04/04/2022 03:30 PM Senate RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| SB85 | |
| SB223 | |
| HB148 | |
| HB209 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 85 | TELECONFERENCED | |
| += | SB 223 | TELECONFERENCED | |
| += | HB 148 | TELECONFERENCED | |
| += | HB 209 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE RESOURCES STANDING COMMITTEE
April 4, 2022
4:00 p.m.
MEMBERS PRESENT
Senator Peter Micciche, Vice Chair
Senator Gary Stevens
Senator Natasha von Imhof
Senator Jesse Kiehl
MEMBERS ABSENT
Senator Joshua Revak, Chair
Senator Click Bishop
Senator Scott Kawasaki
COMMITTEE CALENDAR
SENATE BILL NO. 85
"An Act relating to forest land use plans; relating to forest
land use plan appeals; relating to negotiated timber sales; and
providing for an effective date."
- MOVED CSSB 85(RES) OUT OF COMMITTEE
SENATE BILL NO. 223
"An Act relating to the confidentiality of certain state records
relating to animals; and providing for an effective date."
- MOVED CSSB 223(RES) OUT OF COMMITTEE
HOUSE BILL NO. 148 AM
"An Act relating to the Alaska Coordinate System of 2022."
- MOVED HB 148 AM OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 209(FIN)
"An Act relating to emergency firefighters; and providing for an
effective date."
- MOVED CSHB 209(FIN) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 85
SHORT TITLE: FOREST LAND USE PLANS; TIMBER SALES
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/12/21 (S) READ THE FIRST TIME - REFERRALS
02/12/21 (S) RES, FIN
04/28/21 (S) RES AT 3:30 PM BUTROVICH 205
04/28/21 (S) -- MEETING CANCELED --
05/03/21 (S) RES AT 3:30 PM BUTROVICH 205
05/03/21 (S) Heard & Held
05/03/21 (S) MINUTE(RES)
01/26/22 (S) RES AT 3:30 PM BUTROVICH 205
01/26/22 (S) Heard & Held
01/26/22 (S) MINUTE(RES)
04/04/22 (S) RES AT 3:30 PM BUTROVICH 205
BILL: SB 223
SHORT TITLE: CONFIDENTIALITY OF ANIMAL RECORDS
SPONSOR(s): MYERS
02/22/22 (S) READ THE FIRST TIME - REFERRALS
02/22/22 (S) RES
03/09/22 (S) RES AT 3:30 PM BUTROVICH 205
03/09/22 (S) Heard & Held
03/09/22 (S) MINUTE(RES)
04/04/22 (S) RES AT 3:30 PM BUTROVICH 205
BILL: HB 148
SHORT TITLE: ALASKA COORDINATE SYSTEM OF 2022
SPONSOR(s): SHAW
03/24/21 (H) READ THE FIRST TIME - REFERRALS
03/24/21 (H) STA, RES
04/17/21 (H) STA AT 3:00 PM GRUENBERG 120
04/17/21 (H) Heard & Held
04/17/21 (H) MINUTE(STA)
04/22/21 (H) STA AT 3:00 PM GRUENBERG 120
04/22/21 (H) Moved HB 148 Out of Committee
04/22/21 (H) MINUTE(STA)
04/26/21 (H) STA RPT 6DP
04/26/21 (H) DP: VANCE, CLAMAN, STORY, KAUFMAN,
TARR, KREISS-TOMKINS
05/05/21 (H) RES AT 1:00 PM BARNES 124
05/05/21 (H) Moved HB 148 Out of Committee
05/05/21 (H) MINUTE(RES)
05/06/21 (H) RES RPT 4DP 1DNP 1NR 2AM
05/06/21 (H) DP: SCHRAGE, GILLHAM, CRONK, MCKAY
05/06/21 (H) DNP: RAUSCHER
05/06/21 (H) NR: FIELDS
05/06/21 (H) AM: HANNAN, PATKOTAK
05/15/21 (H) TRANSMITTED TO (S)
05/15/21 (H) VERSION: HB 148 AM
05/17/21 (S) READ THE FIRST TIME - REFERRALS
05/17/21 (S) STA, RES
02/03/22 (S) STA AT 3:30 PM BUTROVICH 205
02/03/22 (S) Heard & Held
02/03/22 (S) MINUTE(STA)
02/08/22 (S) STA AT 3:30 PM BUTROVICH 205
02/08/22 (S) Scheduled but Not Heard
02/15/22 (S) STA AT 3:30 PM BUTROVICH 205
02/15/22 (S) Heard & Held
02/15/22 (S) MINUTE(STA)
02/17/22 (S) STA AT 3:30 PM BUTROVICH 205
02/17/22 (S) Moved HB 148 am Out of Committee
02/17/22 (S) MINUTE(STA)
02/18/22 (S) STA RPT 3DP 2NR
02/18/22 (S) DP: SHOWER, COSTELLO, HOLLAND
02/18/22 (S) NR: REINBOLD, KAWASAKI
03/30/22 (S) RES AT 3:30 PM BUTROVICH 205
03/30/22 (S) <Bill Hearing Canceled>
04/04/22 (S) RES AT 3:30 PM BUTROVICH 205
BILL: HB 209
SHORT TITLE: EMERGENCY FIREFIGHTERS
SPONSOR(s): CRONK
05/12/21 (H) READ THE FIRST TIME - REFERRALS
05/12/21 (H) RES, FIN
02/16/22 (H) RES AT 1:00 PM BARNES 124
02/16/22 (H) Heard & Held
02/16/22 (H) MINUTE(RES)
02/23/22 (H) RES AT 1:00 PM BARNES 124
02/23/22 (H) Moved HB 209 Out of Committee
02/23/22 (H) MINUTE(RES)
02/28/22 (H) RES RPT 6DP 3NR
02/28/22 (H) DP: MCKAY, FIELDS, CRONK, RAUSCHER,
GILLHAM, PATKOTAK
02/28/22 (H) NR: HOPKINS, HANNAN, SCHRAGE
03/09/22 (H) FIN AT 9:00 AM ADAMS 519
03/09/22 (H) Moved CSHB 209(FIN) Out of Committee
03/09/22 (H) MINUTE(FIN)
03/14/22 (H) FIN RPT CS(FIN) NEW TITLE 5DP 2NR
03/14/22 (H) DP: ORTIZ, EDGMON, LEBON, JOHNSON,
MERRICK
03/14/22 (H) NR: WOOL, JOSEPHSON
03/22/22 (H) TRANSMITTED TO (S)
03/22/22 (H) VERSION: CSHB 209(FIN)
03/23/22 (S) READ THE FIRST TIME - REFERRALS
03/23/22 (S) RES
03/30/22 (S) RES AT 3:30 PM BUTROVICH 205
03/30/22 (S) <Bill Hearing Canceled>
04/04/22 (S) RES AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
HELGE ENG, Director
Division of Forestry
Department of Natural Resources (DNR)
Anchorage, Alaska
POSITION STATEMENT: Provided a summary of the major elements of
SB 85.
INTIMAYO HARBISON, Staff
Senator Josh Revak
Juneau, Alaska
POSITION STATEMENT: Provided an explanation of Amendment 2 for
SB 85.
SENATOR ROBERT MEYERS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 223.
MICHAELLA ANDERSON, Staff
Senator Robert Meyers
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the explanation of changes from
version A to version B for SB 223.
REECE WILLIAMS, Staff
Representative Laddie Shaw
Juneau, Alaska
POSITION STATEMENT: Presented HB 148 am on behalf of the
sponsor.
JAKE MAXWELL, PLS, Executive Member
Alaska Society of Professional Land Surveyors
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 148.
KELSEY DAVIDSON, President
Alaska Professional Design Council (APDC)
Eagle River, Alaska
POSITION STATEMENT: Testified in support of HB 148.
REPRESENTATIVE MIKE CRONK
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 209.
NORM MACDONALD, Chief of Fire and Aviation
Division of Forestry
Department of Natural Resources (DNR)
Palmer, Alaska
POSITION STATEMENT: Testified by invitation in support of HB
209.
ACTION NARRATIVE
4:00:21 PM
VICE CHAIR PETER MICCICHE called the Senate Resources Standing
Committee meeting to order at 4:00 p.m. Present at the call to
order were Senators von Imhof, Kiehl, Stevens, and Vice Chair
Micciche.
SB 85-FOREST LAND USE PLANS; TIMBER SALES
4:01:28 PM
VICE CHAIR MICCICHE announced the consideration of SENATE BILL
NO. 85 "An Act relating to forest land use plans; relating to
forest land use plan appeals; relating to negotiated timber
sales; and providing for an effective date."
He stated that this was the second hearing this session and the
intent was to hear a refresher from the department, answer any
questions, consider amendments, and look to the will of the
committee.
4:01:57 PM
HELGE ENG, Director, Division of Forestry, Department of Natural
Resources (DNR), Anchorage, Alaska, stated that the motivation
for SB 85 is to support a viable timber industry in the state by
increasing the availability of timber from state lands and
making the timber sale process more flexible.
MR. ENG stated that SB 85 has two major elements. The first,
which is in Section 4, is to provide contractual certainty to
timber operators by prohibiting administrative appeals once a
forest land use plan (FLUP) has been approved. An appeal at that
point in the process can be disastrous to a small logging
company. The four opportunities for appeal during the process
remain and the public and agencies could still provide input
after the plan is approved. It's just that the appeal option
would be eliminated after the FLUP is approved.
4:05:40 PM
MR. ENG stated that the second element of SB 85 is to allow
export of timber harvested in a negotiated sale. The export of
timber harvested in a competitive sale is already allowed. He
reminded the committee that the two types of timber sales are
competitive and negotiated. In a competitive sale the timber is
sold in either an open or sealed bid process to the highest
bidder. In a negotiated sale, the division chooses the purchaser
based on the highest bid and the number of local jobs the sale
provides. He said the fact that Southeast Alaska timber
operators typically are unable to outbid out-of-state operators
in a competitive sale emphasizes the importance of providing a
consistent negotiated timber sale process.
MR. ENG stated that SB 85 will amend the negotiated timber sale
statutes to allow the local industry to sell the timber it
harvests as export, as needed. The current supply of timber is
constantly changing and there is more young growth, which is
less marketable in Alaska. Furthermore, the demand for species
such as hemlock is primarily overseas or the Pacific Northwest.
MR. ENG summarized that SB 85 changes the timber sale statutes
by eliminating administrative appeals once the forest land use
plan (FLUP) has been approved and the timber sold, and it allows
exports of timber harvested in a negotiated sale.
4:08:48 PM
SENATOR STEVENS asked how the division makes the decision about
whether a timber sale will be competitive or negotiated.
MR. ENG answered the division considers the number of bidders,
the type of timber sale, and the need for timber sales by
various timber operators to remain in business. Section 2
outlines the six criteria the commissioner will consider in
addition to the considerations of local economic stability and
the best interest of the Alaska timber industry.
VICE CHAIR MICCICHE noted that there were amendments for the
committee to consider.
4:11:00 PM
SENATOR KIEHL moved Amendment 1, work order 32-GS1607\A.1, on
behalf of Senator Kawasaki.
32-GS1607\A.1
Bullard
2/2/22
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR KAWASAKI
TO: SB 85
Page 1, line 2, following "sales;":
Insert "relating to disposal procedures for
selling timber;"
Page 7, following line 13:
Insert a new bill section to read:
"*Sec. 6. AS 38.05.115 is amended by adding a new
subsection to read:
(d) In making the best interest
finding required by AS 38.05.035(e) for a
disposal of timber under AS 38.05.110 -
38.05.123, the commissioner shall consider, in
addition to other factors, whether the bidder
or buyer, to the maximum extent permitted by
law, commits to
(1) hire qualified residents
from throughout the state;
(2) contract with businesses
located in the state;
(3) establish hiring
facilities or use existing hiring facilities in
the state; and
(4) use, as far as is
practicable, the job centers and associated
services operated by the Department of Labor
and Workforce Development and an Internet-based
labor exchange system operated by the state."
Renumber the following bill sections accordingly.
SENATOR MICCICHE objected for purposes of discussion.
SENATOR KIEHL explained that Amendment 1 would require
additional factors to be considered in a best interest finding
(BIF) in sales that are subject to a BIF. In addition to the
existing requirements, the department would also consider
whether the bidder or buyer, to the maximum extent permitted by
law, commits to hire qualified residents throughout the state;
to contract with Alaska businesses; to establish hiring
facilities or use existing hiring facilities in the state; and
to use, to the extent possible, job centers and other services
the Department of Labor offers to promote Alaska hire.
4:12:19 PM
SENATOR MICCICHE asked Mr. Eng how Amendment 1 would impact the
timber sale process.
MR. ENG answered that the process could accommodate Amendment 1,
but arguably it's not needed because the existing statute allows
the commissioner to consider those elements. He also pointed out
that the best interest finding is made to determine the type of
sale to offer. No decision about the buyer has been made at that
the BIF stage of the process, so it would be difficult to
determine whether buyers in a competitive sale would meet that
additional criteria.
4:14:10 PM
SENATOR MICCICHE noted that the language in the amendment says
the commissioner shall consider" which does not constrain the
department. He offered his reading that the amendment suggests
that it is important to the extent possible to put Alaskans
first in the best interest findings considerations. He asked
Senator Kiehl if that was his understanding.
4:14:38 PM
SENATOR KIEHL responded that was well said. The amendment does
not change the constitution to require Alaska hire for every
contract for every sale. It simply urges a hard look at whether
Alaska hire and the other Alaska-centered elements can be
included in the sales to come.
4:15:08 PM
SENATOR MICCICHE withdrew his objection to Amendment 1 to SB 85.
Finding no further objection, Amendment 1 was adopted.
4:15:30 PM
SENATOR STEVENS moved Amendment 2, work order 32-GS1607\A.2, on
behalf of the committee.
32-GS1607\A.2
Bullard
2/4/22
AMENDMENT 2
OFFERED IN THE SENATE
TO: SB 85
Page 5, line 31, through page 6, line 10:
Delete all material.
Renumber the following bill sections accordingly.
VICE CHAIR MICCICHE objected for purposes of discussion.
4:15:52 PM
INTIMAYO HARBISON, Staff, Senator Josh Revak, Juneau, Alaska,
explained that Amendment 2 removes Section 2 of the bill. He
relayed his understanding that Section 2 was moot because DNR
had amended the section of regulation that bill Section 2
addresses.
SENATOR VON IMHOF asked why Section 2 was being deleted when Mr.
Eng just said it was that section that helped the division
determine whether to hold a competitive or negotiated sale.
MR. HARBISON said that's correct, but his understanding was that
the department changed the regulations so bill Section 2 was
redundant and unnecessary.
VICE CHAIR MICCICHE asked Mr. Eng to comment on Mr. Harbison's
statement.
MR. ENG explained that [AS 38.05.110] already allows the
commissioner to consider any and all factors considered relevant
in determining which type of sale to offer. The logic deleting
Section 2 is that it is preferable to allow flexibility in the
considerations, because prescriptive requirements may in fact
serve as springboard for challenges to a timber sale.
4:18:32 PM
SENATOR MICCICHE withdrew his objection; finding no further
objection, Amendment 2 was adopted.
SENATOR KIEHL said he understands that the bill is moving from
committee today and he believes that some parts of the bill are
good. However, he wanted the record to reflect that he had
significant concerns about delaying when a forest land use plan
(FLUP) has to be in place relative to a sale and prohibiting an
appeal once the FLUP is adopted and/or there is a sale. He
acknowledged that hypothetically there were four opportunities
to comment, but the land use plans for his area of the state
haven't changed for 20 years, so the analysis isn't exactly
sale-by-sale and that limits the public's ability to provide
meaningful comments.
VICE CHAIR MICCICHE solicited a motion.
4:20:31 PM
SENATOR STEVENS moved to report SB 85, work order 32-GS1607\A,
as amended, from committee with individual recommendations and
attached fiscal notes.
VICE CHAIR MICCICHE found no objection, and CSSB 85(RES) was
reported from the Senate Resources Standing Committee.
SB 223-CONFIDENTIALITY OF ANIMAL RECORDS
4:21:05 PM
SENATE BILL NO. 223 "An Act relating to the confidentiality of
certain state records relating to animals; and providing for an
effective date."
He noted that this was the second hearing and the committee had
worked with the sponsor on a committee substitute (CS) to make
minor improvements. He solicited a motion.
4:21:16 PM
SENATOR STEVENS moved to adopt the CS for SB 223(RES), work
order 32-LS1574\B, as the working document.
SENATOR MICCICHE objected for purposes of discussion.
4:21:46 PM
SENATOR ROBERT MEYERS, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 223, deferred to Ms. Anderson to present the
explanation of changes from SB 223 version A to version B.
4:22:00 PM
MICHAELLA ANDERSON, Staff, Senator Robert Meyers, Alaska State
Legislature, Juneau, Alaska, noted that the CS mirrors the House
companion bill that is farther along in the process and has
stakeholder support. She presented the following explanation of
changes from SB 223 version A to version B for SB 223:
[Original punctuation provided.]
SB 223 Version A to Version B
Explanation of Changes
CONFIDENTIALITY OF ANIMAL RECORDS
"An Act relating to the confidentiality of certain
state records relating to animals; and providing for
an effective date."
Section 1. AS 03.05.084 Confidentiality of certain
information; exceptions
1. Removes notwithstanding AS 03.05.010(a)(2)
reference regarding duties of commissioner of the
Department of Natural Resources requirement to
procure and preserve all information pertaining
to developing the agricultural industry in the
state and disseminate that information to the
public.
2. Adds regional health corporations to other
agencies that the Department of Environmental
Conservation may disclose information to if the
department determines there is a health or safety
threat to animals or the public and disclosure of
information is necessary to address the threat.
3. Clarifies that notwithstanding the
confidentiality of certain information
established in AS 03.05.084 (a), the Department
of Environmental Conservation shall, publicly
discloses "records" rather than "information."
4. Removes clause that if the Department of
Environmental Conservation discloses information
under AS 03.05.084 (b), the Department of Natural
Resources shall disclose the information to the
public due to redundancy in both departments
disclosing information.
5. Adds business in regard to prevention of publicly
disclosed records identifying a particular
animal, individual or business.
4:23:51 PM
SENATOR MICCICHE removed his objection; finding no further
objection, SB 223, version B, was adopted and before the
committee.
4:24:08 PM
SENATOR KIEHL opined that the important distinction between
these businesses versus others is that the records they keep are
not only business records but also records about people's pets.
It was a reason to pass the bill.
4:24:46 PM
SENATOR STEVENS moved to report the CS for SB 223(RES), work
order 32-LS1574\B, from committee with individual
recommendations and attached fiscal notes.
4:25:03 PM
SENATOR MICCICHE found no objection, and CSSB 223(RES) was
reported from the Senate Resources Standing Committee.
HB 148-ALASKA COORDINATE SYSTEM OF 2022
4:25:19 PM
VICE CHAIR MICCICHE announced the consideration of HOUSE BILL
NO. 148 am "An Act relating to the Alaska Coordinate System of
2022."
4:25:30 PM
At ease.
4:25:45 PM
VICE CHAIR MICCICHE reconvened the meeting.
4:25:52 PM
REECE WILLIAMS, Staff, Representative Laddie Shaw, Juneau,
Alaska, presented HB 148 am on behalf of the sponsor. The
sponsor statement reads as follows:
[Original punctuation provided.]
HB 148 House Bill 148 revises Alaska Statute
chapter 38.20, known as the Alaska Coordinate System,
to reflect changes in the federal datum used as a base
for the coordinate system and to allow for future
updates.
The system is comprised of rectangular plane
coordinates used to define accurate positions or
locations of points on the surface of the earth.
Currently, forty-eight states have adopted state
plane coordinate systems into their statutes. This
bill revises the Alaska Coordination System as an
ongoing modernization of the U.S National Spatial
Reference System to reduce the distortions present in
the current system. In addition to improved zone
locations, that will cover population and resources
areas, a new statewide zone will be created for
Alaska. This will reduce the distortion of the
projection currently in use and improve the display of
statewide geographic data.
This is an important and practical step for
Alaska to adapt to this coordination system. Alaska
will have the advantage of improvements in the
geodetic positioning, and with the new gravity-based
elevation. This will dramatically improve the ability
to measure elevations in Alaska. This modernization
effort will benefit scientists, surveyors, design
professionals, GIS specialists, and the geospatial
community. The improved coordinate system minimizes
linear distortions and is designed to include
population centers and resource development.
I encourage your support in the passage of HB 148
as it is critical to Alaska maintaining accuracy to
surveying and mapping.
MR. WILLIAMS informed the committee that the term "datum" is a
tool to define the shape and size of the earth and a reference
point various coordinate systems use in mapping. He said the
most recent federal datums were the North American datum of 1983
and the North American vertical datum of 1988. He conveyed the
NOAA website definition of datum as the starting point for
giving directions. For example, if one were to give directions
to their house, they would begin with a known starting point
such as a cross street or an address.
4:27:33 PM
MR. WILLIAMS played a video from the NOAA website that provides
more information and explains some of the technical terms
associated with global navigation satellite systems.
4:32:06 PM
VICE CHAIR MICCICHE moved to invited testimony on HB 148.
4:32:22 PM
JAKE MAXWELL, PLS, Executive Member, Alaska Society of
Professional Land Surveyors, Anchorage, Alaska, testified in
support of HB 148. He urged the committee to pass the bill so
this updated coordinate system would be available to surveyors
and other professionals.
SENATOR MICCICHE asked if the updated coordinate system had any
practical application for landowners.
MR. MAXWELL replied that there would be no significant effect on
landowners.
VICE CHAIR MICCICHE asked Ms. Gervelis to provide her testimony.
4:33:33 PM
GWEN GERVELIS, Chief Surveyor, Division of Mining, Land, and
Water, Department of Natural Resources, Anchorage, Alaska,
stated that she was available to answer technical questions
related to HB 148. [There were none.]
4:34:15 PM
VICE CHAIR MICCICHE opened public testimony on HB 148.
4:34:39 PM
KELSEY DAVIDSON, President, Alaska Professional Design Council
(APDC), Eagle River, Alaska, testified in support of HB 148. She
stated that the Alaska Society of Professional Land Surveyors
was an affiliate member of APDC and those professionals need the
more modern and functional coordinate system in statute in order
to utilize the system in their practice. She noted that a letter
of support from APCD was in the bill packet. She urged the
committee to pass the bill.
4:35:41 PM
VICE CHAIR MICCICHE closed public testimony on HB 148.
4:35:54 PM
SENATOR STEVENS moved to report HB 148 am, work order 32-
LS0407\A.A from committee with individual recommendations and
attached fiscal note(s).
4:36:09 PM
VICE CHAIR MICCICHE found no objection, and HB 148 am was
reported from the Senate Resources Standing Committee.
HB 209-EMERGENCY FIREFIGHTERS
4:36:28 PM
VICE CHAIR MICCICHE announced the consideration of CS FOR HOUSE
BILL NO. 209(FIN) "An Act relating to emergency firefighters;
and providing for an effective date."
4:36:50 PM
REPRESENTATIVE MIKE CRONK, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 209, read the following sponsor statement
into the record:
HB 209 authorizes the Commissioner of the Department
of Natural Resources to hire emergency firefighter
personnel using general fund appropriations.
By amending AS 41.15.030 (b), allowing the use of
general funds to pay EFF personnel, they would be able
to perform nonemergency work, such hazardous fuels
reduction, fuel break development, fire prevention,
habitat restoration or improvement activities in fire-
prone areas. In addition, this would provide economic
opportunities for Alaskans and empower rural Alaskans,
for the department to responsibly manage the state's
natural resources, and to enhance public safety to
protect and save human lives.
Such nonemergency work could reduce the likelihood,
intensity, and damage of wildland fires near populated
areas and could bring significant reductions in the
state's costs to fight future fires. By employing EFF
during non-emergency would provide training, fitness,
and readiness for when a wildfire does occur. The
number of EFF personnel that may be interested in
applying for a permanent DNR job would increase, which
would help with recruitment.
Based on the legislative history, amending AS
41.15.030(b)'s last sentence does not appear to yield
and constitutional or legal problems. In 1996, the
legislature added the last sentence to address
concerns of conflict with the Alaska Personnel Act;
specifically, that short term non-permanent employees
would become full time employees. However, in 2000,
the legislature amended the APA to allow for long term
nonpermanent employees. Due to that amendment, the
apparent concerns expressed by the legislature in 1996
warranting the inclusion of the last sentence no
longer exists.
VICE CHAIR MICCICHE turned to invited testimony on HB 209.
4:39:20 PM
NORM MACDONALD, Chief of Fire and Aviation, Division of
Forestry, Department of Natural Resources (DNR), Palmer, Alaska,
testified by invitation in support of HB 209. He stated that
this bill manifests Alaska's need to build firefighting capacity
as the challenge of wildland fires increase. The bill will help
the division fulfill its primary mission of protecting Alaskans
from wildland fires and reducing the catastrophic impacts
through hazardous fuels mitigations. HB 209 will also provide
jobs and training for rural Alaskans throughout fire-prone areas
of the state.
MR. MACDONALD agreed with the sponsor that removing the funding
impediment in AS 41.15.030 would allow DNR to use already
allocated general funds to pay emergency firefighters for non-
emergency fire prevention work during periods of low fire
activity. This will enable nonemergency fire prevention work,
provide a training ground for EFF employees to learn valuable
crossover firefighting skills, and provide consistent and
desirable job opportunities for rural Alaskans. Leveraging this
workforce could potentially save tens of millions of dollars in
future fire suppression costs.
MR. MACDONALD highlighted that while this bill allows general
funds to be used for EFF and nonemergency tasks, the division
would only use funds that have already been appropriated for
fuel reduction and prevention work, which is why the fiscal note
is zero. He also noted that the division has and will continue
to receive federal funds for fuels mitigation that will be used
for fire suppression and fire prevention activities by EFF
crews.
MR. MACDONALD emphasized that DOF currently does not have
sufficient personnel to staff for both fire suppression and
fuels reduction. The lack of consistent work for the EFF crews
has resulted in a drastic decline in the number of EFF crews in
the last 10 years and the division has had to import Lower 48
crews, which is expensive and makes a quick, aggressive initial
attack impossible. This increases the overall cost to respond to
wildland fires.
MR. MACDONALD stated that HB 209 will help the division rebuild
its EFF fire crews to create a self-sufficient Alaskan
firefighting force, while reducing costs. The bill also
dovetails with the division's request in the governor's budget
to reinstate a wildland fire academy. The intent is to build
back Alaska's wildland firefighting crews by training
firefighters in rural communities. Providing secure employment
strengthens local economies and enhances public safety.
4:43:49 PM
SENATOR STEVENS asked if the state loans its firefighters to
Lower 48 states when the fire danger in Alaska is relatively
low.
MR. MACDONALD confirmed that the division shares its resources
with Lower 48 states when the fire season is over and the fire
indices are low.
SENATOR STEVENS asked for confirmation that it doesn't create a
conflict to loan crews.
MR. MACDONALD confirmed that it does not create a conflict. Life
and safety are priorities so when Lower 48 states have fire
seasons similar to the last several, the division will send
support with every available resource, including EFF crews.
That's been common practice for the last 40 years and will not
stop.
4:45:07 PM
VICE CHAIR MICCICHE opened public testimony on HB 209; finding
none, he closed public testimony.
VICE CHAIR MICCICHE found no further discussion and solicited a
motion.
4:45:43 PM
SENATOR STEVENS moved to report the CS for HB 209(FIN), work
order 32-LS0929\B from committee with individual recommendations
and attached fiscal note(s).
VICE CHAIR MICCICHE found no objection, and CSHB 209(FIN) was
reported from the Senate Resources Standing Committee.
4:46:38 PM
There being no further business to come before the committee,
Vice Chair Micciche adjourned the Senate Resources Standing
Committee meeting at 4:46 p.m.