Legislature(2017 - 2018)BUTROVICH 205

02/02/2018 03:30 PM RESOURCES

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Audio Topic
03:30:11 PM Start
03:30:41 PM Overview: Alaska's State Managed Game Refuges, Sanctuaries & Critical Habitat Areas
03:57:57 PM HB130
04:26:37 PM SB158
05:05:11 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 130 GAME REFUGE/CRIT HABITAT AREA BOUNDARIES TELECONFERENCED
Heard & Held
-- Public Testimony --
*+ SB 158 OIL/HAZARDOUS SUB.:CLEANUP/REIMBURSEMENT TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
-- Agenda Change Below --
+ Overview: Alaska’s State Managed Game Refuges TELECONFERENCED
Sanctuaries & Critical Habitat Areas
- Department of Fish & Game:
Mr. Bruce Dale, Director, Division of Wildlife
Conservation
Mrs. Morgan Foss, Special Assistant to the
Commissioner
-- Testimony <Invitation Only> --
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE RESOURCES STANDING COMMITTEE                                                                             
                        February 2, 2018                                                                                        
                           3:30 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Cathy Giessel, Chair                                                                                                    
Senator Natasha von Imhof                                                                                                       
Senator Bert Stedman                                                                                                            
Senator Kevin Meyer                                                                                                             
Senator Bill Wielechowski                                                                                                       
Senator Click Bishop                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator John Coghill, Vice Chair                                                                                                
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW:  Alaska's State  Managed  Game  Refuges, Sanctuaries  &                                                               
Critical Habitat Areas                                                                                                          
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
HOUSE BILL NO. 130                                                                                                              
"An Act relating to the  Izembek State Game Refuge, Cape Newenham                                                               
State  Game Refuge,  Palmer  Hay Flats  State  Game Refuge,  Port                                                               
Moller  Critical  Habitat  Area, Egegik  Critical  Habitat  Area,                                                               
Pilot  Point  Critical Habitat  Area,  Fox  River Flats  Critical                                                               
Habitat Area, Kachemak Bay Critical  Habitat Area, and Dude Creek                                                               
Critical Habitat Area; and providing for an effective date."                                                                    
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 158                                                                                                             
"An Act  relating to oil  and hazardous substances and  waiver of                                                               
cost recovery  for containment and  cleanup of  certain releases;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 130                                                                                                                  
SHORT TITLE: GAME REFUGE/CRIT HABITAT AREA BOUNDARIES                                                                           
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/15/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/15/17       (H)       RES                                                                                                    
04/05/17       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/05/17       (H)       Heard & Held                                                                                           
04/05/17       (H)       MINUTE(RES)                                                                                            
04/07/17       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/07/17       (H)       Moved HB 130 Out of Committee                                                                          
04/07/17       (H)       MINUTE(RES)                                                                                            
04/08/17       (H)       RES RPT 7DP 2NR                                                                                        
04/08/17       (H)       DP: BIRCH, PARISH, WESTLAKE, JOHNSON,                                                                  
                         DRUMMOND, JOSEPHSON, TARR                                                                              
04/08/17       (H)       NR: TALERICO, RAUSCHER                                                                                 
04/28/17       (H)       TRANSMITTED TO (S)                                                                                     
04/28/17       (H)       VERSION: HB 130                                                                                        
05/03/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
05/03/17       (S)       RES                                                                                                    
02/02/18       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 158                                                                                                                  
SHORT TITLE: OIL/HAZARDOUS SUB.:CLEANUP/REIMBURSEMENT                                                                           
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/24/18       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/24/18       (S)       RES, FIN                                                                                               
02/02/18       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MORGAN FOSS, Special Assistant to the Commissioner                                                                              
Alaska Department of Fish and Game (ADF&G)                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided overview on Alaska's state managed                                                               
game refuges, sanctuaries & critical habitat areas and presented                                                                
HB 130.                                                                                                                         
                                                                                                                                
BRUCE DALE, Director                                                                                                            
Division of Wildlife Conservation                                                                                               
Alaska Department of Fish and Game (ADF&G)                                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Answered questions about Alaska's state                                                                   
managed game refuges, sanctuaries & critical habitat areas.                                                                     
                                                                                                                                
RON BENKERT, Fish and Game Coordinator                                                                                          
Habitat Division                                                                                                                
Alaska Department of Fish and Game (ADF&G)                                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Answered questions about Alaska's state                                                                   
managed game refuges, sanctuaries & critical habitat areas.                                                                     
                                                                                                                                
WAYNE HALL, representing himself                                                                                                
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Supported HB 130.                                                                                         
                                                                                                                                
MARILYN HOUSER, representing herself                                                                                            
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Supported HB 130.                                                                                         
                                                                                                                                
ROBERT ARCHIBALD                                                                                                                
Friends of Kachemak Bay State Park                                                                                              
Homer, Alaska                                                                                                                   
POSITION STATEMENT: Supported HB 130.                                                                                         
                                                                                                                                
NICOLE AREVALO, representing herself                                                                                            
Homer, Alaska                                                                                                                   
POSITION STATEMENT: Supported HB 130.                                                                                         
                                                                                                                                
TOM ROTHE, representing himself                                                                                                 
Eagle River, Alaska                                                                                                             
POSITION STATEMENT: Supported HB 130.                                                                                         
                                                                                                                                
GEORGE PIERCE, representing himself                                                                                             
Kasilof, Alaska                                                                                                                 
POSITION STATEMENT: Opposed HB 130.                                                                                           
                                                                                                                                
KRISTIN RYAN, Director                                                                                                          
Division of Spill Prevention and Response (SPAR)                                                                                
Department of Environmental Conservation (DEC)                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Commented on SB 158.                                                                                      
                                                                                                                                
FABBIENNE PETER CONTESSE, representing herself                                                                                  
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Supported SB 158.                                                                                         
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:30:11 PM                                                                                                                    
CHAIR CATHY GIESSEL called the Senate Resources Standing                                                                      
Committee meeting to order at 3:30 p.m. Present at the call to                                                                  
order   were  Senators   Stedman,  Von   Imhof,  Meyer,   Bishop,                                                               
Wielechowski, and Chair Giessel. Senator Coghill was excused.                                                                   
                                                                                                                                
^Overview:  Alaska's State  Managed Game  Refuges, Sanctuaries  &                                                               
Critical Habitat Areas                                                                                                          
  Overview: Alaska's State Managed Game Refuges, Sanctuaries &                                                              
                     Critical Habitat Areas                                                                                 
                                                                                                                              
3:30:41 PM                                                                                                                  
CHAIR GIESSEL  said the  first order of  business today  would be                                                               
the   overview   of   Alaska's  state   managed   game   refuges,                                                               
sanctuaries,  and critical  habitat areas.  She said  special use                                                               
areas are  created by the  legislature and  are a part  of Alaska                                                               
that is  unique in terms  of habitat, wildlife,  and recreational                                                               
opportunities. Discussions  about access  and use of  these lands                                                               
are  frequent,  and understanding  how  the  state manages  these                                                               
areas  is   critical  to  building   the  public's   literacy  on                                                               
management policy. She invited the  Alaska Department of Fish and                                                               
Game (ADF&G) to present the overview.                                                                                           
                                                                                                                                
3:31:46 PM                                                                                                                    
MORGAN  FOSS,  Special  Assistant  to  the  Commissioner,  Alaska                                                               
Department  of  Fish  and  Game   (ADF&G),  said  Alaska's  three                                                               
different  types  of  special  use  areas  are  outlined  in  the                                                               
Constitution as special purpose sites  and they are designated by                                                               
the legislature  for their natural  beauty and  their historical,                                                               
cultural,   recreational,  or   scientific  value.   Statute  has                                                               
definitions for  all three kinds  of areas. Their  management is,                                                               
in  turn,  dictated  by  statute and  the  management  plans  and                                                               
regulation  are developed  through a  collaborative process  with                                                               
the  public. The  state has  32  special areas  across the  state                                                               
mostly in Cook Inlet and Bristol  Bay to protect water fowl. Most                                                               
of  these areas  were designated  in an  era prior  to geographic                                                               
information system (GIS), digital  mapping, and satellite imagery                                                               
and  when   many  of  the  legal   descriptions  and  cartography                                                               
descriptions were performed by hand.                                                                                            
                                                                                                                                
3:33:43 PM                                                                                                                    
CHAIR  GIESSEL asked  how many  state special  areas adjoin  with                                                               
federal special areas.                                                                                                          
                                                                                                                                
MS. FOSS  answered that she didn't  have that figure off  the top                                                               
of her  head, but ADF&G  staff could address that.  She continued                                                               
that Alaska  has 12  wildlife game  refuges, 17  critical habitat                                                               
areas  (CHA),   and  3  wildlife   game  sanctuaries   that  were                                                               
established  for three  principal reasons:  to protect  unique or                                                               
exceptional  habitat   supporting  a   broad  range   of  species                                                               
including species  of conservation and economic  concern, for the                                                               
conservation  of fish  and  wildlife populations  if  there is  a                                                               
population concern, and for the  public use and enjoyment of high                                                               
quality environments.                                                                                                           
                                                                                                                                
They  support an  array  of recreational  uses  from hunting  and                                                               
fishing  to trapping,  camping, boating,  subsistence activities,                                                               
commercial  activities such  as guiding,  livestock grazing,  and                                                               
commercial fishing. They have provisions  for industrial uses, as                                                               
well,   including  oil   and   gas  extraction,   communications,                                                               
utilities, material extraction, airports and harbors.                                                                           
                                                                                                                                
MS.  FOSS   said  ADF&G   estimates  an   excess  of   2  million                                                               
recreational  users, both  residents and  visitors, access  these                                                               
areas annually. Many of them  use local commercial facilities and                                                               
operations  when they  do. The  32 special  areas span  3 million                                                               
acres, 4,600 square  miles, or .7 percent of  Alaska's total land                                                               
mass.                                                                                                                           
                                                                                                                                
3:35:50 PM                                                                                                                    
CHAIR GIESSEL asked the difference between wildlife and game.                                                                   
                                                                                                                                
MS.   FOSS    answered   that   the   definition    is   somewhat                                                               
interchangeable,  but  game is  taken  for  hunting purposes  and                                                               
wildlife is a more general term.                                                                                                
                                                                                                                                
SENATOR BISHOP asked if one can hunt in sanctuaries or refuges.                                                                 
                                                                                                                                
MR. FOSS replied those allowances  are different for each type of                                                               
special area.  Sanctuaries are more restrictive  on which species                                                               
can  be taken  and  even  within these  categories  there may  be                                                               
differences outlined in statute by  the legislature for the uses.                                                               
She would describe those later.                                                                                                 
                                                                                                                                
3:36:46 PM                                                                                                                    
CHAIR GIESSEL  reiterated her earlier question,  and wondered how                                                               
many of  the 32  special areas also  adjoin to  federally managed                                                               
areas and if the management is similar.                                                                                         
                                                                                                                                
BRUCE DALE,  Director, Division of Wildlife  Conservation, Alaska                                                               
Department of Fish and Game  (ADF&G), Anchorage, Alaska, answered                                                               
that  he would  have to  get back  to her  to make  sure this  is                                                               
correct, because  there is a  variety of different  answers based                                                               
on which area they are talking about.                                                                                           
                                                                                                                                
MS. FOSS described  the division of labor  within the department.                                                               
The  Habitat Division  is the  planning and  permitting lead  and                                                               
assists  with management.  It is  responsible for  developing the                                                               
management plans  for these  legislatively designated  areas. The                                                               
Wildlife Conservation  Division is  the co-lead for  planning and                                                               
provides  support for  permitting and  day-to-day operations  and                                                               
management of the  refuges and sanctuaries and  provides the lead                                                               
in critical habitat  areas. Both divisions work  closely with the                                                               
Sport fish,  Commercial Fisheries, and Subsistence  Divisions, as                                                               
well, to  defer to their management  authorities, particularly in                                                               
the development of management plans.                                                                                            
                                                                                                                                
3:39:01 PM                                                                                                                    
CHAIR GIESSEL  asked for a  description of  wildlife conservation                                                               
description. Is hunting prohibited in those areas?                                                                              
                                                                                                                                
MS.  FOSS   answered  that  some   special  areas   have  hunting                                                               
restrictions. "Wildlife  conservation" is a general  term used by                                                               
the department  for the management  of species, game  species, in                                                               
particular.                                                                                                                     
                                                                                                                                
SENATOR WIELECHOWSKI asked how the  uses of a management area are                                                               
determined.                                                                                                                     
                                                                                                                                
MS. FOSS  replied the  legislature sets  the primary  purpose for                                                               
each special area  in statute and then the  department works with                                                               
the public, users  and interest groups to  interpret that intent.                                                               
Sometimes  the   legislature  will  explain   specifically  which                                                               
species are protected  or describe that the intent  is to protect                                                               
the habitat  and a species  in that habitat. Then  the department                                                               
would  provide  information on  which  species  would be  covered                                                               
under that habitat.                                                                                                             
                                                                                                                                
3:41:14 PM                                                                                                                    
MS. FOSS said their management goals are:                                                                                       
-to meet statutory responsibilities                                                                                             
-to maintain and enhance public access (primary consideration)                                                                  
-to permit and manage multiple uses                                                                                             
                                                                                                                                
In  the management  plan development  process, they  engage local                                                               
communities and for  each of the divisions this is  part of their                                                               
primary core mission.                                                                                                           
                                                                                                                                
3:42:20 PM                                                                                                                    
In management  plan development they  try to be  as comprehensive                                                               
as possible  and engage all public,  commercial users, industrial                                                               
interests,  governmental entities.  They  consider the  statutory                                                               
purpose and the  primary goal, which is to  protect public access                                                               
to those resources.                                                                                                             
                                                                                                                                
She  said  the  Boards  of  Fisheries  and  Game  maintain  their                                                               
allocative  authority  within  these  refuges,  sanctuaries,  and                                                               
critical habitat areas.  The department issues permits  to try to                                                               
align  user activity  with  the  uses that  are  outlined in  the                                                               
management plan.  Over the  past five  years, they  have received                                                               
almost  700 applications  for use  permits; roughly  23 of  those                                                               
were  determined to  not require  a  permit; in  9 instances  the                                                               
applications were  withdrawn; and permits  were denied in  two or                                                               
three instances. One of those  (construction of a tree stand) was                                                               
overturned by the commissioner. In  most cases, denial is because                                                               
of an incompatible use.                                                                                                         
                                                                                                                                
3:44:34 PM                                                                                                                    
SENATOR WIELECHOWSKI said he wanted  a synopsis of the three that                                                               
were denied.                                                                                                                    
                                                                                                                                
CHAIR GIESSEL  asked if the  management plans designate  the uses                                                               
in that area.                                                                                                                   
                                                                                                                                
3:45:38 PM                                                                                                                    
RON BENKERT, Fish and Game  Coordinator, Habitat Division, Alaska                                                               
Department of Fish and Game  (ADF&G), Anchorage, Alaska, answered                                                               
that the  Boards of  Fisheries and Game  retain their  ability to                                                               
set hunting  regulations within  special areas.  In fact,  one of                                                               
the  primary objectives  of  the management  plan  is to  provide                                                               
public access for hunting, fishing, and recreational activities.                                                                
                                                                                                                                
MS. FOSS said the management  plan development process includes a                                                               
public comment period and the  public will often provide feedback                                                               
after  a management  plan has  been established.  Some management                                                               
plans are updated  frequently based on new  developments and user                                                               
interests within that area.                                                                                                     
                                                                                                                                
3:47:27 PM                                                                                                                    
Management issues  in special  use areas:  The State  Game Refuge                                                               
Manager, Joe Meehan  (online), is one of  the primary individuals                                                               
responsible for management issues that  come up in special areas.                                                               
These  activities  may  include   maintaining  trail  access  and                                                               
upgrades,  boundary   marking,  providing  mapping   and  marking                                                               
trails, updating  website information  for user  access, facility                                                               
upkeep  (vandalism and  waste disposal),  mitigating use  impacts                                                               
(including  dumping),  permitting/lease activity  monitoring  and                                                               
field inspections,  and basic resource  monitoring to  ensure the                                                               
user activity is indeed compatible with statutory intent.                                                                       
                                                                                                                                
3:48:54 PM                                                                                                                    
Special area use activities are  not consistent for every special                                                               
area. Some special  areas are much more remote and  see less user                                                               
access.  The  slides  provide  examples  of  special  areas  -  a                                                               
sanctuary,  a   critical  habitat  area,   and  a  refuge   -  to                                                               
demonstrate how they  might be different in  statute. Even within                                                               
those categories there can be differences in the uses.                                                                          
                                                                                                                                
3:50:07 PM                                                                                                                    
MR.  DALE  described the  world-famous  McNeil  River State  Game                                                               
Refuge  and  Sanctuary,  established  in 1967.  The  refuge  area                                                               
around the  sanctuary was  added in 1993.  The big  attraction is                                                               
brown  bears  that are  attracted  to  the abundant  salmon.  The                                                               
legislature  specifically   excluded  hunting  of   bears  there,                                                               
because it is such a special resource.                                                                                          
                                                                                                                                
The Palmer Hay  Flats State Game Refuge was  established in 1975.                                                               
Being  close to  population  centers, it  is used  for  a lot  of                                                               
things, but  it is  a big staging  area for  migratory waterfowl,                                                               
nesting  birds,   overwintering  moose,  small   furbearers,  and                                                               
salmon. It is popular for hunting and good salmon fishing.                                                                      
                                                                                                                                
3:52:02 PM                                                                                                                    
CHAIR GIESSEL said  it is close to a  transportation corridor and                                                               
asked if there are a lot of user conflicts.                                                                                     
                                                                                                                                
MR.  DALE answered  no. It  has some  garbage issues,  but it  is                                                               
supported by user  group works with the state to  make sure it is                                                               
kept clean and  provides the kind facilities and  access that the                                                               
public wants.                                                                                                                   
                                                                                                                                
3:53:17 PM                                                                                                                    
MR.  DALE   said  the  Susitna   Flats  State  Game   Refuge  was                                                               
established in  1976. It is  a big  waterfowl nesting area  and a                                                               
feeding  and  staging  area during  migration,  it's  good  moose                                                               
habitat,  and  because  of  the salmon  resource  there  is  bear                                                               
hunting  and  viewing.  The refuge  has  important  spawning  and                                                               
rearing habitats, so fishing is  good, too. It's notable, because                                                               
there  is oil  and gas  development offshore.  However, waterfowl                                                               
hunting is one of the main uses besides fishing.                                                                                
                                                                                                                                
3:54:27 PM                                                                                                                    
SENATOR BISHOP asked if duck camps are allowed there.                                                                           
                                                                                                                                
MR. DALE replied yes. Some cabins  are leased for the life of the                                                               
permittee, but the department is  struggling to figure out how to                                                               
make them available to users when the owner dies.                                                                               
                                                                                                                                
SENATOR VON  IMHOF recounted that  some of her  constituents have                                                               
duck shacks  there and understand  at the  end of their  life, no                                                               
one knows what is going to  happen to those shacks. Can they sell                                                               
the rights to a friend or a family member?                                                                                      
                                                                                                                                
MR.  DALE replied  that he  recently learned  about a  management                                                               
model   in   Southeast    where   the   Territorial   Sportsmen's                                                               
organization builds  cabins on state  lands and they  are managed                                                               
by the  Division of State Parks.  He said this issue  needs to be                                                               
dealt with and they are looking into it.                                                                                        
                                                                                                                                
3:57:04 PM                                                                                                                    
MR.  DALE said  the Fox  River  Flats Critical  Habitat Area  was                                                               
established in Kachemak  Bay in 1972. It's an  important area for                                                               
migratory  shorebirds, waterfowl,  other water  birds, moose  and                                                               
other terrestrial animals. It is a  rich zone where river meets a                                                               
bay, and  the legislature chose  to designate that as  a critical                                                               
area. That concluded his presentation.                                                                                          
                                                                                                                                
CHAIR GIESSEL,  finding no  questions, thanked  Mr. Dale  and Ms.                                                               
Foss for the presentation.                                                                                                      
                                                                                                                                
        HB 130-GAME REFUGE/CRIT HABITAT AREA BOUNDARIES                                                                     
                                                                                                                                
3:57:57 PM                                                                                                                    
CHAIR  GIESSEL announced  consideration of  HB 130  that aims  to                                                               
correct old errors  that were made in documenting  the parcels of                                                               
land  within various  state managed  special areas.  These errors                                                               
result  in   some  parcels  being   excluded  from   the  special                                                               
management areas, contrary to the intent  of the law. She said HB                                                               
130 was introduced in February 2017  and passed the other body in                                                               
April. It came  to this committee at the end  of the 2017 regular                                                               
session. She invited Ms. Foss to present it to the committee.                                                                   
                                                                                                                                
MORGAN  FOSS,  Special  Assistant  to  the  Commissioner,  Alaska                                                               
Department  of Fish  and Game  (ADF&G), said  the department  has                                                               
been  considering this  issue  for  a long  time.  Some of  these                                                               
errors have existed since the mapping was done as early as 1913.                                                                
                                                                                                                                
She  said each  special  area  is defined  in  statute, so  those                                                               
boundary descriptions  may be by  township or based on  maps that                                                               
were drawn  up by the  United States Geological Survey  (USGS) in                                                               
the 1960/70s. The  first one is the Izembek State  Game Refuge on                                                               
the Alaska Peninsula near Cold Bay  and it was established by the                                                               
legislature  in   1972.  The  lagoon  area   includes  tidal  and                                                               
submerged  land and  is delineated  by the  mean high-water  line                                                               
onshore.  The  red  areas  were   not  including  in  statute  as                                                               
containing mean  high-water line and  that is why they  want them                                                               
added to meet the statutory  intent. They were omitted because of                                                               
errors in  the USGS maps or  lack of information when  these were                                                               
established. The  intent of the  statute is to  incorporate these                                                               
water bodies  within the National  Wildlife Refuge  Watershed and                                                               
adding the  entire water  body fully  protects the  waterfowl and                                                               
shorebird habitat of the bay and the lagoon.                                                                                    
                                                                                                                                
CHAIR GIESSEL  asked if  the red  areas had  not been  claimed as                                                               
private property.                                                                                                               
                                                                                                                                
MS. FOSS answered no.                                                                                                           
                                                                                                                                
4:01:27 PM                                                                                                                    
SENATOR  BISHOP  said  these  survey  changes  will  have  to  be                                                               
advertised in the public record and asked if that had been done.                                                                
                                                                                                                                
MS.  FOSS replied  that  they had  performed  surveys on  certain                                                               
areas  that are  included  within the  refuge boundaries.  Others                                                               
will be done  upon inclusion into the sanctuary. A  large part of                                                               
their work  is outreach to the  public. So, if this  were to pass                                                               
the  legislature,  they would  certainly  reach  out to  affected                                                               
users within each  of the refuges to inform them  of the changes.                                                               
In many instances,  because they are following the  intent of the                                                               
statute  to  the  best  of  their  ability,  there  will  not  be                                                               
significant  impacts  to  users  by  cleaning  up  the  statutory                                                               
language.                                                                                                                       
                                                                                                                                
4:02:59 PM                                                                                                                    
MS. FOSS said  the next slide described Cape  Newenham State Game                                                               
Refuge that is  similar to the situation in Izembek.  It was also                                                               
established  in 1972  and includes  tidal and  submerged land.  A                                                               
segment  of Chagvan  Bay was  not  described in  its entirety  in                                                               
statute and  this would  be clean up  language to  describe where                                                               
the  mean  high-water line  is.  They  would conduct  surveys  to                                                               
describe that in the management plan, as well.                                                                                  
                                                                                                                                
The Palmer  Hay Flats  State Game Refuge  was designated  in 1975                                                               
and  contains watersheds  fed  from the  Matanuska  and the  Knik                                                               
Rivers. The affected areas relate  to riverbeds that are owned by                                                               
the  public   in  the  state.  Currently   these  waterways  have                                                               
motorized  boat  access  and so  incorporating  them  into  their                                                               
authority  would not  impact users  from bringing  boats up  into                                                               
these areas. They  also have general permits  for winter overland                                                               
travel (ATV  access) on  frozen waterways.  In almost  all cases,                                                               
these  are  anadromous  streams supporting  salmon  spawning  and                                                               
rearing activity.  That is why  they would like them  included to                                                               
meet the  intent of the  statute. She explained that  these plats                                                               
were surveyed in 1913 with  a fixed river channel description and                                                               
since that time  these waterways have shifted and  now meander in                                                               
and out  of that fixed plat  description. So, this language  is a                                                               
clean up and will allow them  to apply their land management plan                                                               
to areas that were previously excluded.                                                                                         
                                                                                                                                
4:05:32 PM                                                                                                                    
MS. FOSS  said the  Port Moller Critical  Habitat Area  (CHA) was                                                               
designated in 1972  and the legal description was  a misprint and                                                               
shifted the range six miles west  of where it was intended to be.                                                               
It was  supposed to  exclude the community  of Nelson  Lagoon but                                                               
was  placed  within a  critical  habitat  area. Since  then,  the                                                               
department,  knowing  that was  an  error,  has not  pursued  any                                                               
habitat permitting for the community.                                                                                           
                                                                                                                                
4:06:54 PM                                                                                                                    
The Egegik  Critical Habitat Area  boundary had two typos  in the                                                               
original legislation from 1972.  In both instances the characters                                                               
in the  description were  replaced with  a 1 instead  of a  2 and                                                               
north instead of  south. So, a non-contiguous  block is affected.                                                               
The  same goes  for Pilot  Point.  Ms. Foss  explained that  only                                                               
state lands are  affected by these corrections  and the locations                                                               
are not near any infrastructure or villages.                                                                                    
                                                                                                                                
4:07:41 PM                                                                                                                    
Fox River  Flats Critical  Habitat Area  was created  in Kachemak                                                               
Bay  in 1972  and partially  overlaps the  Kachemak Bay  Critical                                                               
Habitat Area. Four of the  seven sections in the northeast corner                                                               
excluded  tidal  and  submerged  lands.  The  exclusion  was  not                                                               
applied  consistently  across  either   the  upland  or  tideland                                                               
(purple line  on the map)  in the  submerged area. The  only land                                                               
added within the  boundary to that CHA is areas  where the purple                                                               
line intersects  with the blue  hatched areas which  includes the                                                               
Bradley River on the east side,  as well. She noted that Kachemak                                                               
Bay is simultaneously  sinking, and the land  is rebounding. This                                                               
impacts the channels where the  purple lines intersect with tidal                                                               
lands.  These  channels  contain  coho rearing  habitat  and  the                                                               
department  wants to  consistently  apply  their management  plan                                                               
across those areas.                                                                                                             
                                                                                                                                
4:09:51 PM                                                                                                                    
MS. FOSS said the Kachemak  Bay CHA boundary description resulted                                                               
from one township being omitted  from the list that was submitted                                                               
to  create  this  area,  an   oversight.  Kachemak  Bay  CHA  was                                                               
established  in  1974 and  it  was  described  within a  list  of                                                               
townships and ranges.  Shifting the boundary will  add around 200                                                               
acres  to this  CHA (without  having  surveyed it).  It will  not                                                               
impact current property owners or user access.                                                                                  
                                                                                                                                
4:11:40 PM                                                                                                                    
Finally,  the one  addition to  a  critical habitat  area is  the                                                               
addition of 1400  acres in Dude Creek CHA (created  in 1988) near                                                               
the City of Gustavus. The  proposed addition was purchased by the                                                               
Nature  Conservancy in  2004  and transferred  to  the state  for                                                               
management. The intended  purposed was to include it  in the Dude                                                               
Creek Critical Habitat  Area. DNR is the custodian  now. In order                                                               
to incorporate  this into  the CHA, as  the community  has asked,                                                               
its  description would  need  to  be included  in  statute and  a                                                               
management plan would have to be  developed. In 2016, the City of                                                               
Gustavus  passed  a resolution  urging  the  legislature to  make                                                               
these  changes so  they could  work with  the departments  on the                                                               
management plan.  The significance of this  area is that it  is a                                                               
stop-over  area   for  migratory  sand  hill   cranes  and  other                                                               
migratory birds.  Motorized vehicle  use is  still allowed  as is                                                               
hunting and trapping.  User access across Icy Strait  will not be                                                               
impacted.                                                                                                                       
                                                                                                                                
Language  in HB  130  says the  management  plan should  preserve                                                               
access to non-critical habitat area  land (private land, a school                                                               
trust parcel, and the Native allotment).                                                                                        
                                                                                                                                
4:14:00 PM                                                                                                                    
CHAIR GIESSEL opened public testimony on HB 130.                                                                                
                                                                                                                                
WAYNE  HALL, representing  himself, Anchorage,  Alaska, supported                                                               
HB 130. He is a big supporter  of special areas in Alaska and the                                                               
boundary  changes and  additions,  especially in  the Dude  Creek                                                               
area, because they benefit fish and wildlife.                                                                                   
                                                                                                                                
MARILYN   HOUSER,   representing  herself,   Anchorage,   Alaska,                                                               
supported HB  130. It's extremely important  to preserve habitat,                                                               
and she  wished to see  these areas managed for  the preservation                                                               
and protection of fish and wildlife habitat.                                                                                    
                                                                                                                                
4:16:51 PM                                                                                                                    
ROBERT  ARCHIBALD, Friends  of Kachemak  Bay  State Park,  Homer,                                                               
Alaska, supported HB  130. He also was speaking on  behalf of the                                                               
Kachemak Bay  Water Trail. The  management plan for  the critical                                                               
habitat is being  updated at this time for both  Kachemak Bay and                                                               
Fox River Flats  and it would be beneficial for  the two areas to                                                               
coincide with the new management plans.                                                                                         
                                                                                                                                
4:18:16 PM                                                                                                                    
NICOLE  AREVALO, representing  herself, Homer,  Alaska, supported                                                               
HB 130. She  sees making these changes a bit  like re-editing the                                                               
grammar on a second draft of  an essay. Since 1970, ADF&G has had                                                               
time  to  manage  these  areas; mapping  has  improved,  and  the                                                               
boundary mistakes have been caught over  the years. Now is a good                                                               
time to correct them.                                                                                                           
                                                                                                                                
ADF&G  has   determined  there  would  be   no  additional  costs                                                               
associated  with  the  proposed  changes. In  fact,  these  minor                                                               
alterations  will  save  them time.  The  changes  make  sensible                                                               
concise  legal boundaries  freeing  up some  lands  that are  not                                                               
right  for habitat  protection including  the Nelson  Lagoon. The                                                               
wetlands in  the CHA have  already been purchased and  donated to                                                               
the  state for  the express  purpose  of being  included in  that                                                               
management  area  in  cooperation   with  Department  of  Natural                                                               
Resources  (DNR),  and they  have  been  being managed  by  ADF&G                                                               
similarly to the  rest of the CHA. Their  official inclusion into                                                               
that boundary is  simply the final step in the  legal process the                                                               
state agencies have been following.                                                                                             
                                                                                                                                
TOM ROTHE,  representing himself, Eagle River,  Alaska, supported                                                               
HB 130.  He is a  retired ADF&G  waterfowl biologist and  is very                                                               
familiar with the  special areas. He said the  state public lands                                                               
are increasingly  important because  access is  becoming limited,                                                               
even  in Alaska,  especially around  urban  areas. He  emphasized                                                               
that  over  the  years  ADF&G  has  done  a  very  competent  and                                                               
transparent job  of management  planning for  every one  of these                                                               
areas, dealing  with "some really  thorny issues" on a  couple of                                                               
them. These management plans are  very thorough and represent the                                                               
best solutions bearing in mind all the values of these areas.                                                                   
                                                                                                                                
He also  pointed out that  the management of state  game refuges,                                                               
in particular,  and CHAs is  substantially different than  on the                                                               
National  Wildlife   Refuges  and  federal   conservation  units.                                                               
Everyone  agrees that  the best  sensible  regulation comes  from                                                               
those closest to home and who  use the resources. He also said it                                                               
would be embarrassing for the  government to not correct boundary                                                               
lines for 40  years. No one would want the  government to come in                                                               
and pencil the property line in  over their land, and one doesn't                                                               
know  whether the  private landowner  has to  comply or  not. The                                                               
mistakes should be corrected, especially  where Nelson Lagoon got                                                               
accidentally  included  in  a  loop they  weren't  aware  of.  In                                                               
closing,  he emphasized  that none  of the  actions in  this bill                                                               
will  substantially   change  a   management  plan   or  increase                                                               
restrictions. It  will not  call for  policy changes  that affect                                                               
how people use these areas.                                                                                                     
                                                                                                                                
4:25:50 PM                                                                                                                    
GEORGE PIERCE, representing himself,  Kasilof, Alaska, opposed HB                                                               
130. He said  it's a terrible idea. Once  everyone starts driving                                                               
on  the new  road, "there  goes the  wildlife and  it won't  come                                                               
back." He urged them to protect fish and wildlife.                                                                              
                                                                                                                                
4:26:11 PM                                                                                                                    
CHAIR  GIESSEL,  finding  no   further  comments,  closed  public                                                               
testimony and finding no questions, she set HB 130 aside.                                                                       
                                                                                                                                
        SB 158-OIL/HAZARDOUS SUB.:CLEANUP/REIMBURSEMENT                                                                     
                                                                                                                                
4:26:37 PM                                                                                                                    
CHAIR GIESSEL  announced consideration of  SB 158. She  said when                                                               
homeowners discover  an oil  spill on  their property,  usually a                                                               
heating  oil tank  that spills,  the Department  of Environmental                                                               
Conservation (DEC) has the authority  and is tasked with managing                                                               
that  spill. Current  law  requires the  department  to pass  its                                                               
clean-up  costs  to  the   homeowners  without  exceptions.  This                                                               
discourages  property owners  from  reporting the  spills in  the                                                               
first place.  SB 158  aims to  make it  easier for  homeowners to                                                               
come forward,  spills to  be identified and  cleaned up,  and the                                                               
department to reward those who promptly report a spill.                                                                         
                                                                                                                                
4:27:14 PM                                                                                                                    
KRISTIN  RYAN,   Director,  Division  of  Spill   Prevention  and                                                               
Response (SPAR), Department  of Environmental Conservation (DEC),                                                               
said  that people  are rarely  equipped to  address a  release on                                                               
their  property. Homeowners  are  usually unequipped  technically                                                               
and financially  to know what  to do and insurance  companies are                                                               
unwilling to cover  the costs that can go from  $6,000 to $80,000                                                               
for a  full tank.  Home owners are  stuck, and it  can be  a huge                                                               
hardship.  Knowing that  inhibits people  from contacting  DEC if                                                               
they know they can't afford it  their help. DEC's goal is to help                                                               
them   with   their   problem  and   reduce   the   environmental                                                               
contamination. They  can provide  that technical service  now but                                                               
must  bill them  for it.  SB 158  will allow  DEC to  waive their                                                               
billing.  The  revenue  generated   by  cost  recovery  in  these                                                               
situations is  minimal and not  worth the cost of  homeowners not                                                               
notifying them.                                                                                                                 
                                                                                                                                
MS. RYAN said  this problem is more common  in Fairbanks, Juneau,                                                               
and  rural communities  because  they use  oil  for home  heating                                                               
primarily.                                                                                                                      
                                                                                                                                
4:30:29 PM                                                                                                                    
She  reviewed  the steps  in  a  home  heating spill,  which  are                                                               
controlling  the source,  recovering the  free product  before it                                                               
seeps into the ground, and removing contaminated soil.                                                                          
                                                                                                                                
MS. RYAN  explained that usually  the leak is discovered  after a                                                               
tank has  been filled,  so not  only does  the homeowner  have to                                                               
deal with the spill, they have to  pay for all the fuel they just                                                               
bought. If  it's winter they must  get a mobile storage  tank, so                                                               
they can  stay warm. It  can be overwhelming. Then  adding insult                                                               
to injury, they get  a bill from DEC when all DEC  wants to do is                                                               
help them.                                                                                                                      
                                                                                                                                
She  said DEC  thought  about proposing  standards  to limit  who                                                               
would get  this free service,  but the people it  usually happens                                                               
to don't generate  much revenue anyhow, and they  have found that                                                               
the cost of getting paid isn't  worth the time it takes. Plus, it                                                               
has the consequence of inhibiting compliance.                                                                                   
                                                                                                                                
CHAIR GIESSEL said  SB 158 is a two-page bill  and the content is                                                               
actually in section  (e) and asked her to  talk through criteria,                                                               
rationale and implications.                                                                                                     
                                                                                                                                
4:32:46 PM                                                                                                                    
MS. RYAN  said they spent  quite a bit  of time trying  to figure                                                               
out  how to  craft this  bill to  help the  people they  are most                                                               
wanting to help  and decided on a limitation of  four units since                                                               
those are a  small housing complex that are  relatively common in                                                               
Alaska  and  a large  building  would  be  more of  a  commercial                                                               
operation.  That  is  why  language   is  restricted  to  piping,                                                               
tankage, and equipment used to generate  power for the home - not                                                               
a  commercial operation.  They tried  to capture  the residential                                                               
need.                                                                                                                           
                                                                                                                                
The department wants the home  owners to take measures to contain                                                               
a release as soon  as possible - a bucket to  catch the leak, for                                                               
instance  - and  address the  problem with  prevention and  early                                                               
reporting.  DEC needs  the cooperation  of the  home owner,  too.                                                               
Sometimes they are  refused access, because the  owner knows they                                                               
will  get billed.  The  sooner  DEC can  respond  the better  the                                                               
outcome will  be and it's  critical to  not wait three  months to                                                               
call.                                                                                                                           
                                                                                                                                
4:34:59 PM                                                                                                                    
SENATOR WIELECHOWSKI asked if language-  single family homes - on                                                               
page 2, line 6, applies to trailers.  He has a lot of trailers in                                                               
his district to which, "This happens all the time."                                                                             
                                                                                                                                
MS. RYAN answered yes.                                                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI said  that language on page 2,  line 2, says                                                               
the department "may" waive a portion  of those costs and asked if                                                               
that is totally discretionary.                                                                                                  
                                                                                                                                
MS.  RYAN  answered  that  their process  for  cost  recovery  is                                                               
through an  automated timekeeping  billing system to  which staff                                                               
charges their  time to  certain codes.  The cost  recovery option                                                               
would be turned  off in the situations that  meet these criteria.                                                               
So, there is no discretion.                                                                                                     
                                                                                                                                
SENATOR  WIELECHOWSKI asked  if  there  is a  reason  to not  use                                                               
"shall waive" instead of "may  waive." The same question for "all                                                               
or a portion:" how would that be decided?                                                                                       
                                                                                                                                
MR.  RYAN answered  they wanted  some flexibility  for unforeseen                                                               
situations  and  she prefers  to  keep  the flexibility,  because                                                               
another bill  with a  capital appropriation  would allow  them to                                                               
also  provide  financial  resources   to  home  owners  who  meet                                                               
hardship  criteria (that  is already  in regulation)  to do  some                                                               
clean up. In one home it  might be monitoring vapor that might be                                                               
going  into a  child's  room  and another  home  might need  more                                                               
extreme measures.                                                                                                               
                                                                                                                                
SENATOR  WIELECHOWSKI  asked  if   this  should  be  needs-based,                                                               
because  a millionaire  can  afford  it and  if  there should  be                                                               
requirements  for a  homeowner to  go  through their  homeowner's                                                               
policy  or file  a negligence  case  against the  prior owner  or                                                               
something like that.                                                                                                            
                                                                                                                                
4:39:16 PM                                                                                                                    
MS.  RYAN  replied  that  current  language  inherently  captures                                                               
needs-based homeowners  and repeated  that they are  only looking                                                               
to provide this to small home owners not commercial operators.                                                                  
                                                                                                                                
MS. RYAN  said a lot  of costs  are associated with  these events                                                               
and  she  assumed  a  homeowner  would  be  contacting  insurance                                                               
companies and the responsible party for the release already.                                                                    
                                                                                                                                
She said  a lot  of things are  actually discovered  during sales                                                               
transactions  and that  is when  previous owners  can be  pursued                                                               
through  court mechanisms.  This  proposal in  no  way hampers  a                                                               
homeowner from  doing that.  They have  found that  no homeowners                                                               
insurance  covers  the  costs associated  with  this  unless  the                                                               
contamination leaves  their property  and impacts  other people's                                                               
property.                                                                                                                       
                                                                                                                                
SENATOR  WIELECHOWSKI  said  language  on  page  2,  lines  8-10,                                                               
requires a written  finding that the person did  not willfully or                                                               
negligently fail  to comply  with spill  prevention and  he could                                                               
envision  someone who  had  a  spill and  sells  his property  to                                                               
someone else for  a dollar and then the state  picks up the cost,                                                               
because,  then,  technically the  person  who  owns the  property                                                               
isn't negligent; it's the person before them.                                                                                   
                                                                                                                                
MS.  RYAN said  that reminded  her of  their other  bill, SB  64,                                                               
which is a uniform criminal covenants  act, so that there is full                                                               
disclosure  when  contaminated  property  is  transferred.  If  a                                                               
purchaser  receives contaminated  property and  they didn't  know                                                               
it,  they  would  pursue that  individual  through  the  judicial                                                               
system.                                                                                                                         
                                                                                                                                
4:42:22 PM                                                                                                                    
SENATOR  VON  IMHOF  asked  if  everyone  will  automatically  be                                                               
granted the  waiver initially, at  least for a  certain threshold                                                               
amount.                                                                                                                         
                                                                                                                                
MS.  RYAN answered  yes; their  billing will  stop automatically.                                                               
Staff won't even know when bills are going out.                                                                                 
                                                                                                                                
4:43:32 PM                                                                                                                    
SENATOR VON IMHOF noted that  this bill is retroactive to January                                                               
1, 2018, and a  DEC document says in 2017 there  were 50 of these                                                               
types of  spills, but there  are currently 150 active  sites that                                                               
would be eligible. So, she wanted  to know if they are going back                                                               
earlier or if these are ongoing sites for the last couple years.                                                                
                                                                                                                                
MS.  RYAN replied  they have  been ongoing  and that  these sites                                                               
usually  take  quite a  long  time  to  resolve. The  sites  that                                                               
happened several years will not get reimbursed.                                                                                 
                                                                                                                                
SENATOR VON  IMHOF said but  starting from  now they will  not be                                                               
charged.                                                                                                                        
                                                                                                                                
MS. RYAN said that was correct.                                                                                                 
                                                                                                                                
SENATOR  VON IMHOF  said  the fiscal  note  says the  regulations                                                               
won't be written until 2020 and asked why so long from now.                                                                     
                                                                                                                                
MS. RYAN  replied that they will  be written as soon  as the bill                                                               
becomes law if it becomes law.  They needed a window of time, but                                                               
it won't take that long.                                                                                                        
                                                                                                                                
CHAIR GIESSEL noted that regulations  will be adopted by 2020 and                                                               
the process  takes a  while because of  public comment  once they                                                               
are written.                                                                                                                    
                                                                                                                                
4:45:25 PM                                                                                                                    
SENATOR MEYER recalled  that their operating budget  is small and                                                               
asked if they can absorb a $60,000 reduction.                                                                                   
                                                                                                                                
MS.  RYAN  replied  the  way  their  budget  works,  the  revenue                                                               
collected  through cost  recovery  goes into  the  fund, and  the                                                               
legislature  allocates a  certain percentage  of that  fund every                                                               
year  for the  division's operations.  It will  not impact  their                                                               
annual operating  budget, but it  will reduce what goes  into the                                                               
overall account they draw from over the years.                                                                                  
                                                                                                                                
SENATOR  MEYER said  he may  be thinking  more on  the commercial                                                               
side of things, but typically  whoever caused the spill should be                                                               
paying the  cost of  cleanup. It  could be  a half-million-dollar                                                               
home  or a  hundred-thousand-dollar  home. "We  want  them to  be                                                               
responsible homeowners and take care  of their heating oil tanks,                                                               
etc." He  asked if  they are taking  some of  that responsibility                                                               
away from them by offering this program.                                                                                        
                                                                                                                                
MS.  RYAN didn't  agree and  said homeowners  are usually  caught                                                               
off-guard when  this occurs. A  lot of times  it is out  of their                                                               
control; if  it's an underground  storage tank they may  not have                                                               
even been  aware of  it. They  are still taking  the bulk  of the                                                               
burden on by  cleaning up the spill. Helping them  figure out how                                                               
to do that is a minimal "give" from the department.                                                                             
                                                                                                                                
SENATOR MEYER asked how much a typical clean-up costs.                                                                          
                                                                                                                                
MS.  RYAN  replied the  lowest  she  has  seen  is $6,000  for  a                                                               
cleanup, but it can get up to over $80,000.                                                                                     
                                                                                                                                
SENATOR  MEYER asked  if it  cost  $80,000 would  DEC share  that                                                               
responsibility with the homeowner.                                                                                              
                                                                                                                                
MS.  RYAN replied  that the  homeowner still  has to  pay all  of                                                               
that.  This bill  would  say that  DEC doesn't  have  to ask  the                                                               
homeowner  to reimburse  it  for  their time  to  just help  them                                                               
figure it out. Her part of  that $80,000 might be $2000 or $4,000                                                               
of staff time helping them respond.                                                                                             
                                                                                                                                
She said  that several  years ago the  legislature passed  a bill                                                               
adding  a tax  for  refined  fuels and  she  feels  they are  now                                                               
contributing to pay their costs when they purchase that fuel.                                                                   
                                                                                                                                
4:49:49 PM                                                                                                                    
SENATOR  MEYER  said  whenever   the  legislature  starts  a  new                                                               
constituency, it tends to grow, and  asked if this would apply to                                                               
septic tanks  or water-well contamination.  Does DEC  garnish the                                                               
Permanent Fund dividend if people can't pay?                                                                                    
                                                                                                                                
MS. RYAN answered  no. The department doesn't  bill for providing                                                               
technical assistance for other things  like septic tanks and well                                                               
contamination. SPAR  is the only  division that charges  for cost                                                               
recovery; all  other divisions in  the department don't  bill for                                                               
providing technical assistance.                                                                                                 
                                                                                                                                
4:51:19 PM                                                                                                                    
SENATOR BISHOP  asked of the  60 annual releases were  any caused                                                               
by the fuel carrier.                                                                                                            
                                                                                                                                
MS. RYAN said she didn't know,  but that is a potential scenario.                                                               
She  added that  they probably  don't  know about  30 percent  of                                                               
releases.                                                                                                                       
                                                                                                                                
SENATOR BISHOP asked if they trying to encourage more reporting.                                                                
                                                                                                                                
MS. RYAN answered yes.                                                                                                          
                                                                                                                                
SENATOR  BISHOP continued  so department  can use  its mitigation                                                               
expertise with the homeowner to properly clean up the oil.                                                                      
                                                                                                                                
MS. RYAN said  yes. She gave him credit for  asking them to focus                                                               
more on  prevention when they  talked about the refined  fuel tax                                                               
bill.  This is  one  thing  they think  would  help mitigate  the                                                               
effects when spills occur for these homeowners.                                                                                 
                                                                                                                                
She said they would like to  adopt standards for home heating oil                                                               
tanks,  but  it  is  harder   than  anticipated  because  of  the                                                               
variation  in our  climates and  communities. However,  she would                                                               
still like  to adopt some  siting standards for home  heating oil                                                               
tanks, so  that banks  can use that  for home  inspections. Right                                                               
now, one can get an inspection  for a drinking water system and a                                                               
waste water  system, but  there is no  equivalent in  the heating                                                               
oil tank world.                                                                                                                 
                                                                                                                                
4:54:04 PM                                                                                                                    
SENATOR VON  IMHOF asked if a  homeowner calls DEC about  a leak,                                                               
and  decides it's  way too  costly  to do  it, does  she have  an                                                               
obligation to report them to some authority.                                                                                    
                                                                                                                                
MS.  RYAN replied  it varies  a  lot. If  there is  a serious  or                                                               
imminent threat to the environment  they are obligated by statute                                                               
to fix it, but they use all  their powers to get the homeowner to                                                               
at  least  stop the  release  and  minimize  the impacts  to  the                                                               
environment. If they  cannot, which is not very  often, SPAR will                                                               
step in  to do it  using the  Response Account which  is separate                                                               
from the  prevention account. The  department's obligation  is to                                                               
recover its costs, so they will  pursue for cost recovery if they                                                               
know the homeowner has the resources.                                                                                           
                                                                                                                                
CHAIR  GIESSEL said  the fiscal  note is  a negative  $60,000 and                                                               
said another bill in another  committee proposes to raise fees on                                                               
industrial  spills  by  another  $75,000.  She  asked  if  it  is                                                               
coincidental that it would fill this gap.                                                                                       
                                                                                                                                
MS. RYAN answered yes. The other bill  is not about fees; it is a                                                               
penalty for non-compliance.                                                                                                     
                                                                                                                                
4:57:17 PM                                                                                                                    
FABBIENNE PETER  CONTESSE, representing herself,  Juneau, Alaska,                                                               
supported  SB  158.  She  related   a  personal  story  about  an                                                               
underground oil tank leak at  her home in Juneau. She immediately                                                               
called DEC and staff came out  with the information on what to do                                                               
in  order  to  move  forward. After  mitigating  the  tank,  they                                                               
started cleanup spending tens of  thousands of dollars as well as                                                               
several  thousand   dollars  on  soil  testing.   None  of  these                                                               
expenditures are covered by homeowner's  insurance. In 2017, they                                                               
started to  receive bills from  DEC for reviewing their  case and                                                               
every time they  responded to a DEC inquiry or  asked for clarity                                                               
on any guidance they were given.                                                                                                
                                                                                                                                
MS.  CONTESSE   said  she   understands  the   state's  financial                                                               
situation, but  the current  statute discourages  homeowners from                                                               
reaching out  to DEC.  Regarding Senator  Wielechowski's comments                                                               
about  needs  based,  she  personally  is  in  a  very  fortunate                                                               
situation and can  afford to spend thousands of  dollars to clean                                                               
up  this oil  spill,  but being  billed by  DEC  every time  they                                                               
looked  at  her case  kept  her  from  reaching  out to  get  the                                                               
guidance she needed and to work collaboratively.                                                                                
                                                                                                                                
She said homeowners  already pay a surcharge on  heating fuel for                                                               
this fund  and really believe in  what DEC does. The  people they                                                               
have worked  with have been  "top notch." Everyone's goal  is the                                                               
same: to make sure that the environment is cleaned up.                                                                          
                                                                                                                                
5:01:43 PM                                                                                                                    
SENATOR  STEDMAN asked  how  many gallons  were  involved in  her                                                               
spill.                                                                                                                          
                                                                                                                                
MS. CONTESSE replied that they  had a 1200-gallon underground oil                                                               
tank and  the house was built  in 1981. She didn't  know how many                                                               
gallons  were spilled,  maybe several  hundred.  Her property  is                                                               
large and steep, and the seepage was moving downhill.                                                                           
                                                                                                                                
5:02:37 PM                                                                                                                    
SENATOR  WIELECHOWSKI said  he appreciated  her testimony  and he                                                               
didn't realize  DEC was charging  for making calls;  that doesn't                                                               
seem right. He  thought it might related to  how "response costs"                                                               
on page  2, line  2, was  defined. He thought  DEC was  doing the                                                               
actual cleanup.                                                                                                                 
                                                                                                                                
MS.  CONTESSE  responded that  DEC  came  out  to the  house  and                                                               
advised  on the  cleanup,  which was  basically slogging  through                                                               
their property with  oil absorbent boom and pads.  They also came                                                               
out to  the house  and advised  them on where  to dig  test holes                                                               
after eliminating all  "free product." DEC staff came  out to the                                                               
house  but weren't  doing the  cleanup, and  when they  called or                                                               
when she sent emails,  she was billed for it. But  that is in the                                                               
statute; it  wasn't the individuals  at DEC deciding to  do that.                                                               
That was frustrating for her, but also of the DEC staff.                                                                        
                                                                                                                                
5:04:39 PM                                                                                                                    
CHAIR  GIESSEL thanked  her and  opened public  testimony. Seeing                                                               
none, she closed it and set SB 158 aside.                                                                                       
                                                                                                                                
5:05:11 PM                                                                                                                    
CHAIR GIESSEL  adjourned the  Senate Resources  Committee meeting                                                               
at 5:05 p.m.                                                                                                                    

Document Name Date/Time Subjects
HB130 Sponsor Statement.pdf SRES 2/2/2018 3:30:00 PM
HB 130
HB130 Sectional Analysis.pdf SRES 2/2/2018 3:30:00 PM
HB 130
HB130 Fiscal Note-DFG-WC-01-11-18.pdf SRES 2/2/2018 3:30:00 PM
HB 130
HB130 Fiscal Note-DFG-HAB-01-11-18.pdf SRES 2/2/2018 3:30:00 PM
HB 130
HB130 ADF&G Hearing Request Letter for Senate Resources Committee.pdf SRES 2/2/2018 3:30:00 PM
HB 130
HB130 Additional Documents-Resolution Gustavus City Council.pdf SRES 2/2/2018 3:30:00 PM
HB 130
HB130 Additional Documents-Map Special Areas Boundary Changes.pdf SRES 2/2/2018 3:30:00 PM
HB 130
HB130 Supporting Documents-Letter Alaska Waterfowl Association.pdf SRES 2/2/2018 3:30:00 PM
HB 130
HB130 Supporting Documents-Letter Alaskans for Palmer Hay Flats.pdf SRES 2/2/2018 3:30:00 PM
HB 130
HB130 Supporting Documents-Letter Aleutians East Borough.pdf SRES 2/2/2018 3:30:00 PM
HB 130
HB130 Supporting Documents-Letter Friends of Glacier Bay.pdf SRES 2/2/2018 3:30:00 PM
HB 130
HB130 Supporting Documents-Letter Friends of Kachemak Bay State Park.pdf SRES 2/2/2018 3:30:00 PM
HB 130
HB130 Supporting Documents-Letter Kachemak Bay Conservation Society.pdf SRES 2/2/2018 3:30:00 PM
HB 130
HB130 Supporting Documents-Letter Kachemak Bay Water Trail.pdf SRES 2/2/2018 3:30:00 PM
HB 130
HB130 Supporting Documents-Letter The Nature Conservancy.pdf SRES 2/2/2018 3:30:00 PM
HB 130
SB158 Transmittal Letter.pdf SRES 2/2/2018 3:30:00 PM
SB 158
SB158 Sectional Analysis.pdf SRES 2/2/2018 3:30:00 PM
SB 158
SB158 Supporting Document-Fact Sheet 1.25.2018.pdf SRES 2/2/2018 3:30:00 PM
SB 158
SB158 Fiscal Note DEC-SPAR-01-22-18.PDF SRES 2/2/2018 3:30:00 PM
SB 158
SB158 ver A.PDF SRES 2/2/2018 3:30:00 PM
SB 158
HB130 Ver A.pdf SRES 2/2/2018 3:30:00 PM
HB 130
Updated Senate Resources Agenda - 2 - 2 - 2018 .pdf SRES 2/2/2018 3:30:00 PM
HB 130 Supporting Document - Letter of Support - Nina Faust.pdf SRES 2/2/2018 3:30:00 PM
HB 130
HB 130 - Supporting Documents - Letter Friends of the Anchorage Coastal Wildlife Refuge - 2 - 2 - 2018.pdf SRES 2/2/2018 3:30:00 PM
HB 130
HB 130 - Supporting Document - Various Support - 2 - 2 - 2018.pdf SRES 2/2/2018 3:30:00 PM
HB 130
HB 130 - Supporting Document - ADFG Habitat Permit Denials 2012 -2017.pdf SRES 2/2/2018 3:30:00 PM
HB 130
HB 130 - Response from Dept Fish & Game to Questions from Senate Resources Committee - 2 - 9 - 2018.pdf SRES 2/2/2018 3:30:00 PM
HB 130