Legislature(2017 - 2018)BELTZ 105 (TSBldg)
03/07/2017 03:30 PM Senate COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB64 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 64 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
March 7, 2017
3:30 p.m.
MEMBERS PRESENT
Senator Click Bishop, Chair
Senator Anna MacKinnon
Senator Lyman Hoffman
Senator Bert Stedman
MEMBERS ABSENT
Senator Berta Gardner
COMMITTEE CALENDAR
SENATE BILL NO. 64
"An Act adopting the Uniform Environmental Covenants Act;
relating to environmental real property covenants and notices of
activity and use limitation at contaminated sites to ensure the
protection of human health, safety, and welfare, and the
environment; and providing for an effective date."
- MOVED SB 64 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 64
SHORT TITLE: UNIFORM ENVIRONMENTAL COVENANTS ACT
SPONSOR(s): SENATOR(s) MICCICHE
02/17/17 (S) READ THE FIRST TIME - REFERRALS
02/17/17 (S) CRA, L&C
02/28/17 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
02/28/17 (S) Heard & Held
02/28/17 (S) MINUTE(CRA)
03/07/17 (S) CRA AT 3:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
SENATOR MICCICHE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 64.
KRISTIN RYAN, Director
Division of Spill Prevention and Response
Department of Environmental Conservation (DEC)
Anchorage, Alaska
POSITION STATEMENT: Commented on SB 64.
JENNIFER CURRIE
Department of Law (DOL)
Civil Division
Environmental Section
Anchorage, Alaska
POSITION STATEMENT: Commented on SB 64.
ACTION NARRATIVE
3:30:50 PM
CHAIR CLICK BISHOP called the Senate Community and Regional
Affairs Standing Committee meeting to order at 3:30 p.m. Present
at the call to order were Senators Stedman, MacKinnon, Hoffman,
and Chair Bishop.
SB 64-UNIFORM ENVIRONMENTAL COVENANTS ACT
3:31:42 PM
CHAIR BISHOP announced consideration of SB 64. He said the
sponsor, Senator Micciche, gave a brief overview in the last
meeting. He also stated that he would leave public testimony
open.
3:32:30 PM
At ease
3:32:43 PM
CHAIR BISHOP said there is new information on SB 64 from the
U.S. Department of Defense (DOD).
3:33:12 PM
SENATOR PETER MICCICHE, sponsor of SB 64, Alaska State
Legislature Juneau, Alaska, said he read the DOD letter and
expected this response and would like to hear more specifics
from that agency. He didn't feel Alaska's land should be subject
to contamination without an answer from the federal government.
SB 64 holds them accountable for their contamination.
3:34:16 PM
KRISTIN RYAN, Director, Division of Spill Prevention and
Response, Department of Environmental Conservation (DEC),
Anchorage, Alaska, said that the U.S. Department of Defense has
the most contaminated sites in Alaska, but she did not expect
them to testify. Some of their restrictions last for 500 years.
The state has legitimate concerns that those restrictions run
with the land, because the assumption is that the lands will go
into other people's hands at some point. The Department of
Defense won't necessarily own the land for the entire 500 years.
In addition, she said the state is already doing environmental
restrictions on federal lands. All SB 64 does is communicate
those restrictions to future landowners. DEC has disagreements
with the DOD and other federal agencies about state sovereignty
and the ability to put restrictions on federal lands, and those
will continue with or without this legislation. However, she
asserted that they believe it is important to be able to
communicate those restrictions to future landowners.
MS. RYAN stated that the language the DOD particularly
recommends comes from similar legislation in the State of
Colorado to serve just this purpose, and they are complying. It
is working. So, she said they disagree with the DOD and think
the state can put restrictions on federal property, and other
states have done it successfully.
CHAIR BISHOP said his question was that the department believes
the state's efforts in this regard would likely qualify for
payment under the Defense/State Memorandum of Agreement (MOA)
and he wanted to know if it has an MOA now.
MS. RYAN answered yes and explained that when the state works on
contaminated sites DOD pays the state for that time now; and
that work will continue as it is right now. The bill will not
change the amount of work performed by the state on those sites.
3:37:36 PM
CHAIR BISHOP asked if either she or the Department of Law (DOL)
is concerned about the payments continuing under SB 64.
MS. RYAN said she did not have concerns that the state will
continue to be paid for work performed on federal sites; it's a
continuing negotiation every year. But the amount fluctuates
depending on the work they do and the amount of money that is
available to the DOD.
CHAIR BISHOP asked the Department of Law if she could defend the
state. "Does this lead you to pause?"
3:38:23 PM
JENNIFER CURRIE, Assistant Attorney General, Civil Division,
Environmental Section, Department of Law (DOL), Anchorage,
Alaska, answered this does not give her pause.
SENATOR MACKINNON asked Ms. Currie to comment on the amendments
DOD is proposing.
MS. CURRIE responded that the two specific amendments listed
purport to take the DOD out of the requirements for SB 64, and
she thinks that is not justified in the sense that all people
who contaminate state lands should be subject to the same rules.
These rules are for moving forward and making sure that
covenants and notices run with the land, which is important for
maintaining the list of contaminated sites in Alaska.
The letter also suggests changing references to the
Comprehensive Environmental Response Compensation and Liability
Act and the Resource Conservation and Recovery Act, and she had
not yet looked at the whether those changes are necessary. But
she was open to assuring those laws are referenced correctly.
SENATOR MACKINNON asked to make sure the legal references are
accurate.
3:40:39 PM
SENATOR MICCICHE said it is important to continue to defend the
integrity of Alaska's lands from the federal government that
often deals with Alaska "from both sides of the coin." Certain
federal agencies restrict commerce on a regular basis in the
state of Alaska through extremely stringent regulatory
requirements that have often squelched development. "All we are
asking the feds to do, and everyone else in this case, is to
maintain the integrity of our lands and to help us document
contaminated lands for the protection of future owners."
SENATOR MICCICHE said he sees this bill as a way to move forward
in the sense of commerce in Alaska; it protects the buyers and
the sellers, and in this case the federal government shouldn't
be any different. Further, he expected the letter and it won't
ever change, but it's imperative that the bill continue to move
through the process.
3:42:05 PM
At ease
3:42:50 PM
CHAIR BISHOP called the meeting back to order and asked Ms.
Currie if the DOD wants exemptions from the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA)
and Resource Conservation and Recovery Act (RCRA).
MS. CURRIE answered that they are saying that the state did not
refer to the two laws with the correct titles.
CHAIR BISHOP noted that it was just a technical amendment then.
MS. RYAN added that the reference to the CERCLA that the DOD
wants the state to make is to an older version that grants
immunity.
CHAIR BISHOP remarked that is why they are asking for it.
3:44:45 PM
CHAIR BISHOP said the bill has another committee of referral and
a couple of their questions would follow with the bill. He
closed public testimony.
3:44:52 PM
At ease
3:44:58 PM
CHAIR BISHOP called the meeting back to order.
SENATOR MACKINNON said she sees a zero fiscal note from DEC's
Division of Spill Prevention and Response on OMB component 3094.
But additional regulations will need to be adopted and the
department's existing budget won't cover those. She also noted a
zero fiscal note from the Department of Natural Resources' (DNR)
Division of Mining, Land, and Water for Fire Suppression for OMB
component 3002 with no regulations required.
SENATOR MACKINNON moved to report SB 64, version 30-LS0446\J,
from committee with individual recommendations and attached
fiscal note(s).
CHAIR BISHOP announced that without objection, SB 64 moved from
the Senate Community and Regional Affairs Standing Committee.
3:46:15 PM
CHAIR BISHOP adjourned the Senate Community and Regional Affairs
Standing Committee meeting at 3:46 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 64 Support Letters.pdf |
SCRA 3/7/2017 3:30:00 PM |
SB 64 |
| DoD REC 10 Comments on AK SB 64 UECA Bill.pdf |
SCRA 3/7/2017 3:30:00 PM |
SB 64 |