Legislature(2005 - 2006)HOUSE FINANCE 519
05/05/2005 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB110 | |
| HCR12 | |
| SB110 | |
| HB106 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 291 | TELECONFERENCED | |
| + | HB 297 | TELECONFERENCED | |
| + | HCR 12 | TELECONFERENCED | |
| + | SB 142 | TELECONFERENCED | |
| + | SB 144 | TELECONFERENCED | |
| + | SB 150 | TELECONFERENCED | |
| + | SB 130 | TELECONFERENCED | |
| += | HB 106 | TELECONFERENCED | |
| = | SB 110 | ||
| + | TELECONFERENCED |
CS FOR SENATE BILL NO. 110(FIN)(efd fld)
An Act relating to regulation of the discharge of
pollutants under the National Pollutant Discharge
Elimination System.
1:40:43 PM
Vice-Chair Stoltze MOVED to ADOPT Amendment #4 for
Representative Seaton. Vice-Chair Stoltze OBJECTED.
KURT FREDRIKSSON, COMMISSIONER, DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, explained that the Department intends to
continue the work group to help develop the bill proposal.
The original intent of the work group was to help those most
affected in their attempt to get approval from the
Environmental Protection Agency (EPA). All work group
activities are public noticed for comment. He thought that
Amendment #4 would create a more formal process. He stated
it was unnecessary because the Administrative Procedure Act
already clearly addresses that.
Vice-Chair Stoltze WITHDREW his OBJECTION.
Co-Chair Meyer OBJECTED.
A roll call vote was taken on the motion to adopt Amendment
#4.
IN FAVOR: Stoltze, Croft, Joule, Kelly
OPPOSED: Foster, Hawker, Holm, Meyer, Chenault
Representative Moses and Representative Weyhrauch were not
present for the vote.
The MOTION FAILED (4-5).
Vice-Chair Stoltze MOVED to ADOPT Amendment #5 for
Representative Seaton. Vice-Chair Stoltze OBJECTED.
Commissioner Fredriksson explained that the amendment would
insert language on Page 5, Line 13, after "program" adding
"or comments on a draft permit". The work group has
attempted to draw up the appropriate language. There are
laws requiring a review if substantive changes are made. He
thought it would place an obligation on the Department to
discuss changes with all parties and urged that the
amendment not move forward. He guaranteed that if there
were significant changes made, the Department is already
required to offer a significant review.
Vice-Chair Stoltze WITHDREW his OBJECTION. Representative
Kelly OBJECTED.
1:47:09 PM
Representative Joule asked who defines "significant
changes". Commissioner Fredriksson replied it would be the
Department with respect to rule making and permitting.
Co-Chair Chenault inquired if the Department would be
required to discuss all comments regarding that process.
Commissioner Fredriksson said they would.
1:48:22 PM
Vice-Chair Stoltze WITHDREW Amendment #5. There being NO
OBJECTION, it was withdrawn.
Vice-Chair Stoltze recommended that the bill be held in
Committee so that Representative Weyhrauch could be present
to add his comments. Co-Chair Meyer agreed but noted that
it was his intent to move the bill from Committee at the
morning meeting.
SB 110 was HELD for further consideration.
CS FOR SENATE BILL NO. 110(FIN)(efd fld)
An Act relating to regulation of the discharge of
pollutants under the National Pollutant Discharge
Elimination System.
Representative Weyhrauch MOVED to ADOPT Amendment #1, #24-
GS1009\GA.2, Bullock, 5/4/05. Vice-Chair Stoltze OBJECTED.
Representative Weyhrauch noted that he would like to amend
Amendment #1, by deleting Lines 1-9. The language of the
amendment would insert a new bill section, Page 6, following
Line 1, which would clarify the duties of the Department of
Environmental Conservation.
Representative Hawker OBJECTED to the deletion of that
language. Representative Weyhrauch advised that the intent
was only to replace that section and then create a new
Section 6.
2:04:01 PM
Representative Weyhrauch reiterated his intent to delete
Lines 1-9 and replace with deleted Section 1.
Representative Hawker WITHDREW his OBJECTION. Commissioner
Fredriksson interjected that the Department had no objection
to the change.
2:05:40 PM
Representative Kelly referenced Line 16 (B) regarding
establishing the work group, and asked why EPA had not been
included. Representative Weyhrauch explained that the "work
group" language had originated in the Governor's bill.
Commissioner Fredriksson added, the intent was to establish
a working group regulated by the program and involving EPA
only to the extent that the application passes their
approval.
Vice Chair Stoltze WITHDREW his OBJECTION. There being NO
further OBJECTION, Amendment #1 was adopted.
2:07:35 PM
Representative Weyhrauch MOVED to ADOPT Amendment #2, #24-
GS1009\GA.3, Bullock, 5/4/05. Vice-Chair Stoltze OBJECTED.
Representative Weyhrauch explained that the amendment mostly
addressed grammatical editing language. The proposed
verbiage simply makes it easier to read and understand.
2:09:14 PM
Representative Joule requested clarification regarding those
changes. Representative Weyhrauch explained the need.
2:10:17 PM
Commissioner Fredriksson acknowledged that the amendment
provides a technical clarification and that the Department
would not object.
2:10:47 PM
Representative Weyhrauch MOVED a change to Amendment #2.
(Copy on File). The language inserts a new Section (J): "A
person who applies for a permit under the program has the
opportunity to review a proposed final permit and discuss it
with staff of the department before the department issues
the permit". There being NO OBJECTION, the amendment was
amended.
2:10:57 PM
Vice-Chair Stoltze WITHDREW his OBJECTION. Commissioner
Fredriksson agreed to proposed changes. Amended Amendment
#2 was adopted.
2:12:35 PM
Representative Weyhrauch WITHDREW Amendment #3.
Vice-Chair Stoltze MOVED to RESCIND previous action on
failure to adopt Amendment #4. There being NO OBJECTION,
the action was rescinded.
2:13:27 PM
Vice-Chair Stoltze MOVED to ADOPT Amendment #4 in order that
the sponsor be able to address it. Vice-Chair Stoltze
OBJECTED.
REPRESENTATIVE PAUL SEATON advised the language was added in
the House Resources Committee. He indicated that the
developed permitting process allows public access to the
work group.
Commissioner Fredriksson spoke against the amendment. He
indicated that the Department recognizes their obligation to
the public review process. The Department annually reports
to the Governor and the Legislature and should not be
required to go through an administrative rule making
process. The Department would not support the amendment.
2:17:18 PM
Representative Weyhrauch asked if there were federal EPA
requirements for public notice of meetings. Commissioner
Fredriksson did not know the process required for EPA. He
noted that all meetings regarding the proposed legislation
had been public noticed; however, there had been no
administrative rule making process. The Department was
focused on establishing a work group affected and regulated
by the program.
2:18:26 PM
Representative Weyhrauch asked if the meetings were subject
to Alaskan law Open Meetings Act.
2:19:02 PM
CAMERON LEONARD, (TESTIFIED VIA TELECONFERENCE), ASSISTANT
ATTORNEY GENERAL, DEPARTMENT OF LAW, ANCHORAGE, explained
that under the Open Meetings Act, a meeting of that type
would not be subject to those requirements. Normally, only
government entities with decision-making authority are
subject.
Representative Weyhrauch asked if it was the Department's
intent to provide public notice if the amendment was not
enacted. Commissioner Fredriksson replied the Department
has in the past and does intend to in the future.
2:19:47 PM
Representative Seaton interjected that if the public is not
involved in the front-end process, ultimately, there will be
problems d.
Vice-Chair Stoltze WITHDREW his OBJECTION. Representative
Weyhrauch OBJECTED.
A roll call vote was taken on the motion.
IN FAVOR: Joule, Stoltze, Weyhrauch, Chenault
OPPOSED: Foster, Hawker, Holm, Kelly, Meyer
Representative Croft and Representative Moses were not
present for the vote.
The MOTION FAILED (4-5).
2:21:47 PM
Vice-Chair Stoltze MOVED to ADOPT Amendment #5.
Representative Kelly OBJECTED.
Representative Seaton explained that the amendment allows
the permittee to comment on the draft with the intent to
make a more open process. Commissioner Fredriksson
countered that the Department's idea is to allow the
opportunity for the permit recipient to "have a look" in
case something technical was missing. He stated there are
opportunities for appeal rights for both the applicant and
rd
the 3 parties. If there were significant changes made
during the public comment period, the Department has an
obligation to go back to the public for the changes to be
addressed. He believed the amendment was not necessary to
protect the public's interest.
2:25:16 PM
Representative Weyhrauch commented on potential problems
resulting from public interest groups sending mass mailings
regarding their specific concerns. He asked how
Representative Seaton would address that situation.
Representative Seaton explained that regulators are not
allowed to draft opinions before they come up. He
reiterated it would end up in Court because only one side is
being allowed to testify on the permit process.
2:27:41 PM
Representative Weyhrauch noted language on Page 5, Line 12,
regarding the public process period. The permit is made
public following an internal review and all comments and
emails are subject to disclosure under the Public Records
Act. Representative Seaton argued the need for the
amendment.
2:29:47 PM
Representative Kelly questioned how it would "play out"; he
thought that getting parties together could be difficult and
spoke against the amendment.
2:31:07 PM
A roll call vote was taken on the motion.
IN FAVOR: Croft
OPPOSED: Foster, Hawker, Holm, Kelly, Stoltze,
Weyhrauch, Meyer, Chenault
Representative Joule and Representative Moses were not
present for the vote.
The MOTION FAILED (1-8).
Representative Foster MOVED to REPORT HCS CS SB 110 (FIN)
out of Committee with individual recommendations and with
the accompanying fiscal note. There being NO OBJECTION, it
was so ordered.
HCS CS SB 110 (FIN) was reported out of Committee with a
"no" recommendation and with zero note #1 by the Department
of Fish & Game, zero note #2 by the Department of Natural
Resources, zero note #4 by the Department of Transportation
& Public Facilities and fiscal note #5 by the Department of
Environmental Conservation.
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