Legislature(2015 - 2016)BUTROVICH 205
04/13/2015 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| HB153 | |
| SB57 | |
| SB101 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| HB 100 | |||
| + | HB 41 | TELECONFERENCED | |
| + | HB 153 | TELECONFERENCED | |
| += | SB 57 | TELECONFERENCED | |
| += | SB 101 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE RESOURCES STANDING COMMITTEE
April 13, 2015
3:31 p.m.
MEMBERS PRESENT
Senator Cathy Giessel, Chair
Senator Mia Costello, Vice Chair
Senator John Coghill
Senator Peter Micciche
Senator Bert Stedman
Senator Bill Stoltze
Senator Bill Wielechowski
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 153(RES)
"An Act expanding the Palmer Hay Flats State Game Refuge."
- MOVED SCS CSHB 153(RES) OUT OF COMMITTEE
SENATE BILL NO. 57
"An Act relating to the development of state emission standards
in accordance with the federal Clean Air Act."
- HEARD AND HELD
SENATE BILL NO. 101
"An Act relating to fees for use of state park system
facilities; and relating to the sale of merchandise by the
Department of Natural Resources."
- MOVED CSSB 101(RES) OUT OF COMMITTEE
CS FOR HOUSE BILL NO. 100(FIN)
"An Act establishing a credit against the net income tax for an
in-state processing facility that manufactures urea, ammonia, or
gas-to-liquid products; relating to establishing the value of
the state's royalty share of gas production based on contracts
with certain in-state processing facilities that manufacture
urea, ammonia, or gas-to- liquid products; and providing for an
effective date."
- SCHEDULED BUT NOT HEARD
CS FOR HOUSE BILL NO. 41(FIN) am
"An Act relating to sport fishing services, sport fishing
operators, and sport fishing guides; and providing for an
effective date."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 153
SHORT TITLE: PALMER HAY FLATS GAME REFUGE
SPONSOR(s): REPRESENTATIVE(s) COLVER
03/20/15 (H) READ THE FIRST TIME - REFERRALS
03/20/15 (H) RES
03/30/15 (H) RES AT 1:00 PM BARNES 124
03/30/15 (H) Moved CSHB 153(RES) Out of Committee
03/30/15 (H) MINUTE(RES)
03/31/15 (H) RES RPT CS(RES) 8DP
03/31/15 (H) DP: HERRON, JOHNSON, SEATON, TARR,
JOSEPHSON, OLSON, HAWKER, TALERICO
04/08/15 (H) TRANSMITTED TO (S)
04/08/15 (H) VERSION: CSHB 153(RES)
04/09/15 (S) READ THE FIRST TIME - REFERRALS
04/09/15 (S) RES
04/13/15 (S) RES AT 3:30 PM BUTROVICH 205
BILL: SB 57
SHORT TITLE: CLEAN AIR ACT PLAN
SPONSOR(s): SENATOR(s) GIESSEL
02/20/15 (S) READ THE FIRST TIME - REFERRALS
02/20/15 (S) NRG, RES
03/17/15 (S) NRG AT 1:00 PM BUTROVICH 205
03/17/15 (S) Moved CSSB 57(NRG) Out of Committee
03/17/15 (S) MINUTE(NRG)
03/18/15 (S) NRG RPT CS 3DP 1NR NEW TITLE
03/18/15 (S) DP: MICCICHE, BISHOP, EGAN
03/18/15 (S) NR: HOFFMAN
03/18/15 (S) FIN REFERRAL ADDED AFTER RES
03/18/15 (S) RES AT 3:30 PM BUTROVICH 205
03/18/15 (S) Heard & Held
03/18/15 (S) MINUTE(RES)
03/20/15 (S) RES AT 3:30 PM BUTROVICH 205
03/20/15 (S) Heard & Held
03/20/15 (S) MINUTE(RES)
03/25/15 (S) FIN AT 2:00 PM SENATE FINANCE 532
03/25/15 (S) <Pending Referral>
03/27/15 (S) RES AT 3:30 PM BUTROVICH 205
03/27/15 (S) Scheduled but Not Heard
04/13/15 (S) RES AT 3:30 PM BUTROVICH 205
BILL: SB 101
SHORT TITLE: STATE PARKS FEES & SALES OF MERCHANDISE
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
04/08/15 (S) READ THE FIRST TIME - REFERRALS
04/08/15 (S) RES, FIN
04/10/15 (S) RES AT 3:30 PM BUTROVICH 205
04/10/15 (S) Heard & Held
04/10/15 (S) MINUTE(RES)
04/13/15 (S) RES AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
REPRESENTATIVE COLVER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 153.
WYN MENEFEE, Chief of Operations
Division of Mining, Land and Water
Department of Natural Resources (DNR)
Anchorage, Alaska
POSITION STATEMENT: Commented on HB 153.
BRUCE DALEN, Acting Director
Division of Wildlife Conservation
Alaska Department of Fish and Game (ADF&G)
POSITION STATEMENT: Commented on HB 153.
HERMAN GRIESE
Alaskans for Palmer Hay Flats Game Refuge
Palmer, Alaska
POSITION STATEMENT: Supported HB 153.
TOM ROTHE, representing himself,
Eagle River, Alaska
POSITION STATEMENT: Supported HB 153.
VIVIAN STIVER, staff to Senator Giessel
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained the proposed changes in the
committee substitute (CS) for SB 57 for the sponsor.
BEN ELLIS, Director
Division of Parks and Outdoor Recreation
Department of Natural Resources (DNR)
Anchorage, Alaska
POSITION STATEMENT: Commented on SB 101.
AKIS GIALOPSOS, staff to Senator Giessel
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Commented on the committee substitute to SB
101 for the sponsor.
ACTION NARRATIVE
3:31:38 PM
CHAIR CATHY GIESSEL called the Senate Resources Standing
Committee meeting to order at 3:31 p.m. Present at the call to
order were Senators Coghill, Costello, Stoltze, and Chair
Giessel.
HB 153-PALMER HAY FLATS GAME REFUGE
3:32:21 PM
CHAIR GIESSEL announced consideration of HB 153 [CSHB 153(RES),
version E, was before the committee].
REPRESENTATIVE COLVER, Alaska State Legislature, Juneau, Alaska,
as sponsor, introduced HB 153. He explained that it expands the
Palmer Hay Flats State Game Refuge, which was established in
1975, to basically encompass the deltas of the Matanuska and
Knik Rivers, Cottonwood Creek and Wasilla Creek, all areas that
had dropped two feet in the 1964 Earthquake. A lot of it was
uplands before it dropped and became salt water marshes. The
estuary is important for water fowl, and shorebirds; it also has
a lot of overwintering moose, because the browse is readily
available and the snow is not deep. It's a multi-use management
area managed by the Alaska Department of Fish and Game (ADF&G)
with a management plan. Common activities are bird hunting,
water fowl hunting, viewing at Reflection Lake, moose hunting,
trapping, bird dog training and sport fishing; the Machetanz
Elementary School is also located in the area and sent about 200
letters in support of the refuge expansion.
3:33:07 PM
SENATOR MICCICHE joined the committee.
REPRESENTATIVE COLVER said this bill came about because the
Board of Game passed a proposal recommending that the
legislature add state-owned lands to the refuge. The available
lands were traded to the state for the specific purpose of being
included in the refuge and have been managed as such. This
includes 2,900 acres that were acquired as far back as 1989.
He explained that motorized vehicles are allowed and the
management plan has conditions for things like snow machining
and designated trails for motorized four-wheelers because of
certain wetland areas.
3:36:00 PM
SENATOR WIELECHOWSKI joined the committee.
SENATOR COSTELLO moved to adopt the work draft SCS CSHB 153( ),
labeled 29-LS0653\N, as the working document.
CHAIR GIESSEL objected for discussion purposes.
REPRESENTATIVE COLVER said other lands were acquired that were
managed by DNR through an Interagency Land Management Assignment
Plan (ILMA) and displayed maps of the refuge and the parcels
being moved into it. He said the CS on page 3, lines 25 through
page 4, line 1, adds a legal description of the ILMA lands that
explicitly excludes the Railroad right-of-way from inclusion in
the refuge.
SENATOR MICCICHE said he saw letters of support only and asked
if there had been any opposition.
REPRESENTATIVE COLVER answered that HB 153 had received no
opposition and had reached out to sporting groups like Ducks
Unlimited, the Outdoor Council and some conservation groups.
3:41:37 PM
SENATOR MICCICHE remarked that the letters from the kids were
pretty incredible.
SENATOR COGHILL said there was a question on covenants and asked
what things were restricted on this particular refuge.
REPRESENTATIVE COLVER said he wasn't that well versed and that
the department could better address that.
3:42:49 PM
WYN MENEFEE, Chief of Operations, Division of Mining, Land and
Water, Department of Natural Resources (DNR), Anchorage, Alaska,
answered that the ADF&G manages the refuge and the DNR co-
manages if there are certain types of easements for power lines
and such; those are allowed within the refuge.
3:43:25 PM
BRUCE DALEN, Acting Director, Division of Wildlife Conservation,
Alaska Department of Fish and Game (ADF&G), explained that when
property was acquired through Great Land Trust, Nature
Conservancy and others, the deeds had restrictions for refuge
purposes only. The management plan for the refuge that would
apply to these lands include snow machine use before the ground
is sufficiently frozen and there is sufficient snow for snow
machine use, a seasonal horsepower restriction for boats and a
restriction of 4-wheelers to trails.
SENATOR COGHILL said he was concerned that at one end they are
closer to the occupied areas and the other end is closer to
wilderness and asked if bow hunting was restricted.
MR. DALEN answered that the Palmer Wasilla management area,
which encompasses much of this area, is a weapons restricted
hunt, so large caliber rifles are not permitted, but that is not
specific to the refuge.
CHAIR GIESSEL removed her objection and said the Senate CS,
version N, is adopted. She opened public testimony.
3:45:49 PM
HERMAN GRIESE, Alaskans for Palmer Hay Flats Game Refuge,
Palmer, Alaska, supported HB 153. He was a Palmer wildlife
biologist while the conservation lands were being accumulated
but not being added to the refuge. The refuge had no manager
until the later part of the 1990s. They dealt with trash at all
the access sites; one was commonly referred to "Rambo Rest
Stop." Those sites required a tremendous amount of effort to
maintain cleanliness over the years, but in 2004 a group of
citizens called the Alaskans for Palmer Hay Flats Game Refuge
was formed to take that task on and became a 501 (c)(3) in 2006.
Their goal was to improve the access sites for cleanliness and
make them amenable to bringing school classes down for education
programs.
The Cottonwood Creek and Reflections Lake, Knik River (has boat
access) and Rabbit Slew are the primary access points to the
refuge. This bill would include those and a very important site
on the western side, the Cowboy Creek access. It would be good
to have entire tract in the refuge and the sponsor had worked
very hard to make sure it meets the requirements of the refuge.
3:50:31 PM
SENATOR STEDMAN joined the committee.
TOM ROTHE, representing himself, Eagle River, Alaska, supported
HB 153. He and his wife often use the Palmer Hay Flats Refuge
for hunting water fowl. He is the one who wrote a proposal to
the Board of Game (BOG) to amend the refuge boundaries to
redefine the legal area to include the new conservation lands
that were available to the state. He also worked for ADF&G for
25 years as a water fowl coordinator; part of his duties were to
manage wetland habitats useful for ducks and geese, including
the managing the State Duck Stamp Program, which provided some
funding as seed money to enhance management of places like
Palmer Hay Flats.
He emphasized that this is a win-win situation, because the
people who own this land ended up owning a lot of wetlands that
are unbuildable due to subsidence from the earthquake and
various other events that made the whole area wetlands. When
ADF&G partnered with other conservation groups and private
interests, it was an opportunity for non-governmental folks go
to those owners and offer them a fair value for their lands
along with some tax incentives. Ultimately, the various partners
brought over $1.5 million, mostly private dollars, to the table.
Conservation grants were used along with State Duck Stamp and
Sport Fishing Access funds as seed money to get these
transaction done. So, there was almost no cost to the state to
acquire these 3,000 or so acres. The ultimate winners are the
public who gets access where before it would have been
trespassing. They get fish and wildlife habitat, like wetlands
and shrub lands that are good for moose habitat, and streams
that are running with salmon.
3:54:26 PM
MR. ROTHE said he got into this ultimately, because he felt like
including these legally into the refuge really fulfilled
promises to all the partners that stepped up with money to
provide the public with these benefits.
He said these lands came to the state with covenants on them but
generally say these lands should be used for refuge purposes,
and they are subject to a really good comprehensive management
plan and a set of regulations to make sure the use is diverse
but reasonable.
CHAIR GIESSEL thanked him for his efforts and finding no further
comments, closed public testimony.
SENATOR STOLTZE said he appreciated Representative Colver's
efforts.
3:56:58 PM
SENATOR COSTELLO moved to report SCS CSHB 153(RES), version N,
from committee with individual recommendations and attached zero
fiscal note. There were no objections and it was so ordered.
3:57:39 PM
At ease from 3:57 to 3:59 p.m.
SB 57-CLEAN AIR ACT PLAN
3:59:13 PM
CHAIR GIESSEL announced consideration of SB 57.
SENATOR COSTELLO moved to adopt the work draft CSSB 57( ),
labeled 29-LS0523\S, as the working document.
CHAIR GIESSEL objected for discussion purposes.
VIVIAN STIVER, staff to Senator Giessel, Alaska State
Legislature, Juneau, Alaska, explained the proposed changes in
the committee substitute (CS) for SB 57 for the sponsor. The
first change is on page 1, lines 9-12, where it had once
required the department to develop a state plan that would not
result a list of effects. New language says:
The department may not submit a plan, waiver or
exemption to the United States Environmental
Protection Agency unless the department includes with
the plan, waiver or exemption a description of the
effects of the plan, waiver or exemption on that list
of criteria.
The second change was made in Section (c) on page 3, line 8,
that directed the plan's report to the legislature to now being
given to legislators.
4:01:06 PM
CHAIR GIESSEL removed her objection and finding no further
objections, said that Version S [of CSSB 57( )] is adopted.
SENATOR COGHILL said the impacts are a big deal and gathering
that information by way of public testimony is going to be an
important part.
SENATOR STEDMAN said he felt the same sentiment that Senator
Coghill just reflected upon.
CHAIR GIESSEL held SB 57 in committee for further discussions
over the Interim.
SB 101-STATE PARKS FEES & SALES OF MERCHANDISE
CHAIR GIESSEL announced consideration of SB 101.
SENATOR COSTELLO moved to adopt the work draft CSSB 101 ( ),
labeled 29-GS1040\W, as the working document.
CHAIR GIESSEL objected for discussion purposes.
BEN ELLIS, Director, Division of Parks and Outdoor Recreation,
Department of Natural Resources (DNR), Anchorage, Alaska, asked
for a copy of the new committee substitute (CS).
4:03:29 PM
AKIS GIALOPSOS, staff to Senator Giessel, Alaska State
Legislature, Juneau, Alaska, explained that the changes in the
CS to SB 101 reflect a deletion of sections 2 and 3 of the prior
working document. Those sections enabled the DNR to engage in
the procurement and sale of merchandise for a cost and a sale
price that would be in excess of the department's cost. This
bill clarifies the ambiguity that Senator Wielechowski asked for
of whether or not it is legal to procure a rental of a public
cabin or parking permit through electronic means rather than
just within a park unit as is currently in statute.
CHAIR GIESSEL removed her objection and finding no further
objections said that version W is adopted.
SENATOR WIELECHOWSKI thanked the director for supplying that
language change and asked if the department selling merchandise
is being taken out of the bill.
MR. ELLIS answered that was correct.
SENATOR WIELECHOWSKI said he thought the fundamental reason the
division asked for the change is because they wanted to sell
merchandise.
MR. ELLIS responded that was correct, also. The original purpose
of the bill was to raise revenue through another revenue stream
outside of fee increases. In that research they noticed a
technical amendment was needed to update the statute up to
current uses of the internet.
4:06:10 PM
Concerns have been stated about the government being in the
business of business and another model was suggested that was
much closer to the Alaska Grown model. The Division of
Agriculture does not have the statutory authority to sell Alaska
Grown anything, although they have the trademark. It is used
judiciously through non-profits. A non-profit has a series of
requirements to meet before the Alaska Grown trademark can be
applied. The director said they did not receive any revenue from
it. So, he asked the chair if he could look at another model
than the South Carolina model (that made over $2.7 million over
what the program cost).
CHAIR GIESSEL said it seems like this is something he would like
to do as soon as possible and that is why she felt that breaking
the bill up would let further research be done.
SENATOR STOLTZE said it's not his intent to throw a wet blanket
over the good intentions of this division, but he had real
trepidations about the state trying to set up a retail business.
MR. ELLIS said he wanted to bring the very best revenue
enhancing sources that he can and he had not looked at other
models as closely as this one, and he will be back with a lot
more information on other models.
CHAIR GIESSEL removed her objection and finding no further
objections said that version W of [CSSB 101 ( )] is adopted.
4:11:28 PM
SENATOR WIELECHOWSKI said he was compelled to thank Mr. Ellis
and told him to please come back. He supported the section that
was taken out.
4:12:31 PM
SENATOR MICCICHE said he was also disappointed and applauded him
for bringing it forward and hoped it could be worked out.
CHAIR GIESSEL opened public testimony and finding none, closed
it.
SENATOR COSTELLO moved to report CSSB 101(RES), version W, from
committee with individual recommendations and attached fiscal
note(s). There were no objections and it was so ordered.
4:15:24 PM
CHAIR GIESSEL adjourned the Senate Resources Committee meeting
at 4:15 p.m.