02/18/2014 05:00 PM House RULES

           SB 148-KACHEMAK BAY CRITICAL HABITAT AREA                                                                        
                                                                                                                                
5:05:12 PM                                                                                                                    
                                                                                                                                
CHAIR JOHNSON  announced that the  first order of  business would                                                               
be SENATE BILL  NO. 148, "An Act excluding certain  land from the                                                               
Kachemak Bay Critical Habitat Area."                                                                                            
                                                                                                                                
5:05:34 PM                                                                                                                    
                                                                                                                                
SENATOR  PETER MICCICHE,  Alaska State  Legislature, speaking  as                                                               
the sponsor  of SB 148,  explained that the  legislation excludes                                                               
the Homer  Harbor and  a small  area that  is planned  for future                                                               
harbor  and deep  water  dock expansions  from  the Kachemak  Bay                                                               
Critical Habitat Area because the  plan never intended to include                                                               
municipal  harbors   within  the   critical  habitat   area;  the                                                               
statutory boundary  was essentially incorrect.   The Homer Harbor                                                               
provides a secure and environmentally  responsible place to store                                                               
and  maintain vessels  that  support the  oil  and gas  industry.                                                               
However,  for infrastructure  to  be repaired  or  vessels to  be                                                               
anchored for more than 14 days  in the Homer Harbor, permits have                                                               
to be  obtained.  He then  related that the Alaska  Department of                                                               
Fish & Game (ADF&G) is in support  of SB 148 as is the Homer City                                                               
Council.    Local   environmental  nongovernmental  organizations                                                               
(NGOs) are  primarily in  support of full  disclosure.   He noted                                                               
that the  Kachemak Bay Conservation Society,  the only opposition                                                               
he has heard,  has concerns in that they  don't believe equipment                                                               
used to  drill for oil and  gas should be  kept in a harbor.   In                                                               
closing, Senator  Micciche reiterated  that the Homer  Harbor was                                                               
never intended  to be  included in the  critical habit  area, and                                                               
thus SB  148 removes the  Homer Harbor and  allows it be  used as                                                               
other harbors.                                                                                                                  
                                                                                                                                
5:07:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON inquired as to  whether there is a location                                                               
outside  of  the Homer  Harbor  that  the  oil and  gas  drilling                                                               
equipment could be kept.                                                                                                        
                                                                                                                                
SENATOR MICCICHE opined  that the oil and  gas drilling equipment                                                               
is  currently stored  in locations  that he  believes are  not as                                                               
safe, secure,  or protected as  it could  be.  He  specified that                                                               
the Homer  City Council  is in  unanimous support  of SB  148 and                                                               
other  local  NGOs with  a  fairly  extensive membership  are  in                                                               
support [of  SB 148] because  of the protected nature  of keeping                                                               
oil and  gas drilling equipment in  the harbor area.   In further                                                               
response to  Representative Herron, Senator Micciche  related his                                                               
belief that the  opposition is from a group of  folks that do not                                                               
envision  Kachemak  Bay  having  anything  to  do  with  resource                                                               
extraction.                                                                                                                     
                                                                                                                                
5:08:46 PM                                                                                                                    
                                                                                                                                
CHAIR JOHNSON opened public testimony.                                                                                          
                                                                                                                                
5:09:26 PM                                                                                                                    
                                                                                                                                
STUART SCHMUTZLER  began by reminding  the committee  that people                                                               
are  capable  of  destroying  habitat  for  many  other  species,                                                               
including  habitat  that  provides  us  with  foods  to  survive.                                                               
Therefore,   he   opined   that    people   have   a   tremendous                                                               
responsibility  not to  damage or  destroy these  habitats merely                                                               
for the  short-term economic gain  today; preserving  habitat for                                                               
the future is important.  The  Homer economy, he opined, has done                                                               
quite well without  storing vehicles from an  industry that could                                                               
pollute and  damage the waters  in a designated  critical habitat                                                               
area.   Mr. Schmutzler encouraged  the committee to  maintain the                                                               
critical habitat area designation for the area.                                                                                 
                                                                                                                                
5:11:13 PM                                                                                                                    
                                                                                                                                
CHAIR JOHNSON,  upon determining no  one else wished  to testify,                                                               
closed public testimony.                                                                                                        
                                                                                                                                
5:11:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG, referring  to an  aerial map  entitled                                                               
"Proposed Exclusion  to the Kachemak  Bay Critical  Habitat Area"                                                               
in the committee  packet, inquired as to the  area withdrawn from                                                               
the critical habitat area.                                                                                                      
                                                                                                                                
SENATOR  MICCICHE  answered  that  everything  currently  in  the                                                               
existing Kachemak  Bay Critical Habitat Area  remains, except the                                                               
little  triangle  designating  the  area  to  be  removed.    The                                                               
legislation merely defines  what was intended not  to be included                                                               
in the critical habitat area and removes the ambiguity.                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG related his  understanding then that the                                                               
area being removed isn't the  Homer spit itself, but is basically                                                               
the area off the shore and the harbor.                                                                                          
                                                                                                                                
SENATOR  MICCICHE  clarified that  the  spit  was not  originally                                                               
included in  the critical habitat  area and the  legislation does                                                               
remove the harbor  and the area just outside of  the harbor.  The                                                               
legislation defines the boundaries legally.                                                                                     
                                                                                                                                
5:14:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CHENAULT moved  to report SB 148  out of committee                                                               
with  individual  recommendations  and  the  accompanying  [zero]                                                               
fiscal note.  There being no  objection, SB 148 was reported from                                                               
the  House   Rules  Standing  Committee  and   is  available  for                                                               
calendaring.