Legislature(2009 - 2010)BELTZ 211

04/09/2009 03:30 PM COMMUNITY & REGIONAL AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 156 ALLOWING CERTAIN LANDFILL FEE WAIVERS TELECONFERENCED
Moved HB 156 Out of Committee
+= SB 137 REPORT ON MEETINGS OF BOARD OF FISHERIES TELECONFERENCED
Moved SB 137 Out of Committee
Bills Previously Heard/Scheduled
                    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