04/25/2017 04:00 PM House FINANCE

HOUSE BILL NO. 177                                                                                                            
                                                                                                                                
     "An Act  relating to the  response to, and  control of,                                                                    
     aquatic  invasive  species;  establishing  the  aquatic                                                                    
     invasive  species response  fund; and  relating to  the                                                                    
     provision   of  information   about  aquatic   invasive                                                                    
     species to users of the Alaska marine highway system."                                                                     
                                                                                                                                
4:05:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GERAN TARR,  SPONSOR,  introduced the  bill.                                                                    
She  shared  the bill  would  create  an infrastructure  for                                                                    
rapid  response to  an  aquatic  invasive species  outbreak,                                                                    
would create a fund  for invasive species response, directed                                                                    
the  Alaska   Marine  Highway  to  provide   information  to                                                                    
passengers  bringing  boats  to  Alaska,  and  directed  the                                                                    
Department  of  Motor  Vehicles to  provide  information  to                                                                    
Alaskans when  they registered their  boats. She  provided a                                                                    
document titled  Appendix G  that included  various examples                                                                    
of invasive  species (copy on  file). The first  example was                                                                    
didemnum vexillum  (d-vex). The second example  was elodea -                                                                    
a  western   waterweed.  The   third  slide   pictured  Reed                                                                    
canarygrass, and Northern  Pike and the Norway  rat were the                                                                    
fourth  and  fifth examples.  One  of  the reasons  for  the                                                                    
discussion  was  related to  the  cost  associated with  the                                                                    
outbreaks. She  provided examples  from the  Capital Budgets                                                                    
passed   in   FY13   and    FY14,   which   each   contained                                                                    
appropriations  used to  address invasive  species outbreaks                                                                    
in the  state. She spoke to  the two provisions of  the bill                                                                    
that   pertained  to   communication  surrounding   invasive                                                                    
species hitchhiking  on boats and float  planes. She pointed                                                                    
to  the bottom  left  hand cornet  of  the document  titled,                                                                    
"Help  Stop  the  Spread of  Aquatic  Invasives!"  (copy  on                                                                    
file), which  illustrated watercraft checkpoints.  She spoke                                                                    
of a major project taking  place in the Columbia River basin                                                                    
for a type  of invasive mussel, which was  estimated to cost                                                                    
hundreds of millions of dollars to address the problem.                                                                         
                                                                                                                                
4:12:34 PM                                                                                                                    
                                                                                                                                
Representative  Tarr  continued  to address  the  bill.  She                                                                    
relayed  that  her  goal  with the  legislation  was  to  be                                                                    
preventative in nature and provide  a bit of funding for the                                                                    
issue. She  relayed that  the potential  for the  problem to                                                                    
become expensive to the state  was great. She suggested that                                                                    
one way to  raise funds for the issue was  a $1 surcharge on                                                                    
boat registration.  She said that the  fiscal note reflected                                                                    
$5,000 for  production of materials for  distribution, which                                                                    
could involve  signage as well  as brochures. She  said that                                                                    
any excess revenue  could be used for  future outbreaks. She                                                                    
shared  that the  state of  Montana had  vehicle checkpoints                                                                    
where boats  were checked  and properly  cleaned for  a fee.                                                                    
She  lamented  that  the international  borders  surrounding                                                                    
Alaska limited  the state's  jurisdiction. She  related that                                                                    
state law required the registration  of all motorized boats,                                                                    
which  could provide  the opportunity  to check  vessels for                                                                    
hitchhikers. She said  that both the marine  highway and the                                                                    
DMV had  the potential to  assess fees, and  the legislature                                                                    
might  think about  allowing those  entities to  implement a                                                                    
surcharge.  She  stressed   that  prevention  and  immediate                                                                    
response  was  the  low-cost  alternative  to  a  full-blown                                                                    
invasion,  which could  impact  salmon  fisheries and  other                                                                    
recreational opportunities for Alaskans.                                                                                        
                                                                                                                                
4:16:09 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster  noted there  were several  people available                                                                    
for questions.                                                                                                                  
                                                                                                                                
Representative Thompson thought the  bill should include the                                                                    
northern region of the state  as well. He relayed there were                                                                    
areas  of the  Chena River  that were  experiencing problems                                                                    
with Elodea.                                                                                                                    
                                                                                                                                
Representative  Tarr recalled  that mechanical  controls had                                                                    
been  attempted in  the  Chena River  slough,  but had  been                                                                    
unsuccessful.  She agreed  that the  norther regions  of the                                                                    
state should be included in the conversation.                                                                                   
                                                                                                                                
Representative Wilson directed  the committee's attention to                                                                    
Page 2, lines 1 through 4:                                                                                                      
                                                                                                                                
     (b)  In responding  under (a)  of this  section to  the                                                                    
     occurrence   of  an   aquatic  invasive   species,  the                                                                    
     department may  apply for suspension of,  or emergency,                                                                    
     quarantine, public health,  crisis, or other exemptions                                                                    
     to, applicable environmental laws and regulations.                                                                         
                                                                                                                                
Representative Wilson asked where  the public input could be                                                                    
found under the sub-section.                                                                                                    
                                                                                                                                
Representative Tarr  replied that  the intent was  that some                                                                    
of  the   standard  procedures  would   not  apply   in  the                                                                    
circumstances defined  in the bill  because of the  need for                                                                    
an  immediate response.  She stressed  that  not having  the                                                                    
infrastructure readily  available could delay a  response by                                                                    
a year, which  would make the problem worse.  She added that                                                                    
the  language was  intended to  empower  the departments  to                                                                    
side-step   the   typical   public  process   in   emergency                                                                    
situations.                                                                                                                     
                                                                                                                                
Representative Wilson shared that  chemicals were being used                                                                    
to fight invasive species in  the North Pole area, which had                                                                    
spurred concern for  the shallow wells in  the vicinity. She                                                                    
requested   information  on   what  would   qualify  as   an                                                                    
emergency, and she  voiced concern at the  truncating of the                                                                    
public process.                                                                                                                 
                                                                                                                                
Representative Tarr replied that she  would follow up on the                                                                    
matter. She  relayed that  the bill  highlighted the  use of                                                                    
the least toxic  means possible as the  number one priority.                                                                    
She  hopes  that  chemical  controls   could  be  used  when                                                                    
mechanical  controls  did not  work,  but  that the  default                                                                    
would be to do the least harmful method first.                                                                                  
                                                                                                                                
4:20:13 PM                                                                                                                    
                                                                                                                                
Representative  Wilson rebutted  that  least  toxic  in  her                                                                    
drinking water well was not sufficient.                                                                                         
                                                                                                                                
Vice-Chair Gara referred to Page 2, lines 20 through 23:                                                                        
                                                                                                                                
     (f)  In responding  under (a)  of this  section to  the                                                                    
     occurrence of freshwater  aquatic invasive species, the                                                                    
     department  shall respond  in  a  manner determined  to                                                                    
     cause the  least harm  to noninvasive  fish populations                                                                    
     that   are  used   for   recreational,  personal   use,                                                                    
     commercial, or subsistence purposes                                                                                        
                                                                                                                                
Vice-Chair Gara related that he  supported the least harmful                                                                    
response possible.  He said  that chemicals  could sometimes                                                                    
do more  harm than  good when  it came  to human  health. He                                                                    
understood that  the section could  allow for a  "no action"                                                                    
alternative. He requested  clarification from the Department                                                                    
of Fish and Game.                                                                                                               
                                                                                                                                
Representative   Tarr  replied   in  the   affirmative.  She                                                                    
elaborated   if  drinking   water   were  involved,   direct                                                                    
application of an herbicide would not be applied.                                                                               
                                                                                                                                
HB  177  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.