Legislature(2009 - 2010)BELTZ 211
04/09/2009 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB156 | |
| SB137 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 156 | TELECONFERENCED | |
| += | SB 137 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
April 9, 2009
3:33 p.m.
MEMBERS PRESENT
Senator Donald Olson, Chair
Senator Joe Thomas, Vice Chair
Senator Albert Kookesh
Senator Linda Menard
MEMBERS ABSENT
Senator Hollis French
COMMITTEE CALENDAR
HOUSE BILL NO. 156
"An Act relating to municipal fees charged for disposal of waste
material from the substantial rehabilitation, renovation,
demolition, removal, or replacement of a structure on
deteriorated property."
MOVED HB 156 OUT OF COMMITTEE
SENATE BILL NO. 137
"An Act relating to meetings of the Board of Fisheries."
MOVED SB 137 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 156
SHORT TITLE: ALLOWING CERTAIN LANDFILL FEE WAIVERS
SPONSOR(s): REPRESENTATIVE(s) LYNN
02/25/09 (H) READ THE FIRST TIME - REFERRALS
02/25/09 (H) CRA
03/12/09 (H) CRA AT 8:00 AM BARNES 124
03/12/09 (H) Scheduled But Not Heard
03/17/09 (H) CRA AT 8:00 AM BARNES 124
03/17/09 (H) Moved Out of Committee
03/17/09 (H) MINUTE(CRA)
03/18/09 (H) CRA RPT 1DP 4NR
03/18/09 (H) DP: KELLER
03/18/09 (H) NR: CISSNA, MILLETT, MUNOZ, HERRON
04/02/09 (H) TRANSMITTED TO (S)
04/02/09 (H) VERSION: HB 156
04/03/09 (S) READ THE FIRST TIME - REFERRALS
04/03/09 (S) CRA, STA
04/09/09 (S) CRA AT 3:30 PM BELTZ 211
BILL: SB 137
SHORT TITLE: REPORT ON MEETINGS OF BOARD OF FISHERIES
SPONSOR(s): SENATOR(s) BUNDE
03/09/09 (S) READ THE FIRST TIME - REFERRALS
03/09/09 (S) CRA, RES
03/26/09 (S) CRA AT 3:30 PM BELTZ 211
03/26/09 (S) Bills Previously Heard/Scheduled
04/02/09 (S) CRA AT 3:30 PM BELTZ 211
04/02/09 (S) Heard & Held
04/02/09 (S) MINUTE(CRA)
04/09/09 (S) CRA AT 3:30 PM BELTZ 211
WITNESS REGISTER
REPRESENTATIVE BOB LYNN
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of HB 156.
DIRK MOFFATT, Staff
to Representative Bob Lynn
Alaska State Capitol Building
Juneau, AK
POSITION STATEMENT: Provided information on HB 156 on behalf of
the sponsor.
MARK MARLOW, Principal
Marlow Corporation
Anchorage, AK
POSITION STATEMENT: Testified in support of HB 156.
SENATOR CON BUNDE
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of SB 137.
JIM MARCOTTE, Executive Director
Alaska Board of Fisheries
Alaska Department of Fish and Game
Juneau, AK
POSITION STATEMENT: Responded to questions related to SB 137.
JERRY MCCUNE, President
United Fishermen of Alaska
Cordova, AK
POSITION STATEMENT: Provided information related to SB 137.
ACTION NARRATIVE
3:33:54 PM
CHAIR DONALD OLSON called the Senate Community and Regional
Affairs Standing Committee meeting to order at 3:33 p.m.
Senators Menard and Olson were present at the call to order and
Senators Thomas and Kookesh arrived soon thereafter.
HB 156-ALLOWING CERTAIN LANDFILL FEE WAIVERS
3:34:22 PM
CHAIR OLSON announced consideration of HB 156.
REPRESENTATIVE BOB LYNN, Alaska State Legislature, sponsor of HB
156, said the legislation permits, but does not require,
municipalities to waive disposal or "tipping" fees for waste
materials from deteriorated properties that are under
renovation. It's good public policy and doesn't cost the state
money. This can make it economically feasible to renovate a
deteriorated property to the betterment of the community.
3:36:12 PM
SENATOR MENARD asked if this legislation includes minor
renovations by a home owner.
REPRESENTATIVE LYNN said the statute applies to commercial
properties only.
DIRK MOFFATT, Staff to Representative Lynn, added that there is
a definition in the back of the members' packets and he believes
the smallest is an eight unit property.
SENATOR MENARD asked if this would apply to a residence that is
in a commercially zoned area.
REPRESENTATIVE LYNN asked Mr. Moffatt to read the definition.
MR. MOFFATT read AS 29.45.050(o) through AS 29.45.050(p).
3:42:09 PM
CHAIR OLSON asked what the answer is to Senator Menard's
question.
REPRESENTATIVE LYNN said his understanding is that a
deteriorated property is commercial property that is not used
for residential purposes other than properties with at least
eight units. Within the last five years it has to have been
determined by the municipality to be "deteriorated"; it must be
not less than 15 years of age and have undergone substantial
renovation, demolition, and removal; and is located in a
deteriorated or deteriorating area with boundaries that have
been determined by the municipality.
CHAIR OLSON queried, "So the answer to her question is no?"
REPRESENTATIVE LYNN agreed.
CHAIR OLSON recognized that Senators Thomas and Kookesh had
joined the meeting.
3:42:58 PM
MARK MARLOW, Principal, Marlow Corporation, explained that the
Fairbanks North Star Borough in 2005 passed a local ordinance to
waive tipping fees to facilitate the renovation of the Polaris
Tower in downtown Fairbanks. HB 156 stemmed from a concern that
the ordinance could be challenged on a constitutional basis of
equal treatment. The fix was to define deteriorated property
within AS 29.35 - somewhat like AS 29.45 was amended to define
deteriorated property - so that municipalities could implement
property tax relief to facilitate redevelopment of deteriorated
property. Deteriorated property was defined as a particular
class of property so that it met the constitutional test.
HB 156 aims to define deteriorated property within AS 29.35 and
points back to AS 29.45 so that if a municipality chooses to
extend this benefit to help facilitate redevelopment of a
property that, through a very public process, has been defined
as deteriorated, then it will meet the constitutional test.
MR. MARLOW said his firm is involved in an effort to restore the
Polaris Tower to usefulness and he would like the legislation to
pass.
3:45:21 PM
CHAIR OLSON asked if Fairbanks is the only municipality that is
having a problem related to this issue.
MR. MARLOW said he isn't aware of others. This would be a
significant benefit because the Polaris Tower renovation project
will produce a great deal of debris. It was a little different
when the old MacKay building in downtown Anchorage was renovated
because the building had already been stripped. As buildings and
infrastructure age these things need to be addressed to mitigate
blight. This would be a good tool for local municipalities, he
said.
REPRESENTATIVE LYNN highlighted a March 10 letter from the
Anchorage Downtown Partnership supporting the bill.
3:47:17 PM
CHAIR OLSON closed public testimony and asked the will of the
committee.
SENATOR KOOKESH moved to report HB 156 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, HB 156 moved from the Senate Community and
Regional Affairs Standing Committee.
SB 137-REPORT ON MEETINGS OF BOARD OF FISHERIES
CHAIR OLSON announced consideration of SB 137.
3:48:05 PM
SENATOR CON BUNDE, Alaska State Legislature, speaking as sponsor
of SB 137, said to refresh the committee's memory, this bill
asks the Board of Fisheries (BOF) to make some determinations
about the intervals between BOF meetings and report back to the
Legislature as to whether the public would be better served by
any changes.
3:48:35 PM
JIM MARCOTTE, Executive Director, Board of Fisheries, Juneau,
Alaska Department of Fish and Game, said he is available for
questions.
SENATOR OLSON asked if he anticipates that this legislation will
cause difficulty for new members to the Board of Fisheries.
MR. MARCOTTE replied he can't imagine that any of the new or
current members would object to having the discussion about the
efficacy of the three-year cycle.
CHAIR OLSON observed that the two appointees are a sport
fisherman and Brent Johnson a commercial fisherman and he
wonders if there will be any conflict related to this
legislation.
MR. MARCOTTE pointed out that the legislation doesn't favor any
particular area or group of fishermen. Any analysis of the
three-year cycle needs to take into account: impacts on people;
what is in the best interest of the resource; public
participation; the board process; and cost to the department to
hold the meetings on a particular cycle. Those kinds of
considerations don't favor one area or fishing group over
another.
3:51:05 PM
SENATOR THOMAS asked which members are being replaced and their
occupations or reasons for being on the Board of Fisheries.
MR. MARCOTTE answered the two members whose terms are expiring
in June include Bonnie Williams from Fairbanks and Karl
Johnstone from Anchorage. Mr. Johnstone was named as midterm
replacement for Jeremiah Campbell and the governor reappointed
him for a new three-year term that begins July 1. The nominee
for the other seat is Brent Johnson from Clam Gulch on the Kenai
Peninsula. If he is confirmed he will start his term on July 1.
All appointees have some kind of background in fisheries so he
would be hesitant to characterize any as being from one group or
another. All members serve at large so they aren't appointed
based on geography. By statute they are to represent interests
throughout the state and look out for the resource at large.
SENATOR THOMAS said with the thought that Board of Fisheries
members have no regional bias, what is the current mix.
MR. MARCOTTE relied he tries to avoid characterizing the
appointees and board members. Each appointee appears before
House and Senate fisheries and resources committees and those
hearings are used to fact find. Also, the public brings a lot of
information forward both in support and opposition to the
appointees.
3:55:43 PM
SENATOR KOOKESH expressed discomfort that Mr. Marcotte is being
put on the spot yet the bill talks about just two things: 1) a
recommendation about the interval between meeting dates and 2)
an evaluation of repetitive proposals.
CHAIR OLSON stated agreement.
SENATOR MENARD said she appreciated the discussion [when the
bill was introduced]. She is concerned about a longer cycle but
understands that the bill opens the discussion.
3:56:58 PM
JERRY MCCUNE, President, United Fishermen of Alaska said the
Board of Fisheries used to address all the proposals in one year
and then they changed to a three-year cycle because of the
workload. People seem to pay more attention now than in years
past and the three-year cycle creates a large workload on the
board and the department. He believes it would be good to have
the conversation.
SENATOR BUNDE said this is not a prescriptive piece of
legislation it simply provides opportunity for a discussion and
the Legislature would be the beneficiary of the advice. He's not
aware of any opposition.
CHAIR OLSON closed public testimony
SENATOR KOOKESH moved to report SB 137 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, SB 137 moved from the Senate Community and
Regional Affairs Standing Committee.
3:59:34 PM
There being nothing further to come before the committee, Chair
Olson adjourned the Senate Community and Regional Affairs
Standing Committee at 3:59 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB137 UFA Letter.pdf |
SCRA 4/9/2009 3:30:00 PM |
SB 137 |