03/28/2018 01:30 PM Senate JUDICIARY

        SB 202-NATIVE CORP. LIABILITY FOR CONTAMINATION                                                                     
                                                                                                                                
2:04:11 PM                                                                                                                    
CHAIR COGHILL  announced the  consideration of  SB 202  and noted                                                               
this was the second hearing.                                                                                                    
                                                                                                                                
2:04:37 PM                                                                                                                    
SENATOR LYMAN HOFFMAN, Alaska  State Legislature, Juneau, Alaska,                                                               
sponsor of  SB 202, stated  that the legislation  provides relief                                                               
from liability  from damages related  to contaminated  lands that                                                               
were conveyed  to Alaska Native  corporations through  the Alaska                                                               
Native  Claims Settlement  Act (ANCSA)  if  the contamination  is                                                               
proved to have  occurred prior to conveyance. He  said Ms. Boario                                                               
will provide  answers to  the questions  that were  raised during                                                               
the previous hearing.                                                                                                           
                                                                                                                                
2:06:23 PM                                                                                                                    
MARIDON  BOARIO,  Staff  Senator   Lyman  Hoffman,  Alaska  State                                                               
Legislature, Juneau,  Alaska, said several questions  were raised                                                               
during  the  previous  hearing  relating  to  the  scope  of  the                                                               
contamination,  the contaminants  involved, and  the entity  that                                                               
tracks that  information. She reached  out to the Bureau  of Land                                                               
Management   and   the   Alaska   Department   of   Environmental                                                               
Conservation who  maintain detailed  websites of the  location of                                                               
the various sites  and a list of the contaminants  that have been                                                               
identified. She sent  those links to members' staff  along with a                                                               
map.  A few  of the  contaminants that  have been  identified are                                                               
arsenic,   lead,  unexploded   ordinance,  PCBs,   solvents,  and                                                               
petroleum products.                                                                                                             
                                                                                                                                
To the question about whether  the state is responsible for costs                                                               
related to the  cleanup of the contamination, he  said the answer                                                               
is no unless the state is  found to be the responsible party pre-                                                               
conveyance.   She  checked   with  the   Alaska  Native   Village                                                               
Corporation Association  and DEC and  neither could think  of any                                                               
land  in that  category. Most  of the  land that  was transferred                                                               
through  ANCSA was  federal. She  also noted  that there  were no                                                               
lawsuits related to the transfer  of ANCSA. To the question about                                                               
whether passage  of the bill  makes it  more likely for  a Native                                                               
corporation to get funding, the  answer is yes. Federal funds are                                                               
available  to  Native  corporations   if  they  are  relieved  of                                                               
liability. Passing the bill would show state support for that.                                                                  
                                                                                                                                
2:09:14 PM                                                                                                                    
CHAIR COGHILL  found no further questions  or proposed amendments                                                               
and solicited a motion.                                                                                                         
                                                                                                                                
2:09:36 PM                                                                                                                    
SENATOR  COSTELLO  moved  to  report  SB  202,  version  A,  from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
2:09:51 PM                                                                                                                    
CHAIR  COGHILL announced  that without  objection,  SB 202  moved                                                               
from the Senate Judiciary Standing Committee.