Legislature(2023 - 2024)BARNES 124

04/24/2024 01:00 PM House RESOURCES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 114 VILLAGE SAFE WATER ACT;VILLAGE DEFINITION TELECONFERENCED
Moved HB 114 Out of Committee
+= HB 396 DNR BIG GAME GUIDE PERMIT PROGRAM TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+ SB 161 TAX EXEMPTION FOR FARM LAND/STRUCTURES TELECONFERENCED
Heard & Held
+= HB 195 COOK INLET: NEW ADMIN AREA;PERMIT BUYBACK TELECONFERENCED
Moved CSHB 195(FSH) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
        HB 114-VILLAGE SAFE WATER ACT;VILLAGE DEFINITION                                                                    
                                                                                                                                
3:32:18 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY  announced that the  next order of business  would be                                                               
HOUSE  BILL  NO. 114,  "An  Act  relating  to the  definition  of                                                               
'village' in the Village Safe Water Act."                                                                                       
                                                                                                                                
CHAIR MCKAY  noted that this is  the bill's first hearing  in the                                                               
House Resources Standing Committee.                                                                                             
                                                                                                                                
3:32:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE,  as  prime sponsor,  introduced  HB  114,                                                               
which he stated would improve  public health in rural communities                                                               
by upgrading  sanitation facilities.   He  stated that  access to                                                               
clean water  is fundamental to  avoid disease,  improve community                                                               
well-being, and  increase environmental sustainability.   He also                                                               
highlighted that  the Village  Safe Water Program  is a  way that                                                               
communities  can   follow  pre-existing  environmental   laws  by                                                               
upgrading the  sanitation infrastructure.   He remarked  that the                                                               
Department   of   Environmental   Conservation   (DEC)   has   an                                                               
application  and scoring  process  that would  still  need to  be                                                               
followed.  He  opined that HB 114 would expand  the definition of                                                               
"village"  to include  census  designated areas  of  up to  1,500                                                               
people.   This would ensure  that a broader range  of communities                                                               
can  have access  to vital  grant  funding.   This would  support                                                               
underserved   communities   and    foster   an   environment   of                                                               
inclusivity.  He emphasized the  importance of updating statutory                                                               
definitions and  population limits  to reflect  current realities                                                               
in  Alaska.   He noted  that the  last update  in 2011  failed to                                                               
include  these   definitions  during  the   legislative  process.                                                               
Example communities that would  benefit from proposed legislation                                                               
could include  Sutton, Talkeetna, Funny River,  Buffalo, Tok, and                                                               
Prudhoe Bay.  He emphasized  again that even given the definition                                                               
change,  the communities  would  still be  required  to meet  DEC                                                               
requirements  and controls.   He  reiterated  that this  proposed                                                               
bill  would merely  change the  definition  of a  "village" to  a                                                               
community  of  up to  1,500  people.    He stated  that  previous                                                               
village  requirements of  1,000  did not  currently support  many                                                               
communities that  would benefit from  grants.  He  reiterated the                                                               
tangible outcomes that would support public health goals.                                                                       
                                                                                                                                
3:36:00 PM                                                                                                                    
                                                                                                                                
JULIE MORRIS,  Staff, Representative  Kevin McCabe,  Alaska State                                                               
Legislature, read the  sectional analysis of HB 114  on behalf of                                                               
Representative  McCabe,  prime  sponsor. The  sectional  analysis                                                               
[included in the committee packet] read as follows:                                                                             
                                                                                                                                
     Section 1 amends AS §46.07.080(2)(  E) to include: 1) a                                                                    
     "census-designated   place";  and   2)  increases   the                                                                    
     population limit  from 1,000 to 1,500  within this sub-                                                                    
     section.                                                                                                                   
                                                                                                                                
       Section 2 adds a definition of "census-designated                                                                        
     place" to AS §46.07.080.                                                                                                   
                                                                                                                                
3:37:00 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY  offered his  understanding that  there is  no fiscal                                                               
note associated  with this  proposed legislation.   He  asked for                                                               
reaffirmation that the cost to the state would be zero.                                                                         
                                                                                                                                
REPRESENTATIVE MCCABE acknowledged that there  was no cost to the                                                               
state.  Additionally,  he noted that there are  about 43 villages                                                               
that still  need sanitation  infrastructure installed  and around                                                               
half  of  which  would  qualify   for  this  program.    He  also                                                               
highlighted that several  dry cabins in Talkeetna  have no access                                                               
to water and  consequently collect water from other  sources.  He                                                               
emphasized  that  in the  wintertime  this  can create  a  safety                                                               
hazard.   He stated that this  is his attempt to  leverage a pre-                                                               
existing program to support examples  such as this.  The proposed                                                               
bill outcomes  could include  the development  of a  public well-                                                               
house   for  accessibility   for  those   living  in   dry  cabin                                                               
accommodations without running  water.  He also  stated that this                                                               
program  would not  take  away from  any  communities focused  on                                                               
other sanitation/clean water objectives.                                                                                        
                                                                                                                                
3:38:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MEARS   asked    Representative   McCabe   about                                                               
populations increasing over time  and whether he had investigated                                                               
changing  the  qualifying  criteria for  first-class  cities  and                                                               
municipalities.                                                                                                                 
                                                                                                                                
3:39:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE answered  that larger  municipalities were                                                               
excluded  because  the bill  was  specifically  designed for  the                                                               
Village Safe  Water Act and  first-class cities fell  outside the                                                               
scope of the Act's designed target groups.                                                                                      
                                                                                                                                
3:39:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MEARS said  that  these are  definitions for  the                                                               
Village Safe Water Act and  therefore the definitions would apply                                                               
only to the Act.                                                                                                                
                                                                                                                                
REPRESENTATIVE MEARS described the  definitions and iterated that                                                               
it may  be worth  looking at other  communities that  may benefit                                                               
from  revised  population  caps that  pertain  to  grant  funding                                                               
requirements.                                                                                                                   
                                                                                                                                
3:41:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE  told Representative Mears that  the intent                                                               
of  HB 114  was to  resolve  the lack  of clean  water and  sewer                                                               
systems.  He stated that most  of the places she was referring to                                                               
already  qualify  for programs  or  were  covered by  preexisting                                                               
sanitation infrastructure.   He noted that one of  the focuses of                                                               
Senator  Stevens  on previous  bill  development  was to  address                                                               
diseases  stemming  from  a  lack   of  clean  water  and  sewage                                                               
management practices  in villages off  the road system  that were                                                               
not   affluent   enough    to   purchase   necessary   sanitation                                                               
infrastructure.   He said that the  Village Safe Water Act  was a                                                               
way the  state could help address  these issues.  He  stated that                                                               
this bill  proposal was a  way to address other  communities that                                                               
have the same  sort of water/sanitation needs but  do not qualify                                                               
for grants.                                                                                                                     
                                                                                                                                
3:43:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ARMSTRONG  asked  Representative  McCabe  whether                                                               
this  proposal  would increase  federal  money  available to  the                                                               
Village  Safe  Water  Act  or   expand  the  pool  of  qualifying                                                               
communities while federal allocations remain the same.                                                                          
                                                                                                                                
3:43:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE responded  that he  was unsure  whether it                                                               
would change  federal grant availability and  deferred to Krystal                                                               
Koeneman with DEC to provide elaboration.                                                                                       
                                                                                                                                
3:43:59 PM                                                                                                                    
                                                                                                                                
KRYSTAL    KOENEMAN,   Legislative    Liaison,   Department    of                                                               
Environmental  Conservation  (DEC),  stated that  if  the  policy                                                               
decision  is approved  to change  the population  threshold, then                                                               
DEC  would   work  with  federal  partners   to  add  prospective                                                               
communities to  the list of  those eligible for  federal funding.                                                               
She  noted that  funding would  not increase  with this  piece of                                                               
legislation  but   [the  bill]  would  increase   the  population                                                               
requirements.                                                                                                                   
                                                                                                                                
3:44:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ARMSTRONG asked  whether  the  program was  fully                                                               
meeting the  needs it was  designed for and whether  the proposed                                                               
legislation  has   the  risk  of  creating   competition  amongst                                                               
communities for federal grant availability.                                                                                     
                                                                                                                                
3:45:03 PM                                                                                                                    
                                                                                                                                
MS.  KOENEMAN  answered that  she  thinks  Alaska struggles  with                                                               
ensuring proper  sanitation and clean water  throughout different                                                               
areas of the  state.  She thinks that anything  to help different                                                               
communities  with  whatever money  is  available  to leverage  is                                                               
beneficial to the state.                                                                                                        
                                                                                                                                
3:45:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ARMSTRONG  asked Ms. Koeneman to  elaborate on the                                                               
criteria  for grant  money.   She  asked whether  grant money  is                                                               
delivered  based on  public health  or safety  concerns and  what                                                               
these criteria look like.                                                                                                       
                                                                                                                                
3:45:44 PM                                                                                                                    
                                                                                                                                
MS.  KOENEMAN explained  there is  a priority  level that  is not                                                               
just with the  state but also an agreement  with federal partners                                                               
to delineate ranking priority for grant recipients.                                                                             
                                                                                                                                
3:46:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MEARS asked  Ms. Koeneman how much  state funds go                                                               
into  matching pre-existing  priority  lists  outlined by  groups                                                               
such as the United States  Department of Agriculture (USDA) Rural                                                               
Development or Indian Health Services (IHS).                                                                                    
                                                                                                                                
3:46:53 PM                                                                                                                    
                                                                                                                                
MS. KOENEMAN  did not have  the specific dollar amounts  but said                                                               
she could get them to Representative Mears.                                                                                     
                                                                                                                                
3:47:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked  Ms. Koeneman  whether  there  are                                                               
federal  limits  that may  apply  to  communities qualifying  for                                                               
grants.   He  asked whether  this  proposal could  "foul up"  any                                                               
federal caps.                                                                                                                   
                                                                                                                                
3:47:21 PM                                                                                                                    
                                                                                                                                
MS. KOENEMAN replied that there  is a memorandum of understanding                                                               
(MOU)  with federal  partners and  DEC  would work  with them  to                                                               
update any documentation  if the community were to  qualify.  She                                                               
highlighted  that   there  is  a  process   of  requirements  for                                                               
qualification.   Furthermore, she  stated that work  with federal                                                               
partners  is  necessary  and  would not  run  afoul  any  federal                                                               
requirements.                                                                                                                   
                                                                                                                                
3:48:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MEARS  asked Representative McCabe whether  he was                                                               
aware of any  other projects that would be sought  in addition to                                                               
the Talkeetna Project.                                                                                                          
                                                                                                                                
3:48:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE  was  not  aware of  projects  other  than                                                               
Talkeetna's.  He  stated that Talkeetna has not  even applied for                                                               
it yet, but he thinks that DEC  would be willing to work with the                                                               
community.  He  stated that Talkeetna has borough  money and last                                                               
year  it  helped address  an  outdated  sewer  system.   He  also                                                               
highlighted   that  some   communities   that  had   pre-existing                                                               
infrastructure installments from the  Village Safe Water Act need                                                               
updates due  to failing systems.   He reiterated that HB  114 was                                                               
not designed to  take money away from any  other communities that                                                               
are  in need  but to  update  the Act  which has  aged since  its                                                               
inception.                                                                                                                      
                                                                                                                                
3:50:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MEARS noted  that there are dozens  of projects on                                                               
the list for  funding.  She wanted  to get an idea of  how HB 114                                                               
would   impact   other   pre-existing  projects.      She   asked                                                               
Representative  McCabe  whether  he explored  additional  project                                                               
candidates in addition to just Talkeetna.                                                                                       
                                                                                                                                
RESPRESNTATIVE  MCCABE  acknowledged that  his  focus  on HB  114                                                               
stemmed from Talkeetna's municipal needs.                                                                                       
                                                                                                                                
3:50:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DIBERT reviewed  the list  of village  safe water                                                               
(VSW) projects in  her district and noted that  there are roughly                                                               
30  communities of  interest.   She  asked Representative  McCabe                                                               
whether he had reached out to  the Tanana Chief Council (TCC) and                                                               
inquired about how the council  feels about the proposed bill and                                                               
how it would impact these 30 communities on the list.                                                                           
                                                                                                                                
3:51:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE answered that he  did not reach out to TCC.                                                               
He noted  that last  year there  were several  presentations from                                                               
DEC  related  to  the  Village  Safe Water  Act  and  that  these                                                               
projects fluctuate.  He noted that  each of the projects noted by                                                               
Representative   Dibert   may    not   even   qualify   following                                                               
qualification scoring.                                                                                                          
                                                                                                                                
3:52:16 PM                                                                                                                    
                                                                                                                                
MS.  KOENEMAN affirmed  that  Representative  McCabe was  correct                                                               
regarding the  qualification process.  She  noted those currently                                                               
on the  shortlist would not  be affected until  the qualification                                                               
process is completed.                                                                                                           
                                                                                                                                
3:53:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER moved  to report HB 114  out of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.                                                                                                                          
                                                                                                                                
REPRESENTATIVE MEARS objected.                                                                                                  
                                                                                                                                
3:53:45 PM                                                                                                                    
                                                                                                                                
A roll  call vote  was taken.   Representatives  Saddler, Wright,                                                               
Armstrong, McCabe, Baker,  Rauscher, and McKay voted  in favor of                                                               
the  motion to  report HB  114 out  of committee  with individual                                                               
recommendations    and    the    accompanying    fiscal    notes.                                                               
Representatives Mears  and Dibert  voted against it.   Therefore,                                                               
HB  114  was  reported  out   of  the  House  Resources  Standing                                                               
Committee by a vote of 7-2.                                                                                                     

Document Name Date/Time Subjects
SB 161 Version P.pdf HRES 4/24/2024 1:00:00 PM
SB 161
SB 161 Explanation of Changes Ver S to P.pdf HRES 4/24/2024 1:00:00 PM
SB 161
SB 161 Sponsor Statement Ver P.pdf HRES 4/24/2024 1:00:00 PM
SB 161
SB 161 Sectional Analysis Ver P.pdf HRES 4/24/2024 1:00:00 PM
SB 161
CSSB161 Fiscal Note DCCED-DCRA-03-01-24.pdf HRES 4/24/2024 1:00:00 PM
SB 161
SB 161 Support Document Recommendation Encourage Tax Exemptions for Farmland.pdf HRES 4/24/2024 1:00:00 PM
SB 161
SB 161 Support Document Table 10A & 10B Farm Use Land Assessment Program.pdf HRES 4/24/2024 1:00:00 PM
SB 161
SB 161 Letter of Support.pdf HRES 4/24/2024 1:00:00 PM
SB 161
SB 161 Presentation.pdf HRES 4/24/2024 1:00:00 PM
SB 161
HB0114 Ver.B 4.19.24.24 HRES 4/24/2024 1:00:00 PM
HB 114
HB114.VerB.SponsorStatement.4.19.24.pdf HRES 4/24/2024 1:00:00 PM
HB 114
HB114.VerB.SectionalAnalysis.4.19.24.pdf HRES 4/24/2024 1:00:00 PM
HB 114
HB 114 Ver. B Fiscal Note 4.25.24.24 HRES 4/24/2024 1:00:00 PM
HB 114
HB114.VerB.SupportingDocs.4.19.24.pdf HRES 4/24/2024 1:00:00 PM
HB 114
HB 114 VSW Communities and Active Projects 2024 4.19.24.pdf HRES 4/24/2024 1:00:00 PM
HB 114
HB 396 Letters of Support 4.23.24.pdf HRES 4/24/2024 1:00:00 PM
HB 396
HB195 AM1.pdf HRES 4/24/2024 1:00:00 PM
HB 195
ADFG Response to HRES Questions on HB396 04.24.24.pdf HRES 4/24/2024 1:00:00 PM
HB 396