation without a permit issued by the department
under this section. Except as otherwise provided in
AS 17.20.332 - 17.20.339, a home cooking operation
permit authorizes an individual to operate a home
cooking operation in the individual's home.
(b) A permit holder may not produce or sell
(1) food containing raw shellfish; or
(2) raw milk or raw milk products.
(c) A home cooking operation permit holder
may only sell food that is ready for personal
consumption without further washing, cooking, or other
necessary preparation. Food produced by a home cooking
operation may not be sold or used in a commercial food
establishment. Food produced by a home cooking
operation may be sold from a retail space, including a
space at a farmers' market or at the farm or residence
where the home cooking operation is located.
(d) A home cooking operation permit holder shall
prepare, cook, and serve food, or have food picked up
for delivery, within an amount of time the department
determines is safe based on the holding equipment
capacity of the permit holder's home cooking
operation. Food from a home cooking operation may be
delivered to consumers by the permit holder, an
employee or agent of the permit holder, or a third-
party delivery service.
(e) A home cooking operation permit holder and
an employee of a home cooking operation permit holder
who works with unpackaged food, food equipment or
utensils, or food contact surfaces in the home cooking
operation must have the training, testing, and
certification required of an individual who handles or
prepares food under AS 17.20.005(1)(D).
(f) A permit, once issued, may not be
transferred. A permit is only valid for the individual
and location specified by the permit and, unless
suspended or revoked for cause, for the amount of time
indicated.
(g) An individual must apply for a home cooking
operation permit on a form prescribed by the
department. The department may require a home cooking
operation permit holder to renew the permit
periodically, but not more frequently than once each
year.
(h) The department may require an applicant for
a home cooking operation permit to submit a written
copy of the standard operating procedures for the
applicant's planned home cooking operation that
includes the following:
(1) a list of all food types or products
that will be handled;
(2) proposed procedures and methods of food
preparation and handling;
(3) procedures, methods, and schedules for
cleaning utensils and equipment and for the disposal
of refuse;
(4) how food will be maintained at safe
holding temperatures pending pickup by, or during
delivery to, a consumer;
(5) information about the type of service,
which may include consumer pickup and delivery, in-
home dining, instructional courses, or a combination
of services; and
(6) a list of the areas within or outside
the individual's home, which may include a porch or
backyard with a barbecue, to be covered by the permit.
(i) The department shall issue a permit to an
applicant for a home cooking operation who meets the
requirements of this section if, after an initial
inspection, the department determines that the
proposed home cooking operation and its method of
operation comply with AS 17.20.333 - 17.20.336. The
department shall conduct the initial inspection of an
applicant's proposed home cooking operation at a time
mutually agreed to by the department and the applicant
within one month after the department receives the
application. The initial inspection is limited to the
areas of the home listed on the permit application.
The department may conduct an initial inspection
remotely by videoconference technology.
(j) If the department denies the permit
application, the department shall provide the
applicant with
(1) notice of the specific reasons for the
denial and an opportunity to cure the deficiencies;
and
(2) notice of the applicant's right to
appeal and an explanation of the process and time
frame for an appeal that is provided in law.
(k) The department may charge a fee for a home
cooking operation permit issued under this section.
The department shall set the fee by regulation, and
the fee must be based on the actual costs incurred by
the department in administering the home cooking
operation permit program.
(l) The department shall provide a home cooking
operation permit holder the opportunity to update the
food types, products handled, and service or delivery
methods authorized by the permit without requiring the
permit holder to submit a new permit application.
(m) A home cooking operation permit holder shall
keep a copy of the home cooking operation permit
onsite and make the permit available to a
representative of the department upon request.
Sec. 17.20.334. Regulation of home cooking
operations. (a) The department shall
(1) adopt, administer, and enforce
regulations to carry out the provisions of
AS 17.20.333 17.20.336, including regulations that
(A) establish home cooking operation permit
requirements, including hygiene, safety, sanitation,
approved sources of food, training, and record
keeping;
(B) provide for investigations,
inspections, warnings, and restrictions for home
cooking operations; and
(C) provide for the issuance, renewal,
suspension, and revocation of a home cooking operation
permit issued under AS 17.20.333; and
(2) use officers and employees of the
department to inspect facilities permitted under
AS 17.20.333.
(b) Regulations adopted by the department under
AS 17.20.333 - 17.20.336
(1) must
(A) apply only to the permitted operations
of the home cooking operation and area of the home
used for the home cooking operation;
(B) ensure that food may be safely prepared
by a home cooking operation in an ordinary home
kitchen;
(C) provide that any training content or
examination provided or required by the department
under AS 17.20.333 - 17.20.336 is available in
languages other than English that are commonly spoken
in the state as a primary language;
(2) may not
(A) require a home cooking operation to
have or use facilities or equipment not ordinarily
used in a private home kitchen;
(B) prohibit an individual who lives in the
home or a guest of an individual who lives in the home
from accessing and being present in the permitted area
where food for the home cooking operation is stored,
handled, prepared, or packaged, unless the individual
(i) has a symptom of an acute
gastrointestinal illness; or
(ii) is infected with a disease that is
transmissible through food;
(C) require that a home cooking operation
permit holder or individual working in a home cooking
operation obtain food safety training and
certification beyond the training and certification
required under AS 17.20.005(1)(D) of an individual who
works in a commercial kitchen or restaurant;
(3) may require that a home cooking
operation comply with sanitation regulations
applicable to retail food establishments, to the
extent that the regulation meets the requirements of
(1)(B) and (2)(A) of this subsection and does not
otherwise conflict with AS 17.20.333 - 17.20.336.
(c) After a home cooking operation is initially
inspected under AS 17.20.333(i), the department may
only inspect the home cooking operation in the
following circumstances:
(1) conduct a routine inspection not more
than once in a 12-month period of the home cooking
operation for the purpose of observing the home
cooking operation permit holder engaged in the usual
activities of the home cooking operation, including
active food preparation;
(2) when there is cause, which may include
a credible consumer complaint, to suspect that the
home cooking operation adulterated or otherwise
produced unsafe food or that the home cooking
operation permit holder otherwise violated
AS 17.20.333 - 17.20.336; or
(3) in an emergency if there is cause to
believe that the home cooking operation poses a
serious hazard or immediate threat to public health,
limited to the facts prompting the inspection.
(d) Before conducting an inspection under (c)(1)
or (2) of this section, the department shall provide
notice to the home cooking operation permit holder and
conduct the inspection at a mutually agreeable date
and time. However, before conducting an emergency
inspection under (c)(3) of this section, the
department must only provide the home cooking
operation permit holder with advance notice of the
inspection to a reasonable extent under the
circumstances. In conducting an inspection under this
section, the department may only inspect permitted
areas of the home cooking operation for the purpose of
enforcing or administering AS 17.20.333 - 17.20.336.
(e) The department may decline to issue or renew
a home cooking operation permit and may suspend or
revoke a home cooking operation permit after due
notice and opportunity for hearing if the department
determines that
(1) an applicant for a home cooking
operation permit, or home cooking operation permit
holder, provided false or misleading information in a
permit application; or
(2) a home cooking operation permit holder
(A) does not have the facilities or
equipment necessary to safely produce food or is not
maintaining or operating the home cooking operation in
a manner necessary to safely produce food;
(B) has produced adulterated food or has
produced food in a manner that it is likely to result
in adulterated food;
(C) has failed to produce a record or
provide information reasonably requested by the
department that is necessary to the administration and
enforcement of AS 17.20.333 - 17.20.336; or
(D) has failed to comply with AS 17.20.333
- 17.20.336 or a regulation adopted under AS 17.20.333
- 17.20.336.
(f) Except in circumstances posing an imminent,
serious risk to public health, before the department
seeks an administrative remedy or penalty, the
department shall
(1) issue a warning letter or notice of
violation to a home cooking operation permit holder
the department finds to be in violation of
AS 17.20.333 - 17.20.336 or a regulation adopted under
AS 17.20.333 - 17.20.336;
(2) provide the home cooking operation
permit holder a reasonable opportunity to cure the
violation.
Sec. 17.20.335. Municipal regulation of home
cooking operations. (a) A municipality may not require
a home cooking operation permitted under AS 17.20.333
to comply with requirements that are different from,
or in addition to, the requirements of and regulations
adopted under AS 17.20.333 - 17.20.336.
(b) A municipality may not prohibit the
operation of, require a permit to operate, other than
a business license issued under AS 43.70.020 and the
permit issued under AS 17.20.333, require a rezone of
or levy any fees on the property, or impose any other
restrictions on a home cooking operation in any
residential dwelling for zoning purposes.
(c) This section does not supersede or otherwise
limit the power of a municipality to investigate and
enforce the authority of a municipal nuisance
ordinance.
(d) The use of a residence for a home cooking
operation permitted under AS 17.20.333 may not
constitute a change of occupancy for purposes of the
state housing laws or municipal building or fire
codes. A residence containing a home cooking operation
is considered a residence for purposes of state and
local building and fire codes.
(e) Lawful operation of a home cooking operation
may not be grounds for eviction of a home cooking
operation permit holder from a leased residence unless
the use of the premises for a home cooking operation
violates the lease.
Sec. 17.20.336. Collection and reporting of
information on home cooking operations. (a) The
department shall annually collect and publicly report
aggregate data on the number of home cooking operation
permit applications received, the number of home
cooking operation permits issued, the numbers and
types of violations found by the department in
enforcing AS 17.20.333 - 17.20.336 and regulations
adopted under AS 17.20.333 - 17.20.336, and the
numbers and types of enforcement actions taken by the
department to enforce AS 17.20.333 - 17.20.336 and
regulations adopted under AS 17.20.333 - 17.20.336.
(b) The department shall maintain a publicly
available list on the department's Internet website of
the business name, permit numbers, and location of all
home cooking operations permitted under AS 17.20.333."
Page 3, line 19:
Delete "Sec. 17.20.334"
Insert "Sec. 17.20.337"
Page 4, lines 19 - 20:
Delete "Department of Environmental Conservation"
Insert "department"
Page 4, line 22:
Delete "Sec. 17.20.336"
Insert "Sec. 17.20.338"
Delete "17.20.338"
Insert "17.20.339"
Page 4, line 23:
Delete "Department of Environmental Conservation"
Insert "department"
Page 4, line 31:
Delete "17.20.338"
Insert "17.20.339"
Page 5, line 8:
Delete "Sec. 17.20.338"
Insert "Sec. 17.20.339"
Delete "17.20.338"
Insert "17.20.339"
Page 5, following line 8:
Insert a new paragraph to read:
"(1) "adulterated food" has the meaning
given in AS 17.20.020;"
Renumber the following paragraphs accordingly.
Page 5, line 15:
Delete "17.20.338"
Insert "17.20.339"
Page 5, following line 18:
Insert a new paragraph to read:
"(5) "department" means the Department of
Environmental Conservation;"
Renumber the following paragraphs accordingly.
Page 5, following line 24:
Insert a new paragraph to read:
"(8) "home cooking operation"
(A) means an enterprise in a private home
that is operated by an individual residing in the home
to store, handle, prepare, package, serve, and sell or
otherwise provide food to consumers;
(B) does not include an uninspected kitchen
where homemade food may be produced under
AS 17.20.332, food processing plant, food service
establishment, temporary food service establishment,
caterer, educational institution, or residential group
home, assisted living, or health care facility;"
Renumber the following paragraphs accordingly.
Page 6, following line 16:
Insert a new bill section to read:
"* Sec. 2. The uncodified law of the State of
Alaska is amended by adding a new section to read:
TRANSITION; REQUIREMENT FOR PUBLIC NOTICE OF HOME
COOKING OPERATION PERMIT REQUIREMENTS. (a) Within six
months after the effective date of sec. 1 of this Act,
the Department of Environmental Conservation shall
post the requirements for a home cooking operation
permit issued under AS 17.20.333, added by sec. 1 of
this Act, on the department's Internet website.
(b) The home cooking operation permit
requirements that must be posted under (a) of this
section must be written in a manner that is clear,
concise, and easily readable. At the discretion of the
department, the department may make the home cooking
operation permit requirements available in a language
other than English."
HB 396-DNR BIG GAME GUIDE PERMIT PROGRAM
2:19:19 PM
CHAIR MCKAY announced that the next order of business would be
HOUSE BILL NO. 396, "An Act establishing a big game guide
concession area permit program on land in the state; relating to
the duties of the Big Game Commercial Services Board, the Board
of Game, the Department of Fish and Game, and the Department of
Natural Resources; requiring the Board of Game to establish an
initial big game guide concession area; and providing for an
effective date."
2:19:53 PM
CHAIR MCKAY paraphrased the sponsor statement [copy included in
the committee packet], which read as follows [original
punctuation provided]:
For years, overcrowding of commercial hunting
operations on state lands have resulted in decreasing
incentives for guides to act as stewards of our public
trust resources. While federally managed lands in
Alaska have successful hunting guide concession
programs, there is no process by which the commercial
use of state land is allocated and no limits on the
number of commercial hunting guide operations that can
operate in these areas. The current unregulated
situation incentivizes guides to aggressively "race
for the game" thereby decreasing quality of experience
for guided clients, increasing conflicts between
commercial users, and disadvantaging resident hunters
and subsistence hunters.
This bill seeks to solve a long-standing problem on
state lands by implementing a constitutionally sound
concession program to limit the number of commercial
hunting guide operations on state lands in Alaska. The
key features of the program include a competitive
process that ensures qualified individuals and new
entrants to the market are selected, a 10-year
concession duration that requires all applicants
(including incumbents) to compete for each concession
area on an even playing field; transferability
conditions; heightened ability for state enforcement
of wildlife laws; and an equitable fee structure that
will allow the state to adequately maintain the
program.
I urge my colleagues to support this legislation which
will put in place a proven mechanism to improve the
quality of hunting on state lands to the benefit of
all Alaskans.
2:22:30 PM
AZABEL ORDAZ, Staff, Representative Tom McKay, Alaska State
Legislature, on behalf of the sponsor, the House Resources
Standing Committee chaired by Representative McKay, gave a
PowerPoint presentation, titled "HB 396 Big Game Guide
Concession Area Permit Program," [hard copy included in the
committee packet]. On slide 2, she discussed the economic
impacts of the guiding industry on the private sector. She
noted that the economic output of the guiding industry in 2019
was $91 million, and this included direct spending and wages.
She pointed out the data on the industry's spending in rural and
remote areas in the state. She noted that 1,380 individuals
were directly employed by the guiding industry, with most of
these individuals being Alaskan residents. She further
discussed the guide industry's spending in rural and remote
areas in the state.
MS. ORDAZ moved to slide 2 and discussed the guiding industry's
economic benefits to the public sector. She noted the number of
resident and nonresident licenses issued, along with the revenue
from these licenses. She stated that revenue from nonresident
licenses generate more revenue than resident licenses. She
moved to the next slide and discussed the nonmonetary community
benefits from the guiding industry. She stated that the guide
industry shared 223,500 pounds of game meat with Alaskans, with
166,000 pounds of this shared with rural residents.
2:25:55 PM
MS. ORDAZ moved to slide 5 and discussed the guide industry's
history in Alaska, and the lawsuit that struck down the Guide
Licensing and Control Board's program on joint use areas and
exclusive use areas. She continued that after this, federal
programs implemented guide concession programs, while the state
did nothing. She moved to slide 6 and addressed the current
guide situation. She stated that currently there is no process
by which the commercial use of state land can be allocated among
commercial big game hunting guides, and this has caused an
unlimited number of commercial hunting guide operations on state
lands. She explained that this has led to overcrowding,
overutilization of wildlife resources, and [guide companies]
conflicting with resident and subsistence hunters. She stated
that without a limit of commercial guides in certain units, big
game is being exploited. She further discussed this
exploitation and its effects.
2:29:54 PM
MS. ORDAZ moved to slide 7 and pointed out that the Big Game
Commercial Services Board (BGCSB) created the [Big Game
Commercial Services Board Guide Concession Program Workgroup] in
December 2022 to address the problem. This workgroup was setup
to examine complaints received by the public regarding poor
wildlife conservation practices, conflicts, overcrowding, and
overutilization of hunting. She stated that the workgroup
conducted a comprehensive process that included public meetings,
a review of numerous past proposals, and a review of the federal
concession programs. She stated that the workgroup also had
public consultations with licensed guides, residents, other
stakeholders, and various state agencies. She stated that the
concession program proposed by HB 396 is modeled after the
workgroup's recommendations.
MS. ORDAZ moved to slide 8 and slide 9, stating that HB 396
would direct the Board of Game to establish a big game guide
concession area in a single game management unit or subunit,
which would expand to another unit after three years. After
taking public comment and consultation with the Alaska
Department of Fish and Game (ADF&G), BGCSB, and the Department
of Natural Resources (DNR), a determination would be made on a
guide concession area. She stated that the board would
determine the number of permits in the concession area, with
full and limited big game guide concession area permits issued
in an open, public, and competitive process. She added that
guides would be limited to three concession permits, which would
be valid for 10 years. She continued laying out the provisions
in the proposed legislation, as seen on the slides.
MS. ORDAZ moved to slide 10 and discussed the benefits of the
proposed legislation, which include: promotes improvement of
wildlife conservation; reduces conflict between commercial
hunting operations and subsistence and resident hunters;
strengthens and unifies collaboration between ADF&G, Board of
Game, BGCSB, and DNR; provides for stable Alaska business and
employment; and provides an open, public, and competitive
process for new entry.
2:34:43 PM
MS. ORDAZ presented the sectional analysis [copy included in the
committee packet], which read as follows [original punctuation
provided]:
Sec. 1 Authorizes the Big Game Commercial Services
Board to coordinate and consult with the Board of Game
and the Department of Natural Resources to fulfill the
duties of each under AS 16.05.262 and AS 38.05.022.
Sec. 2 Establishes big game guide concession areas and
designates the Board of Game to oversee the process of
determining which game management units or subunits
will adopt a big game guide concession area permit
program.
Sec. 3 Designates the commissioner of the Department
of Natural Resources to administer the implementation
of the big game guide concession area permit program.
Grants the Department of Natural Resources or their
designee the authority to enforce the terms of this
program and authorizes the commissioner to keep any
proprietary, commercial, and financial information
provided by concession permit applicants confidential.
Clarifies the conditions for permits that must be
included in regulations and provides definitions.
Sec. 4 Establishes the initial big game guide
concession area and permit program under Board of
Game. Provides definitions for permits and game
management unit.
Sec. 5 Adds transitional language allowing the big
game guide concession area program to extend to new
game management units and subunits after the first
concession area has been implemented for at least
three (3) years.
Sec. 6 Provides an immediate effective date.
2:37:00 PM
JASON BUNCH, Chair, Big Game Commercial Services Board, Division
of Corporations, Business and Professional Licensing, Department
of Commerce, Community, and Economic Development (DCCED),
provided invited testimony on HB 396. He stated that, in the
interest of the state's wildlife resources, BGCSB was
established to regulate activities by licensees. He stated that
BGCSB has five main considerations, with the first and foremost
being the conservation of the state's natural resources. He
continued that the other considerations are stewardship,
continued resident opportunities, economic value to the state,
and the viability of small businesses. He stated that the
solution to the state's problem with big game would be to find a
balance of these five criteria.
MR. BUNCH stated that there have been formal complaints from
[the public and the guiding industry] about congestion, a
decrease in game populations, stress by guide businesses,
decisions by the Board of Game, and a decrease in law
enforcement. He stated that to address these complaints, the
Big Game Commercial Services Board Guide Concession Program
Workgroup was formed, of which he chaired. He stated that there
was first an investigation on BGCSB's spending, and it was found
that the bulk of its spending was for investigations on state
land users, but not federal land users. He noted that the
difference is federal lands have concession programs that are
competitive. He listed the entities that are affected by big
game commercial services, which include ADF&G, the Board of
Game, DCCED, and DNR. He stated that the workgroup was
comprised of representatives from these entities along with a
member from the public.
MR. BUNCH stated that the workgroup educated itself on the
current federal concession programs by speaking with the
National Park Service and the US Forest Service. He disclosed
that he is a big game guide and has a permit on federal land,
and he noted that he understands the differences in the
concessions by these two federal entities.
2:41:59 PM
MR. BUNCH stated that to address the hurdles, the workgroup
followed the proposed DNR concession plan of 2013, which had had
five years of effort. He noted the workgroup's decision had
been based on BGCSB's five considerations. He continued that 16
public meetings were held in 10 months, with the results being
the recommendations in HB 396. He stated that this is similar
to the federal concession programs, and it would be a four-step
public process. He stated that once there is a proposal for an
area, it would go to the Board of Game, and the board would
alert the other entities of this. From here there would be a
public hearing and an advisory committee set up to look at the
details.
2:45:36 PM
CHAIR MCKAY questioned the final result of the workgroup.
2:45:45 PM
MR. BUNCH responded that the result is HB 396, of which the
BGCSB fully supports.
2:46:17 PM
MR. BUNCH, in response to a question from Representative
Saddler, stated that the public member of the workgroup was Ted
Spraker. He provided Mr. Spraker's qualifications, including
that he had been a biologist for ADF&G. In response to a
follow-up question, he stated that this was a public seat, as
Mr. Spraker is retired.
2:48:06 PM
JERRY BURNETT, Chair, Alaska Board of Game, Alaska Department of
Fish and Game, expressed support for HB 396 on behalf of the
board.
2:49:13 PM
SAM ROHRER, President, Alaska Professional Hunters Association
(APHA), spoke in support of HB 396. He stated that members of
APHA are statewide, as they guide on state, federal, and Native
lands. He discussed the history of hunting guides in the state,
noting that guiding has been an important economic driver for
rural Alaska. He noted the 1988 court decision that rendered
the state guide system unconstitutional. In response to this
lawsuit, he said that federal agencies had created their own
guide [concession] programs, and he expressed the opinion that
they work very well. He continued with the opinion that the
lack of a state guide system is the most urgent single issue
facing the profession. He explained that the problem has become
one of entitlement, as anyone who holds a guide license can
access state land. He stated that APHA believes the unlimited
use of this land is failing, as the land should be managed by
resource stewardship.
MR. ROHRER expressed the opinion that the problem of the
unlimited use of DNR land was successfully addressed by the
BGCSB's workgroup in its public meetings. He noted that the
workgroup addressed statewide implementation, transferability,
the collaboration of involved entities, the entry of new guides,
and limited concessions. He expressed support for the
workgroup's conclusions, as its proposal would benefit
residents, subsistence users, and rural communities, and it
would put conservation of the resource as its primary goal. He
suggested that without putting a state program in place, there
would be no future for guiding.
2:54:01 PM
REPRESENTATIVE SADDLER questioned how the proposed concession
program would benefit the public.
MR. ROHRER answered that if there were a concession program on
state land, when a resident hunter goes into the field the
hunter would know who is in the field. Currently on state
lands, there could be an unlimited number of guides and no way
to know whom else is in the field. He said that in this
scenario it is difficult to avoid each other.
2:55:23 PM
REPRESENTATIVE RAUSCHER questioned whether SB 253, the Senate's
current version of the legislation, is similar to HB 396.
MR. BUNCH expressed the understanding that these bills are
exactly the same.
2:56:06 PM
REPRESENTATIVE BAKER stated that he has multiple questions. He
asked whether he could send these to the sponsor's office.
CHAIR MCKAY agreed that this would be the best, as the meeting
was out of time.
2:57:22 PM
CHAIR MCKAY announced that HB 396 was held over.
2:57:28 PM
The committee took an at-ease from 2:57 p.m. to 2:58 p.m.
HB 329-AQUATIC FARM AND HATCHERY LEASES
2:58:07 PM
CHAIR MCKAY announced that the final order of business would be
CS FOR HOUSE BILL NO. 329(FSH), "An Act relating to state
tideland leases; relating to geoduck seed transfers; and
relating to aquatic farming or related hatchery operation site
leases."
2:58:50 PM
REPRESENTATIVE RAUSCHER moved to report CSHB 329(FSH) out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 329(FSH) was
reported out of the House Resources Standing Committee.
2:59:39 PM
ADJOURNMENT
There being no further business before the committee, the House
Resources Standing Committee meeting was adjourned at [2:59]
p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 396A.pdf |
HRES 4/17/2024 1:00:00 PM |
HB 396 |
| HB 396 Sponsor Statement Version A.pdf |
HRES 4/17/2024 1:00:00 PM |
HB 396 |
| HB 396 Sectional Analysis ver A 4.17.24.pdf |
HRES 4/17/2024 1:00:00 PM |
HB 396 |
| HB 396 Letters of Support 4.17.24.pdf |
HRES 4/17/2024 1:00:00 PM |
HB 396 |
| HB 396 BGCSB Workgroup Proposal Supporting Document.pdf |
HRES 4/17/2024 1:00:00 PM |
HB 396 |
| HB 396 Fiscal Note #1 DNR.pdf |
HRES 4/17/2024 1:00:00 PM |
HB 396 |
| HB 396 Supporting Document Owsichek v. Guide Licensing & Control Bd. 10.21.1988.pdf |
HRES 4/17/2024 1:00:00 PM |
HB 396 |
| HB 396 Powerpoint Presentation 4.17.24.pptx |
HRES 4/17/2024 1:00:00 PM |
HB 396 |
| HB 396 Fiscal Note #2 F&G (WC).pdf |
HRES 4/17/2024 1:00:00 PM |
HB 396 |
| HB 396 Fiscal Note #3 F&G (BOFG).pdf |
HRES 4/17/2024 1:00:00 PM |
HB 396 |
| HB 329 AM1.pdf |
HRES 4/17/2024 1:00:00 PM |
HB 329 |
| HB 251 AM1.pdf |
HRES 4/17/2024 1:00:00 PM |
HB 251 |