Legislature(2019 - 2020)BUTROVICH 205
03/20/2019 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SB51 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 51 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE RESOURCES STANDING COMMITTEE
March 20, 2019
3:30 p.m.
MEMBERS PRESENT
Senator Chris Birch, Chair
Senator John Coghill, Vice Chair
Senator Cathy Giessel
Senator Lora Reinbold
Senator Click Bishop
Senator Scott Kawasaki
Senator Jesse Kiehl
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 51
"An Act requiring the designation of state water as outstanding
national resource water to occur by law; relating to the
authority of the Department of Environmental Conservation, the
Department of Fish and Game, and the Department of Natural
Resources to nominate water for designation as outstanding
national resource water; relating to management of outstanding
national resource water by the Department of Environmental
Conservation; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 51
SHORT TITLE: NATL. RES. WATER NOMINATION/DESIGNATION
SPONSOR(s): RESOURCES
02/11/19 (S) READ THE FIRST TIME - REFERRALS
02/11/19 (S) RES, FIN
03/15/19 (S) RES AT 3:30 PM BUTROVICH 205
03/15/19 (S) Heard & Held
03/15/19 (S) MINUTE(RES)
03/20/19 (S) RES AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
REBECCA LOGAN, CEO
The Alaska Support Industry Alliance
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 51.
OWEN PHILLIPS, External Affairs Coordinator
The Alaska Support Industry Alliance
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 51.
HEATHER LENDE, representing self
Haines, Alaska
POSITION STATEMENT: Testified in opposition of SB 51.
JAN HILL, Mayor
Haines Borough
Haines, Alaska
POSITION STATEMENT: Testified that the Haines Borough did not
have a position on SB 51.
PETE NOLAN, Member Services Director
Alaska Chamber
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 51.
MARLEANNA HALL, Executive Director
Resource Development Council for Alaska, Inc.
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 51.
BRENDA JOSPHESON, representing self
Haines, Alaska
POSITION STATEMENT: Testified in support of SB 51.
KIMBERLEY STRONG, Tribal Council President
Chilkat Indian Village
Klukwan, Alaska
POSITION STATEMENT: Testified in opposition of SB 51.
JIM CLARK, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 51.
DEANTHA CROCKETT, Executive Director
Alaska Miners Association
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 51.
GUY ARCHIBOLD, Staff Scientist
Southeast Alaska Conservation Council
Juneau, Alaska
POSITION STATEMENT: Testified in opposition of SB 51.
SARAH DAVIDSON, Inside Passage Waters Program Manager
Southeast Alaska Conservation Council
Juneau, Alaska
POSITION STATEMENT: Testified in opposition of SB 51.
VIKKI JO KENNEDY, representing self
Kodiak, Alaska
POSITION STATEMENT: Testified in opposition of SB 51.
ACTION NARRATIVE
3:30:26 PM
CHAIR CHRIS BIRCH called the Senate Resources Standing Committee
meeting to order at 3:30 p.m. Present at the call to order were
Senators Kawasaki, Reinbold, Bishop, Giessel, Kiehl, and Chair
Birch.
SB 51-NATL. RES. WATER NOMINATION/DESIGNATION
3:31:00 PM
CHAIR BIRCH announced the consideration of Senate Bill 51 (SB
51).
3:31:34 PM
CHAIR BIRCH opened public testimony.
3:32:11 PM
REBECCA LOGAN, CEO, The Alaska Support Industry Alliance,
Anchorage, Alaska, testified in support of SB 51. She noted that
committee members received a letter of support from a collation
of trade associations expressing their support for the bill. SB
51 defines a process that is put into statute so that people
know what the designation is for a predictable and stable
process.
3:33:20 PM
OWEN PHILLIPS, External Affairs Coordinator, The Alaska Support
Industry Alliance, Anchorage, Alaska, testified in support of SB
51. He said he agreed with the argument to not allow high level
decisions to a singular appointed commissioner or group who may
be swayed by politics or bias. SB 51 allows input from multiple
sources and defines a clear path to the designation of Tier 3
waters, a designation that should not be taken lightly.
3:33:37 PM
SENATOR COGHILL joined the committee meeting.
3:34:56 PM
HEATHER LENDE, representing self, Haines, Alaska, testified in
opposition of SB 51. She opined that SB 51 will make it harder
to protect the environment and wildlife. She suggested that the
United Tribes of Bristol Bay's plan be put forward as the best
way to serve all Alaskans for generations to come.
3:36:43 PM
JAN HILL, Mayor, Haines Borough, Haines, Alaska, testified that
the Haines Borough did not have a position of SB 51. She said
having a fair process to make the Tier 3 determination is
important. She noted that there are two nominations pending for
the Tier 3 designation of the Chilkat River. She said the Tier 3
process must engage: the people that live within a nominated
river watershed, professional agencies, and the legislature. The
Haines Borough recommends that a review by the Division of
Community and Regional Affairs be included.
SENATOR KIEHL asked Mayor Hill if the borough's idea for
"Community and Regional Affairs" is for a public consultation or
a municipal government process.
MAYOR HILL answered that the process could be a combination of
both. People of the community must be engaged as well, and the
borough believes that could happen through "Community and
Regional Affairs."
3:39:37 PM
PETE NOLAN, Member Services Director, Alaska Chamber, Anchorage,
Alaska, testified in support of SB 51. He said the chamber was a
signatory on a letter submitted to the Senate Resources
Committee on behalf of several Alaskan business organizations in
support of the bill. He said the Clean Water Act requires the
state to have a policy and process for Tier 3 water designation.
The authority for Tier 3 designation should lie solely with the
legislature.
3:41:20 PM
MARLEANNA HALL, Executive Director, Resource Development Council
for Alaska, Inc., Anchorage, Alaska, testified in support of SB
51. She said the Tier 3 designation idea has been identified by
groups opposed to all development in Alaska and without a proper
designation process, unnecessary nominations will be made. SB 51
will help protect land and access for Alaska's communities,
native corporations, and rural development projects. Unnecessary
dollars may have to be spent on questionable nominations and
resulting litigation without a proper designation process.
3:43:14 PM
BRENDA JOSPHESON, representing self, Haines, Alaska, testified
in support of SB 51. She said Tier 3 designations place
significant restrictions on communities in a watershed area and
there is no mechanism to undo such a designation. The Tier 3
designation replaces management and enforcement of science-based
water quality standards and regulations with a total prohibition
of any new or expanded discharges. The Tier 3 designations must
be recommended by agencies and communities, but the final
decision should remain with the legislature.
3:44:50 PM
KIMBERLEY STRONG, Tribal Council President, Chilkat Indian
Village, Klukwan, Alaska, testified in opposition of SB 51. She
said the Chilkat Indian Village has asked for a Tier 3
designation of the Chilkat River. SB 51 will require the village
to go through multiple commissioners, the legislature, and the
governor for a designation. She opined that the bill will
eliminate the ability for the Chilkat River to receive a Tier 3
designation.
3:48:30 PM
JIM CLARK, representing self, Juneau, Alaska, testified in
support of SB 51. He noted that Tier 3 designations sets aside a
whole watershed that is de facto wilderness and the designation
should be done by the legislature as is done for state parks. SB
51 codifies existing DEC policy and would provide certainty to
the public.
3:51:58 PM
DEANTHA CROCKETT, Executive Director, Alaska Miners Association,
Anchorage, Alaska, testified in support of SB 51. She said a
Tier 3 designation results in significant restrictions and some
prohibitions on land and water uses and will cause significant
adverse social and economic impacts. When a designation of a
Tier 3 water so effectively restricts the uses, the Alaska
Miners Association thinks that the result is a land designation
and the authority for the designation should lie solely with the
legislature.
3:55:25 PM
GUY ARCHIBOLD, Staff Scientist, Southeast Alaska Conservation
Council, Juneau, Alaska, testified in opposition of SB 51. He
emphasized that a Tier 3 designation is a not a barrier to
development. He opined that the scale is heavily weighted in
favor of developers who seek to pollute Alaskan waters. He asked
at what point does the state's government and laws fail to
protect its citizens.
3:59:15 PM
SARAH DAVIDSON, Inside Passage Waters Program Manager, Southeast
Alaska Conservation Council, Juneau, Alaska, testified in
opposition of SB 51. She asserted that the cost of making Tier 3
designations more difficult will be borne by future generations.
She said proponents of SB 51 say that a Tier 3 designation is a
land-use issue and therefore a legislative decision, but the
decision is a moral issue for prioritizing clean water
resources.
4:03:12 PM
VIKKI JO KENNEDY, representing self, Kodiak, Alaska, testified
in opposition of SB 51.
4:05:02 PM
CHAIR BIRCH closed public testimony.
4:05:10 PM
CHAIR BIRCH held SB 51 in committee.
4:05:39 PM
There being no further business to come before the committee,
Chair Birch adjourned the Senate Resources Standing Committee
meeting at 4:05 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB51 40 CFR Part 131.pdf |
SRES 3/20/2019 3:30:00 PM |
SB 51 |
| SB51 Coalition Letter 3.19.19.pdf |
SRES 3/20/2019 3:30:00 PM |
SB 51 |
| SB51 Sealaska Letter 3.19.19.pdf |
SRES 3/20/2019 3:30:00 PM |
SB 51 |
| SB51 DEC ONRW Processes Examples 3.19.22.pdf |
SRES 3/20/2019 3:30:00 PM |
SB 51 |