Legislature(1993 - 1994)
01/24/1994 03:30 PM Senate RES
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SENATE RESOURCES COMMITTEE
January 24, 1994
3:30 P.M.
MEMBERS PRESENT
Senator Mike Miller, Chairman
Senator Loren Leman, Vice Chairman
Senator Steve Frank
Senator Drue Pearce
Senator Al Adams
Senator Dave Donley
Senator Fred Zharoff
MEMBERS ABSENT
None
COMMITTEE CALENDAR
SENATE BILL NO. 238
"An Act establishing a procedure for review of proposed projects
under the Alaska coastal management program, and relating to
petitions for compliance with and enforcement of district coastal
management programs under that program and to the disposition of
those petitions."
SENATE JOINT RESOLUTION NO. 40
Urging the Congress to amend the Oil Pollution Act of 1990 with
respect to the financial responsibility requirements for offshore
exploration and production facilities.
SCHEDULED, BUT NOT HEARD THIS DAY.
CS FOR HOUSE BILL NO. 59(MLV)
"An Act making a special appropriation to the Department of Natural
Resources for refunds to certain veterans who purchased state land
and for reimbursement to the University of Alaska for the veterans'
land discount applied to land transferred to the University of
Alaska; and providing for an effective date."
SCHEDULED, BUT NOT HEARD THIS DAY.
PREVIOUS ACTION
SB 238 - No previous action to record.
SJR 40 - No previous action to record.
HB 59 - No previous action to record.
WITNESS REGISTER
Linda Freed
710 Mill Bay Rd.
Kodiak, Alaska 99615
POSITION STATEMENT: Supported SB 238.
Steve Porter
Arco
P.O. Box 100360
Anchorage, Alaska 99510-0360
POSITION STATEMENT: Supported SB 238.
Paul Rusanowski, Direction
Division of Governmental Coordination
P.O. Box 110030
Juneau, Alaska 99811-0020
POSITION STATEMENT: Supported SB 238.
Beth Kerttula, Assistant Attorney General
Department of Law
P.O. Box 110300
Juneau, Alaska 99811-0300
POSITION STATEMENT: Commented on SB 238.
ACTION NARRATIVE
TAPE 94-2, SIDE A
Number 001
CHAIRMAN MILLER called the Resources Committee meeting to order at
3:30 p.m. and announced SB 238 (COASTAL ZONE MANAGEMENT PROCEDURES) S)
to be up for consideration. He announced that there was a 4:00
p.m. briefing they had to attend so he would reschedule the other
bills.
SENATOR ADAMS said he was prepared to move SJR 40.
SENATOR PEARCE, sponsor of SB 238, said it clarifies when and how
certain parties can petition the Coastal Policy Council during an
Alaska Coastal Management Program Consistency Review. It will
ensure that complaints are heard and addressed in a timely manner.
It will ensure that citizens, state agencies, and affected projects
have a voice in the development policies of our state's coastal
areas.
SENATOR ADAMS said that this is a good piece of legislation, but
the title is broad enough to slip a couple of bills into it and he
asked if she intended to keep this language. SENATOR PEARCE
answered that other people might want to make changes, although
this is what she wanted drafted.
Number 112
LINDA FREED, Community Development Director for the Kodiak Borough,
said SB 238, from a district perspective, provides a good approach
to development of good coastal development policy. It established
an appropriate level of review for consistency determinations.
Number 136
STEVE PORTER, Arco, said he had participated in a number of the
working sessions with Linda Freed and this is a consensus bill.
They are comfortable with the direction the bill is taking.
There is one additional amendment he requested. In Section
46.40.096 (e) establishing a reasonable time limit, he wanted 30
days mentioned specifically as a reasonable time frame.
Number 170
PAUL RUSANOWSKI, Director, Division of Governmental Coordination,
emphasized that SB 238 represents several years of work and
consensus building amongst various constituents within the Coastal
Zone Management Program.
He explained that it fixes a legal problem, defined in an Attorney
General's opinion from a year ago, in which Commissioners had been
statutorily defined to participate in elevations and in the Coastal
Policy Council. They cannot render a decision in both situations
when the same project is involved, he said.
SB 238 redrafts the elevation and petition process so that
petitions concerning policy issues of the Coastal Zone Management
Program, district plans, or the state programs remain unchanged
from the present process. Instead of allowing a project to go
through elevation and then to petition, they allow a project review
to go through elevations. Then it would proceed to court if there
were differences of opinion. It would not go to the Coastal Policy
Council. In lieu of the petition process on projects, they are
providing a mechanism whereby an applicant will have an opportunity
to have their comments heard before the Council.
MR. RUSANOWSKI said he has no problem with defining a reasonable
period of time as 30 days. They did not have time to arrive at a
consensus position on it prior to drafting this bill.
Number 227
BETH KERTTULA, Assistant Attorney General, said the bill does solve
the very major due process problem.
SENATOR ADAMS asked if Arco agreed with the "reasonable period of
time?" MS. KERTTULA said they had no problem.
SENATOR ADAMS asked what she thought about the title. MS. KERTTULA
said the title has to describe basically what it describes. She
said there is a possibility it could be tightened.
Number 291
TOM LOHMAN, Barrow, said he supported SB 238 and offered to answer
questions.
SENATOR MILLER thanked everyone for their testimony. he assigned
SB 238 to a subcommittee consisting of Senator Pearce, Chairman,
Senator Miller, and Senator Donley. He adjourned the meeting at
3:50 p.m.
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