Legislature(2021 - 2022)SENATE FINANCE 532

04/25/2022 09:00 AM Senate FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 102 STATE INSUR. CATASTROPHE RESERVE ACCT. TELECONFERENCED
Moved SCS HB 102 Out of Committee
+= SB 121 PFAS USE & REMEDIATION; FIRE/WATER SAFETY TELECONFERENCED
Heard & Held
+ HB 155 COURT SYSTEM PROVIDE VISITORS & EXPERTS TELECONFERENCED
Heard & Held
-- Invited & Public Testimony <Time Limit May
Be Set> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                 SENATE FINANCE COMMITTEE                                                                                       
                      April 25, 2022                                                                                            
                         9:04 a.m.                                                                                              
                                                                                                                                
                                                                                                                                
9:04:05 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Bishop called the  Senate Finance Committee meeting                                                                    
to order at 9:04 a.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Click Bishop, Co-Chair                                                                                                  
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Lyman Hoffman                                                                                                           
Senator Donny Olson                                                                                                             
Senator Natasha von Imhof                                                                                                       
Senator David Wilson                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Erin  Shine, Staff,  Senator  Click  Bishop; Leslie  Isaacs,                                                                    
Administrative     Service    Director,     Department    of                                                                    
Administration, Office  of Management and Budget,  Office of                                                                    
the  Governor; Tiffany  Larson,  Director, Spill  Prevention                                                                    
and  Response,  Department  of  Environmental  Conservation;                                                                    
Randall Bates, Director, Division  of Habitat, Department of                                                                    
Fish and Game;  Christina Carpenter, Director, Environmental                                                                    
Health,  Department  of  Environmental  Conservation;  Jason                                                                    
Olds,  Air  Quality  Division, Department  of  Environmental                                                                    
Conservation; John  Binder, Deputy  Commissioner, Department                                                                    
of  Transportation  and  Public  Facilities;  Representative                                                                    
Chris  Tuck, Sponsor;  Doug Wooliver,  Deputy Administrative                                                                    
Director,  Alaska   Court  System;  Michael   Mason,  Staff,                                                                    
Representative Tuck.                                                                                                            
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
James   Stinson,  Director,   Office  of   Public  Advocacy,                                                                    
Department of Administration.                                                                                                   
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 121    PFAS USE & REMEDIATION; FIRE/WATER SAFETY                                                                             
                                                                                                                                
          SB 121 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
HB 102    STATE INSUR. CATASTROPHE RESERVE ACCT.                                                                                
                                                                                                                                
          SCS  HB 102(FIN)  was  REPORTED  out of  committee                                                                    
          with four  "do pass" recommendations and  with two                                                                    
          "no recommendation" recommendations,  and with one                                                                    
          new  fiscal impact  note  from  the Department  of                                                                    
          Administration.                                                                                                       
                                                                                                                                
HB 155    COURT SYSTEM PROVIDE VISITORS & EXPERTS                                                                               
                                                                                                                                
          HB 155 was HEARD and HELD in committee for                                                                            
          further consideration.                                                                                                
                                                                                                                                
HOUSE BILL NO. 102                                                                                                            
                                                                                                                                
     "An Act relating to the state insurance catastrophe                                                                        
     reserve account; and providing for an effective date."                                                                     
                                                                                                                                
9:04:38 AM                                                                                                                    
                                                                                                                                
Co-Chair Bishop relayed that it was the second hearing for                                                                      
HB 102.                                                                                                                         
                                                                                                                                
Co-Chair Stedman MOVED to ADOPT proposed committee                                                                              
substitute for HB 102, Work Draft 32-GH1689\B (Marx,                                                                            
4/22/22).                                                                                                                       
                                                                                                                                
Co-Chair Bishop OBJECTED for discussion.                                                                                        
                                                                                                                                
9:05:09 AM                                                                                                                    
                                                                                                                                
ERIN SHINE, STAFF, SENATOR CLICK  BISHOP, explained that the                                                                    
only alteration  proposed in  the committee  substitute (CS)                                                                    
was the change  of the effective date from June  30, 2021 to                                                                    
June 30, 2022.                                                                                                                  
                                                                                                                                
9:06:01 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:06:18 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
LESLIE ISAACS,  ADMINISTRATIVE SERVICE  DIRECTOR, DEPARTMENT                                                                    
OF ADMINISTRATION,  OFFICE OF MANAGEMENT AND  BUDGET, OFFICE                                                                    
OF  THE GOVERNOR,  explained that  HB 102  would adjust  the                                                                    
upper limit  of the  catastrophic reserve account  fund from                                                                    
$5  million to  $50 million.  He noted  that the  bill would                                                                    
allow  the legislature  to self-insure  the property,  which                                                                    
had been previously discussed. He  added that there had been                                                                    
a question  about the involvement  of the  Federal Emergency                                                                    
Management Agency (FEMA) in a  previous hearing and reported                                                                    
that there needed  to be either a state  or federal disaster                                                                    
declaration in order for FEMA to be involved.                                                                                   
                                                                                                                                
Co-Chair Bishop  affirmed that the  question had  been asked                                                                    
in  the   prior  week  and   thanked  Mr.  Issacs   for  the                                                                    
clarification.                                                                                                                  
                                                                                                                                
Co-Chair Bishop  presented the fiscal  impact note  from the                                                                    
Department  of Administration  (DOA) with  OMB component  71                                                                    
and control code  RwdhS. He relayed there seemed to  be a $3                                                                    
million savings in FY 23 and  FY 24, a $5 million savings in                                                                    
FY 25, and a $6 million savings in FY 26 through FY 28.                                                                         
                                                                                                                                
9:08:01 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman MOVED  to REPORT  SCS HB  102(FIN) out  of                                                                    
Committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal  note. There being NO  OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
SCS HB 102(FIN) was REPORTED  out of committee with four "do                                                                    
pass"  recommendations  and  with  two  "no  recommendation"                                                                    
recommendations, and  with one new  fiscal impact  note from                                                                    
the Department of Administration.                                                                                               
                                                                                                                                
9:08:22 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:10:15 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
SENATE BILL NO. 121                                                                                                           
                                                                                                                                
     "An   Act   relating   to   pollutants;   relating   to                                                                    
     perfluoroalkyl    and    polyfluoroalkyl    substances;                                                                    
     relating   to  the   duties   of   the  Department   of                                                                    
     Environmental  Conservation;  relating to  firefighting                                                                    
     substances;   relating   to  thermal   remediation   of                                                                    
     perfluoroalkyl     and    polyfluoroalkyl     substance                                                                    
     contamination; and providing for an effective date."                                                                       
                                                                                                                                
9:10:16 AM                                                                                                                    
                                                                                                                                
Co-Chair Bishop  relayed that it  was the third  hearing for                                                                    
SB 121. The intention of  the committee was to hear comments                                                                    
from the Department of  Environmental Conservation (DEC) and                                                                    
cover the fiscal notes for the bill.                                                                                            
                                                                                                                                
Co-Chair  Bishop  asked  for  confirmation  that  there  was                                                                    
currently no  mechanism by which  DEC could  accept, handle,                                                                    
or expose  any amount of perfluoroalkyl  and polyfluoroalkyl                                                                    
substances (PFAS).                                                                                                              
                                                                                                                                
9:11:39 AM                                                                                                                    
                                                                                                                                
TIFFANY  LARSON, DIRECTOR,  SPILL  PREVENTION AND  RESPONSE,                                                                    
DEPARTMENT  OF  ENVIRONMENTAL CONSERVATION,  confirmed  that                                                                    
there was no currently established infrastructure.                                                                              
                                                                                                                                
Co-Chair Bishop  presented a hypothetical scenario  in which                                                                    
DEC  obtained  funding  for the  Resource  Conservation  and                                                                    
Recovery Act  (RCRA) or for  Section 404 of the  Clean Water                                                                    
Act (CWA). He  asked if DEC would be able  to accept PFAS if                                                                    
it received RCRA funding as  well as a Subpart C designation                                                                    
[under  federal  Title  40, Subpart  C:  Characteristics  of                                                                    
Hazardous Waste].                                                                                                               
                                                                                                                                
9:12:53 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:13:14 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
RANDALL BATES, DIRECTOR, DIVISION  OF HABITAT, DEPARTMENT OF                                                                    
FISH AND  GAME, expressed  that he would  like to  defer the                                                                    
question about RCRA.                                                                                                            
                                                                                                                                
CHRISTINA   CARPENTER,   DIRECTOR,   ENVIRONMENTAL   HEALTH,                                                                    
DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION, asked  for  Co-                                                                    
Chair Bishop to repeat his question.                                                                                            
                                                                                                                                
Co-Chair Bishop repeated his question.                                                                                          
                                                                                                                                
Ms.  Carpenter replied  that  she would  like  to provide  a                                                                    
thorough  response to  the committee  at a  later date.  She                                                                    
explained  that  RCRA  ensured   that  hazardous  waste  was                                                                    
disposed of  properly. There  was no  current infrastructure                                                                    
to accept  Aqueous Film-Forming Foam Concentrates  (AFFF) if                                                                    
it contained PFAS.                                                                                                              
                                                                                                                                
9:16:06 AM                                                                                                                    
                                                                                                                                
Co-Chair Bishop  asked Ms. Carpenter to  research the matter                                                                    
to  provide  an  accurate  response   to  his  question.  He                                                                    
suggested  that  if  the  department   was  given  the  RCRA                                                                    
designation, it  would have the  means to travel  around the                                                                    
state to catalogue the contaminated sites.                                                                                      
                                                                                                                                
Co-Chair  Bishop  asked  Ms.  Larson  about  the  difference                                                                    
between the  Environment Protection  Agency's (EPA)  Title I                                                                    
and  Title  V air  permits.  He  understood that  the  state                                                                    
currently operated under Title V.                                                                                               
                                                                                                                                
Ms.  Larson  responded  that  both  permits  were  currently                                                                    
issued.  The  bill  intended  to  implement  the  permitting                                                                    
activity into  a Title  V process, which  took about  a year                                                                    
and half  longer than  a Title I  process. She  relayed that                                                                    
DEC believed the permitting process  was better suited under                                                                    
Title I as it was less  time intensive but included the same                                                                    
level of oversight as Title V.                                                                                                  
                                                                                                                                
Co-Chair  Bishop understood  that  emissions  were the  same                                                                    
under Title I and Title V.                                                                                                      
                                                                                                                                
Ms. Larson answered in the affirmative.                                                                                         
                                                                                                                                
Senator  Wilson referenced  the  fiscal note  from DEC  with                                                                    
control  code  YoiXA,  which  indicated  a  need  for  three                                                                    
additional  positions to  provide PFAS  oversight. He  asked                                                                    
how  the  department  would  absorb the  costs  of  the  new                                                                    
positions  in outgoing  years, especially  considering other                                                                    
positions had been cut in the previous year.                                                                                    
                                                                                                                                
Ms. Larson relayed that given  the language in the bill, the                                                                    
department  would   require  a  total  of   four  additional                                                                    
positions in perpetuity for as  long as the statute existed.                                                                    
She  thought the  legislature held  the authority  to ensure                                                                    
that the new positions would be funded.                                                                                         
                                                                                                                                
Senator Wilson shared his concern  about funding sources and                                                                    
thought  there  were no  other  funding  options apart  from                                                                    
unrestricted general funds (UGF).                                                                                               
                                                                                                                                
Co-Chair Bishop believed there was  a bill in the other body                                                                    
that  would  help. He  indicated  that  the committee  would                                                                    
discuss later  in the meeting the  Infrastructure Investment                                                                    
and Jobs Act (IIJA) money as it pertained to PFAS.                                                                              
                                                                                                                                
9:20:48 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman noted  that  there was  a  request for  an                                                                    
addition  of  233  state employees  in  the  current  budget                                                                    
submission.  He  thought  it   seemed  that  the  state  was                                                                    
exposing itself to a substantial  increase in personnel in a                                                                    
single  budget cycle.  He was  concerned  about adding  more                                                                    
positions in order to oversee  PFAS and thought there had to                                                                    
be a better solution.                                                                                                           
                                                                                                                                
Co-Chair  Bishop  emphasized   that  everyone  wanted  clean                                                                    
drinking water. He referenced discussion  around the EPA and                                                                    
asked when  the agency  would be releasing  more information                                                                    
and guidance.                                                                                                                   
                                                                                                                                
Ms.  Larson  cited  that  EPA  had  released  its  strategic                                                                    
roadmap in October of 2021 on  how it planned to address the                                                                    
variety of  PFAS compounds. There were  many benchmarks that                                                                    
EPA hoped  to achieve  within the next  four to  five years.                                                                    
The  agency expected  to release  a proposed  rule regarding                                                                    
PFAS  in the  National  Primary  Drinking Water  Regulations                                                                    
(NPDWR).  Sometime  in  the next  few  months,  a  regulated                                                                    
community was expecting  to see the results  of its research                                                                    
and  peer review  process and  the  results would  determine                                                                    
whether  the methodologies  were sound.  She noted  that the                                                                    
current limits  were 70  parts per  trillion for  a lifetime                                                                    
health advisory, and she had  been told that the limits were                                                                    
expected to go down by an  order of magnitude to seven parts                                                                    
per  trillion or  less. She  relayed that  the approval  was                                                                    
expected to be released in August of 2022.                                                                                      
                                                                                                                                
9:24:04 AM                                                                                                                    
                                                                                                                                
Co-Chair Bishop thought that Ms.  Larson's prediction on the                                                                    
order of  magnitude reduction was accurate  considering that                                                                    
IIJA  would designate  $5 billion  specifically to  PFAS and                                                                    
other emerging contaminants over the next five years.                                                                           
                                                                                                                                
Co-Chair  Bishop  asked who  would  be  covering the  fiscal                                                                    
notes.                                                                                                                          
                                                                                                                                
Mr.  Bates   responded  that  the  fiscal   notes  would  be                                                                    
presented by the governing divisions.                                                                                           
                                                                                                                                
Co-Chair  Bishop suggested  beginning with  the fiscal  note                                                                    
that involved the air quality permit.                                                                                           
                                                                                                                                
9:25:14 AM                                                                                                                    
                                                                                                                                
JASON   OLDS,   AIR    QUALITY   DIVISION,   DEPARTMENT   OF                                                                    
ENVIRONMENTAL  CONSERVATION, addressed  a new  fiscal impact                                                                    
note  from  DEC  with  the OMB  component  number  2061  and                                                                    
control  code  of  iVDzt. The  fiscal  impact  note  totaled                                                                    
$80,000 to  pay for contractual  support and three  new peer                                                                    
review positions to develop a  threshold limit for PFAS. The                                                                    
bill referenced a minimal amount  for air quality emissions,                                                                    
and the  fiscal note  established a threshold  under special                                                                    
procedures  that  would  allow  DEC  to  obtain  contractual                                                                    
support and  peer reviews. He  noted that DEC  was typically                                                                    
disincentivized  from developing  procedures that  were more                                                                    
stringent than EPA.                                                                                                             
                                                                                                                                
Co-Chair  Bishop  understood  that  the  difference  between                                                                    
Title I  and Title V was  the time involved in  the process,                                                                    
and that  the emissions would  remain the same. He  asked if                                                                    
he was accurate.                                                                                                                
                                                                                                                                
Ms. Larson deferred the question to Mr. Olds.                                                                                   
                                                                                                                                
Mr. Olds  responded that Co-Chair Bishop  was correct. There                                                                    
were a  separate set of  administrative procedures,  but the                                                                    
inherent  monitoring or  emissions associated  with a  given                                                                    
permit did  not necessarily change. He  clarified that Title                                                                    
I  was  a  state-only  process,  whereas  Title  V  included                                                                    
specific rules crafted for the  permit process under federal                                                                    
regulations.                                                                                                                    
                                                                                                                                
Co-Chair Bishop  asked for confirmation that  if the process                                                                    
was  to  be   unchanged  and  remain  under   Title  V,  the                                                                    
department would need $80,000.                                                                                                  
                                                                                                                                
Mr. Olds  relayed that the  $80,000 figure was  to establish                                                                    
the  minimal threshold  value in  the bill.  There currently                                                                    
was no emission  limit, and in order to craft  the limit the                                                                    
department would  have to go  through special  procedures to                                                                    
develop  the  threshold  value and  would  need  contractual                                                                    
support.                                                                                                                        
                                                                                                                                
Co-Chair Bishop asked if the  $80,000 was simply intended to                                                                    
get the  department up  to speed.  He understood  that after                                                                    
the  contractual procedures  had  been  completed, then  the                                                                    
pricing of the permit could begin.                                                                                              
                                                                                                                                
Mr. Olds answered affirmatively.                                                                                                
                                                                                                                                
9:28:27 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:30:38 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Ms. Carpenter addressed a new  fiscal impact by DEC with OMB                                                                    
component 3202  and control code  QaKQo. The  Drinking Water                                                                    
Program within  the Division  of Environmental  Health (DEH)                                                                    
under   DEC   would   provide  technical   and   engineering                                                                    
assistance to the Division of  Spill Prevention and Response                                                                    
(SPAR) in their  efforts to ensure drinking  water was safe.                                                                    
She relayed that DEC would  require two additional positions                                                                    
to adhere  to the requirements of  the bill. One of  the new                                                                    
employees would  be responsible for providing  technical and                                                                    
compliance   assistance   to   owners   and   operators   of                                                                    
contaminated public drinking water  systems and to SPAR. The                                                                    
second   requested  employee   would   be  responsible   for                                                                    
approving  proposed  treatments  for  contaminated  drinking                                                                    
water systems. The  fiscal note requested the  funds for the                                                                    
two positions to help with the work.                                                                                            
                                                                                                                                
Co-Chair Bishop  asked if  Mr. Bates was  aware of  the IIJA                                                                    
funds.  He  assumed  that  DEC would  be  working  with  all                                                                    
responsible   parties   to    help   individuals   who   had                                                                    
contaminated drinking  water. He  understood that  DEC would                                                                    
work collaboratively  with other entities to  apply for IIJA                                                                    
funds in an effort to receive as much money as possible.                                                                        
                                                                                                                                
Mr.  Bates wanted  to give  a  brief overview  of the  State                                                                    
Revolving Fund (SRF) program, which  was a low interest loan                                                                    
for  communities in  Alaska.  He elaborated  that  it was  a                                                                    
capitalization grant  from EPA for drinking  water and clean                                                                    
water funds  and was  a revolving fund  and would  grow year                                                                    
after year. The program had  been extremely useful in Alaska                                                                    
and  successful nationally  as well.  The eligible  entities                                                                    
included  municipalities  as   well  as  private  non-profit                                                                    
utilities  that   were  rate-regulated  by   the  Regulatory                                                                    
Commission of Alaska (RCA). The  IIJA funds for SRF would be                                                                    
distributed through  existing programs and  processes within                                                                    
the SRF  program. He  reported that  $7.54 million  per year                                                                    
would  be distributed  to the  state through  IIJA for  five                                                                    
years.  The   funds  would  be  used   to  address  emerging                                                                    
contaminants  with  a specific  focus  on  PFAS in  drinking                                                                    
water systems. He assured the  committee that the funds were                                                                    
fully  subsidized and  were  considered  grants rather  than                                                                    
loans because there was no matching requirement.                                                                                
                                                                                                                                
9:35:26 AM                                                                                                                    
                                                                                                                                
Ms. Larson  addressed a new  fiscal impact note by  DEC with                                                                    
OMB component 3094  and control code YoiXA.  The fiscal note                                                                    
was  the largest  of the  notes  by DEC  and requested  four                                                                    
additional  SPAR  employees  who  would  be  conducting  the                                                                    
majority of  the oversight and monitoring  work described in                                                                    
the bill. The  majority of the requested  $6.3 million would                                                                    
fund  the sampling  and provisioning  of  drinking water  in                                                                    
communities where PFAS contamination  was suspected. A small                                                                    
portion  of  the  fiscal  note   also  requested  funds  for                                                                    
administrative oversight and the associated costs.                                                                              
                                                                                                                                
Senator  Wilson asked  if the  department could  add receipt                                                                    
authority to offset some of the costs.                                                                                          
                                                                                                                                
Ms. Larson  explained that the department  had an obligation                                                                    
to  cost recover  under statute.  However,  the entity  that                                                                    
polluted they system with PFAS  contaminants was usually the                                                                    
party that  was required to  pay the costs. The  state would                                                                    
pay  the majority  of up-front  costs due  to the  manner in                                                                    
which the bill  was written, but it could  collect the funds                                                                    
from  the  polluting  entity after  contamination  had  been                                                                    
proven.                                                                                                                         
                                                                                                                                
Co-Chair  Bishop thought  the  bill would  also require  the                                                                    
state  to dispose  of  up  to 25  gallons  annually of  PFAS                                                                    
contaminated substances for persons domiciled in Alaska.                                                                        
                                                                                                                                
Ms. Larson answered affirmatively.                                                                                              
                                                                                                                                
Co-Chair  Bishop  thought  the  matter was  similar  to  his                                                                    
earlier question regarding RCRA.                                                                                                
                                                                                                                                
9:37:37 AM                                                                                                                    
                                                                                                                                
Mr. Bates  addressed a zero  fiscal impact note by  DEC with                                                                    
OMB component  3204 and  control code  OhSKs. He  noted that                                                                    
the  establishment  of  concentration  limits  for  PFAS  in                                                                    
drinking water as proposed by the  bill appeared to act as a                                                                    
maximum contaminant  level (MCL).  The establishment  of MCL                                                                    
might  require  monitoring  and  discharge  limits  for  all                                                                    
dischargers where  PFAS compounds were reasonably  likely to                                                                    
be present. If regulations  were necessary, DEC would absorb                                                                    
the costs  in the normal  course of business as  it reviewed                                                                    
permits.                                                                                                                        
                                                                                                                                
Co-Chair  Bishop  asked  for  an  example  of  a  wastewater                                                                    
facility that  would be required  to conduct  monitoring. He                                                                    
asked   if  all   municipal   wastewater  systems,   seafood                                                                    
processing   centers,  and   similar  facilities   would  be                                                                    
required to  conduct monitoring,  or would it  be applicable                                                                    
only   to  facilities   in  communities   with  known   PFAS                                                                    
contaminants.                                                                                                                   
                                                                                                                                
Mr.  Bates  stated   that  the  bill  would   apply  to  the                                                                    
facilities  in which  DEC reasonably  expected to  find PFAS                                                                    
contaminants.                                                                                                                   
                                                                                                                                
9:39:36 AM                                                                                                                    
                                                                                                                                
JOHN    BINDER,   DEPUTY    COMMISSIONER,   DEPARTMENT    OF                                                                    
TRANSPORTATION  AND  PUBLIC   FACILITIES,  addressed  a  new                                                                    
indeterminate  fiscal  impact  note for  the  Department  of                                                                    
Transportation   and  Public   Facilities  (DOT)   with  OMB                                                                    
component 530  and control  code bUckf.  The note  would not                                                                    
require  operating funds,  but DOT  projected that  it would                                                                    
require  about $18  million of  capital funds.  He explained                                                                    
that  the  state  had already  identified  approximately  30                                                                    
airports  in   the  state  that   were  suspected   of  PFAS                                                                    
contamination  due to  the  presence of  AFFF,  which was  a                                                                    
substance  used  by  airport   crash  rescue  personnel.  He                                                                    
reported that  DOT had conducted  PFAS testing at 10  of the                                                                    
suspected  airports. The  fiscal  note assumed  that the  10                                                                    
airports that had been tested  would need to be tested again                                                                    
since one of the  compounds in the bill [hexafluoropropylene                                                                    
oxide dimer acid]  had not been included in  past tests. The                                                                    
results   would  drive   whether   a  site   needed  to   be                                                                    
characterized as  contaminated and  provided with  new water                                                                    
processes. The  department averaged  out the costs  that had                                                                    
been incurred in  the past based on the tests  that had been                                                                    
conducted  to  arrive at  the  predicted  $18 million  cost.                                                                    
However,  the note  was indeterminate  because there  was no                                                                    
way to  know how  many sites would  need further  action. It                                                                    
was possible  that several of  the suspected  airports would                                                                    
not require additional action.                                                                                                  
                                                                                                                                
Senator Hoffman  referenced an Alaska  map which  showed the                                                                    
locations  of PFAS  contaminated  sites (copy  on file).  He                                                                    
asked if DOT had the same map.                                                                                                  
                                                                                                                                
Mr. Binder responded that he  was not familiar with the map.                                                                    
He offered  to provide a  list of the 30  airports suspected                                                                    
of PFAS contamination.                                                                                                          
                                                                                                                                
Senator Hoffman would appreciate the information.                                                                               
                                                                                                                                
Senator Wilson wanted to verify  that the estimated cost was                                                                    
$18 million.                                                                                                                    
                                                                                                                                
Co-Chair Bishop answered "Yes."                                                                                                 
                                                                                                                                
9:43:52 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman referenced Senator  Hoffman's request for a                                                                    
list of contaminated  sites and thought it  would helpful if                                                                    
the top 10 sites were highlighted.                                                                                              
                                                                                                                                
Mr.  Binder emphasized  that DOT  recognized  that PFAS  was                                                                    
undesirable   at   any   of  the   state's   airports.   The                                                                    
contaminated airport  sites were prioritized based  on which                                                                    
sites  were  closest  to   communities  and  drinking  water                                                                    
systems.                                                                                                                        
                                                                                                                                
Co-Chair  Stedman  asked for  a  list  of  the top  10  most                                                                    
contaminated airports.                                                                                                          
                                                                                                                                
Mr. Binder agreed to provide  the list immediately following                                                                    
the meeting.                                                                                                                    
                                                                                                                                
9:45:25 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:46:15 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair  Bishop asked  for both  DEC and  DOT to  provide a                                                                    
list of the contaminated sites ranked in order of severity.                                                                     
                                                                                                                                
SB  121  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
HOUSE BILL NO. 155                                                                                                            
                                                                                                                                
     "An  Act  relating   to  court-appointed  visitors  and                                                                    
     experts;  relating  to the  powers  and  duties of  the                                                                    
     office of  public advocacy; relating to  the powers and                                                                    
     duties of  the Alaska  Court System; and  providing for                                                                    
     an effective date."                                                                                                        
                                                                                                                                
9:46:56 AM                                                                                                                    
                                                                                                                                
Co-Chair Bishop relayed that it  was the first hearing of HB
155.  It  was  the  intent  of the  committee  to  hear  the                                                                    
introduction of  the bill, the  sectional analysis,  and any                                                                    
invited and public testimony.                                                                                                   
                                                                                                                                
Co-Chair Stedman  asked that  all presenters  and testifiers                                                                    
who  came before  the committee  were  attired in  adherence                                                                    
with  the  formal dress  code.  He  stated there  were  some                                                                    
exceptions, such as an individual who had a broken arm.                                                                         
                                                                                                                                
Co-Chair Bishop  noted that there were  spare ties available                                                                    
for those in need.                                                                                                              
                                                                                                                                
9:48:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CHRIS TUCK,  SPONSOR,  relayed  that HB  155                                                                    
attempted to  fix a  flaw in the  state that  was negatively                                                                    
impacting the  Alaska Court System's (ACS)  visitor program.                                                                    
He  explained that  the program  was  created to  act as  an                                                                    
investigative  arm  of  the   court  in  certain  protective                                                                    
probate    proceedings    such    as    guardianships    and                                                                    
conservatorships. Since 1984, the  court visitor program has                                                                    
been administered  by the Office  of Public  Advocacy (OPA).                                                                    
Unfortunately,  there   was  no  legislative   history  that                                                                    
clarified  why a  judicial branch  program was  placed under                                                                    
the direction  of an executive  branch office. The  bill was                                                                    
developed  in collaboration  with OPA  and the  court system                                                                    
and both  entities had endorsed  the bill. He  reported that                                                                    
state  law  gave OPA  the  responsibility  to provide  court                                                                    
visitors   in  guardianship   proceedings  and   involuntary                                                                    
medication proceedings.  The executive  branch paid  for the                                                                    
court visitors  because it  was the  branch under  which OPA                                                                    
fell.  The court  system independently  contracted with  and                                                                    
directly   paid  for   court  visitors   in  conservatorship                                                                    
proceedings. He explained that OPA  was only responsible for                                                                    
providing  court visitors  in guardianship  proceedings. The                                                                    
current structure  of the program  was both  inefficient and                                                                    
confusing. The  bill would solve the  inefficiency by moving                                                                    
the court visitor program from OPA to the court system.                                                                         
                                                                                                                                
Representative  Tuck  explained  that  court  visitors  were                                                                    
neutral  parties  with  specialized training  who  conducted                                                                    
independent  investigations  into whether  guardianships  or                                                                    
conservatorships were necessary.  Guardianships were enacted                                                                    
for  individuals  who were  unable  to  care for  their  own                                                                    
wellbeing   due   to   incapacity   or   disability,   while                                                                    
conservatorships  were  used  to manage  the  financial  and                                                                    
personal affairs of  an impaired person or  minor. The court                                                                    
visitors  also participated  in investigations  to determine                                                                    
whether a  potentially impaired individual was  able to give                                                                    
their informed consent.                                                                                                         
                                                                                                                                
9:51:57 AM                                                                                                                    
                                                                                                                                
Senator von Imhof asked if  the committee would consider the                                                                    
fiscal  note  [by  the  Alaska  Judiciary  System  with  OMB                                                                    
component  768 and  control code  EGgOL] during  the current                                                                    
meeting.                                                                                                                        
                                                                                                                                
Co-Chair Bishop responded that he  intended to hear the bill                                                                    
and set it aside, but she  was welcome to address the fiscal                                                                    
note.                                                                                                                           
                                                                                                                                
Senator von  Imhof asked why  moving the program  would cost                                                                    
$960,000 according  to the fiscal  note. She wondered  why a                                                                    
new full-time position was proposed as well.                                                                                    
                                                                                                                                
Representative   Tuck  responded   that  the   proposed  new                                                                    
employee  would   be  responsible   for  the   training  and                                                                    
oversight of court  visitors. He noted that  the program had                                                                    
been  underfunded for  a  while and  the  move presented  an                                                                    
opportunity  to  bring it  back  up  to a  more  appropriate                                                                    
funding level. He suggested that  Mr. Doug Wooliver from the                                                                    
court system address the question as well.                                                                                      
                                                                                                                                
9:53:13 AM                                                                                                                    
                                                                                                                                
DOUG WOOLIVER, DEPUTY  ADMINISTRATIVE DIRECTOR, ALASKA COURT                                                                    
SYSTEM,  echoed the  sponsor's assertion  that the  bill was                                                                    
developed in collaboration with OPA.  The reason there was a                                                                    
difference  in the  fiscal note  was because  OPA had  never                                                                    
provided training  for court  visitors in  the past  and the                                                                    
courts  would  like to  improve  the  program. The  employee                                                                    
would provide  oversight, training,  and scheduling  for the                                                                    
court  visitors.  He  thought  the tasks  should  have  been                                                                    
happening already  and hoped the program  would improve when                                                                    
moved to the court system.                                                                                                      
                                                                                                                                
Co-Chair Stedman noted  that around $100,000 of  the cost of                                                                    
the shift was due to the  repositioning of the duties to the                                                                    
courts. He  asked if the  courts could function  without the                                                                    
addition of the $100,000 spread.                                                                                                
                                                                                                                                
Mr.  Wooliver  responded  that  the  courts  could  function                                                                    
without the funds,  but the program would retain  all of the                                                                    
deficiencies  that it  currently  had. It  was important  to                                                                    
improve  the program  if the  court system  were to  take it                                                                    
over, which would require additional funds.                                                                                     
                                                                                                                                
Senator Olson shared the same  concern as Senator von Imhof.                                                                    
He asked if  the improvements to the program  would be worth                                                                    
the $960,000 in the fiscal note.                                                                                                
                                                                                                                                
Mr. Wooliver noted that most  of the cost simply reflected a                                                                    
transfer of  funds from  OPA to the  court system.  The only                                                                    
increase was the roughly $100,000 for the new position.                                                                         
                                                                                                                                
Senator  Olson  noted that  the  amount  would be  recurring                                                                    
every year.                                                                                                                     
                                                                                                                                
Mr.  Wooliver  responded  in the  affirmative,  however  the                                                                    
funds would  originate from OPA's budget.  He explained that                                                                    
OPA's budget would  show a decrement due to  the transfer of                                                                    
funds.                                                                                                                          
                                                                                                                                
9:56:48 AM                                                                                                                    
                                                                                                                                
MICHAEL  MASON, STAFF,  REPRESENTATIVE TUCK,  read from  the                                                                    
sectional analysis (copy on file):                                                                                              
                                                                                                                                
     Section 1  Repeals and reenacts AS 13.26.226 (d) to                                                                        
     read: The Alaska Court System shall provide visitors                                                                       
     and experts in guardianship proceedings under AS                                                                           
     13.26.291.  The Alaska  Court System  may contract  for                                                                    
     services of court-appointed visitors and experts.                                                                          
                                                                                                                                
     Section 2    Amends AS 13.26.291 (a)  to stipulate that                                                                    
     the Alaska  Court System  shall bear  the costs  of the                                                                    
     visitors and experts appointed under AS 13.26.226 (c).                                                                     
                                                                                                                                
     Section  3      Amends  AS  44.21.410   (a)  to  remove                                                                    
     paragraph 2 and renumber the remaining paragraph.                                                                          
                                                                                                                                
     Section  4    Amends AS.21.420  (c) to  remove language                                                                    
     allowing   the   Commissioner  of   Administration   to                                                                    
     contract for  services for  court visitors  and experts                                                                    
     to perform the duties set out in AS 44.21.410.                                                                             
                                                                                                                                
     Section  5     Amends  AS 44.21.440  (b)  to  remove  a                                                                    
     reference to  court visitors from  language prohibiting                                                                    
     the  Office  of  Public Advocacy  from  using  improper                                                                    
     pressure to  influence the  professional judgment  of a                                                                    
     person paid by the office.                                                                                                 
                                                                                                                                
     Section  6    Amends AS.30.839  (d) to  remove language                                                                    
     allowing  the  court to  direct  the  Office of  Public                                                                    
     Advocacy  to provide  a  court  visitor to  investigate                                                                    
     whether  a  patient  can   give  or  withhold  informed                                                                    
     consent in  psychotropic medication  proceedings during                                                                    
     involuntary commitments.                                                                                                   
                                                                                                                                
     Section 7    Amends 47.30.839  to add a  new subsection                                                                    
     to read: (j) The Alaska                                                                                                    
     Court  System  shall  provide visitors  in  proceedings                                                                    
     under  this  section.  The   Alaska  Court  System  may                                                                    
    contract for services of court-appointed visitors.                                                                          
                                                                                                                                
     Section 8    Amends the uncodified law of  the State of                                                                    
     Alaska to add transition  language stipulating that the                                                                    
     act  applies  to   guardianship  proceedings  under  AS                                                                    
     13.26.291 and proceedings  under AS.30.839 commenced on                                                                    
     or after  the effective  date of  the act.  The section                                                                    
     further  amends  the uncodified  law  of  the State  of                                                                    
     Alaska  to ensure  that the  Office of  Public Advocacy                                                                    
     shall  provide   for  the   services  of   visitors  in                                                                    
     proceedings  under AS  47.30.839  before the  effective                                                                    
     date of the act.                                                                                                           
                                                                                                                                
     Section  9    Provides  an effective  date  of July  1,                                                                    
     2022.                                                                                                                      
                                                                                                                                
9:59:26 AM                                                                                                                    
                                                                                                                                
Senator Wilson  wondered if it  would be better for  the new                                                                    
employee to belong to an  entity other than the court system                                                                    
as the employee would be  asking the court to make decisions                                                                    
on an individual's wellbeing.                                                                                                   
                                                                                                                                
Representative  Tuck  relayed  that the  position  would  be                                                                    
contracted out and  there was already a  neutral third party                                                                    
involved in  the process.  The bill  would make  the process                                                                    
more efficient  and less confusing  by placing it  under the                                                                    
proper branch. He  relayed that the courts  were the parties                                                                    
that made the  decisions in the end. It was  unclear why the                                                                    
program  had  been  designated  to   OPA  and  it  had  been                                                                    
identified as a problem for a long time.                                                                                        
                                                                                                                                
Senator Wilson was concerned that  the court would be paying                                                                    
someone to  agree or disagree  with the  court's judgements.                                                                    
He thought a separation seemed wise.                                                                                            
                                                                                                                                
Representative Tuck  responded that  the decisions  were not                                                                    
made after  the investigation  was complete. He  invited his                                                                    
staff to comment.                                                                                                               
                                                                                                                                
Mr. Mason suggested that Mr.  James Stinson from OPA comment                                                                    
on Senator Wilson's concern.                                                                                                    
                                                                                                                                
10:01:36 AM                                                                                                                   
                                                                                                                                
JAMES   STINSON,  DIRECTOR,   OFFICE  OF   PUBLIC  ADVOCACY,                                                                    
DEPARTMENT    OF   ADMINISTRATION    (via   teleconference),                                                                    
responded   that  currently,   the  court   system  directly                                                                    
appointed  and paid  for court  visitors in  conservatorship                                                                    
cases.  He explained  that OPA  paid for  the same  services                                                                    
with the same contractors  in guardianship cases. He thought                                                                    
that the public  had the misconception that  OPA was running                                                                    
a  monopoly  on  the  proceedings and  had  undue  influence                                                                    
because OPA also  supplied the attorneys for  the cases. The                                                                    
reality  was that  all court  visitors,  regardless of  case                                                                    
type,  were under  the judicial  rules of  conduct per  case                                                                    
law.  The court  visitors reported  to the  judiciary branch                                                                    
and acted as  an investigative arm of the  court. He relayed                                                                    
that OPA's  only real responsibility was  to provide payment                                                                    
to  the   court  visitors  if   the  case  at  hand   was  a                                                                    
guardianship case.                                                                                                              
                                                                                                                                
10:03:22 AM                                                                                                                   
                                                                                                                                
Co-Chair Bishop OPENED public testimony.                                                                                        
                                                                                                                                
Co-Chair Bishop CLOSED publics testimony.                                                                                       
                                                                                                                                
HB 155 was HEARD and HELD in committee for further                                                                              
consideration.                                                                                                                  
                                                                                                                                
Co-Chair Bishop discussed the agenda for the afternoon.                                                                         
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
10:04:06 AM                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:04 a.m.                                                                                         

Document Name Date/Time Subjects
HB102-DOA-DRM SFIN 2022 draft changes per Sen FIN 04182022.pdf SFIN 4/25/2022 9:00:00 AM
HB 102
HB 155 Testimony Office of Public Advocacy 4.3.2021.pdf HFIN 5/5/2021 9:00:00 AM
SFIN 4/25/2022 9:00:00 AM
SFIN 5/11/2022 1:00:00 PM
HB 155
HB 155 Sponsor Statement 3.30.2021.pdf HFIN 5/5/2021 9:00:00 AM
SFIN 4/25/2022 9:00:00 AM
HB 155
HB 155 Explanation of Changes Version B to Version 1 02.16.2022.pdf SFIN 4/25/2022 9:00:00 AM
HB 155
HB 155 Version I Sectional Analysis 02.15.2022.pdf SFIN 4/25/2022 9:00:00 AM
HB 155
HB 155 Additional Document - Alaska Court System Response to HJUD Questions on April 5_2021 4.7.2021.pdf SFIN 4/25/2022 9:00:00 AM
HB 155
SB 121 support Kiehl.pdf SFIN 4/25/2022 9:00:00 AM
SB 121
SB 121 Suppot Testimony - Jenn Currie.pdf SFIN 4/25/2022 9:00:00 AM
SB 121
SB 121 RCRA Response to SFIN - 04.28.22.pdf SFIN 4/25/2022 9:00:00 AM
SB 121