HB 389-REGULATION OF TOURIST ACCOMMODATIONS    CHAIR CON BUNDE announced HB 389 to be up for consideration. KAREN LIDSTER, staff to Representative John Coghill, sponsor of HB 389, explained that the sponsor had asked all departments if they had laws that were no longer being used that could be repealed. The Department of Environmental Conservation (DEC) responded by stating that their permits for public accommodations (AS 18.35.040) were no longer being used. Their posting and penalty for non-compliance also needed to be repealed. CHAIR BUNDE said he understood that this bill was clean up language that was simply removing language that was no longer used. MS. LIDSTER replied yes. 1:49:19 PM KRISTIN RYAN, Director, Division of Environmental Health, DEC, stated that the department doesn't currently permit tourist accommodations for sanitation and this statute only effects sanitation. It does permit for drinking water, food, wastewater and solid waste. She clarified: It's just a matter of resources. We haven't had sufficient resources as far back as I've been able to tell, which goes back to the 80s - we haven't permitted them for sanitation purposes. So, we're a little concerned with liability risk there and the lack of necessity that we do permit a facility for something that is pretty much covered through other means. 1:50:28 PM SENATOR SEEKINS asked if a hunting camp for a nonresident guide could be considered a tourist accommodation. MS. RYAN replied according to the definition in statute - yes. SENATOR SEEKINS asked if the department would have to post regulations. MS. RYAN replied that a sanitation permit would have to be posted if this passed. SENATOR SEEKINS asked if those permits were required under current law. MS. RYAN replied correct. SENATOR SEEKINS asked if they have to be posted. MS. RYAN replied that posting requirements vary. For example, the food safety permit is required to be posted in an area where it can be seen, but for drinking water, wastewater and solid waste posting is not required. SENATOR SEEKINS asked if people are on a guided hike and they backpack into an area with tents and sleeping bags, what kind of permits would they have to have. MS. RYAN replied that those were timely questions because the department has just completed a camp permit, which people can apply for if they are in those situations. She said the permit was achieved through a consensus process with hunting, fishing and ecotourism guides. People are exempt from permit requirements if they are out for 14 days or less and consist of 24 people or less. 1:52:51 PM SENATOR SEEKINS asked what constitutes a tourist. MS. RYAN replied that the definition of these accommodations is quite broad and it doesn't have to be a paying customer. SENATOR SEEKINS asked if he would need a permit if he were traveling with his cousin who is not a resident. MS. RYAN replied if the party he was traveling with including his cousin exceeded 25 people, he would need a camp permit. Quantity is the issue and the number of people who are generating waste. 1:54:41 PM SENATOR SEEKINS moved to report HB 389 from committee with individual recommendations and attached fiscal note. Senators Ben Stevens, Ellis, Davis, Seekins and Chair Bunde voted yea; so HB 389 moved from committee.