Legislature(2013 - 2014)BUTROVICH 205
03/04/2013 03:30 PM Senate RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| SJR10 | |
| SB54 | |
| HB36 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SJR 10 | TELECONFERENCED | |
| *+ | SB 54 | TELECONFERENCED | |
| + | HB 36 | TELECONFERENCED | |
HB 36-EXEMPT DISCHARGES FROM USE OF MUNITIONS
4:33:55 PM
CHAIR GIESSEL announced HB 36 to be up for consideration.
4:34:10 PM
REPRESENTATIVE TAMMY WILSON, sponsor of HB 36, explained that in
2008 when the Alaska Clean Water Act was amended to its current
form a problem was created with the state's long-standing
comprehensive military munitions exemption. The proposed
amendment in HB 36 clarifies AS 46.03.100(e)(7) such that it
cannot be misinterpreted to restrict military exercises on
ranges other than instances where the federal Clean Water Act
would apply. It reduces the chance of litigation and trying to
interpret "waters of the U.S.," which still has not been
interpreted the same way.
REPRESENTATIVE T. WILSON said currently Alaska is the only state
with this unclear interpretation of the Clean Water Act. If not
amended, there exists the possibility that military ranges would
need to curtain operations because of misinterpretations of
Alaska law, even if the ranges are in compliance with federal
law.
She said the amendment in HB 36 was vetted by the Environmental
Protection Agency (EPA), the Department of Environmental
Conservation (DEC), the Department of Defense (DOD) and the
Alaska Department of Military and Veteran's Affairs (DMVA).
She said that HB 36 maintains primacy, protects the environment
and allows military exercises to continue without potential
litigation. It only adds "or service" so the Coast Guard is
included; "otherwise regulated under 33 U.S.C. 1251-1376
(Federal Water Pollution Control Act), as amended" was just
making sure the federal law and state law work together.
4:36:10 PM
GENERAL TOM KATKUS, Commissioner, Department of Military &
Veterans Affairs (DMVA), Anchorage, AK, supported HB 36. He said
the military is very important in the state of Alaska and this
is one more step to clarify a structure that would provide a
potential barrier to training and opportunities Alaska offers
its military, especially in the areas of JBAR or any other
training range.
4:38:04 PM
KEVIN WARD, Regional Counsel, U.S. Army Regional Environmental
Office, Denver, CO, said he was speaking today on behalf of the
Department of Defense (DOD) as well as the Alaska military
services, and supported HB 36. This amendment clarifies that the
Alaska Clean Water Act will apply to military ranges if they are
regulated by the federal Clean Water Act. An ambiguity arose in
2008 when the act was amended for the Alaska DEC to obtain
primacy from the U.S. Environmental Protection Agency (EPA). The
current language that was added in 2008 speaks of "waters of the
United States," but that term has been subject to much
litigation including numerous decisions by the U.S. Supreme
Court and other federal courts, numerous policies, regulations
and guidance issued by various federal and other agencies. This
language would allow consistency between the Alaska and federal
programs while allowing the Alaska Department of Environmental
Conservation(DEC) to retain primacy and be the decision maker
regarding any permits.
4:39:53 PM
LIEUTENANT COLONEL JUSTIN TRUMBO, ,Western Regional Counsel,
U.S. Air Force, San Francisco, CA, supported HB 36. He urged
them to pass this important bill on behalf of all the Department
of Defense, because it will help sustain military readiness
training in Alaska and ensure that military ranges are operating
in accordance with federal law.
4:40:36 PM
SETH BEAUSANG, Assistant Attorney General for the DEC,
Department of Law (DOL), Anchorage, AK, was available to answer
questions on HB 36.
MICHELLE BONNET HALE, Director, Division of Water, Department of
Environmental Conservation (DEC) supported HB 36. She said this
is just clarifying language that does not affect primacy for the
Alaska Pollutant Discharge Elimination System Program.
CHAIR GIESSEL opened public testimony and finding none, closed
it.
CHAIR GIESSEL asked if any concerns were expressed on the House
side.
REPRESENTATIVE T. WILSON answered no and added that this issue
had been vetted through Senate Resources last year.
CHAIR GIESSEL held HB 36 in committee.