Legislature(2023 - 2024)BARNES 124

05/02/2023 08:00 AM House COMMUNITY & REGIONAL AFFAIRS

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Audio Topic
08:05:33 AM Start
08:06:13 AM Presentation(s): Investing in Water/sewer Infrastructure in Alaska
08:58:37 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: Investing in Water/Sewer TELECONFERENCED
Infrastructure in Alaska by Department of
Environmental Conservation
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
^PRESENTATION(S):  Investing  in  Water/Sewer  Infrastructure  in                                                               
Alaska                                                                                                                          
  PRESENTATION(S): Investing in Water/Sewer Infrastructure in                                                               
                             Alaska                                                                                         
[Contains discussion of HB 178.]                                                                                                
                                                                                                                                
8:06:13 AM                                                                                                                    
                                                                                                                                
CHAIR MCCORMICK announced  that the only order  of business would                                                               
be  a   presentation  on  investing   in  the  water   and  sewer                                                               
infrastructure in  Alaska.  [The  presentation is  a continuation                                                               
from the meetings on April 20, 2023, and April 25, 2023.]                                                                       
                                                                                                                                
8:06:52 AM                                                                                                                    
                                                                                                                                
CARRIE BOHAN,  Program Manager, Facilities Services,  Division of                                                               
Water, Department of  Environmental Conservation (DEC), continued                                                               
the  presentation  on  the  Village  Safe  Water  program.    She                                                               
referred  to  slide  10,  titled   "Village  Safe  Water  Project                                                               
Prioritization," which addressed the  application process for new                                                               
projects.   She  reiterated that  all  new projects  must show  a                                                               
planning effort.   For this  process there is a  review committee                                                               
using  a collaborative  approach.   She expressed  the hope  that                                                               
this  approach would  help communities  have a  planning document                                                               
for  a project  that  could be  funded from  any  of the  funding                                                               
agencies.   She stated that the  projects would be scored  on the                                                               
provided health benefits, how the  community rates in its current                                                               
level of  service, and the  technical, financial,  and managerial                                                               
capacity of the  community.  She added that other  aspects of the                                                               
communities  could be  awarded a  small  amount of  points.   She                                                               
commented on  the multi-year project  process and how  this helps                                                               
with  project  estimates  and  funding.   She  stated  that  once                                                               
funding is  committed to a  project, the  project will be  on the                                                               
project list until it is completed.                                                                                             
                                                                                                                                
8:10:23 AM                                                                                                                    
                                                                                                                                
MS. BOHAN  continued to slide  11, which listed  several projects                                                               
the Village  Safe Water program  is currently constructing.   She                                                               
gave details  on projects in Unalakleet,  Wales, Nunapitchuk, St.                                                               
Paul, Shaktoolik, and St. George.   She moved to slide 12, titled                                                               
"Village Safe  Water SFY24 Governor's  Budget."  She  pointed out                                                               
that  the capital  requests  are substantial,  with  the bulk  of                                                               
funding being  tied to the  Indian Health Services (IHS)  and the                                                               
U.S. Environmental Protection Agency (EPA).                                                                                     
                                                                                                                                
MS. BOHAN  continued to slide  13 and stated that  once utilities                                                               
are built,  the program would  provide support.  She  stated that                                                               
funding  for  this  support  would  be  from  EPA  and  the  U.S.                                                               
Department  of Agriculture.   She  stated that  when there  is no                                                               
willing partner  in a region,  the division has staff  to provide                                                               
training  and  preventative maintenance.    She  added that  this                                                               
support  staff would  also respond  to  emergencies, which  occur                                                               
most often in the worst of  weather.  She noted the detailed data                                                               
concerning emergency response and support on the slide.                                                                         
                                                                                                                                
MS.  BOHAN moved  to slide  14,  titled "Village  Safe Water  and                                                               
Sewer Challenge."  She stated  that in reaction to projects being                                                               
underfunded,  an international  challenge  was  created with  the                                                               
goal to  have teams develop  prototypes for in-home  water reuse.                                                               
She stated  that the  University of  Alaska Anchorage's  team was                                                               
the most  successful in developing  a unit,  which is now  in the                                                               
testing stages.  She expressed hope  that the next stage of using                                                               
the recycled  water would be soon,  so this could be  deployed in                                                               
homes where it is "unreasonably expensive to get a pipe there."                                                                 
                                                                                                                                
8:17:15 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT asked  if containers  would be  brought                                                               
out to these houses to have a contained system.                                                                                 
                                                                                                                                
MS. BOHAN responded  that this is exactly the idea.   In response                                                               
to a  follow-up question,  she replied  that captured  grey water                                                               
would  be  treated  for reuse,  with  wastewater  being  disposed                                                               
through a haul out or septic system.                                                                                            
                                                                                                                                
8:18:42 AM                                                                                                                    
                                                                                                                                
MS. BOHAN moved  to slide 15, titled "Village  Safe Water Current                                                               
Challenges."   She  stated that  IHS  does have  the funding  for                                                               
underserved communities; however, she  expressed concern that the                                                               
funding  is  awarded  without the  consideration  of  communities                                                               
having sufficient  support after  the service  is provided.   She                                                               
discussed the gaps  created when IHS cannot  provide the funding.                                                               
She  pointed  out  the  challenge  concerning  staffing  for  the                                                               
engineers,  contractors, and  laborers needed.   Along  with this                                                               
challenge,  she  pointed  out the  difficulty  in  obtaining  the                                                               
materials,  and  the  rising  costs  of  these  materials.    She                                                               
addressed lack of  guidance for the requirements  for the federal                                                               
Build America, Buy America program.                                                                                             
                                                                                                                                
MS.  BOHAN  proceeded  to  slide   16  and  discussed  the  State                                                               
Revolving  Fund  loan  program,  which  is  a  low-interest  loan                                                               
program.   She stated that  the program receives grants  from EPA                                                               
each year, with  the state contributing a 20 percent  match.  She                                                               
explained why this funding has decreased over the years.                                                                        
                                                                                                                                
8:22:29 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE  questioned  the  process  and  whether  a                                                               
representative from the Village  Safe Water program would contact                                                               
the  underserved communities  or  would the  communities need  to                                                               
contact the program.                                                                                                            
                                                                                                                                
MS. BOHAN  replied that there is  a pool of about  40 communities                                                               
of regular  borrowers that  come for loans.   She  suggested that                                                               
because  of  staffing  changes  the   program  has  not  been  as                                                               
proactive in  reaching out to  communities.  She pointed  out the                                                               
program  is being  funded by  the  Infrastructure Investment  and                                                               
Jobs Act  (IIJA) and EPA,  so there  are now funds  for outreach,                                                               
and  the   program  is  engaged   in  a  "big  push"   to  inform                                                               
communities.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCABE  questioned  whether the  federal  funding                                                               
would be  subject to  the population limits  of the  Village Safe                                                               
Water Act.                                                                                                                      
                                                                                                                                
MS.  BOHAN replied  that  the  Village Safe  Water  program is  a                                                               
separate program,  so there would  be different  requirements, as                                                               
municipalities  and privately  owned utilities  are regulated  by                                                               
the  Regulatory Commission  of Alaska  (RCA).   In response  to a                                                               
follow-up question,  she stated that  RCA looks at the  burden to                                                               
the  communities   concerning  the  rates,  so   for  those  with                                                               
privately  owned  utilities,  RCA   would  make  sure  the  loans                                                               
received could be  paid back without [the burden  of high utility                                                               
rates].   She suggested that  this requirement is  "archaic," but                                                               
it is still part of the statute.                                                                                                
                                                                                                                                
8:28:32 AM                                                                                                                    
                                                                                                                                
MS. BOHAN  continued onto slide  17, which showed the  first year                                                               
of IIJA funding and the  Village Safe Water program's "game plan"                                                               
for the year.   She discussed how the plan  would be administered                                                               
and how the money  would be spent.  She pointed  out that some of                                                               
the  funding  sources  require  the  money  go  to  disadvantaged                                                               
communities,  adding   that  the  definition   of  "disadvantaged                                                               
communities" is  being reworked.  She  concluded the presentation                                                               
on slide 18 and requested questions.                                                                                            
                                                                                                                                
8:31:42 AM                                                                                                                    
                                                                                                                                
CHAIR MCCORMICK questioned whether HB  178 would make any changes                                                               
to this process.                                                                                                                
                                                                                                                                
8:32:03 AM                                                                                                                    
                                                                                                                                
RANDY  BATES,   Director,  Division   of  Water,   Department  of                                                               
Environmental Conservation,  answered that the division  is aware                                                               
of the bill.   He stated that because of the  wording and lack of                                                               
definitions in the bill, it  would not impact capacity assessment                                                               
or the awarding of funding.                                                                                                     
                                                                                                                                
8:32:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MEARS  expressed  concern about  the  communities                                                               
that would not meet the  scoring threshold; therefore, they would                                                               
not  receive funding.   She  questioned any  additional "building                                                               
blocks" that could be offered to help these communities.                                                                        
                                                                                                                                
MS. BOHAN replied that there  are several different opportunities                                                               
for  these  communities,  including the  Rural  Utility  Business                                                               
Advisory and  Remote Maintenance  Work Program.   She  added that                                                               
the  Alaska  Municipal  League (AML)  would  be  receiving  grant                                                               
funding  from EPA,  which would  target wastewater  systems.   In                                                               
response to  a follow-up  question, she  expressed the  hope that                                                               
these   communities  would   be  helped.     She   expressed  the                                                               
understanding that,  from conversations with AML,  AML is willing                                                               
to help.   However, she suggested  that there is more  work to be                                                               
done than assistance provided.                                                                                                  
                                                                                                                                
8:35:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCKAY  expressed curiosity as to  whether there is                                                               
an end to  this.  He pointed  out the 47 villages  that need help                                                               
and questioned whether there is a progression to an end.                                                                        
                                                                                                                                
MS. BOHAN replied that presently  the Alaska Native Tribal Health                                                               
Consortium has  been doing  expansive efforts  to decide  what is                                                               
the right  direction to take,  and it is moving  through planning                                                               
efforts as quickly  as possible.  She suggested  that designing a                                                               
project entails  a 2-year process,  while construction  entails a                                                               
5-year effort.   She suggested  that in  15 years there  would be                                                               
substantial progress.   Once services  are installed,  she stated                                                               
that many the communities will  struggle to support the services.                                                               
She advised that funding is  already being given to older systems                                                               
that need  support.   She concluded  that in  general this  is an                                                               
ongoing  process.   In  response  to  a follow-up  question,  she                                                               
stated  that the  alternative to  pipe  service would  be a  haul                                                               
system, or wells and sceptics.                                                                                                  
                                                                                                                                
8:38:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE asked  what it would take to make  HB 178 a                                                               
more viable bill.                                                                                                               
                                                                                                                                
MR.   BATES  replied   that  the   division  has   not  had   any                                                               
conversations with  the sponsors of  this bill, so at  this point                                                               
he  expressed uncertainty  concerning what  is being  sought with                                                               
the  proposed  legislation.    He  pointed  out  that  first  and                                                               
foremost there  are requirements  that the division  must follow,                                                               
such as the  capacity issue.  He explained that  this issue would                                                               
be  addressed   through  the  Operations  and   Maintenance  Best                                                               
Practices ("Best Practices")  scoring.  He suggested  that HB 178                                                               
is trying to  get around the assessment.  He  stated that now the                                                               
division is  working on improving  service, and he  discussed how                                                               
this is being done.                                                                                                             
                                                                                                                                
REPRESENTATIVE  MCCABE expressed  the understanding  that when  a                                                               
community fails,  the assessment  tool is  important.   He stated                                                               
that the  tool may  need development, but  not circumvented.   He                                                               
pointed out  the two bills  [including HB  178] that are  now "in                                                               
play" and requested any recommendation  on how these bills may be                                                               
made better.                                                                                                                    
                                                                                                                                
MR.  BATES expressed  interest.   He suggested  that some  simple                                                               
changes  to   statute  in  relation   to  RCA  could   provide  a                                                               
significant change  for eligibility.   He  stated that  there are                                                               
"three big pots" of money, and  the division intends to use these                                                               
for the communities with the need.                                                                                              
                                                                                                                                
8:45:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT, returning  to  slide  13, pointed  out                                                               
that all  the communities  have gone  through the  Best Practices                                                               
tool, and  should be set up;  however, 48 emergency trips  a year                                                               
have been required.  She questioned whether this is standard.                                                                   
                                                                                                                                
MS. BOHAN responded  that 50 emergency trips a year  has been the                                                               
average  over the  past  several  years.   She  stated that  Best                                                               
Practices   scoring  has   been  used   since  2015;   therefore,                                                               
communities have  been through the  assessment prior  to funding.                                                               
She pointed out that different  aspects are continually changing,                                                               
and the situation is cyclic.   She mentioned the changing climate                                                               
situation.                                                                                                                      
                                                                                                                                
MR.  BATES continued  the explanation  and  referred to  Angoon's                                                               
early freeze  last year,  which caused  a significant  issue, and                                                               
this was unrelated  to the community's capacity.   He stated that                                                               
breakdowns always occur in inclement weather.                                                                                   
                                                                                                                                
8:49:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT  commented  that   in  2023  there  are                                                               
communities living in less than  sanitary conditions.  She stated                                                               
that  if there  is a  regulatory barrier  to getting  services to                                                               
these communities, the  division can contact her  office with any                                                               
regulatory change that is needed.                                                                                               
                                                                                                                                
8:50:21 AM                                                                                                                    
                                                                                                                                
CHAIR MCCORMICK questioned the biggest  barrier to bringing these                                                               
[sanitation] services to the underserved communities.                                                                           
                                                                                                                                
MR.  BATES stated  that there  is a  list of  barriers, including                                                               
money and time.                                                                                                                 
                                                                                                                                
MS. BOHAN replied  that historically the barrier  has always been                                                               
the money; however,  now with IIJA funding this is  not the case.                                                               
She  stated that  the biggest  barrier now  is a  clear path  for                                                               
communities  to remain  sustainable after  the infrastructure  is                                                               
built.                                                                                                                          
                                                                                                                                
8:52:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCABE asked  what the biggest cost  driver is for                                                               
managing utilities.  He suggested that it is the cost of power.                                                                 
                                                                                                                                
MS.  BOHAN  expressed   agreement.    She  stated   that  in  the                                                               
communities that remain unserved  in Northern and Western Alaska,                                                               
40 percent of  operational cost is from the energy,  as diesel is                                                               
still used there.                                                                                                               
                                                                                                                                
8:54:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   RUFFRIDGE    questioned   what    other   Arctic                                                               
environments are doing to address sanitation and water supply.                                                                  
                                                                                                                                
MS. BOHAN replied  that the division has  investigated what other                                                               
Arctic states  and nations are  doing.  She discussed  some other                                                               
methods in dealing with these issues.                                                                                           
                                                                                                                                
MR. BATES reminded  the committee that IIJA is  not just one-time                                                               
funding, but  funding for 5  fiscal years for  the infrastructure                                                               
program, which relates to 10-years'  worth of work.  He expressed                                                               
the understanding  that it feels like  a rush to do  this, but he                                                               
noted  that  there  is  time.   He  reiterated  that  it  is  the                                                               
division's intention  to spend every  available dollar  to assist                                                               
in  building the  facilities, as  well as  supporting communities                                                               
and their capacity to own and operate the facilities.                                                                           
                                                                                                                                
8:57:46 AM                                                                                                                    
                                                                                                                                
CHAIR  MCCORMICK   provided  ending  comments  and   thanked  the                                                               
presenters.                                                                                                                     
                                                                                                                                
8:58:37 AM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Community  and Regional  Affairs Standing  Committee meeting  was                                                               
adjourned at 8:59 a.m.                                                                                                          

Document Name Date/Time Subjects
DEC VSW Overview HCRA 04.20.23.pdf HCRA 4/20/2023 8:00:00 AM
HCRA 4/25/2023 8:00:00 AM
HCRA 5/2/2023 8:00:00 AM
DEC