Legislature(1993 - 1994)
04/08/1993 03:40 PM Senate RES
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE RESOURCES COMMITTEE
April 8, 1993
3:40 p.m.
MEMBERS PRESENT
Senator Mike Miller, Chairman
Senator Loren Leman, Vice Chairman
Senator Steve Frank
Senator Drue Pearce
Senator Fred Zharoff
MEMBERS ABSENT
Senator Al Adams
Senator Dave Donley
COMMITTEE CALENDAR
SENATE BILL NO. 103
"An Act relating to air quality control and the prevention,
abatement, and control of air pollution; and providing for
an effective date."
HOUSE CONCURRENT RESOLUTION NO. 16
Relating to establishing the coal policy of the state.
PREVIOUS SENATE COMMITTEE ACTION
SB 103 - See Resources minutes dated 2/17/93.
HCR 16 - No previous action to record.
WITNESS REGISTER
Russell Heath, Director
Alaska Environmental Lobby
P.O. Box 22151
Juneau, Alaska 99802
POSITION STATEMENT: Opposed SB 103.
Aimee Boulanger
Alaska Center for the Environment
519 W 8th Ave., Suite 201
Anchorage, Alaska 99501
POSITION STATEMENT: Opposed SB 103.
Eric Myers
6710 Potter Heights
Anchorage, Alaska 99516
POSITION STATEMENT: Opposed SB 103.
Resa Jerrel
National Federation of Independent Businesses
9159 Skywood Lane
Juneau, Alaska 99801
POSITION STATEMENT: Supported SB 103.
Bob Stiles
Alaska Coal Association
1227 W 9th, No. 201
Anchorage, Alaska 99501
POSITION STATEMENT: Supported HCR 16.
Charlie Boddy
Alaska Miners Association
1129 Kodiak Street
Fairbanks, Alaska 99709
POSITION STATEMENT: Supported HCR 16.
ACTION NARRATIVE
TAPE 93-20, SIDE A
Number 001
SENATOR MILLER called the Resources Committee meeting to
order at 3:40 p.m. and announced SB 103 AIR QUALITY CONTROL
PROGRAM
to be up for consideration.
RUSSELL HEATH, Director, Alaska Environmental Lobby, opposed
SB 103, because he said it is not the bill that was crafted
by the working committee last year which they participated
in and supported.
He opposed SB 103, because it fails to protect the quality
of Alaska's air, restricts the public's right to influence
public policy, and restricts the rights of local governments
to control the quality of the air in their own communities
and neighborhoods. Also, the fee structure in SB 103
subverts the key intent of the Clean Air Act which is to
reduce emissions. Logically, the size of the fee should be
tied to the amount emitted, but in SB 103 it is tied to the
per-hour cost to DEC to process the permit application which
encourages letter-perfect applications, not less pollution.
MR. HEATH stated that he was not allowed to participate at
the Senate Resources subcommittee level and said there were
provisions in this legislation that make it impossible for
state or local governments to require standards more
stringent than those required by the federal Clean Air Act.
Number 243
SENATOR LEMAN said he was one of the three members of the
subcommittee and didn't see their work as being in favor of
any industry. He thought SB 103 was a very fair bill and
that a representative from his organization would have been
invited if they had asked to attend. SENATOR MILLER agreed.
Number 243
SENATOR LEMAN moved to adopt the CS to SB 103 for purposes
of discussion. There were no objections and it was so
ordered.
Number 244
AIMEE BOULANGER, Community Coordinator for Pollution Issues
for the Alaska Center for the Environment, said this is not
the bill they had originally supported. They cannot support
SB 103. She said she did attend the subcommittee's meeting
while they were working on SB 103, but she did not feel it
was appropriate to interrupt their meeting to comment. The
public has been cut out of the process of influencing the
course of progress in their own neighborhoods and cut out of
the process of deciding what is an acceptable risk for their
own families.
SB 103 does not create an incentive or rewards for business
to prevent pollution, she continued. Section 010 is
absolutely unacceptable for the basic health needs of
Alaskans.
Number 340
SENATOR MILLER commented that if she would have asked to
come to the table, she would have been welcome.
ERIC MYERS, Anchorage, said he served on the DEC Air Quality
Advisory Work Group as a representative of the general
public. He said the timber industry did not act in good
faith to come to reach a consensus. Subsection (c) 2 which
requires that a proposed standard is technologically and
economically feasible, he commented, restricts what is good
for the public health and well being and should not be
dictated by whether it is economically feasible - although
it would probably be a rare instance.
SENATOR FRANK commented that if you are going to shut
businesses down, the legislature should be in a position to
make that policy determination rather than just abrogating
that authority and responsibility to the regulating
authority. MR. MYERS said clean air should not be raised to
an absolute standard of being economically feasible.
Number 433
RESA JERREL, National Federation of Independent Businesses,
said normally she is not involved in this type of issue, but
in 1991 she put it out as a ballot question to her members.
The question being, should DEC regulations be restricted to
federal standards? Sixty one percent came back and said
yes, they should be restricted to just the federal standard.
She said the Governor's Task Force on Regulatory Reform in
March recommended all departments be restricted to federal
standards. She supported Sections 010 and 015 particularly.
Number 454
SENATOR FRANK asked what the remaining percentages were.
MS. JERREL replied that 61% said yes, 33% no, and 6% were
undecided.
SENATOR FRANK moved to pass CS to SB 103 from committee with
individual recommendations and asked for unanimous consent.
There were no objections and it was so ordered.
Number 463
SENATOR MILLER announced HCR 16 ESTABLISH STATE COAL POLICY
to be up for consideration.
BOB STILES, President, Alaska Coal Association (ACA),
supported HCR 16, because the policy reflects the work of a
lot of the membership of the ACA as well as other industrial
organizations throughout the state. This legislation sends
a message to the international investment community and
international customers for Alaskan coal that Alaska is a
good place to do business. This perception is tremendously
important and of value to the long-term future of the state.
Number 490
SENATOR FRANK asked if he expected a domestic market to be
viable? MR. STILES replied yes, that the domestic market is
in two places - Hawaii, which is currently importing
Indonesian coal, and in the state of Washington.
SENATOR FRANK asked what the chances for waiving the Jones
Act were. MR. STILES said there are numerous waivers to the
Jones Act. The State Ferry System has a waiver to the Jones
Act, for instance. He believes there is a good possibility
of getting a Jones Act exemption and, given that exemption,
opens some potential markets to Alaskan coal that are not
now available to us.
Number 508
CHARLIE BODDY, Alaska Coal Association and Alaska Miners
Association, said they supported HCR 16.
SENATOR LEMAN moved to discharge HCR 16 from committee with
individual recommendations and accompanying fiscal note.
There were no objections and it was so ordered.
SENATOR MILLER adjourned the meeting at 4:20 p.m.
| Document Name | Date/Time | Subjects |
|---|