Legislature(1993 - 1994)

01/24/1994 03:30 PM RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                   SENATE RESOURCES COMMITTEE                                  
                        January 24, 1994                                       
                           3:30 P.M.                                           
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Senator Mike Miller, Chairman                                                 
 Senator Loren Leman, Vice Chairman                                            
 Senator Steve Frank                                                           
 Senator Drue Pearce                                                           
 Senator Al Adams                                                              
 Senator Dave Donley                                                           
 Senator Fred Zharoff                                                          
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 None                                                                          
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 SENATE BILL NO. 238                                                           
 "An Act establishing a procedure for review of proposed projects              
 under the Alaska coastal management program, and relating to                  
 petitions for compliance with and enforcement of district coastal             
 management programs under that program and to the disposition of              
 those petitions."                                                             
 SENATE JOINT RESOLUTION NO. 40                                                
 Urging the Congress to amend the Oil Pollution Act of 1990 with               
 respect to the financial responsibility requirements for offshore             
 exploration and production facilities.                                        
                                                                               
 SCHEDULED, BUT NOT HEARD THIS DAY.                                            
 CS FOR HOUSE BILL NO. 59(MLV)                                                 
 "An Act making a special appropriation to the Department of Natural           
 Resources for refunds to certain veterans who purchased state land            
 and for reimbursement to the University of Alaska for the veterans'           
 land discount applied to land transferred to the University of                
 Alaska; and providing for an effective date."                                 
                                                                               
 SCHEDULED, BUT NOT HEARD THIS DAY.                                            
  PREVIOUS ACTION                                                              
                                                                               
   SB 238 - No previous action to record.                                      
                                                                               
 SJR 40 - No previous action to record.                                        
                                                                               
 HB 59 - No previous action to record.                                         
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 Linda Freed                                                                   
 710 Mill Bay Rd.                                                              
 Kodiak, Alaska 99615                                                          
  POSITION STATEMENT:   Supported SB 238.                                      
                                                                               
 Steve Porter                                                                  
 Arco                                                                          
 P.O. Box 100360                                                               
 Anchorage, Alaska 99510-0360                                                  
  POSITION STATEMENT:   Supported SB 238.                                      
                                                                               
 Paul Rusanowski, Direction                                                    
 Division of Governmental Coordination                                         
 P.O. Box 110030                                                               
 Juneau, Alaska 99811-0020                                                     
  POSITION STATEMENT:   Supported SB 238.                                      
                                                                               
 Beth Kerttula, Assistant Attorney General                                     
 Department of Law                                                             
 P.O. Box 110300                                                               
 Juneau, Alaska 99811-0300                                                     
  POSITION STATEMENT:   Commented on SB 238.                                   
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 94-2, SIDE A                                                            
                                                                               
 Number 001                                                                    
 CHAIRMAN MILLER called the Resources Committee meeting to order at            
 3:30 p.m. and announced  SB 238  (COASTAL ZONE MANAGEMENT PROCEDURES)    S)   
 to be up for consideration.  He announced that there was a 4:00               
 p.m. briefing they had to attend so he would reschedule the other             
 bills.                                                                        
                                                                               
 SENATOR ADAMS said he was prepared to move SJR 40.                            
                                                                               
 SENATOR PEARCE, sponsor of SB 238, said it clarifies when and how             
 certain parties can petition the Coastal Policy Council during an             
 Alaska Coastal Management Program Consistency Review.  It will                
 ensure that complaints are heard and addressed in a timely manner.            
 It will ensure that citizens, state agencies, and affected projects           
 have a voice in the development policies of our state's coastal               
 areas.                                                                        
                                                                               
 SENATOR ADAMS said that this is a good piece of legislation, but              
 the title is broad enough to slip a couple of bills into it and he            
 asked if she intended to keep this language.  SENATOR PEARCE                  
 answered that other people might want to make changes, although               
 this is what she wanted drafted.                                              
 Number 112                                                                    
                                                                               
 LINDA FREED, Community Development Director for the Kodiak Borough,           
 said SB 238, from a district perspective, provides a good approach            
 to development of good coastal development policy.  It established            
 an appropriate level of review for consistency determinations.                
                                                                               
 Number 136                                                                    
                                                                               
 STEVE PORTER, Arco, said he had participated in a number of the               
 working sessions with Linda Freed and this is a consensus bill.               
 They are comfortable with the direction the bill is taking.                   
                                                                               
 There is one additional amendment he requested.  In Section                   
 46.40.096 (e) establishing a reasonable time limit, he wanted 30              
 days mentioned specifically as a reasonable time frame.                       
                                                                               
 Number 170                                                                    
                                                                               
 PAUL RUSANOWSKI, Director, Division of Governmental Coordination,             
 emphasized that SB 238 represents several years of work and                   
 consensus building amongst various constituents within the Coastal            
 Zone Management Program.                                                      
                                                                               
 He explained that it fixes a legal problem, defined in an Attorney            
 General's opinion from a year ago, in which Commissioners had been            
 statutorily defined to participate in elevations and in the Coastal           
 Policy Council.  They cannot render a decision in both situations             
 when the same project is involved, he said.                                   
                                                                               
 SB 238 redrafts the elevation and petition process so that                    
 petitions concerning policy issues of the Coastal Zone Management             
 Program, district plans, or the state programs remain unchanged               
 from the present process.  Instead of allowing a project to go                
 through elevation and then to petition, they allow a project review           
 to go through elevations.  Then it would proceed to court if there            
 were differences of opinion.  It would not go to the Coastal Policy           
 Council.  In lieu of the petition process on projects, they are               
 providing a mechanism whereby an applicant will have an opportunity           
 to have their comments heard before the Council.                              
                                                                               
 MR. RUSANOWSKI said he has no problem with defining a reasonable              
 period of time as 30 days.  They did not have time to arrive at a             
 consensus position on it prior to drafting this bill.                         
                                                                               
 Number 227                                                                    
                                                                               
 BETH KERTTULA, Assistant Attorney General, said the bill does solve           
 the very major due process problem.                                           
                                                                               
 SENATOR ADAMS asked if Arco agreed with the "reasonable period of             
 time?"  MS. KERTTULA said they had no problem.                                
 SENATOR ADAMS asked what she thought about the title.  MS. KERTTULA           
 said the title has to describe basically what it describes.  She              
 said there is a possibility it could be tightened.                            
                                                                               
 Number 291                                                                    
                                                                               
 TOM LOHMAN, Barrow, said he supported SB 238 and offered to answer            
 questions.                                                                    
                                                                               
 SENATOR MILLER thanked everyone for their testimony.  he assigned             
 SB 238 to a subcommittee consisting of Senator Pearce, Chairman,              
 Senator Miller, and Senator Donley.  He adjourned the meeting at              
 3:50 p.m.                                                                     
                                                                               

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