Legislature(2019 - 2020)BUTROVICH 205
04/08/2019 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SB51 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 51 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE RESOURCES STANDING COMMITTEE
April 8, 2019
3:31 p.m.
MEMBERS PRESENT
Senator Chris Birch, Chair
Senator John Coghill, Vice Chair
Senator Cathy Giessel
Senator Lora Reinbold
Senator Click Bishop
Senator Scott Kawasaki
Senator Jesse Kiehl
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 51
"An Act requiring the designation of state water as outstanding
national resource water to occur by law; relating to the
authority of the Department of Environmental Conservation, the
Department of Fish and Game, and the Department of Natural
Resources to nominate water for designation as outstanding
national resource water; relating to management of outstanding
national resource water by the Department of Environmental
Conservation; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 51
SHORT TITLE: NATL. RES. WATER NOMINATION/DESIGNATION
SPONSOR(s): RESOURCES
02/11/19 (S) READ THE FIRST TIME - REFERRALS
02/11/19 (S) RES, FIN
03/15/19 (S) RES AT 3:30 PM BUTROVICH 205
03/15/19 (S) Heard & Held
03/15/19 (S) MINUTE(RES)
03/20/19 (S) RES AT 3:30 PM BUTROVICH 205
03/20/19 (S) Heard & Held
03/20/19 (S) MINUTE(RES)
03/27/19 (S) RES AT 3:30 PM BUTROVICH 205
03/27/19 (S) Heard & Held
03/27/19 (S) MINUTE(RES)
04/03/19 (S) RES AT 3:30 PM BUTROVICH 205
04/03/19 (S) <Bill Hearing Canceled>
04/08/19 (S) RES AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
JENNIFER CURRIE, Senior Assistant Attorney General
Civil Division
Environmental Section
Alaska Department of Law
Juneau, Alaska
POSITION STATEMENT: Offered to answer questions regarding her
opinion letter for SB 51.
EMILY NAUMAN, Deputy Director
Legal Services
Legislative Affairs Agency
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Offered to answer questions regarding her
memo that addressed committee questions related to SB 51.
ACTION NARRATIVE
3:31:59 PM
CHAIR CHRIS BIRCH called the Senate Resources Standing Committee
meeting to order at 3:31 p.m. Present at the call to order were
Senators Giessel, Kiehl, Reinbold, Bishop, Kawasaki, Coghill,
and Chair Birch.
SB 51-NATL. RES. WATER NOMINATION/DESIGNATION
3:32:23 PM
CHAIR BIRCH announced the consideration of Senate Bill 51 (SB
51).
3:32:39 PM
SENATOR COGHILL moved to adopt the committee substitute (CS) for
SB 51, version 31-LS0375\R, as the working document.
CHAIR BIRCH announced that without objection the CS for SB 51 is
the working document.
He detailed that the committee is hearing SB 51 for the fourth
time and his intention is to take amendments and hold SB 51 in
committee.
He noted that during the previous hearing on SB 51 there were
requests for legal analysis from the Department of Law and
Legislative Legal Services.
3:33:42 PM
JENNIFER CURRIE, Senior Assistant Attorney General, Civil
Division, Environmental Section, Alaska Department of Law,
Anchorage, Alaska, said she was available to answer questions
regarding her April 5, 2019 opinion letter for SB 51 that reads
as follows:
This letter sets out information regarding Tier 3
waters and the regulatory effect of a Tier 3
designation. It also sets out current Alaska Supreme
Court law regarding how to evaluate whether a
citizen's initiative constitutes initiative
constitutes an appropriation of state assets.
CHAIR BIRCH announced that Emily Nauman from Legal Services was
available to answer questions regarding her memo to the Senate
Resources Committee.
3:34:22 PM
EMILY NAUMAN, Deputy Director, Legal Services, Division of Legal
and Research Services, Legislative Affairs Agency, Alaska State
Legislature, Juneau, Alaska, said she is available to answer
questions regarding her March 29, 2019 memo related to SB 51.
CHAIR BIRCH noted that the Department of Environmental
Conservation (DEC) presented committee members with a document
related to an email conversation DEC had with the Environmental
Protection Agency (EPA) about the ability to rescind Tier 3
water designation. He announced that DEC is online and available
to provide additional information.
He announced that the committee will take amendments on SB 51.
3:35:26 PM
SENATOR GIESSEL moved to adopt Amendment 1, labeled 31-
LS0375\R.8.
31-LS0375\R.8
Nauman
4/3/19
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR GIESSEL
TO: CSSB 51(RES), Draft Version "R"
Page 1, line 11:
Delete "law"
Insert "statute"
3:35:34 PM
SENATOR KAWASAKI objected for discussion purposes.
SENATOR GIESSEL explained that Amendment 1 addresses the word
"law" on page 1, line 11. It says, "regulation, only by law."
The amendment would change that to state, "regulation, only by
statute."
She noted that originally, she had suggested that the word, "by
the legislature" be substituted; however, Ms. Nauman's memo
dated March 29, 2019 said:
3. Could changing "by law" to "by the legislature"
preclude a waterbody from being designated as
outstanding national resource water by initiative?
Whether or not an outstanding national resource water
could be designated by initiative is discussed in part
one of this memorandum. However, use of the phrase "by
the legislature" is problematic. It does not seem to
acknowledge that the governor has veto authority over
bills. Also, it creates an ambiguity about whether or
not an outstanding national resource water could be
designated by resolution.
She explained that Ms. Nauman's recommendation suggested that
the use of the word "statute" is clearer, adding that Ms. Nauman
articulated her reasoning on page 2, item 2.
3:37:11 PM
SENATOR KAWASAKI withdrew his objection to Amendment 1.
3:37:18 PM
CHAIR BIRCH announced that without objection Amendment 1 passed.
3:37:29 PM
SENATOR GIESSEL moved to adopt Amendment 2, labeled 31-
LS0375\R.10.
31-LS0375\R.10
Nauman
4/5/19
AMENDMENT 2
OFFERED IN THE SENATE BY SENATOR GIESSEL
TO: CSSB 51(RES), Draft Version "R"
Page 1, lines 2 - 6:
Delete "relating to the authority of the Department of
Environmental Conservation, the Department of Fish and
Game, and the Department of Natural Resources to
nominate water for designation as outstanding national
resource water; relating to management of outstanding
national resource water by the Department of
Environmental Conservation;"
Page 1, line 9:
Delete "(a)"
Page 1, line 12, through page 2, line 13:
Delete all material.
3:37:34 PM
SENATOR KAWASAKI objected for discussion purposes.
SENATOR GIESSEL explained that the proposed changes will reduce
the bill to two sections. There are no subsections in Section 1
because the language gets into defining the waters designation
process. She emphasized that the purpose of the bill was to
define the authority for designating the waters and the
amendment simply refines and targets to that subject.
3:39:38 PM
SENATOR KAWASAKI summarized that the amendment removes
everything in the bill except for the process in statute. He
asked her to explain how the department will be implementing the
statute.
SENATOR GIESSEL answered that the purpose of the bill is to
fulfill the EPA requirement that the state have in place a
mechanism to declare the waters. She pointed out that there is
nothing in the bill that precludes DEC from receiving
nominations, something that is already part of the process.
CHAIR BIRCH asked if Senator Kawasaki maintained his objection.
SENATOR KAWASAKI replied that he will withdraw his objection. He
opined that the bill would be better if what the legislature
would clarify what it wanted to do.
3:41:34 PM
SENATOR KIEHL objected to Amendment 2.
He explained that the original version of the bill sets an
authority and process where the department gets an application
from citizens, tribes, whomever. The department looks at an
application and makes a recommendation, but the authority
clearly lies with the legislature.
He said with the amendment he questioned who would ever go to
DEC or the Alaska Department of Fish and Game about the waters
designation issue because there is no established framework for
agencies to provide their expertise to make a recommendation,
whether yes or no. He asserted that the bill should set agency
guidelines, but to take agencies out entirely takes the state in
a different direction.
He said he will maintain his objection.
CHAIR BIRCH explained that the amendment clarifies the waters
designation approval process where the majority of the
legislature is required to do so. Designation would be incumbent
upon the legislature to require additional information,
engagement, or public comment if required.
3:43:18 PM
A roll call vote was taken. Senators Birch, Bishop, Coghill,
Giessel, and Reinbold voted in favor of Amendment 2 and Senators
Kawasaki and Kiehl voted against it. Therefore, Amendment 2
passed by a 5:2 vote.
3:43:54 PM
SENATOR GIESSEL moved Amendment 3, labeled 31-LS0375\R.9.
31-LS0375\R.9
Nauman
4/5/19
AMENDMENT 3
OFFERED IN THE SENATE BY SENATOR GIESSEL
TO: CSSB 51(RES), Draft Version "R"
Page 1, following line 7:
Insert a new bill section to read:
"* Section 1. The uncodified law of the State of
Alaska is amended by adding a new section to read:
LEGISLATIVE INTENT. (a) It is the intent of the
legislature to continue to contest the authority of
the United States Environmental Protection Agency to
(1) preempt a decision of the legislature
related to the development of state land or water,
including by designating water as outstanding national
resource water;
(2) control the authority of the
legislature to decide which land or water should be
off limits to development; and
(3) determine whether to remove an
outstanding national resource water designation.
(b) The legislature encourages the attorney
general to defend the state's sovereign interests in
matters related to designation of water as outstanding
national resource water, especially designations that
limit development of land selected by the state under
sec. 6 of the Alaska Statehood Act of 1958 (P.L. 85-
508; 72 Stat. 339), as amended."
Page 1, line 8:
Delete "Section 1"
Insert "Sec. 2"
Renumber the following bill section accordingly.
3:44:01 PM
SENATOR COGHILL objected for discussion purposes.
SENATOR GIESSEL explained that Amendment 3 is uncodified law
that is essentially calling out the State of Alaska's 10th
Amendment right. Amendment 3 is intent language which pushes
back against federal commandeering. She defined "commandeering"
as follows:
Commandeering refers to a federal requirement that
state officials enact, administer, or enforce a
federal regulatory program.
She opined that the 10th Amendment is quite clear that there is
a separation of powers and that separation preserved state
sovereignty when the 10th Amendment was written. The intent
language in the amendment is calling out that the State of
Alaska continues to question the authority of the federal
government to force the state into a federally-mandated program.
SENATOR REINBOLD thanked Senator Giessel for offering the
amendment. She said she is a big believer in state's rights.
3:45:34 PM
SENATOR COGHILL removed his objection.
3:45:41 PM
CHAIR BIRCH announced that without objection, Amendment 3
passed.
He noted that the committee has three additional amendments by
Senator Kawasaki, all of which relate to subsection (b) of the
bill, which were removed by Amendment 2. He asked Senator
Kawasaki if he wished to offer his amendments.
SENATOR KAWASAKI answered no.
3:46:00 PM
CHAIR BIRCH held SB 51 in committee.
3:46:21 PM
There being no further business to come before the committee,
Chair Birch adjourned the Senate Resources Standing Committee
meeting at 3:46 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB51 Amendments 4.8.19.pdf |
SRES 4/8/2019 3:30:00 PM |
SB 51 |
| SB51 DOL Letter to SRES 4.5.19.pdf |
SRES 4/8/2019 3:30:00 PM |
SB 51 |
| SB51 Legal Services Memo 3.29.19.pdf |
SRES 4/8/2019 3:30:00 PM |
SB 51 |
| SB51 EPA Email to DEC Re Undesignation 1.29.16.pdf |
SRES 4/8/2019 3:30:00 PM |
SB 51 |
| SB51 Laura Stats Email 4.1.19.pdf |
SRES 4/8/2019 3:30:00 PM |
SB 51 |
| SB51 George Campbell Email 3.27.19.pdf |
SRES 4/8/2019 3:30:00 PM |
SB 51 |
| SB51 Lynette Campbell Email 3.27.19.pdf |
SRES 4/8/2019 3:30:00 PM |
SB 51 |
| SB51 SEACC Letter 4.2.19.pdf |
SRES 4/8/2019 3:30:00 PM |
SB 51 |