Legislature(1993 - 1994)
04/19/1994 09:03 AM Senate CRA
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE COMMUNITY & REGIONAL AFFAIRS COMMITTEE
April 19, 1994
9:03 a.m.
MEMBERS PRESENT
Senator Randy Phillips, Chairman
Senator Robin Taylor, Vice Chairman
Senator Loren Leman
Senator Al Adams
Senator Fred Zharoff
MEMBERS ABSENT
All Members Present
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 543(STA)
"An Act relating to unvented gas space heaters in residential
buildings."
HOUSE BILL NO. 259 (title am)
"An Act relating to general grant land entitlements for the Lake
and Peninsula Borough; and providing for an effective date."
SENATE BILL NO. 375
"An Act relating to general grant land entitlements."
PREVIOUS SENATE COMMITTEE ACTION
HB 543 - No previous action to record.
HB 259 - No previous action to record.
SB 375 - No previous action to record.
WITNESS REGISTER
Joseph Easaw, Staff to Representative Al Vezey
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offered information on HB 543
Keith Kettler
Kettler Enterprises
2333 Judson St.
Longmont, CO 80501-1040
POSITION STATEMENT: Testified in support of HB 543
Ms. Dani Nowell
Anchorage, AK
Phone No. (907) 344-0700
POSITION STATEMENT: Questions on HB 543
Karen Brand, Staff to Representative Carl Moses
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offered information on HB 259
Jeff Parker
1201 Hyder
Anchorage, AK 99502
POSITION STATEMENT: Testified in opposition to passage
of HB 259
Alice Ruby
Box 330
Dillingham, AK 99576
POSITION STATEMENT: Opposed to HB 259
Terry Hoefferle
Box 310
Dillingham, AK 99576
POSITION STATEMENT: HB 259 needs more public comment
Angela Gerken
Ted Gerken
Iliaska Lodge
P.O. Box 228
Iliamna, AK 99606
POSITION STATEMENT: Testified in opposition to HB 259
Keith Harsh
HC01 Box 12430
Kenai, AK 99611
POSITION STATEMENT: Has concerns with HB 259
Jerry Liboff
Box 646
Dillingham, AK 99576
POSITION STATEMENT: Urged delaying passage of HB 259
Sylvia Cassidy
Homer, AK
POSITION STATEMENT: Opposes HB 259
Ron Swanson, Director
Division of Land
Department of Natural Resources
P.O. Box 107005
Anchorage, AK 99510-7005
POSITION STATEMENT: Offered information on HB 259
Frank Rue, Director
Habitat & Restoration Division
Department of Fish & Game
P.O. Box 255256
Juneau, AK 99802-5526
POSITION STATEMENT: Offered information on HB 259
Bruce Geraghty, Deputy Commissioner
Department of Community & Regional Affairs
Box 112100
Juneau, AK 99811-2100
POSITION STATEMENT: Testified in support of HB 259
Larmar Cotten
Lake & Peninsula Borough
P.O. Box 495
King Salmon, AK 99613
POSITION STATEMENT: Offered information in support of HB 259
ACTION NARRATIVE
TAPE 94-29, SIDE A
Number 001
The Senate Community & Regional Affairs Committee was called to
order by Chairman Randy Phillips at 9:03 a.m. He introduced CSHB
543(STA) (UNVENTED GAS HEATERS IN RESIDENTIAL BLDGS) as the first
order of business.
JOSEPH EASAW, staff to Representative Al Vezey, explained the
legislation allows the use of unvented gas-fired room heaters in
residential dwellings in the State of Alaska. It mandates that
these heaters must meet the requirements of the American National
Standards Institute (ANSI), Z21.11.2.
Unvented gas-fired room heaters have been in existence for more
than 30 years in Europe, and there are more than two million of
them in use in the United States since 1981 without any instances
of fatalities attributable to unvented gas heaters manufactured for
indoor use. He noted that the Consumer Product Safety Commission
has said that unvented gas heaters are six times safer than vented
gas heaters.
Benefits of using unvented gas heaters are: (1) they are cheaper
to use than heating fuel and electricity; and (2) they are nearly
100 percent efficient.
Mr. Easaw pointed out that carbon monoxide produced by vent free
gas heaters is about one fourth of that produced by gas cook
stoves.
Number 115
KEITH KETTLER of Kettler Enterprises, testifying from Longmont
Colorado, related there are 18 manufacturers of vent-free
fireplaces and, additionally, there are approximately a dozen or
more who make only the invented heaters. These appliances are
approved by every building code used in the United States except
the Uniform Mechanical Code (UMC) that is used in Alaska. He noted
that in many areas where the UMC is used, building officials have
approved these appliances as alternate material. He then outlined
the safety standards required in the manufacturing of these
appliances.
Mr. Kettler concluded that a vent-free heater is an appliance that
has an established track record, a prudent safety record, and is
the most efficient option on the market in the United States today.
Number 197
MS. DANI NOWELL, testifying from Anchorage, said the bill
legislation speaks to "unvented gas heaters" and if this is
addressing just room heaters, it should specify that it is strictly
a room gas heater, not unvented gas heaters because that would
incorporate many different types. KEITH KETTLER responded that
the verbiage in the bill makes it very clear that the standard is
the gas-fired room heater.
Number 225
SENATOR TAYLOR asked Mr. Kettler what the significant difference
was between the type of heater that Ms. Nowell referred to and the
type of heater that he is promoting. KEITH KETTLER answered that
he has never heard of any vent-free heater or unvented heater that
is other than a room heater. He added there is only one ANSI
standard (Z21.11.2) that he is aware of for gas-fired room heaters.
The ANSI standard limits the size of these heaters to 40,000 BTUs,
so the legislation is not talking about a furnace system for a
whole house. That is not the intent of the bill, nor would those
be allowed under the Z21.11.2 standard.
Number 275
There being no further witnesses to testify on HB 543, SENATOR
RANDY PHILLIPS stated the bill would be back before the committee
at its next meeting for more public testimony.
Number 300
SENATOR RANDY PHILLIPS brought HB 259 (title am) (LAND GRANT FOR
LAKE & PENINSULA BOROUGH) before the committee as the next order of
business.
KAREN BRAND, staff to Representative Carl Moses, explained the
legislation statutorily authorizes 187,000 acres as an entitlement
for the Lake and Peninsula Borough (LPB), and it gives the LPB
until October 1, 1996 to select those lands. The 187,000 acre
figure represents a little less than three percent of the total
state lands within the borough.
The borough assembly and planning commission have developed a
comprehensive borough plan and have identified certain lands of
interest to them. Since there is very little land available from
Vacant, Unappropriated, and Unreserved (VUU) inventories, and
because other state lands would need reclassification before
issuance of grant land to the LPB, pursuing entitlements through
the formula in AS 29.65.030 would delay the certification process
for the LPB.
Ms. Brand said the formula in Title 29 that determines land
entitlements for newly formed boroughs has not been an effective
tool for the department in calculating that number. DNR has
instead encouraged boroughs to work with their planning commissions
and then come to the department and work with them in either
reclassifying the lands and reconveying them or selecting other
lands.
HB 259 would raise the priority for processing grant land
entitlements for the LPB, and it does not apply to any other
boroughs or municipalities.
Number 348
SENATOR RANDY PHILLIPS announced that testimony on HB 259 would be
taken over the teleconference network.
JEFF PARKER, representing the Anchorage Fish & Game Advisory
Committee and testifying from Anchorage, urged that HB 259 be held
in committee for additional hearings, and he also suggested it be
referred to the Senate Resources Committee. He advised that he
would be submitting a petition of 430 signatures opposing HB 259.
Their primary concern is that there are many types of changes
coming at the Bristol Bay drainages, not only from the LPB
interests, but also from a prospective new borough, the university
lands bill, the Mental Health Lands settlement, etc. They believe
the public should have the opportunity to see what the final land
ownership pattern is going to look like when these various entities
settle upon their lands. HB 259 is like piecemeal decision making
as to what the final land ownership pattern is going to be.
Number 413
ALICE RUBY, a council member for the City of Dillingham testifying
on behalf of the Bristol Bay CRSA Board from Dillingham, stated
opposition to HB 259. They just recently became aware of the
legislation, as well as some of the other tracts the LPB has
identified for selection. She said it takes time to get the word
out to the villages in their area so that they have the opportunity
to understand the issues surrounding the bill and to make their
concerns known to the Legislature. She voiced concern that
language in the bill provides the LPB with a great deal of
selectable acreage. She requested the committee delay passage of
the legislation so that more information can be provided to the
committee, and to have other agencies address the committee about
other concerns in the region.
Number 460
TERRY HOEFFERLE, an executive officer for the Bristol Bay Native
Association testifying from Dillingham, said the association has as
members approximately 90 percent of the 1,700 people that reside in
the Lake and Peninsula Borough. He said he was asked to testify by
a Native allotment holder who has a Native allotment within the
boundaries of the Lake and Peninsula Borough. The individual was
alarmed to find out that this particular piece of legislation even
existed, and is concerned about the possible impact that it might
have upon the future value and his continued use and enjoyment of
his Native allotment. He pointed out that there are over 466 of
such Native allotment parcels within the LPB. Mr. Hoefferle
requested that the bill be held over until another legislative
session, and that the LPB be encouraged to hold public hearings
informing various interested members of their community about the
purpose and intent of the bill.
Number 497
ANGELA GERKEN, representing Iliaska Lodge and testifying from
Homer, voiced her concern that the LPB plans to lease lands for new
lodges and development. She noted the Lake and Peninsula Borough
started out as a school district, and in the last five years they
have pushed to become more than that, and the land grant issue
would give them a huge power base. She suggested that the
legislation needs to be looked at closely to see if it will benefit
the residents of the borough.
Number 535
TED GERKEN, owner and operator of the Iliaska Lodge at Lake Iliamna
for 18 years, stated the land grant to the LPB looks like one of
the largest land grants attempted in the State of Alaska by a
borough that has been in existence for a few years, and he added
they really don't even need a borough there. They spend a lot of
money in taxes to maintain the operation of the borough and they
receive absolutely no benefits. He said there are already too many
lodges in the area, and, if the LPB wants to lease out more land to
put in more lodges, everybody is going to lose by this effort
because there is limit to the resource that they are fishing for.
There needs to be a reasonable balance.
Number 555
KEITH HARSH, a concerned citizen testifying from Kenai, agreed with
comments by the previous speakers and also voiced concern that the
general public has not been aware of the existence of HB 259.
Number 565
JERRY LIBOFF, Vice Chair of the Bristol Bay CRSA Board, testifying
from Dillingham, also urged delaying passage of HB 259 and to give
more opportunity for public hearings, specifically in the villages
in the borough that will be impacted by this decision. He said no
one in any of these villages had any idea that this was being
proposed.
Number 580
SENATOR TAYLOR asked how much privately owned ANSCA land exists in
and around the area being discussed. JERRY LIBOFF answered that he
would guess there is probably close to 500,000 acres of corporation
land.
TAPE 94-29, SIDE B
Number 012
SYLVIA CASSIDY of Homer and representing the Alaska Environmental
Lobby, stated the Alaska Environmental Lobby has two major concerns
about the consequences of HB 259: (1) it is an excessively large
land grant and it would be a precedent for other boroughs that
incorporate in the future; the LPB request is disproportionate to
entitlements received by other boroughs on a per capita basis; and
(2) the state should retain control of and protect unique
irreplaceable resources when it is in the best interest of the
state and the public to do so. The LPB land selections are very
high public interest land with most of the parcels identified being
classified as wildlife habitat and wildlife habitat is not
available for borough selection under current regulations. Ms.
Cassidy said the Environmental Lobby would be more comfortable if
HB 259 were amended to prohibit boroughs from receiving any lands
identified as important fish and wildlife habitat and/or important
public resource lands. However, their organization is opposed to
excessive transfer of land to a borough, excessive in terms of what
has been done with other boroughs which is basically 10 percent of
VUU lands.
Number 133
RON SWANSON, Director, Division of Land, Department of Natural
Resources, said he has worked with municipalities and boroughs for
several years in trying to figure out what the best way to come up
with entitlement is. The straight formula of 10 percent Vacant,
Unappropriated and Unreserved is probably not fair for every
particular borough.
LPB approached Mr. Swanson for a way to figure out what their
entitlement should be, and he told them that under the current
statute it would be 11,000 acres. The borough originally
identified about 200,000 acres they wanted to select, the
Department of Natural Resources and the Department of Fish & Game
reviewed the selections, and the departments concur with about
100,000 to 125,000 acres of those selections, but they have
concerns with the rest.
Mr. Swanson said he has never been able to find a formula that
works for every municipality. Further, he knows that this is a
very political process, but he thinks it is one that should be more
open to the public where they can work with their local
municipality and the state to figure out what type of land and for
what purposes it could be used. He added that the selections made
by the LPB are definitely economic related, mainly recreational
parcels of land and some mineral potential lands where they could
raise revenue down the road.
Number 162
SENATOR ADAMS asked Mr. Swanson if he was advancing the concept of
legislation for each borough with the allocated amount of whatever
land the Legislature feels it should give each one rather than
having 10 percent of VUUs as proposed in SB 375. RON SWANSON
acknowledged that was correct. He believes it is much better for
the state, for the administration, and the local municipality to
come in and present their case and let the Legislature set the
policy for what they feel the entitlement should be and for what
type of purposes.
Number 175
Responding to a question from Senator Taylor concerning wildlife
habitat, Mr. Swanson clarified under the definition of "Vacant,
Unappropriated, Unreserved" in statute, wildlife habitat would not
be considered as part of figuring the formula, although
municipalities can select wildlife habitat land and would then go
through a public process to see if it's appropriate to change the
classification. He said that is exactly what would have to happen
with the Lake and Penn Borough.
Number 210
SENATOR RANDY PHILLIPS asked if the Department of Natural Resources
has a position on HB 259 and Mr. Swanson answered that they support
the bill in concept, but leave it up to the Legislature to figure
out what the entitlement should be.
Number 225
FRANK RUE, Director, Habitat & Restoration Division, Department of
Fish and Game, said, basically, the issue of whether this is the
appropriate number of acres is a concern the department would have,
but they leave it up to the Legislature to decide what is fair in
looking at all of the other boroughs.
He expressed the department's appreciation for the willingness of
the LPB to discuss the lands they would be interested in once they
got an entitlement. The areas of concern to the department have
been along the Mulchatna River and Talarik Creek. There concern
has been that those two areas remain in state ownership for public
use, commercial recreation, public recreation and public use
subsistence.
Mr. Rue related that Fish and Game has been working with DNR and
borough to define lands which meet the needs of the borough. He
said it is important that the process for selecting the actual
lands be the one that is laid out now in statute: DNR will go back
out to the communities once an entitlement is established and work
with the borough and the local communities to figure which lands
are actually going to be selected, and the public would have the
opportunity to comment on any changes.
Mr. Rue briefly discussed the department's concern with the
selection of land along the entire Mulchatna River corridor.
Number 350
SENATOR LEMAN requested that the committee be provided with a map
identifying these lands, the conflict areas, and what is suggested
for appropriation.
Number 365
BRUCE GERAGHTY, Deputy Commissioner, Department of Community &
Regional Affairs, stated the department's support for HB 259, as
well as the approach to providing entitlements to new boroughs in
this manner. Many of DNR's land planning processes occurred prior
to the formation of boroughs, and this has restricted the
availability of land to municipalities, boroughs in particular, to
generate revenues which provide services to the residents of that
area. DCRA believes that local governments often serve the people
more adequately than does a government at a distance.
Number 386
SENATOR ZHAROFF asked if this process of municipal land selection
would it have priority over Mental Health Lands. RON SWANSON
answered that the Mental Health legislation, which is currently
pending in both houses, has a designated land list. So, if that
legislation passes, they will know what the Mental Health Lands
will be.
Number 460
LAMAR COTTEN, representing the Lake and Peninsula Borough,
explained to the committee the two-year planning process the
borough conducted in selecting the 187,000 acres of land. One of
the chief components of the planning process was trying to look
ahead to where they were going to fund programs that are, for the
most part, subsidized or paid for by the State of Alaska. Through
that process they identified lands and narrowed it down to the
187,000 acres.
Mr. Cotten said the borough's discussion to date has been that the
principal use of the land would be for commercial recreation since
that is the most likely buyer or user of the property. The LPB
has agreed to public access to the property that they would own;
they would allow for shoreline easements, etc.
Mr. Cotten said there has been a lot of public input by the
residents of the borough, and the borough has responded to some of
their concerns.
Speaking to a dispute that villages north of Lake and Penn had with
the LPB when it was first organized, Mr. Cotten said the LPB has no
interest in selecting any lands in that area until that court case
is resolved.
Mr. Cotten pointed out that even if this legislation passes, the
borough, along with DNR, has to go through a series of public
hearings for any land that they select, so the public has not been,
nor will it be left out in the process.
Concluding his comments, Mr. Cotten said he believes HB 259 is a
good piece of legislation, not only for the Lake and Penn Borough,
but that it sets a good precedent for future boroughs.
TAPE 94-30, SIDE A
Number 001
Mr. Cotten responded to several questions from witnesses relating
to the public hearing process; studies of prospective new lodge
sites; and public access along anadromous waterways.
SENATOR RANDY PHILLIPS closed the public hearing on HB 259 and
stated it would be back before the committee at its next meeting on
Thursday, April 21.
It was announced that SB 375 (GENERAL GRANT LAND ENTITLEMENTS)
would be held over until the committee's next meeting on Thursday,
April 21.
There being no further business to come before the committee, the
meeting was adjourned at 10:55 a.m.
| Document Name | Date/Time | Subjects |
|---|