Legislature(2017 - 2018)ADAMS ROOM 519
04/03/2018 10:00 AM House FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB197 | |
| HB41 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 197 | TELECONFERENCED | |
| + | HB 277 | TELECONFERENCED | |
| *+ | HB 41 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | HB 193 | TELECONFERENCED | |
| += | HB 299 | TELECONFERENCED | |
HOUSE BILL NO. 197
"An Act relating to the duties of the commissioner of
natural resources; relating to agriculture; and
relating to community seed libraries."
10:06:29 AM
REPRESENTATIVE JENNIFER JOHNSTON, SPONSOR, thanked the
committee for hearing the bill. She referenced the new
committee substitute (CS) [yet to be adopted version M, see
below for detail]. She shared that working on the CS had
been a collaborative process that had made a good bill even
better. She had heard significant support for the passage
of the bill from agricultural local gardening communities.
The bill would help to legitimize a growing movement in the
state to further improve food security and self-
sufficiency. She thanked the committee for hearing the bill
and asked her staff to provide further detail.
ELIZABETH REXFORD, STAFF, REPRESENTATIVE JENNIFER JOHNSTON,
read from a prepared statement:
The newest version of HB 197 reduces labeling and
testing regulations for the exchange of small batches
of commercial seeds. The bill will permit the Alaskan
gardening and farming communities the opportunity to
continue expanding seed sharing without breaking the
law. We currently have far onerously labeling
requirements in Alaska.
The way the statute is currently written, any seed
that is used at any capacity within the state has to
go through or should go through the commercial process
of extensive testing, germinating percentages, and
labeling. The new requirements comparatively would be
limited. The new labeling guidelines would require
only a few sections: the seed's common name and name
and address of the seed library. If treated with a
toxic substance the labeling would require the
statement "treated seed, not for consumption." As for
signage in the library, the seed library would have to
display the statement "not authorized for commercial
use and not classified, graded, or inspected by the
State of Alaska." The new fewer requirements for
labeling is far less than the two pages of
requirements we currently do have.
As stated previously, Alaska has been experiencing a
severe food security challenge. By passage of this
bill, our community seed libraries will be able to
confidently exist and grow into the future. Please
join us in supporting HB 197. Rob Carter whom is the
state's plant material center manager is online as our
expert. Thank you for taking the time to hear this
bill again.
10:09:09 AM
Co-Chair Foster noted the committee had previously been
joined by Representative Ortiz.
Representative Wilson asked for verification the 100-pound
limit in the bill meant that a person [could not give or
exchange seed] exceeding more than 100 pounds at one time.
She asked for verification that it was not an annual limit.
Ms. Rexford answered that a 12-month limitation per person
included in a previous bill version had been removed.
Representative Wilson asked if the limit was based on a
particular transaction in the current bill.
Ms. Rexford answered in the affirmative.
Co-Chair Seaton referenced language the summary of changes
from bill versions A to M, specifying version M had removed
the insertion of "commercial and noncommercial." He asked
for clarification.
Ms. Rexford answered that the specific language in the
summary of changes had been an error.
Representative Guttenberg spoke to the importance of the
bill for encouraging gardens and early farmers. He
appreciated the sponsor's work on the bill. He explained
there was no need to regulate seed libraries "at that
level" but they were still subject to regulations regarding
noxious weeds and other things. He thought 100-pound per
person limit seemed like a substantial amount. He asked for
detail. He asked if the limit focused on one specific seed
such as grass, alfalfa, hay, or other.
Ms. Rexford answered that the sponsor had considered a few
levels and numbers in terms of grams and pounds. She
believed the figure had originally been 100 grams, which
was far too small for the department to oversee and
regulate. The level had been increased to 1 pound, which
was also viewed as too low. The department had come up with
a number to protect the public and agricultural communities
against invasive species and other noxious plants. She
discussed how the 100-pound limit had been calculated. It
had been suggested by calculating the general broadcasting
plant recommendation for the non-commercial planting of a
cover crop used to improve soil health or to produce a crop
such as oats or barley for 1 acre of feed or forage. In the
future there may be several instances where the amount
would exceed the 100-pound limitation, in which case, the
current testing regulations would be followed.
10:13:19 AM
Representative Guttenberg opined that a one acre lot
bordered on commercial, but he was not certain where the
break point occurred. He asked to hear from the Department
of Natural Resources (DNR) at what point a low level seed
library became commercial (due to size).
ROB CARTER, MANAGER, PLANT MATERIALS CENTER, DIVISION OF
AGRICULTURE, DEPARTMENT OF NATURAL RESOURCES (via
teleconference), asked for a restatement of the question.
Representative Guttenberg complied. He believed 100 pounds
exceeded what he perceived a seed library to be. He viewed
seed libraries as local gardeners with vegetable and garden
patches. He stated that 100 pounds could be much more if it
was for a family. He asked what a 100-pound limit included
that a limit of 25 to 50 pounds could not have done.
Mr. Carter answered that 100 pounds was a general broadcast
planting rate for crops such as oats, barley, and wheat
that an individual may utilize for a forage crop for their
goats, cows, or other livestock. The department believed
limitations were necessary to provide protection and ensure
it could control the spread of invasive or nonnative
species of plants in Alaska. The department wanted to make
sure the limitations were high enough for individuals
living a subsistence lifestyle who may be raising livestock
or producing a forage or feed or improve their soil in
remote regions of one acre or more. The department believed
100 pounds met the need and still fell below the threshold
required for commercial planters or producers.
10:16:08 AM
Representative Guttenberg thought the answer made
significant sense. He had not previously thought about a
local gardener or seed library trying to support goats or
dairy. He asked for the coverage of 100 pounds of barley or
grass seed. He asked for verification the bill applied to
noncommercial farmers only and would not include commercial
seed producers.
Mr. Carter replied in the affirmative. For example, the
bill would apply to an individual living in Bethel or north
of the range along the Yukon River who was required to
purchase some seed. He continued that to save on shipping
the individual had brought in a couple hundred pounds. The
individual had carryover from the previous year from a
barley crop they had used to raise livestock for
subsistence. The bill would give the individual the right
to share the noncommercial seed with the community and
nonprofits in order to reap the benefits of a cover crop or
the forage produced off a reasonable one acre.
Co-Chair Seaton referenced the summary of changes, which
addressed the limitation of 100 pounds for a single
transfer. He pointed to labeling requirements on page 4 of
the bill pertaining to each person receiving seeds. He
wondered if a person could buy four 100-pound sacks on four
different days to avoid the 100-pound limitation.
Alternatively, he wondered if a person would be limited to
buying 100 pounds per year.
Ms. Rexford answered that as the bill currently read, the
limit was per transaction.
Co-Chair Seaton asked for the location of the provision in
the bill. He looked at the requirement on page 4 of the
bill that read "a person may not give seed or exchange seed
with another person under AS 03.20.110 and 03.20.120 in an
amount that, for each person who receives the seed, exceeds
100 pounds." He asked if the limit was per transaction or
per person.
10:19:50 AM
Mr. Carter viewed the limit as applying to the person
receiving the seed. For example, it was more efficient to
buy cereal grain in bulk. He provided a hypothetical
example of an individual on the peninsula who chose to
purchase a super sack (1,800 to 2,000 pounds of seed) to be
used as forage on their property. If a person used 1,000
pounds of the seed and wanted to donate the remainder
across the community, to a seed library, or to a nonprofit,
they would be limited to giving out 100 pounds of the seed
per person.
Co-Chair Seaton asked if the sponsor saw a transaction
limitation any differently.
Representative Johnston answered they had contemplated
various limits. She believed the current language was the
best it could be without limiting too much, while
maintaining some kind of protection.
Co-Chair Seaton clarified for the record that the limit was
per person.
Co-Chair Foster noted the committee had been joined by
Representative Grenn earlier.
Co-Chair Seaton MOVED to ADOPT the proposed committee
substitute for CSHB 197(FIN), Work Draft 30-LS0493\M
(Wayne, 3/7/18).
There being NO OBJECTION, it was so ordered.
Vice-Chair Gara reviewed the zero fiscal note from the
Department of Natural Resources.
Co-Chair Seaton MOVED to REPORT CSHB 197(FIN) out of
committee with individual recommendations and the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
CSHB 197(FIN) was REPORTED out of committee with a "do
pass" recommendation and with one new zero fiscal note from
the Department of Natural Resources.
10:23:57 AM
AT EASE
10:25:25 AM
RECONVENED