Legislature(2005 - 2006)SENATE FINANCE 532
05/03/2006 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB441 | |
| HB307 | |
| HB218 | |
| HB420 | |
| HB484 | |
| HCR30 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 441 | TELECONFERENCED | |
| + | HB 307 | TELECONFERENCED | |
| + | HB 420 | TELECONFERENCED | |
| = | HB 218 | ||
| + | HB 484 | TELECONFERENCED | |
| + | HCR 30 | TELECONFERENCED | |
| + | TELECONFERENCED |
MINUTES
SENATE FINANCE COMMITTEE
May 3, 2006
9:13 a.m.
CALL TO ORDER
Co-Chair Lyda Green convened the meeting at approximately
9:13:13 AM.
PRESENT
Senator Lyda Green, Co-Chair
Senator Gary Wilken, Co-Chair
Senator Con Bunde, Vice Chair
Senator Fred Dyson
Senator Bert Stedman
Senator Lyman Hoffman
Senator Donny Olson
Also Attending: REPRESENTATIVE NORMAN ROKEBERG; REPRESENTATIVE
REGGIE JOULE; HEATHER NOBREGA, Staff to Representative Rokeberg;
SUSAN PARKES, Deputy Attorney General, Criminal Division,
Department of Law; BEN MULLIGAN, Staff to Representative Bill
Stoltze; IAN FISK, Staff to Representative Bill Thomas; LINDA
MILLER, Staff to Representative Peggy Wilson; FRANK HOMAN,
Commercial Fisheries Entry Commission; LINDA HALL, Director,
Division of Insurance, Department of Commerce, Community and
Economic Development;
Attending via Teleconference: From Anchorage: MIKE ERICKSON,
Alaska ATV Club; ERIC UHDE, Alaska Center for the Environment;
TODD CLARK, Alaska Outdoor Access Alliance; From an offnet
location: CARRIE GRAY-WOLFE; BRITT LIVELY, Butte Area Residents
Civic Organization; DICK MYLIUS, Acting Director, Division of
Mining, Land and Water, Department of Natural Resources; MARTY
FREEMAN, Forest Resources Program Manager, Division of Forestry,
Department of Natural Resources; GLEN JUDAY, Professor of
Forestry, School of Natural Resources, University of Alaska,
Fairbanks; BOB SWENSON, Acting Director, Division of Geological
and Geophysical Surveys, Department of Natural Resources; MARK
FOSTER, Registered Professional Engineer; From Mat-Su: CLIFF
JUDKINS, Alaska Boating Association; CECILY FRITZ, Knik River
Watershed Group; ROD ARNO, Executive Director, Alaska Outdoor
Council; LYNN WOODS, Assembly Member, Mat-Su Borough; GENE
KISSEE; From Sitka: PETER ESQUIRO, General Manager, Northern
Southeast Regional Aquaculture Association
SUMMARY INFORMATION
HB 441-THERAPEUTIC COURT FOR DUI
The Committee heard from the sponsor. An amendment was adopted
and the bill was reported from Committee.
HB 307-KNIK RIVER PUBLIC USE AREA
The Committee heard from the sponsor, user organizations, area
residents and other members of the public. The bill was held in
Committee.
HB 218-PRIVATE HATCHERY COST RECOVERY FISHERIES
The Committee heard from the sponsor and an industry
organization. Two amendments were adopted and the bill was
reported from Committee.
HB 420-FOREST RESOURCES & PRACTICES STANDARDS
The Committee heard from the Department of Natural Resources and
the bill was reported from Committee.
HB 484-FISHERY ASSOCIATION REIMBURSEMENT
The Committee heard from the sponsor and the Commercial
Fisheries Entry Commission. The bill was held in Committee.
HCR 30-AK CLIMATE IMPACT ASSESSMENT COMMISSION
The Committee heard from the sponsor, the Department of Natural
Resources, a scientific expert, and a professional engineer. An
amendment was adopted and the resolution was held in Committee.
9:13:36 AM
SENATE CS FOR CS FOR HOUSE BILL NO. 441(JUD)
"An Act relating to criminal sentencing; relating to
operating or driving a motor vehicle, aircraft, or
watercraft while under the influence; relating to court-
ordered treatment programs for certain offenders and
offenses; amending Rule 35, Alaska Rules of Criminal
Procedure; and providing for an effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
REPRESENTATIVE NORMAN ROKEBURG, sponsor of this bill,
characterized it as a compilation of the therapeutic court
program.
9:14:57 AM
Amendment #1: This amendment inserts "as defined in AS
28.35.028(h)" to AS 12.55.155(d)(17), amended in Section 1, on
page 1, line 11. The amended language reads as follows.
(17) except in the case of an offense defined by
AS 11.41 or AS 11.46.100, the [OR A] defendant [WHO] has
[PREVIOUSLY] been convicted of a class B or C felony, and
[THE DEFENDANT], at the time of sentencing, [IS ACTIVELY
PARTICIPATING IN OR] has successfully completed a court-
ordered [STATE-APPROVED] treatment program as defined in AS
28.35.028(h) that [IS RELEVANT TO THE OFFENSE AND THAT] was
begun after the offense was committed;
New Text Underlined [DELETED TEXT BRACKETED]
Co-Chair Green moved for adoption.
HEATHER NOBREGA, Staff to Representative Rokeberg, explained
this amendment provides a technical reference to the program
definition.
Without objection the amendment was ADOPTED.
9:15:56 AM
Senator Bunde assumed that the fiscal note indicating this
legislation would incur no additional cost to the State is based
on the premise that those participating in the therapeutic court
program would have otherwise been processed in the regular court
system.
9:16:28 AM
Representative Rokeberg clarified that the State would receive
an additional $669,000 in federal "highway funding", as a result
of passed legislation sponsored by Senator Bunde relating to
seatbelt use. This funding has been allocated to the
establishment of therapeutic courts located in Ketchikan and
Fairbanks, and to expand capacity of the Juneau program and
others in the state.
Representative Rokeberg spoke to the fiscal benefits of this
program. Outside consultants have testified to the legislature
about the one-to-ten ratio of savings for each dollar invested
in this program. The benefits of this program are reduced
recidivism and "actually rescuing people's lives."
9:18:43 AM
SUSAN PARKES, Deputy Attorney General, Criminal Division,
Department of Law, was available to respond to questions.
9:18:59 AM
Co-Chair Green asked the effect of this legislation; whether it
would expand the therapeutic court program, codify certain
practices, or have other impacts.
Representative Rokeberg replied that this bill conforms the
provisions of two separate statutes. The first statute pertains
to the initial pilot program addressing felony driving under the
influence (DUI) charges. The other statute was enacted making
the program permanent. The differing language in the two
statutes inadvertently created a two-tier system. This bill
would make the necessary technical changes for the program to be
consistent.
9:20:05 AM
Ms. Nobrega noted that the pilot program was established in
uncodified law.
9:20:30 AM
Co-Chair Green verified this legislation would make the program
consistent.
Representative Rokeberg affirmed.
Co-Chair Green asked if this legislation would have the effect
of increasing the number of offenders participating in the
therapeutic court system.
Representative Rokeberg answered it would not. He explained that
the Public Defenders Agency (PDA) and the prosecutor must agree
whether an offender could enter the program. This legislation
would ensure smoother operation of the program and that all
positions were funded.
9:22:05 AM
Co-Chair Wilken offered a motion to report CS HB 441 (FIN), as
amended, from Committee with individual recommendations and
accompanying fiscal notes.
There was no objection and SCS CS HB 441(FIN) was MOVED from
Committee with zero fiscal notes: #1 from the Department of
Administration, Office of Public Advocacy; #2 from the Alaska
Court System; #3 from the Department of Law; #4 from the
Department of Administration, PDA; #5 from the Department of
Corrections; #6 from the Department of Health and Social
Services; and #7 from the Department of Public Safety.
9:22:25 AM
CS FOR HOUSE BILL NO. 307(RES)
"An Act creating the Knik River Public Use Area."
This was the first hearing for this bill in the Senate Finance
Committee.
Co-Chair Green announced that the Committee was operating on a
limited time schedule. She directed those present at the Mat-Su
Legislative Information Office to select amongst themselves
three people to testify in support of this bill and three to
speak in opposition.
9:24:07 AM
BEN MULLIGAN, Staff to Representative Bill Stoltze, testified
that this bill was introduced the previous year to allow the
public an extended period in which to speak on the issue. Two
hearings were held at a school located near the affected public
use area and extensive public comments were given.
Mr. Mulligan explained that this legislation would establish a
public use area, which would enact specific guidelines for the
management of the area. Management would address fish and game
habitat, allowable uses and incompatible uses.
Mr. Mulligan noted the House Resources Committee amended the
bill to insert language pertaining to enforcement of the rules
established for the public use area by the Department of Natural
Resources.
9:25:33 AM
Senator Hoffman asked the number of acres and location of the
proposed public use area.
Mr. Mulligan responded the public use area would contain
approximately 262,000 acres.
Co-Chair Green stated the land is located in the "Butte area" of
the Matanuska and Susitna valleys.
Mr. Mulligan furthered the location is the valley to the east of
the butte area and the boundary would include a riverbed, the
mountains to the north, to the glacier, and to the edge of the
Chugiak State Park to the south.
9:26:15 AM
Senator Bunde noted the cost to establish and manage the public
use area is over one-half million dollars annually. User fees
have been considered to offset these costs at other State-owned
parks. He asked if user fees were considered for this site.
9:26:56 AM
Mr. Mulligan answered that user fees were not considered. Public
use areas are usually managed "openly for everyone to use". User
fees are normally established for State recreation areas to
restrict and regulate heavy use. The intent of this bill is to
allow for multiple uses in the public use area. Further
consideration of a user fee would be given by the Department of
Natural Resources in its management of the area if deemed
necessary.
9:27:22 AM
Co-Chair Green remarked that the amount of activity in this
region has increased to a "crisis level" with much of the use
from residents outside the local vicinity. The area is vast with
abandoned vehicles, discharge of firearms and other nuisances
resulting in enforcement and liability disputes. The intent of
this bill is to provide an emphasis on education of proper uses
rather than armed enforcement.
Co-Chair Green acknowledged a successful solution is unknown,
but that this represents an attempt to address the problems. She
would not oppose user fees and would support the inclusion of a
letter of intent by the Committee to direct the Department to
research the feasibility.
9:29:35 AM
Senator Bunde surmised the educational emphasis would be
somewhat feeble and that armed enforcement personnel would be
necessary. He understood the apprehension an official would have
in approaching a large party to inform the people were in
violation of the law. Those who do recreate in the area should
bear partial responsibility for the cost of management and
enforcement. He would draft a letter of intent for the
implementation of user fees.
Co-Chair Green asked if this issue had been discussed in other
committees hearing the bill.
Mr. Mulligan answered it had not. He would need to discuss the
matter with the bill's sponsor, Representative Stoltze before
offering a position.
Senator Bunde predicted the sponsor would support limited
government spending.
Co-Chair Green agreed a solution could be reached.
Mr. Mulligan pointed out that the area has no gateway or primary
access routes. The area is entered from many places along the
highway. A user fee system could require the construction of
parking lots and fee collection stations. This could create a
burden in collection and enforcement of fees.
9:31:58 AM
Co-Chair Green stated that a letter of intent could address
these concerns.
Co-Chair Green pointed out the fiscal note was updated to
provide funding for three positions to provide oversight of the
proposed public use area. The intent is to assure the area is
safe for residing and recreating.
9:33:06 AM
Senator Bunde shared that he had received a letter dated May 5,
2006, from the chair of the Knik River Watershed Group [copy on
file] expressing general support for the creation of the public
use area, but also voicing some concerns. Given some past
occurrences, the presence of one unarmed official would likely
be ineffective.
Co-Chair Green understood this group is actively working to
achieve a solution and to allow multiple uses of the area.
9:34:15 AM
Senator Olson asked the sponsor's view on the presence of an
unarmed enforcement officer confronting users in violation of
the law who themselves may be armed.
9:34:27 AM
Mr. Mulligan responded that the positions would not be
enforcement but rather area management. These officers would
have authority to issue citations. Department of Fish and Game
personnel have similar authority to issue citations for
noncompliance with hunting and fishing laws and regulations.
9:35:06 AM
Co-Chair Green understood provisions in this legislation would
allow the Department of Natural Resources to contract with other
agencies to perform these duties.
Mr. Mulligan affirmed the Department could contract the duties
to the Alaska State Troopers, Fish and Wildlife Protection, or
the Division of Parks within the agency.
Co-Chair Green commented that potential offenders would be
uncertain of which officials would be patrolling the area at a
given time. Users would be less aware of whether personnel with
enforcement authority in addition to citation authority could
confront them.
AT EASE 9:36:11 AM
9:39:33 AM
MIKE ERICKSON, Alaska ATV Club, testified via teleconference
from Anchorage that the organization conducts annual clean-up
events in the area. The Club's primary concern was that the area
would be closed to motorized vehicles, given the already limited
locations available. Most other areas open to off-road motorized
vehicle access are restricted to one trail. The Knik location
has many trails, which are mostly former timber and mining roads
and their use causes no environmental damage. It has been
featured in magazine articles and television programs as an all-
terrain vehicle (ATV) recreational area and tourist destination.
Mr. Erickson deemed it unfair to impose a fee for ATV users
simply for using a parking lot, while horseback riders would be
levied no fee.
9:44:20 AM
CARRIE GRAY-WOLFE testified via teleconference from an offnet
location in the Knik area, that this area is plagued with
excessive vandalism and other problems. The proposed funding
amount would be inadequate and an unarmed official would be
unable to address all the issues arising from 3,000 weekend
recreators. Environmentalists are not attempting to "lock up"
the area, but rather to ensure the environment and wildlife were
not adversely impacted. She supported the creation of a state
recreational area.
9:47:00 AM
BRITT LIVELY, Butte Area Residents Civic Organization, testified
via teleconference from an offnet location in Butte that
previous efforts to manage this area have been insufficient.
This legislation would help but would not fully address the
situation. She requested armed enforcement. She told of an
instance in which fire and rescue crew were unable to enter the
area to provide aid to injured child due to the vast shooting
ongoing. She supported a user fee structure, surmising that
recreators would be willing to pay a small amount and that the
local community would benefit from the revenue. Users should not
have the right to conduct any behavior that is not allowed
elsewhere.
9:52:24 AM
ERIC UHDE, Alaska Center for the Environment, testified via
teleconference from Anchorage, that the grass-roots conservation
organization makes efforts to protect recreation lands in
Alaska. Local residents must contend with excessive shooting,
vandalism and other problems. While the language of this bill is
strong, it does not provide for enforcement. Many situations are
too dangerous for one unarmed official to handle. He supported
the user fee proposal.
9:54:57 AM
TODD CLARK, Alaska Outdoor Access Alliance, testified via
teleconference from Anchorage that the Alliance represents
motorized vehicle recreators. Much of the use of the area is
with ATVs. While the Alliance does not represent the vandals and
other lawbreakers, it attempts to align users, clean up the area
and promote lawful behavior. This legislation would further
these efforts.
Mr. Clark stated that a user fee would be difficult to implement
given the multiple access points. This area deserves special
consideration.
9:59:11 AM
CLIFF JUDKINS, Alaska Boating Association, testified via
teleconference from Mat-Su that two years ago several motorized
vehicle organizations formed the Alaska Outdoor Access Alliance
to address efforts to restrict motorized use. Motorized users
are blamed for many things, including vandalism. The Alliance
cleans up areas. This area traditionally has had few non-
motorized users. Trash is a major problem in the area and group
tries to clean it up, but needs assistance. The additional
enforcement would be appreciated whether armed or not.
Mr. Judkins reported that the swan population has increased
four-to-five fold in the past several years. Boaters avoid them
and observe their activities. Salmon, sheep and other wildlife
are not harmed by the human presence.
10:03:10 AM
CECILY FRITZ, Knik River Watershed Group, testified via
teleconference from Mat-Su in appreciation of the additional
management oversight. This legislation could be successful and
she requested input from public safety officials on the
projected results. She supported the concept of user fees.
Ms. Fritz suggested adding a subparagraph to subsection (d) of
Sec. 41.23.200. Incompatible uses., added in Section 1 of the
bill on page 3, following line 12 to read as follows.
(2) as compatible with the purposes identified in
AS 41.23.180, the commissioner shall recognize existing
off-road motor vehicle trails and the access those trails
provide, and maximize off-road motor vehicle options and
general public recreation opportunities in the Knik River
Public Use Area."
Ms. Fritz stated this language would provide a better
compromise.
10:05:26 AM
ROD ARNO, Executive Director, Alaska Outdoor Council, testified
via teleconference from Mat-Su in support of the committee
substitute as written. The sponsors of this legislation would be
considered heroes for their efforts to establish this personal
use area for hunting, fishing and recreating. Vandals, arsonists
and drunks could be levied fines, but other uses should not be
assessed fees.
10:07:33 AM
CHARLOTTE SARTOR testified via teleconference from Mat-Su that
this legislation is good compromise. She requested a citizens
advisory group be established to provide input on the management
of the area. She appreciated the funding to increase oversight
to three positions but remained concerned that the officials
would be unarmed. From her home she regularly hears shooting and
motorized vehicles. She participates in many cleanup efforts.
She did not oppose user fees. She disputed the statement that
off-road vehicles are only used on logging and mining roads,
remarking that many new ATV trails have been "blazed". While
Alaska State Troopers would have the authority to patrol the
area, too few officers are stationed in the region and are
overworked.
10:10:12 AM
LYNN WOODS, Assembly Member, Mat-Su Borough, testified via
teleconference from Mat-Su, that she holds the seat representing
the Knik area. She supported an immediate management plan. A
dire need exists for sanitation and rest room facilities. Alaska
State Troopers are busy and have several competing demands on
their time. More officers are needed in the Borough.
10:11:43 AM
GENE KISSEE testified via teleconference from Mat-Su and
expressed concern that most uses of this area are motorized.
Fewer areas are available in the Anchorage area for motorized
recreation. Development has reduced the ability to backpack into
areas for camping necessitating off road vehicle use. He
acknowledged that a few users cause many problems and predicted
this legislation would address those issues.
10:13:14 AM
DICK MYLIUS, Acting Director, Division of Mining, Land and
Water, Department of Natural Resources, testified via
teleconference from an offnet location. He defined "public use
area" as an area retained for multiple public uses and not
disposed to private individuals or municipalities. This
legislation would require the Department to develop a management
plan for the area and would include a public process to do so.
The Department would be granted enforcement authority for
regulations it could adopt pertaining to lawful use of the area.
Mr. Mylius told of an existing regulation limiting overnight
camping in any one area to 14 days. Currently, the Department
has no authority to enforce this rule and officials must
photograph the campsite of a violator, submit the information to
the Attorney General who mails a notification of the infraction
to the offender. This legislation would permit a Department of
Natural Resources official to issue a citation on-site.
Mr. Mylius assured that the officials would not be armed or
trained for enforcement of regulations other than those of the
Department of Natural Resources. Education efforts would include
identifying private property boundaries, as many users are
unaware they are trespassing.
10:17:45 AM
Mr. Mulligan requested that Mr. Mylius address the user fee
proposal.
Mr. Mylius informed that the Division of Parks assesses fees for
campground use, but that the Division of Mining, Land and Water,
which would manage the proposed public use area has no structure
for such activities. Collecting fees in this area would be
difficult because of the many access points. If the State were
to later provide parking, campgrounds and other infrastructure,
a fee could be accessed. However, these fees rarely cover the
maintenance and operation costs.
10:19:29 AM
Senator Dyson asked how this bill was modified to have a
negative impact on ATV users as suggested in testimony.
10:19:49 AM
Mr. Mulligan explained that language in the House Resources
committee substitute before this Committee includes language
intended to maintain ATV use in the area while also addressing
habitat degradation. As an example of how this would be
implemented, he stated that if a trail crossed a stream or
otherwise harmed habitat, the Department would be responsible
for providing an alternative route. Such remediation would not
negatively impact ATV use, but rather ensure that activities
could continue.
10:20:59 AM
Senator Dyson understood from public testimony that the bill was
amended and that the original version was preferable.
10:21:15 AM
Mr. Mulligan stated that the original version would have
"grandfathered" all existing trails. The user organizations
reached consensus with the amended language.
10:21:44 AM
Co-Chair Green announced that a letter of intent relating to
user fees was being drafted.
10:21:51 AM
Senator Stedman clarified that the bill itself would contain no
requirement for user fees. He did not support the implementation
of user fees and intended to discuss the issue when the letter
of intent was brought forth for consideration.
Co-Chair Green commented that if revenues from the proposed fees
were used for no other purpose than cleaning up the area, she
would still support their implementation. Local residents are
not the primary users of the area; however, they are impacted.
The bill was HELD in Committee.
10:22:54 AM
AT EASE to 10:24:26 AM
SENATE CS FOR CS FOR HOUSE BILL NO. 218(RES)
"An Act relating to cost recovery fisheries for private
nonprofit hatchery facilities."
This was the second hearing for this bill in the Senate Finance
Committee.
IAN FISK, Staff to Representative Bill Thomas, noted the bill
was heard in this Committee then returned to the Senate body
with a recommendation for a Senate Resources Committee referral.
That Committee held hearings and amended the bill. The changes
improved the language and the sponsor maintains his support of
the legislation.
Mr. Fisk testified that hatcheries contract with a small number
of fishing vessels to harvest salmon returning to the site of
the hatchery. The revenue generated from these contracts is used
to offset maintenance and operation expenses. This legislation
would provide an alternative that would allow all permit holders
in the area access to this resource with 50 percent of the sale
of these fish paid to the hatcheries. The hatchery program would
remain financially user-supported.
10:26:36 AM
[Note Amendment #1 was not distributed]
Amendment #2: This amendment deletes "annually" and inserts "by
a majority vote of the membership of the hatchery permit
holder's board," to subsection (b) of Sec 16.10.455. Cost of
recovery fisheries., added in Section 1 of the committee
substitute on page 1, line 11. The amended language reads as
follows.
(b) A hatchery permit holder may by a majority vote of
the membership of the hatchery permit holder's board, elect
to harvest surplus salmon produced at a facility in a
terminal harvest area established for that facility through
the common property fishery. …
This amendment also inserts language following "area" in
subsection (b) on page 2, line 7 to read as follows.
Following adoption of regulations by the department, each
year before March 1, the hatchery permit holder's board, by
a majority vote of the board's membership, may determine
whether the hatchery will operate under the regulations
adopted under this subsection during the current calendar
year, and shall notify the department if the hatchery
intends to operate under the regulations adopted under this
subsection.
Senator Stedman moved for adoption and objected to provide an
explanation.
Senator Stedman stated this amendment clarifies that a majority
vote of the hatchery permit holder's board would be required to
implement this option.
Senator Stedman pointed out that this cost recovery methodology
is significantly different than the current funding mechanism
for the hatcheries and has different risks associated with it.
The provisions of this amendment would ensure that the board had
considered these risks and the anticipated recovery.
Senator Stedman removed his objection to the adoption of the
amendment.
There being no further objection the amendment was ADOPTED.
10:29:17 AM
PETER ESQUIRO, General Manager, Northern Southeast Regional
Aquaculture Association, testified via teleconference from Sitka
in appreciation of the adoption of the amendment, which
addresses concerns of the Association. He informed that the
Association meetings normally are held within the first ten days
of each March in accordance with the bylaws. The March 1
deadline to select this option would require the board to reach
a decision before the meetings. He requested that date be
changed to March 10.
10:30:59 AM
Amendment #3: This conceptual amendment changes the deadline in
which a determination must be made regarding this program from
March 1, as stipulated in Amendment #1, to March 10.
Senator Stedman moved for adoption.
The amendment was ADOPTED without objection.
10:31:29 AM
Co-Chair Wilken offered a motion to report SCS CS HB 218(RES),
as amended, from Committee with individual recommendations and
new fiscal notes.
There was no objection and SCS CS HB 218 (FIN) was MOVED from
Committee with zero fiscal notes from the Department of
Commerce, Community and Economic Development dated 4/3/06, the
Department of Fish and Game dated 4/4/06, and the Department of
Public Safety dated 4/6/06 and an indeterminate fiscal note from
the Department of Revenue dated 4/4/06.
10:31:46 AM
CS FOR HOUSE BILL NO. 420(FSH)
"An Act relating to riparian protection standards for
forest resources and practices; and providing for an
effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
MARTY FREEMAN, Forest Resources Program Manager, Division of
Forestry, Department of Natural Resources, testified via
teleconference from an offnet location reading a statement as
follows.
I was the co-chair of the Science and Technical Committee
and the Implementation Group that developed this bill, and
I serve as the Division's liaison to the Board of Forestry.
…
This is the third and last piece of an effort to review and
update the Riparian Management Standards, the standards for
forest management along streams throughout the state. We
previously completed reviews, which cumulated in amendments
to the Forestry Resources and Practices Act for Region I,
which is Coastal Alaska, in 1999 and for Region III,
Interior Alaska, in 2003.
This bill is focused just at Region II, Southcentral
Alaska. [Witness indicates location on a map, a copy of
which is on file.] This bill is designed to meet the goals
of the Forestry Resources and Practices Act to provide
adequate protection of fish habitat and water quality and
to support healthy timber and fishing industries.
It also helps to ensure that the Forestry [Resources and]
Practices Act continues to satisfy federal Clean Water Act
and Coastal Zone Management Act requirements so that it
provides one-stop shopping for the timber industry with
respect to State and federal non-point source pollution and
coastal management standards.
To develop this bill, we first worked with a science and
technical committee that recommended changes needed to
provide adequate protection for fish habitat and water
quality. Their recommendations were then reviewed by an
implementation group, which represented affected interests.
That group was charged with determining how to make the
scientists' recommendations work on the ground in a
practical way. That group's recommendations were
incorporated into this bill and reviewed with the Board of
Forestry.
This bill classifies water bodies that have anadromous or
high-value resident fish: those high value resident fish
populations that people are actually using and catching.
[Indiscernible] classifies those water bodies into four
types and it sets riparian management standards for each
type.
These standards are tailored to the specific conditions in
Region II. Compared to other areas, Region II has more
large dynamic rivers where they have shifting channels,
like the Susitna River and the Copper River - more of those
dynamic rivers in areas that are forested and could be
harvested. There are also lower timber volumes per acre
compared to either of the other regions and there is a
higher proportion of deciduous trees. These deciduous
trees, when they fall into a river and provide large woody
debris for fish habitat, don't last as long in the river.
They decay faster.
There is also a wider distribution of anadromous and high
value resident fish in Region II and a disproportionately
high-use of fish and value from that fishery, particularly
for sport fishing. For example, Region II is only about 11
percent of the land area in the state but it makes up 30 to
50 percent of the recreational fishing in the state.
The buffers that are recommended in this bill for the large
dynamic rivers are wider than the [indiscernible] standards
that we've been working under and narrower for the small
streams. There are many of these small streams; they're
often unnamed and unmapped, but there are many of them
throughout the forested area in Region II. There is similar
width for the other streams, which include stable rivers
and lakes.
This process was based on the best available scientific
information. It was open to the public and it involved a
wide range of interests: scientists, the timber and fishing
industries, Native corporations, municipalities, State
trust land managers, environmental interests, the Board of
Forestry and experienced field staff and State agencies. We
are pleased to report that this bill has broad support and
there is a zero fiscal note attached to the bill.
10:35:51 AM
Co-Chair Green asked the length of time taken in the process to
develop these recommendations.
Ms. Freeman replied that determination of the science findings,
the implementation group activities, and consideration by the
Board of Forestry took about two years to complete. The project
began with scientific review of all available information
relevant to the topic. This portion consisted of a significant
portion of the total time spent.
10:36:17 AM
Co-Chair Green asked if all parties generally reached agreement
on the provisions contained in this legislation.
Ms. Freeman answered in the affirmative.
10:37:25 AM
Senator Hoffman asked how the no harvest buffer zone of 300 feet
was determined.
Ms. Freeman clarified the no harvest zone is not actually that
distance. Large dynamic rivers would have a basis buffer zone of
150 feet with a provision for a wider zone in places with an
actively eroding bank. Stable rivers, smaller dynamic rivers and
lakes would have a no harvest buffer zone of 100 feet. Smaller
streams would have a 50-foot buffer zone.
10:37:52 AM
Senator Hoffman asked if the standards would be the same for
timber harvesting activities on private as well as public lands.
Ms. Freeman responded that in "this case" the standards would be
the same. Additional provisions would apply to a "special
management zone" on public lands. This would not apply to
private lands.
10:38:06 AM
Co-Chair Green asked where Senator Hoffman obtained information
indicating a 300-foot buffer zone requirement.
Senator Hoffman cited the sectional analysis provided by the
Department of Natural Resources [copy on file]. The explanation
of Section 3 of the bill reads as follows.
Section 3: AS 41.17.118 - State land. Section sets riparian
standards for state land along water bodies with anadromous
or high-value resident fish in Region II. The no-harvest
buffers would be the same as those set for private land. In
addition, on state land only, harvesting from the landward
boundary of the no-harvest buffer to 300 feet from the
water body may occur by must be consistent wit the
maintenance or enhancement of wildlife habitat.
10:38:33 AM
Ms. Freeman explained the 300-foot zone referenced in the
sectional analysis pertains to a special management zone
provided for in the Forest Resources and Practices Act and
unchanged in this legislation. Consideration must be given on
State-owned land for important wildlife habitat concerns as well
as fish habitat concerns. This legislation would clarify support
for habitat enhancement activities in these zones. It would not
classify the areas as a no-harvest zone.
10:39:12 AM
Co-Chair Green asked if this is addressed in the proposed
amendment to AS 41.17.118(a)(1)(B) contained in Section 3 of the
bill.
Ms. Freeman affirmed.
10:39:20 AM
Senator Stedman commented on the differences of terrain and
river patterns between the coastal regions of Southeast Alaska,
the areas including Anchorage and Palmer of Region II, and
Interior Alaska.
Co-Chair Green agreed the differences are interesting, if
laborious to decipher and understand. Qualifiers must vary for
each region and changing interests must be considered
periodically as well.
10:40:24 AM
Co-Chair Wilken offered a motion to report the bill from
Committee with individual recommendation and accompanying fiscal
note.
Without objection CS HB 420 (FSH) was MOVED from Committee with
a zero fiscal note #1 from the Department of Natural Resources.
10:40:41 AM
CS FOR HOUSE BILL NO. 484(FSH)
"An Act allowing for revenue received from issuance of
additional entry permits to be appropriated for
reimbursement to salmon fishery associations."
This was the first hearing for this bill in the Senate Finance
Committee.
Co-Chair Green announced that Representative Peggy Wilson,
sponsor of the bill, was called to the chambers of the House of
Representatives.
10:40:58 AM
LINDA MILLER, Staff to Representative Wilson, read the sponsor
statement into the record as follows.
In 2002, the Alaska legislature created salmon fishery
associations (AS 16.40.250) to encourage fleet reduction in
the Alaska salmon fisheries. Salmon fishery associations
may be formed in salmon fisheries throughout the state to
facilitate a permit buyback program.
CS HB 484 is a housekeeping measure to clarify what may
happen to the revenue if the Commercial Fisher[ies] Entry
Commission should decide to sell (re-issue) permits that
have been relinquished under the buyback program authorized
under AS 16.40.250.
The state (CFEC) has the responsibility to monitor each
limited entry fishery. CS HB 484 clarifies that in the
event the CFEC determines more permits are needed in the
same fishery in which the fleet reduction program was
implemented, either through an optimum number determination
or court action, the Association that paid or borrowed
money to remove the permit from the market in the first
place may have money returned to them if [a] permit is sold
(re-issued).
Under CS HB 484 a future Legislature may appropriate
revenue from the permit sale (re-issue) to the Association
that paid money or incurred debt to remove the permit from
the market in the first place.
10:44:01 AM
Co-Chair Green asked if this option would expire at a certain
date.
10:44:07 AM
Ms. Miller replied that the language of this legislation does
not stipulate an expiration date.
10:44:12 AM
Co-Chair Green was unsure if the State would be "inclined" to
appropriate funds for this purpose in the future.
10:44:31 AM
Senator Stedman reported the Senate Resources Committee
discussed this issue.
10:44:45 AM
FRANK HOMAN, Commercial Fisheries Entry Commission, testifying
in Juneau, characterized this bill as an insurance provision of
the Commission. It would only apply in the event that the
Commission in the future was to sell permits back into the
fishing industry. Revenue from those sales could be appropriated
by the legislature to the commercial fishing association that
had initially expended funds or incurred debt in the original
buyback of the permits.
Mr. Homan explained the proposed option does not include an
expiration date and that exercise of the option would be a one-
time occurrence. The possibility of such reissuing of permits is
unlikely. This legislation is necessary in the event a court
ruling found that a fishery was too exclusive and directed that
more permits be sold.
10:47:43 AM
Co-Chair Green ordered the bill HELD in Committee.
10:47:53 AM
CS FOR HOUSE CONCURRENT RESOLUTION NO. 30(FIN) am
Creating an Alaska Climate Impact Assessment Commission.
This was the first hearing for this bill in the Senate Finance
Committee.
REPRESENTATIVE REGGIE JOULE, sponsor of the resolution posed the
question of why an Alaska Climate Impact Assessment Commission
should be formed to consider the issue of climate changes. He
remarked on the reports of the changing weather patterns around
the globe and within the state. These changes have been
exemplified in changing ice conditions, melting sea ice,
permafrost reductions and glacial movements. Spruce bark beetle
infestations and other vegetation changes, lengthened wildfire
seasons, eroding shorelines that threaten villages, potential
impacts on wildlife and fish, as well as economic impacts on
existing infrastructure, including highways, oil and gas, and a
potential natural gas pipeline, are evidence of the impacts of
the changing climate.
Representative Joule stated that new technologies would be
required to construct infrastructure in the changing conditions,
which would impact resource development. Revisions of forestry
management practices could be necessary. Fish and wildlife
management may need to take into account changing habitat.
Representative Joule remarked, "We may need a blueprint of
possible changes to be able to adequately plan for the future."
Additionally, the costs must be understood to allow for a
proactive approach.
Representative Joule answered his earlier question, that a
commission is necessary for the aforementioned reasons.
Representative Joule noted the 11-member commission would be
comprised of Alaskan residents with four seats designated for
legislators.
10:51:17 AM
GLEN JUDAY, Professor of Forestry, School of Natural Resources,
University of Alaska, Fairbanks, testified via teleconference
from an offnet location on his own behalf. Using 30-year
averages as a standard, the temperature in Alaska is 2.5 to four
degrees warmer than the previous decade. The reasons for this
are being studied, although results to date support the theory
that global warming is the cause. Clear evidence of human
influences has been found; pattern changes of the last 50 years
could not be explained as natural processes alone.
Mr. Juday told of efforts underway to identify the impacts of
the global warming patterns. The ultimate result of all the
glaciers located in Alaska would be a change in mass of ice
equivalent to 50 feet of water moving from land to sea. The rate
of melting arctic sea ice set records each month during the past
winter. Lakes in Interior Alaska have been drying and permafrost
is warming and beginning to thaw in some areas. Several forest
fire records have been set.
Mr. Juday relayed that the scientific community is interested in
collaborating with policy makers and professional engineers in
Alaska to determine how the State should prepare for these
conditions.
10:56:00 AM
BOB SWENSON, Acting Director, Division of Geological and
Geophysical Surveys, Department of Natural Resources, testified
via teleconference from an offnet location that this resolution
is timely. Data shows a change in climate. The creation of the
proposed commission would allow Alaska to be proactive rather
than reactive to the impacts.
Mr. Swenson noted the resolution does not currently specify
participation of the Department. However, any recommendations of
the proposed commission could involve the Department and
therefore, a fiscal note in an indeterminate amount has been
submitted.
10:57:39 AM
MARK FOSTER, Registered Professional Engineer, testified via
teleconference from an offnet location in support of passage of
the resolution. As a business consultant, he is witnessing
impacts of the changing climate on the foundations of pipelines,
water and wastewater facilities. These issues should be
addressed and prepared for the future.
10:59:11 AM
Co-Chair Green indicated surprise at the interest in the
formation of this commission.
10:59:20 AM
LINDA HALL, Director, Division of Insurance, Department of
Commerce, Community and Economic Development, testified in
Juneau, that she has received feedback on the issue of global
warming from the regulatory insurance industry. A number of task
forces have been formed within the industry to address the
affects of climate change. Insurance companies are withdrawing
coverage in some areas because of the increased risk. Climate
change is impacting the availability of insurance.
11:01:02 AM
Co-Chair Green pointed out that the fiscal note estimates the
cost of implementing this legislation based on membership of 15
seats on the proposed task force. She understood that the House
Resources Committee would staff the meetings and asked if the
fiscal note could be reduced from $80,000 to $65,000 to reflect
an 11-member committee.
Representative Joule agreed to the reduction, as he was unsure
the exact amount that would be required. The initial amount was
calculated to fund at least four meetings.
11:02:07 AM
Amendment #1: This amendment inserts language on page 3,
following line 7 of the committee substitute to read as follows.
FURTHER RESOLVED that the task force shall select a
chairperson from among members of the legislature.
Senator Olson moved for adoption.
Co-Chair Green objected for an explanation.
Senator Olson stated this amendment would provide that a member
of the legislature serving on the proposed task force would hold
the chair position. Legislators would hold four seats.
Co-Chair Green withdrew her objection and the amendment was
ADOPTED without further objection.
11:03:01 AM
Co-Chair Green referenced language on page 3, lines 8 - 11,
which reads as follows.
FURTHER RESOLVED that the public members of the
commission may receive compensation for per diem or
reimbursement for travel and other expenses incurred in
serving on the commission; …
Co-Chair Green asked if this is standard language pertaining to
compensation of public members serving on State-sponsored boards
and commissions.
Co-Chair Wilken indicated it was.
11:03:37 AM
Co-Chair Wilken characterized this resolution as "feel good"
legislation. The legislature does not play a role in this issue.
The State already operates many boards and commissions. This
task force would incur considerable expense just to gather
parties together to reach an "obvious conclusion." Others are
already undertaking this effort, including universities. The
funds should be appropriated to those activities.
11:05:48 AM
Senator Bunde shared opposition to this resolution. He told of
his past servitude on a commission, which issued a report that
"sat on the Governor's shelf" and was never consulted and the
recommendations never implemented. Therefore, he questioned the
positive effectiveness of this task force. Instead results could
include restrictions against the construction of a natural gas
pipeline, use of automobiles, and increased insurance rates.
Support for those efforts should not be provided in this manner.
11:07:18 AM
Senator Stedman suggested Co-Chair Wilken and Representative
Joule work on an alternative.
11:07:40 AM
Representative Joule appreciated the comments. Co-Chair Wilken
was correct that many experts and organizations are studying
this issue and the impacts to the state. These professionals
could provide recommendations to guide the legislature in the
future. The intent is not to assign blame, but rather to
determine potential impacts for consideration by policy makers.
Compiled data would be more beneficial than sporadic independent
information.
11:09:36 AM
Senator Dyson had followed the debate on global warming and
climate changes. Although the long-term consequences were
debatable, the impact to the state is not. Tree lines on
mountains are higher and farther north than before. Temperatures
in the Bering Sea are two to four times warmer than ever
recorded previously. Structural failures are occurring in high
temperature permafrost areas.
Senator Dyson expressed he would support this resolution.
11:10:42 AM
Co-Chair Green ordered the resolution HELD in Committee to allow
an agreement to be reached.
ADJOURNMENT
Co-Chair Lyda Green adjourned the meeting at 11:10:51 AM
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