03/30/2011 01:00 PM House RESOURCES

               HB 106-COASTAL MANAGEMENT PROGRAM                                                                            
                                                                                                                                
2:08:44 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON  announced that  the final  order of  business is                                                               
HOUSE BILL  NO. 106,  "An Act extending  the termination  date of                                                               
the  Alaska  coastal  management  program  and  relating  to  the                                                               
extension; relating  to the  review of  activities of  the Alaska                                                               
coastal management  program; providing  for an effective  date by                                                               
amending the  effective date of  sec. 22,  ch. 31, SLA  2005; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
2:08:54 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON made  a motion to adopt Amendment  6, labeled 27-                                                               
GH1965\A.16, Bullard, 3/30/11, which read as follows:                                                                           
                                                                                                                                
     Page 2, line 11, of the amendment:                                                                                         
          Delete "are"                                                                                                      
                                                                                                                                
     Page 2, lines 12 - 17, of the amendment:                                                                                   
          Delete all material and insert:                                                                                       
               "(1)  are clear and concise as to the                                                                        
     activities and persons affected by the policies;                                                                       
               (2)  use prescriptive or performance-based                                                                   
     standards that are written in precise and enforceable                                                                  
     language; and                                                                                                          
               (3)  address a coastal use or resource of                                                                    
        concern to the residents of the coastal resource                                                                    
         district as demonstrated by local knowledge or                                                                     
     supported by scientific evidence"                                                                                      
                                                                                                                                
     Page 4, line 6, of the amendment:                                                                                          
          Delete "board's"                                                                                                      
          Insert "department's"                                                                                                 
                                                                                                                                
     Page 4, line 21, of the amendment:                                                                                         
          Delete the quotation mark.                                                                                            
                                                                                                                                
     Page 4, following line 21, of the amendment:                                                                               
          Insert new material to read:                                                                                          
        "* Sec. 6. AS 46.40.210(1) is repealed.""                                                                             
                                                                                                                                
CO-CHAIR  SEATON  explained  that  Amendment 6  would  amend  the                                                               
language  in  a previous  amendment,  Amendment  2, labeled  A.2,                                                               
which  was previously  adopted  by the  committee  at an  earlier                                                               
meeting.                                                                                                                        
                                                                                                                                
REPRESENTATIVE HERRON objected for the purpose of discussion.                                                                   
                                                                                                                                
2:09:59 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SEATON  explained  the  purpose of  Amendment  6.    He                                                               
referred to page 2, lines  12-17, the department wished to modify                                                               
the three  criteria laid  out.   Additionally, Amendment  6 would                                                               
change the  definition previously  adopted by deleting  the word,                                                               
"board's"  on page  4, lines  6, and  substituting "department's"                                                               
since  the   policy  board  has   not  yet  been  adopted.     He                                                               
characterized this as a technical  change.  Section 6 repeals the                                                               
definition that is adopted in Section 5.                                                                                        
                                                                                                                                
2:11:31 PM                                                                                                                    
                                                                                                                                
JOE BALASH, Deputy Commissioner,  Department of Natural Resources                                                               
(DNR), introduced himself.                                                                                                      
                                                                                                                                
CO-CHAIR  SEATON  asked Mr.  Balash  whether  the department  was                                                               
comfortable with the amendment offered.                                                                                         
                                                                                                                                
MR.  BALASH   asked  for  whether  adopting   Amendment  6  would                                                               
effectively  amend  the  previous  amendment  that  was  adopted,                                                               
labeled A.2.                                                                                                                    
                                                                                                                                
CO-CHAIR SEATON answered yes.                                                                                                   
                                                                                                                                
MR.  BALASH  answered yes  the  department  was comfortable  with                                                               
Amendment 6.                                                                                                                    
                                                                                                                                
2:11:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ  asked to speak  to the  language previously                                                               
adopted.   She  referred  to  page 2,  line  18  of the  previous                                                               
Amendment 2, labeled A.2.  She  noted that Amendment 6 appears to                                                               
have deleted  language which would  have required  no duplication                                                               
or restatement  of effort  could be  taken.   She inquired  as to                                                               
whether that  language has  been preserved  in other  portions of                                                               
the statute.                                                                                                                    
                                                                                                                                
MR. BALASH  agreed that she  was correct.  However,  he indicated                                                               
the department  has been willing to  take a leap of  faith that a                                                               
subsequent amendment  would subsequently  be adopted  which would                                                               
insert this language in another section of the bill.                                                                            
                                                                                                                                
REPRESENTATIVE MUNOZ asked for a specific reference.                                                                            
                                                                                                                                
MR. BALASH  answered that  a proposed amendment  would be  in the                                                               
form of an amendment labeled A.4.                                                                                               
                                                                                                                                
CO-CHAIR  SEATON clarified  that an  amendment labeled  A.4 would                                                               
not  be offered  because  the  language would  be  modified.   He                                                               
assured  members the  language Representative  Munoz referred  to                                                               
would be offered under a new amendment.                                                                                         
                                                                                                                                
REPRESENTATIVE  MUNOZ emphasized  that  the  deleted language  is                                                               
very important language.                                                                                                        
                                                                                                                                
CO-CHAIR  SEATON   signaled  his   intention  to   maintain  that                                                               
language.                                                                                                                       
                                                                                                                                
REPRESENTATIVE HERRON removed his objection.                                                                                    
                                                                                                                                
2:14:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI  objected  to  comment.   He  noted  the                                                               
awkward mechanics  involved to amend  an amendment.   He deferred                                                               
to  the committee  for  its  preference.   He  then withdrew  his                                                               
objection.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  HERRON clarified  that  Amendment  6 was  labeled                                                               
A.16.                                                                                                                           
                                                                                                                                
CO-CHAIR  SEATON explained  that  Amendment 6,  which is  labeled                                                               
A.16, would amend language the  committee previously adopted when                                                               
it  passed Amendment  2  at  a prior  meeting.    There being  no                                                               
further objection, Amendment 6 was adopted.                                                                                     
                                                                                                                                
2:15:44 PM                                                                                                                    
                                                                                                                                
[HB 106 was held over.]