Legislature(2023 - 2024)BARNES 124

04/26/2023 01:00 PM House RESOURCES

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Audio Topic
01:03:32 PM Start
01:04:44 PM HB143
01:21:13 PM HB98
01:27:18 PM Overview(s): Office of History and Archeology
02:35:02 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Overview: Office of History and Archeology by TELECONFERENCED
State Historic Preservation Officer
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 143 ADVANCED RECYCLING AND FACILITIES TELECONFERENCED
Moved CSHB 143(RES) Out of Committee
+= HB 98 STATE OWNERSHIP OF SUBMERGED LAND TELECONFERENCED
Heard & Held
+ Presentation: Project Updates by Alaska TELECONFERENCED
Industrial Development and Export Authority
<Above Item Rescheduled to 5/1 at 1:00 p.m.>
            HB 143-ADVANCED RECYCLING AND FACILITIES                                                                        
                                                                                                                                
1:04:44 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY announced  that the first order of  business would be                                                               
HOUSE  BILL  NO. 143,  "An  Act  relating  to the  Department  of                                                               
Environmental  Conservation; relating  to advanced  recycling and                                                               
advanced recycling  facilities; relating to waste;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
1:05:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE moved  to  adopt Amendment  1  to HB  143,                                                               
labeled, 33-LS0427\U.2, Radford, 4/25/23, which read as follows:                                                                
                                                                                                                                
     Page 4, lines 26 - 31:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
1:05:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ARMSTRONG objected for discussion.                                                                               
                                                                                                                                
1:05:57 PM                                                                                                                    
                                                                                                                                
TREVOR  JEPSEN, Staff,  Representative  Tom  McKay, Alaska  State                                                               
Legislature,  on  behalf  of the  sponsor,  the  House  Resources                                                               
Standing  Committee,  of  which Representative  McKay  serves  as                                                               
chair, explained Amendment 1 to HB  143.  He stated that it would                                                               
delete Section  6 from  the proposed  legislation.   He expressed                                                               
the  opinion  that  the  language  on  page  4,  lines  26-31  is                                                               
unnecessary  and  confusing.    He explained  that  the  language                                                               
relates  that  solid  waste  processing  would  not  include  the                                                               
extraction  of  materials  from   solid  waste  through  advanced                                                               
recycling; however,  Section 4 would  already clarify  what solid                                                               
waste  includes, and  it would  not include  the materials  to be                                                               
extracted.  He pointed to  the definition of "advanced recycling"                                                               
in Section 7,  and this definition would not  include solid waste                                                               
at an  advanced recycling  facility.   He added  that Legislative                                                               
Legal Services has agreed with this change.                                                                                     
                                                                                                                                
1:07:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ARMSTRONG  removed her objection.   There being no                                                               
further objection, Amendment 1 to HB 143 was adopted.                                                                           
                                                                                                                                
1:08:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE  moved to adopt  Amendment 2 to HB  143, as                                                               
amended, labeled, 33-LS0427\U.3, Radford,  4/25/23, which read as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 4, line 28, following "adhesives;":                                                                                   
          Insert ""other recycled product" does not include                                                                     
     products sold as fuel;"                                                                                                    
                                                                                                                                
                                                                                                                                
REPRESENTATIVE ARMSTRONG objected for the purpose of discussion.                                                                
                                                                                                                                
1:08:27 PM                                                                                                                    
                                                                                                                                
MR. JEPSEN  stated that Amendment  2 would  clarify on page  5 of                                                               
the  proposed legislation  that  products sold  as  fuel are  not                                                               
considered advanced  recycling products.  He  continued that this                                                               
would  also clarify  the definition  of  "advanced recycling"  in                                                               
Section  7.   He stated  that this  would be  consistent with  23                                                               
other states and  federal code.  He added  that Legislative Legal                                                               
Services has agreed with this change.                                                                                           
                                                                                                                                
1:09:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ARMSTRONG  removed her objection.   There being no                                                               
further  objection,  Amendment  2  to HB  143,  as  amended,  was                                                               
adopted.                                                                                                                        
                                                                                                                                
1:09:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MEARS  moved to  adopt Amendment 3  to HB  143, as                                                               
amended, labeled, 33-LS0427\U.1, Radford,  4/24/23, which read as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 4, lines 16 - 20:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 4, lines 26 - 31:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
REPRESENTATIVE MCCABE objected.                                                                                                 
                                                                                                                                
1:10:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MEARS   acknowledged  that   most  of   what  the                                                               
amendment would do  has already been covered with  the removal of                                                               
Section 6.  She noted that  Section 4 refers to the definition of                                                               
"solid waste", and  this would apply to  recyclables currently in                                                               
regulation.   She  expressed the  opinion that  these regulations                                                               
are not  strict, as they  cover basic public safety  and nuisance                                                               
items.  She  cited the solid waste regulation, 18  AAC 60.10, and                                                               
expressed the  opinion that there  should not be an  objection to                                                               
the adherence to these minimal standards.                                                                                       
                                                                                                                                
1:11:26 PM                                                                                                                    
                                                                                                                                
MR. JEPSEN, in response to  the proposed Amendment 3, stated that                                                               
the bill  is not trying  to exempt post-use polymers  and plastic                                                               
feedstocks  from  code.   He  stated  that the  definition  would                                                               
simply  be   clarifying  that   post-use  polymers   and  plastic                                                               
feedstocks are  not just solid  waste.  He expressed  the opinion                                                               
that 18  AAC 60.10  is completely reasonable  in state  code, and                                                               
municipal code  should adopt a  similar regulation;  however, the                                                               
input products  should be regulated  for what they are,  which is                                                               
not solid waste.  He suggested  that if the bill is passed, these                                                               
codes  would  be  rewritten,  including  any  public  safety  and                                                               
nuisance items.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  MEARS  stated  that currently  recycled  products                                                               
would  be considered  solid  waste.   She  stated that  currently                                                               
existing   recycling   operations   follow   this   solid   waste                                                               
definition; therefore, advanced recycling  should follow the same                                                               
rules.                                                                                                                          
                                                                                                                                
1:13:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE maintained his objection.                                                                                 
                                                                                                                                
A roll  call vote was  taken.  Representatives  Armstrong, Mears,                                                               
and Dibert  voted in  favor to  adopt Amendment 3  to HB  143, as                                                               
amended.  Representatives McCabe,  Rauscher, Saddler, Wright, and                                                               
McKay voted against it.  Therefore,  Amendment 3 failed by a vote                                                               
of 3-5.                                                                                                                         
                                                                                                                                
1:14:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER moved  to report HB 143,  as amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying zero fiscal note.                                                                                                  
                                                                                                                                
1:15:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MEARS  objected.     She  expressed  support  for                                                               
recycling  materials,  diverting  them  from  the  waste  stream;                                                               
however, she expressed the opinion  that the proposed legislation                                                               
would  not be  necessary for  any  operation to  function in  the                                                               
state.   She stated that  this may  be necessary in  other states                                                               
with stricter  regulations, but it  would not be necessary  to do                                                               
business in the state.                                                                                                          
                                                                                                                                
1:16:19 PM                                                                                                                    
                                                                                                                                
A roll  call vote was  taken.  Representatives  McCabe, Rauscher,                                                               
Saddler,  Wright, Armstrong,  and  McKay voted  in  favor of  the                                                               
motion  to  move  HB  143,  as amended,  out  of  committee  with                                                               
individual  recommendations  and  the  accompanying  zero  fiscal                                                               
note.    Representatives  Mears  and  Dibert  voted  against  it.                                                               
Therefore, CSHB 143(RES) was reported  out of the House Resources                                                               
Standing Committee by a vote of 6-2.                                                                                            

Document Name Date/Time Subjects
HB 143 Amendment #1 (U.2).pdf HRES 4/26/2023 1:00:00 PM
HB 143
HB 143 Amendment #2 (U.3).pdf HRES 4/26/2023 1:00:00 PM
HB 143
HB 143 Amendment #3 (U.1).pdf HRES 4/26/2023 1:00:00 PM
HB 143
CS HB 98 (RES) version S.pdf HRES 4/26/2023 1:00:00 PM
HB 98
HB 98 Summary of Changes (A to S).pdf HRES 4/26/2023 1:00:00 PM
HB 98
HRES OHA Overview Presentation 4.26.23.pdf HRES 4/26/2023 1:00:00 PM