Legislature(2015 - 2016)
2016-01-29 House Journal
Full Journal pdf2016-01-29 House Journal Page 1518 HB 283 HOUSE BILL NO. 283 by the House Rules Committee by request of the Governor, entitled: 2016-01-29 House Journal Page 1519 "An Act relating to the nomination and designation of state water as outstanding national resource water; and providing for an effective date." was read the first time and referred to the Resources Committee. The following fiscal note(s) apply: 1. Zero, Dept. of Environmental Conservation The Governor's transmittal letter dated January 28, 2016, follows: "Dear Speaker Chenault: Under the authority of Article III, Section 18 of the Alaska Constitution, I am transmitting a bill relating to the nomination of state water as "outstanding national resource water," also known as "Tier 3" water. Once a water body is designated as a Tier 3 water, the only additional pollutants from wastewater discharges that can be added to that water are temporary and limited. There is currently no Tier 3 water in Alaska. The bill would add a new section, AS 46.03.085, authorizing the Department of Environmental Conservation (DEC) to collect nominations of state water for Tier 3 status and compile a list of nominated water for transmittal to the Legislature. The bill also would clarify that legislative action would be required to formally designate a body of water as a Tier 3 water. The Clean Water Act requires states to implement a procedure for Tier 3 designation. DEC does have the authority to set quality and purity standards under AS 46.03.080 and has the technical expertise to analyze whether or not a water body meets the criteria for extra protection under Tier 3 status. However, currently there is no provision in the Clean Water Act for reversing a Tier 3 designation. Thus, such a designation has the potential to permanently limit development. Given the far-reaching consequences, the final authority for designation should rest with the Legislature and not with DEC. 2016-01-29 House Journal Page 1520 I urge your prompt and favorable action on this measure. Sincerely, /s/ Bill Walker Governor"