Legislature(2015 - 2016)SENATE FINANCE 532
04/09/2016 10:00 AM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| SB201 | |
| SB200 | |
| SJR12 | |
| SB8 | |
| SB163 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 201 | TELECONFERENCED | |
| + | SB 200 | TELECONFERENCED | |
| + | SJR 12 | TELECONFERENCED | |
| + | SB 163 | TELECONFERENCED | |
| + | SB 8 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE FINANCE COMMITTEE
April 9, 2016
10:07 a.m.
10:07:18 AM
CALL TO ORDER
Co-Chair MacKinnon called the Senate Finance Committee
meeting to order at 10:07 a.m.
MEMBERS PRESENT
Senator Anna MacKinnon, Co-Chair
Senator Pete Kelly, Co-Chair
Senator Anna MacKinnon, Co-Chair
Senator Pete Kelly, Co-Chair
Senator Peter Micciche, Vice-Chair
Senator Click Bishop
Senator Mike Dunleavy
Senator Lyman Hoffman
MEMBERS ABSENT
Senator Donny Olson
ALSO PRESENT
Emmie Van Wyhe, Staff, Senator Cathy Giessel; Jane Conway,
Staff, Senator Cathy Giessel; Janey Hovenden, Director,
Division of Corporations, Business and Professional
Licensing, Department of Commerce, Community and Economic
Development; Senator Mia Costello, Sponsor; Sorcha
Hazelton, Intern, Senator Mia Costello; Alise Galvin, Self,
Juneau; Eddie Grasser, Self, Juneau; Senator Bill Stoltze,
Sponsor; Senator Johnny Ellis, Sponsor; Sarah Evans, Staff,
Senator Johnny Ellis.
PRESENT VIA TELECONFERENCE
John Cotter, Chair, Board of Pharmacy, Fairbanks; Dirk
White, Self, Sitka; Tara Ruffner, Alaska Pharmacists
Association, Kenai; David Nees, Self, Anchorage; Rob
Carter, Division of Agriculture; Ronda Marcy, Chief
Executive Officer, Alaska Hemp Industries; Don Hart, Self,
Wasilla; Jack Bennett, Self, Homer; Lacey Eshleman, Self,
Wasilla; Casey Eshleman, Self, Wasilla; Frank Turney, Self,
Fairbanks; Guy Archibald, Inside Passage Water Keepers,
Juneau; Raymond Sensmeier, Self, Yakutat; Rosemarie Hotch,
Self, Anchorage; Rick Solie, Self, Fairbanks.
SUMMARY
SB 8 INDUSTRIAL HEMP PRODUCTION LICENSES
SB 8 was HEARD and HELD in committee for further
consideration.
SB 163 NATL. RES. WATER NOMINATION/DESIGNATION
SB 163 was HEARD and HELD in committee for
further consideration.
SB 200 MANDATORY PHYSICAL ACTIVITY IN SCHOOLS
SB 200 was HEARD and HELD in committee for
further consideration.
SB 201 PHARMA BD & EMPLOYEES;DRUG DIST/MANUFAC
SB 201 was HEARD and HELD in committee for
further consideration.
SJR 12 CONST. AM: ELECTED ATTORNEY GENERAL
SJR 12 was HEARD and HELD in committee for
further consideration.
Co-Chair MacKinnon discussed the schedule.
SENATE BILL NO. 201
"An Act relating to the Board of Pharmacy; relating to
the licensing and inspection of certain facilities
located outside the state; relating to drug supply
chain security; and creating a position of executive
administrator for the Board of Pharmacy."
10:08:34 AM
EMMIE VAN WYHE, STAFF, SENATOR CATHY GIESSEL,
offered a sponsor statement (copy on file):
Passage of SB 201 will create a more secure drug
supply chain by allowing for licensing and inspection
of wholesale drug distributors outside of the state.
Currently, Alaska is one of the few remaining states
that does not license out-of-state wholesale drug
distributors. With laws and regulations varying from
state to state, licensing an out-of-state wholesale
distributor can prove arduous. With this legislation,
Alaska can take action to eliminate wholesalers
looking for loopholes in the regulatory system and
ensure that all out-of-state applicants seeking
licensure comply with the same regulations as Alaska
wholesalers.
This legislation is critical and necessary to bring
Alaska into compliance with the Drug Quality Security
Act (DQSA) and create a new license category for "Out-
of-State Wholesale Drug Distributors. Currently, there
is no authority by the Board of Pharmacy to regulate
Out-of-State Wholesale Drug Distributors or third
party logistic providers (3PLs). SB 201 would ensure
safe delivery of controlled, non-counterfeit
medications to Alaskans.
SB 201 would require that any out-of-state wholesale
drug distributor or outsourcing facility follow
specific guidelines including obtaining a license,
authorizing inspection of the facility by a designee
of the board, and appointing an agent before shipping,
mailing or delivering prescription drugs to a licensee
in the state or advertising in the state.
Additionally, this legislation allows the Board of
Pharmacy to create a new position titled "Executive
Administrator" to serve as a liaison to the
legislative and executive branches of state
government, the media, and other state pharmacy
boards, as well as implement board statutes and
regulations, and aid in managing current licensees.
10:11:14 AM
Co-Chair MacKinnon requested a sectional analysis.
JANE CONWAY, STAFF, SENATOR CATHY GIESSEL, addressed the
sectional analysis (copy on file):
Section 1:
AS 08.80.130(13): Allows licensing and inspecting
for out-of-state drug distributors and
outsourcing facilities.
AS 08.80.130(14): Establishes qualifications and
duties of executive administrator. Executive
administrator is delegated authority in order to
conduct board business.
Section 2:
AS 08.80.03(c): Specifications for facilities,
equipment, personnel, and procedures for control
of drugs
Section 3:
AS 08.80.157(k): Applies to wholesale drug
distributors and outsourcing facilities outside
the state under
AS 08.80.159, regarding licensing.
Section 4: Amends AS 08.80 by adding a new section:
Sec. 08.80.159: Requires that a wholesale drug
distributor or outsourcing facility have a
license in Alaska before shipping, mailing, or
delivering prescription drugs to a licensee in
the state or before advertising in the state, an
agent must be appointed in the state, and a
designee of the board must authorize inspection
of the facility.
An outsourcing facility, in addition, must comply
with the Drug Quality and Security Act of 2013.
The board may require an inspection of facilities
located outside of the state, approve a designee
to inspect. The board shall adopt regulations to
implement this section.
Section 5: Amends AS 08.80 by adding new section to
Article 2:
Sec. 08.80.270: Allows the Board to create an
executive administrator position. Defines the
role of the executive administrator.
Section 6:
AS 08.80.480(37): Defines "outsourcing facility"
10:13:50 AM
Co-Chair MacKinnon solicited questions on the intent of the
legislation.
10:14:01 AM
Senator Bishop understood that the legislation was driven
by the Drug Supply Chain Act of 2013.
Ms. Conway replied in the affirmative. She added that
Alaska would be the final state to comply with the
regulations.
Senator Bishop referred to section 2 of the bill, and
wondered how much complying with the legislation would cost
pharmacies in the state.
Ms. Conway replied that the legislation should not cost
pharmacies in the state any funds. She explained that the
bill solely pertained to the regulation of out-of-state
wholesalers in order to protect pharmacies in Alaska from
receiving counterfeit, or contaminated, drugs.
10:16:04 AM
Co-Chair MacKinnon OPENED public testimony.
10:16:44 AM
JOHN COTTER, CHAIR, BOARD OF PHARMACY, FAIRBANKS (via
teleconference), testified in support of the bill. He noted
that the major component of the bill was the licensure of
wholesalers, which would insure the integrity of the drugs
being sold within the state. He added that the Drug Quality
Security Act (2013) had secured the pedigree of drugs, and
the bill would ensure that out-of-state wholesalers were
compliant to that end. He said that the hope was that any
revenue from the bill would offset the cost of adding an
executive administrator to manage the Board of Pharmacy and
the growing complexity of board business.
10:19:09 AM
DIRK WHITE, SELF, SITKA (via teleconference), testified in
support of the legislation. He echoed the testimony of the
previous speaker. He believed the bill would bring the
state in to compliance with the Drug Quality Security Act.
He restated that the bill was financially neutral to
pharmacies in the state. He reiterated that the bill would
protect the integrity of the pedigree of the drugs that are
sold to the state.
10:21:25 AM
TARA RUFFNER, ALASKA PHARMACISTS ASSOCIATION, KENAI (via
teleconference), testified in support of the bill. She
believed that the legislation would make sure
pharmaceuticals were tracked through the supply change in a
transparent way.
10:22:49 AM
Co-Chair MacKinnon asked whether the outsourcing facility
had to be in the United States, or would the tracking reach
international borders.
Ms. Ruffner replied that she was not sure of the answer.
She offered to get back to the committee with the
information.
10:23:18 AM
Vice-Chair Micciche asked whether an Alaska resident could
order pharmaceuticals from outside the state, and if so,
would the bill cover internet suppliers.
Ms. Ruffner stated that anyone could go on the internet and
order drugs, and doubted that they were regulated.
Vice-Chair Micciche hoped the sponsor would address the
issue.
10:24:02 AM
Co-Chair MacKinnon CLOSED public testimony.
Co-Chair MacKinnon asked Ms. Conway to respond to the two
previous questions regarding international and internet
activity.
Ms. Conway stated that she would provide a response to
those issues to the committee at a later date.
10:25:09 AM
Vice-Chair Micciche discussed the fiscal notes attached to
the legislation (copy on file).
10:26:04 AM
Co-Chair MacKinnon queried the perspective of the
Department of Commerce, Community and Economic Development
on the estimation of receipts coming in to monitor the
program.
10:26:27 AM
JANEY HOVENDEN, DIRECTOR, DIVISION OF CORPORATIONS,
BUSINESS AND PROFESSIONAL LICENSING, DEPARTMENT OF
COMMERCE, COMMUNITY AND ECONOMIC DEVELOPMENT, stated that
the cost of the fiscal note was expected to be covered by
new licensees.
SB 201 was HEARD and HELD in committee for further
consideration.
10:27:06 AM
Co-Chair MacKinnon welcomed Co-Chair Kelly to the table.
SENATE BILL NO. 200
"An Act relating to physical activity requirements for
students in kindergarten through grade eight."
10:27:22 AM
SENATOR MIA COSTELLO, SPONSOR, offered a sponsor statement
on the legislation:
Senate Bill 200 amends state law to ensure Alaskan
students receive a minimum recommended amount of
physical activity at school. Under the bill, school
districts would provide at least 90% of the
recommended exercise time for adolescents by the U.S.
Center for Disease Control &
Prevention (CDC). School districts would have the
flexibility to meet this requirement, equating to 54
minutes, through physical education classes, recess,
or a combination of activity types.
The amount of time students spend in school has grown
over the years. Changes to the school day and
curriculum have led to less time for students to
participate in unstructured physical activity. Lack of
exercise can have a detrimental effect on youth, and
can cause obesity and other health concerns. This bill
aims to ensure Alaskan students in kindergarten
through eighth grade are involved in physical activity
and have breaks from the classroom that allow youth to
destress and improve their focus. Currently, slightly
more than half of school districts in Alaska have a
written policy for elementary and middle school
recess. This bill will set a minimum standard to
ensure students receive adequate opportunities for
physical activity.
Breaks in the school day have been proven to aid
information retention and focus. Unstructured physical
activity, like recess, lets students process classroom
lessons and allows for an education outside the
classroom from their peers. A CDC report reviewed 50
peer-reviewed studies and documented links between
physical activity and academic performance, including
achievement, behavior, cognitive skills, and attitude.
The American Association of Pediatrics has also found
that recess, either indoor or outdoor, led to more
attentive and productive students, in addition to
learning on playgrounds from peers.
Ensuring adequate physical activity will allow
Alaska's students the opportunity to learn from each
other, to improve their academic performance, to fight
childhood obesity through exercise, and to reduce the
stress levels that have adverse effects on our
children. This bill helps them grow into successful
adults.
Representative Costello shared that she suffered from
scoliosis as a child, which had prompted her to become a
life-long swimmer. She stressed that the benefits of
regular physical activity were numerous.
10:30:31 AM
SORCHA HAZELTON, INTERN, SENATOR MIA COSTELLA, stated that
the legislation would ensure that Alaska's kids were
physically active and mentally healthy, setting a balance
of structured and unstructured time during the school day.
She said that the bill would amend state law to ensure
school districts provided a daily minimum of physical
activity for kindergarten through 8th grade students. She
stated that the state did not have a policy requiring or
recommending recess or physical activity breaks at any
grade level. She furthered that only half of Alaska's
school districts had a written policy for elementary and
middle school recess, and one-third of the school district
policies for elementary schools did not meet the CDCs daily
recommended amount of physical activity in a full school
week. She stressed that physical activity had many benefits
for students, such as: combating childhood obesity,
improving academic performance, and fighting the rise of
youth mental disorders.
10:32:32 AM
Ms. Hazelton relayed that physical activity allowed
students to learn from their peers outside of a classroom.
She lamented the growing issue of childhood obesity in the
state and the associated medical healthcare costs. She said
that 26 percent of Alaskan high school students were
overweight or obese, while 36 percent of K-12 students were
overweight or obese in the 2010-2011 school year. 40
percent of Alaskan 3 year-olds were either overweight or
obese according to the 2014 Alaska Obesity Facts Report.
She shared that the legislation would address the issue
through a simple, daily activity. She noted that recess and
P.E. had been cut in schools across the nation in order to
implement more instructional time. She stressed that
physical activity had been proven to improve focus and
information retention. She noted that the American Academy
of Pediatrics had found that children's brains processed
information best if given a period of interruption after
instruction; best served through unstructured breaks,
rather than shifting subject matter. She expounded on the
merits of recess and physical activity for children and
young adults.
10:36:09 AM
Co-Chair MacKinnon referred to an inability to hold recess
due to inclement weather. She wondered whether schools
would suffer repercussions for not getting students outside
due to bad weather.
Ms. Hazelton stated that inclement weather was always a
challenge. She asserted that many of the physical
activities listed in the bill could be done indoors; the
bill would not rule out in-classroom exercises. She added
that many students did not mind playing outside in the
rain.
10:38:03 AM
Senator Dunleavy commented on the issue of students being
inappropriately dressed for outdoor recess. He acknowledged
that appropriate dress for appropriate climate would need
to be stressed.
10:39:01 AM
Co-Chair MacKinnon discussed the safety issue of ice on the
playground. She thought that children could move indoors to
a gym or auditorium for exercise, but noted that all
schools in the state were not equip with those facilities.
10:39:35 AM
Co-Chair MacKinnon OPENED public testimony.
10:40:04 AM
ALISE GALVIN, SELF, JUNEAU, testified in strong support of
the bill. She expressed that as a mother of four children
she believed that all children needed more physical
activity. She expressed concern with limited adult
supervision during outdoor playtime, and training for those
overseeing physical activities indoors.
10:41:59 AM
EDDIE GRASSER, SELF, JUNEAU, discussed the bill. He
mentioned a program sponsored by the Department of Fish and
Game called the National Archery in the Schools program,
which he believed mirrored the goals discussed by the bill
sponsor. He asserted that getting children active and
outdoors was a positive thing.
10:43:31 AM
DAVID NEES, SELF, ANCHORAGE (via teleconference), offered
some history of recess and physical education in public
schools. He relayed that physical activity was important
but worried about the cost of paying trained, licensed
professionals to instruct children. He shared that poorly
taught physical education could be detrimental to students.
He stressed the need for clear language in the bill that
recognized the difference between physical education and
recess as ways for children to be physically active.
10:46:59 AM
Co-Chair MacKinnon asked whether he was advocating that the
bill call for licensed professionals to administer physical
education to students.
Mr. Nees thought that programs in the state's schools
should be reviewed by a licensed professional to ensure
that the curriculum was safe.
10:47:44 AM
Co-Chair MacKinnon CLOSED public testimony.
10:48:07 AM
Vice-Chair Micciche discussed the zero fiscal note.
SB 200 was HEARD and HELD in committee for further
consideration.
SENATE JOINT RESOLUTION NO. 12
Proposing amendments to the Constitution of the State
of Alaska relating to the office of attorney general.
10:49:01 AM
Co-Chair MacKinnon directed the committee's attention to
SJR 12.
SENATOR BILL STOLTZE, SPONSOR, noted that the bill topic
had come before the legislature many times in the past. He
offered a sponsor statement:
The State of Alaska has grown from being a frontier
state in 1959 to being a major player in the world's
oil and gas industry today. With economic growth, has
come vast growth in population.
As the state looks to the future, and the challenges
of emerging as a strong independent state, it is time
to examine how the state selects its Attorney General.
Alaska is one of seven states that currently does not
elect its Attorney General in a general election, by
the people. In addition to Alaska, Hawaii, New
Hampshire, New
Jersey and Wyoming leave selection of the Attorney
General to an appointment by the governor. The
Attorney General in Maine is elected by the
Legislature and the
Tennessee Supreme Court elects the Attorney general.
The people of Alaska would like to have an attorney
general that is accountable to the people.
Voting for SJR 12 and passing it along to the voters
will show Alaskans that we are willing to move forward
and trust the people of Alaska to select an Attorney
General who will vigorously represent the will of the
people of our great state.
10:55:43 AM
Senator Dunleavy pointed out to the sponsor that the
attorney general in Maine was appointed by the Legislature.
He was curious whether Senator Stoltze had researched how
that arrangement had worked for the state.
Senator Stoltze replied that he had not. He assumed that,
anecdotally, the process was sometimes political and
sometimes was not. He added that 43 states had direct
election of the attorney general; 5 states had appointment
by governor, Maine had election by Legislature, and
Tennessee had a selection by the Supreme Court. He asserted
that he did not believe in modeling Alaska's method by "how
they do it on the outside."
10:56:49 AM
Co-Chair MacKinnon OPENED public testimony on SJR 12.
Co-Chair MacKinnon CLOSED public testimony.
10:57:21 AM
Vice-Chair Micciche discussed the zero fiscal notes.
Co-Chair MacKinnon informed the committee that Legislative
Affairs Agency would be informed that their zero fiscal
note lacked backup documentation.
SJR 12 was HEARD and HELD in committee for further
consideration.
10:58:49 AM
AT EASE
10:59:34 AM
RECONVENED
SENATE BILL NO. 8
"An Act relating to the regulation and production of
industrial hemp."
11:00:10 AM
SENATOR JOHNNY ELLIS, SPONSOR, voiced that the bill had
growing support and no known opposition. He contended that
the bill would give Alaskans the freedom to farm industrial
hemp. He asserted that the state should not be hindered by
the federal government in producing industrialized hemp, as
it was not related to marijuana. He felt that the bill
would help out Alaska farmers and take a stand against the
federal government. He offered a brief history of
industrialized hemp in the United States. He dubbed the
bill a "freedom to farm" bill, which would unite lawmakers
in bipartisan support. He revealed that it was not certain
where in the state the product would grow, but insisted
that Alaskan farmers wanted to make the attempt. He shared
that the uses for industrialized hemp were numerous. He
referred to support letters in member packets (copy on
file).
11:04:32 AM
SARAH EVANS, STAFF, SENATOR JOHNNY ELLIS, discussed the
sectional analysis of the bill (copy on file):
Section 1 establishes a license procedure in the
Department of Natural Resources (DNR) for production
of industrial hemp, including planting, growing,
harvesting, processing, possessing, selling, or buying
industrial hemp. This section also requires the
Commissioner of DNR to adopt regulations relating to
industrial hemp.
Section 2 creates an affirmative defense to a
prosecution under AS 11.71.030 - 11.71.060 for the
manufacture, delivery, possession, possession with
intent to manufacture or deliver, or display of a
schedule VI controlled substance if the person was
licensed to produce industrial hemp and in compliance
with the term of license.
Section 3 authorizes the Department of Public Safety
to conduct a national criminal history record check
for licensure as an industrial hemp producer in AS
12.62.400.
Section 4 states that a person who is licensed under
sec.1 of the bill to produce industrial hemp is not
required to be licensed as a marijuana establishment
under AS 17.38.100.
11:06:45 AM
Co-Chair MacKinnon queried the difference between the
intent of the bill, and that of the citizens' initiative,
which would require a license for industrial operations
related to cannabis.
Senator Ellis responded that there was an understood
difference between the two crops. The cannabis crop had a
much greater THC level than that of industrial hemp.
11:07:49 AM
Co-Chair MacKinnon OPENED public testimony.
11:08:18 AM
ROB CARTER, DIVISION OF AGRICULTURE (via teleconference),
testified in support of the bill. He clarified that the CS
would not have fiscal impact for the division.
Co-Chair MacKinnon rebutted that the fiscal not had been
for $160,000 the previous day. She whether the industrial
hemp would need to be tested for THC levels.
Mr. Carter explained that as the CS was written, there were
no requirements for the division to provide testing
services.
Co-Chair MacKinnon wondered whether public safety or state
troopers would be able to identify visually the difference
between industrial hemp and marijuana.
Mr. Carter responded in the negative. He believed that the
difference between marijuana and hemp would have to be left
to the good faith of the producer.
11:10:18 AM
RONDA MARCY, CHIEF EXECUTIVE OFFICER, ALASKA HEMP
INDUSTRIES (via teleconference), testified in support of
the bill. She clarified that affirmative defense would
shift the burden of testing onto the field producer. She
relayed that the hemp would be tested numerous times, and
that certified seeds, verified to be less than 3 percent
THC, would be used. She offered an anecdote about
industrialized hemp in Kentucky, and the benefits the plant
had offered the state. She said that her company was ready
to help farmers to produce products that ranged from
insulation and concrete, to fish food. She expressed
excitement about bringing the industry to Alaska.
11:12:40 AM
Senator Bishop asked about the use of hemp in concrete.
Ms. Marcy shared that there was a substance known as
"hempcrete," which had been used to build the Roman
aqueducts. She discussed the high value of hemp insulation.
She explained that the hempcrete had a bit of a "give" to
it, making it optimal for use in buildings in Alaska. She
added that the high insulation factor of hemp would help to
lower energy costs in the state.
11:14:24 AM
Co-Chair MacKinnon asked whether the recent initiative
would legalize the opening hemp retail establishments.
Ms. Marcy replied that she had submitted an application for
a license, but added that hemp sales and marijuana sales
were separate issues. She had been legally advised that
growing hemp was legal, provided the producer could prove
that the product contained less than three percent THC. She
asserted that she would strive to be in compliance with all
regulations. She offered that the nutritional content of
hemp was higher than alfalfa.
11:16:34 AM
DON HART, SELF, WASILLA (via teleconference), testified in
support of the bill. He pointed out that the previous
testifier was a bastion of information related to hemp and
marijuana. He discussed the legalization of industrial hemp
in Canada. He explained that at the present time, hemp was
generating funds for Canada, which he thought would be good
for Alaska. He discussed the hemp seed, which had nine
grams of protein in three tablespoons; higher than salmon.
He believed that industrialized hemp could bolster the
Alaskan economy.
11:19:17 AM
JACK BENNETT, SELF, HOMER (via teleconference), testified
in support of the bill. He discussed sustainable building,
and had worked on building a tiny home model utilizing hemp
products. He discussed heating in rural areas of the state,
and highlighted the importance of energy efficiency and
sustainability that could be provided with green building
materials such as hemp products. He lauded the high
geothermal mass of hempcrete. He discussed the waste
produced with concrete production. He relayed that Mercedes
Benz and BMW used hemp plastics in their car doors. He
expounded on the many useful qualities of industrialized
hemp.
11:23:02 AM
LACEY ESHLEMAN, SELF, WASILLA (via teleconference),
testified in support of the bill. She had an extensive
farming background, and acknowledged that challenges of
farming in Alaska. She thought there would be benefits to
farming hemp. She discussed her personal farming experience
and history. She expressed excitement about the industrial
applications of hemp. She possessed currently unused
farmland and was interested in growing hemp. She thought
industrialized hemp would help to stimulate the economy.
11:25:26 AM
CASEY ESHLEMAN, SELF, WASILLA (via teleconference),
testified in support of the bill. He was interested in
industrialized hemp for the health and industrial benefits
the plant would provide. He shared that agricultural
benefits of the hemp plant included the rejuvenation of
depleted soils. He relayed that, as a contractor, he was
excited to use industrial hemp in his construction. He
encouraged the passage of the legislation.
11:27:21 AM
FRANK TURNEY, SELF, FAIRBANKS (via teleconference),
testified in support of the bill. He shared that he had
been trying to educate his community on the benefits of
industrial hemp, and the difference between it and
smokeable cannabis, for two decades. He mentioned the
Fairbanks Northstar Borough's resolution in support of the
bill. He stated that hemp biomass was the fastest growing
biomass on the planet. He discussed the products that could
be made using hemp. He offered a brief explanation of
cannabis and hemp. He directed the committee's attention to
the website www.hemp.com as a source of information.
11:30:46 AM
Co-Chair MacKinnon CLOSED public testimony.
11:31:04 AM
Vice-Chair Micciche discussed the fiscal note.
Vice-Chair Micciche thought that the zero fiscal note would
be defensible if the cost were shifted to the producer. He
wondered why the sponsor had not considered the shift.
Senator Ellis explained that any hemp production in Alaska
would require the importation of hemp seeds from elsewhere.
He believed that the affirmative defense written into the
bill that related to the producer using less than 3 percent
THC seeds would be enough legal coverage for the farmer and
the state. He said that he would accept any suggestions
that the committee had to offer.
Vice-Chair Micciche thought that the bill could be more
prescriptive.
SB 8 was HEARD and HELD in committee for further
consideration.
SENATE BILL NO. 163
"An Act relating to the nomination and designation of
state water as outstanding national resource water;
and providing for an effective date."
11:34:18 AM
Co-Chair MacKinnon OPENED public testimony.
11:35:04 AM
GUY ARCHIBALD, INSIDE PASSAGE WATER KEEPERS, JUNEAU (via
teleconference), testified in opposition to the bill as
written. He thought it should not be harder to the citizens
of Alaska to protect clean water than it was for industry
to pollute it. He pointed out that the Department of
Environmental Conservation did not currently require
baseline data on the receiving water, as part of the
application for discharge. He furthered that the
significant economic benefit analysis conducted by the
department had no minimum economic benefit level. He
thought there had to be waters in the state that were so
critical to the communities that they could be designated
without burdensome bureaucracy. He asserted that this issue
was not one of land use, but of water quality. He argued
that land owners did not retain the right to pollute the
water. He added that it was the responsibility of the
legislature and administrative agencies to protect clean
water.
11:37:21 AM
RAYMOND SENSMEIER, SELF, YAKUTAT (via teleconference),
testified in opposition to the bill as written. He read
from a prepared letter (copy on file):
On August 26 the Yakutat Tlingit Tribal Council
unanimously voted to seek Tier 3 Natural Resource
Water Designation, The Yakutat Tlingit Tribal Council
represents Yakutat Tlingit Tribe (Petitioners) in
nominating the Yakutat Forelands for ONRW status and
protection under 18 AAC 70.015(a)(3). To qualify as a
Tier 3, or ONRW water, one of two criteria must be
met. The water must either be in a national or state
park or wildlife refuge or be a water with exceptional
recreational or ecological significance (Emphasis
added). Under these criteria the Yakutat Forelands
qualify as both an exceptional recreational area and
as having special ecological significance.
Additionally, these lands contain many historic,
traditional, sacred and cultural sites vital to the
Yakutat Tlingit Tribe. The area is currently under
congressionally designated protection and within an
inventoried Roadless Area.
Even though the State of Alaska has no nomination
producers yet in place, the federal antidegradation
policy provides guidance for Petitioners. ONRW
designation offers special protection for waters of
"exceptional ecological significance." These are water
bodies that are important, unique, or sensitive
ecologically, but whose water quality, as measures by
the traditional parameters such as dissolved oxygen or
pH. may not be particularly high or whose
characteristics cannot be adequately described by
these parameters (such as wetlands).
Guidance for developing implementation methods for
antidegradation policies is provided through EPA's
Regional Offices.
[This 9 page document, in its entirety, can be found on
BASIS under the bill]
11:43:36 AM
ROSEMARIE HOTCH, SELF, ANCHORAGE (via teleconference),
testified against the bill as written. She felt that the
legislation was example of Alaska Natives being maligned in
waste water issue discussions. He hoped that the
legislature could move forward with legislation that
supported protecting Alaska's waters.
11:45:52 AM
Co-Chair MacKinnon CLOSED public testimony.
Co-Chair MacKinnon discussed housekeeping.
11:47:30 AM
RICK SOLIE, Alaska Miners Association, FAIRBANKS (via
teleconference), testified against the bill as written. He
expressed that that the association had significant
concerns with regard to AS 46.03.185, and believed that Sub
section (a) should be removed from the bill. He hoped that
the association could work with the committee to craft a
bill that would address the situation and allow the
administration to comply with EPA requirements.
11:49:32 AM
Co-Chair Kelly refuted previous testimony that the bill
would make it harder for Alaskans to protect clean water
than for corporations to pollute waters. He contended that
corporations kept water clean and offered the Red Dog Mine
as an example. He furthered that fishing improved in areas
of mining because industry was required to put cleaner
water back into watersheds than had been naturally
existing.
SB 163 was HEARD and HELD in committee for further
consideration.
11:50:51 AM
Co-Chair MacKinnon discussed housekeeping.
ADJOURNMENT
11:51:35 AM
The meeting was adjourned at 11:51 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 8 Public Testimony Packet 1.pdf |
SFIN 4/9/2016 10:00:00 AM |
SB 8 |