Legislature(2019 - 2020)BARNES 124
03/08/2019 01:20 PM House RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SJR7 | |
| Confirmation Hearing(s): || Commissioner, Alaska Department of Fish and Game | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | SJR 7 | TELECONFERENCED | |
SJR 7-ENDORSING ANWR LEASING; RELATED ISSUES
1:26:42 PM
CO-CHAIR LINCOLN announced that the first order of business
would be SENATE JOINT RESOLUTION NO. 7, Requesting that the
United States Department of the Interior Bureau of Land
Management implement an oil and gas leasing program in the
coastal plain of the Arctic National Wildlife Refuge.
1:26:55 PM
SENATOR CHRIS BIRCH, Alaska State Legislature, speaking as the
sponsor of SJR 7, reminded the committee the comment period for
the Arctic National Wildlife Refuge (ANWR) leasing program draft
environmental impact statement (EIS) closes 3/13/19 and the
purpose of the resolution is to serve as the official comment of
the Thirty-first Alaska State Legislature. He described the
time needed for the passage of SJR 7 and cautioned if amended,
the resolution will miss the deadline by two days. He urged the
committee to pass the resolution without amendment.
CO-CHAIR LINCOLN said a forthcoming amendment was submitted
following the requirements of the co-chairs; however, the maker
of the amendment wishes to make changes to the amendment [that
was drafted by Legislative Legal Services, Legislative Affairs
Agency].
1:29:01 PM
The committee took an at-ease from 1:29 p.m. to 1:30 p.m.
1:30:53 PM
REPRESENTATIVE HOPKINS explained the language in the amendment
drafted by Legislative Legal Services was divided into two
separate amendments labeled Amendment 1 and Amendment 2.
Amendment 1 read:
Page 3, following line 12:
Insert new resolution sections to read:
"WHEREAS, to protect the state's record or [sic]
successful development, the input of the Gwich'in and
Inupiat people, who currently and traditionally reside
in the North Slope Borough and the Yukon-Koyukuk
census areas, may be taken into consideration, and the
full effects of development on the Porcupine and
Central Arctic caribou herds, on which they
traditionally rely, as well as the full environmental
effects of the infrastructure needed to bring the
resources to market, may be addressed through the
environmental permitting process; and
REPRESENTATIVE HOPKINS said the only change to this portion of
the language from the drafted amendment is on line 5, a change
from "must" to "may".
1:32:21 PM
REPRESENTATIVE HOPKINS moved Amendment 1 [text provided
previously].
1:32:34 PM
CO-CHAIR LINCOLN objected for discussion purposes.
REPRESENTATIVE HOPKINS further explained the purpose of
Amendment 1 is to ensure comments are heard from residents who
utilize the land and traditional use of the Porcupine and
Central Arctic caribou herds in the area of ANWR [designated by
section 1002 of the Alaska National Interest Lands Conservation
Act (the section 1002 area)]. Furthermore, Amendment 1
addresses the full environmental impacts of the production
infrastructure [that is supported by SJR 7] such as feeder
lines, seismic activity, and ice roads.
REPRESENTATIVE RASMUSSEN agreed it is important to hear from
local residents; however, she stated her concern is that any
amendment would prevent timely passage of the resolution.
REPRESENTATIVE RAUSCHER asked for clarification on the impact to
the caribou herds.
REPRESENTATIVE HOPKINS said the amendment takes into
consideration the long-term impacts on the population of the
caribou herds and their migration pattern to the calving grounds
within the [section 1002 area].
REPRESENTATIVE SPOHNHOLZ turned attention to the concern about
the timeline for the resolution and suggested the legislature
could easily waive [Alaska State Legislature Uniform Rules] and
thereby improve the language of SJR 7 and meet its deadline.
REPRESENTATIVE TUCK stressed the need to improve the language in
legislation during committee hearings and thereby avoid problems
later on in the legislative process.
1:37:25 PM
REPRESENTATIVE RASMUSSEN suggested the intent of the amendment
could be more appropriately conveyed in a second resolution to
Congress; she pointed out the topic of SJR 7 is directed to the
Bureau of Land Management (BLM), Department of the Interior.
REPRESENTATIVE RAUSCHER asked the sponsor whether amendments
were discussed during Senate hearings.
SENATOR BIRCH said no. In further response to Representative
Rauscher, he said there was discussion related to the WHEREAS on
page 3, lines 6-9, which read:
WHEREAS the state continues to strive to ensure the
ongoing health and productivity of the Porcupine and
Central Arctic caribou herds and the protection of
land, water, and wildlife resources during the
exploration and development of the coastal plain of
the Arctic National Wildlife Refuge; and
SENATOR BIRCH recalled comments on the floor of the Senate were
that this issue is adequately addressed and noted in the summer
[of 2018], the Porcupine caribou herd population was at an all-
time high of 218,000.
REPRESENTATIVE RAUSCHER questioned whether the Senate would
concur in House amendments.
1:40:04 PM
SENATOR BIRCH opined there are no serious issues with "any of
the resolutions in that context," and the Senate directed SJR 7
not to Congress, but to BLM, to urge for a lease sale. In fact,
the resolution does not choose one alternative from four that
were identified [in the draft EIS]; however, the language of
[Amendment 1] sets an unattainably high bar for state and
federal regulators.
CO-CHAIR LINCOLN surmised lease sales are one early step in
development and resulting projects need specific permits and
environmental impact statements.
SENATOR BIRCH said correct.
1:41:33 PM
REPRESENTATIVE TALERICO pointed out in the [Coastal Plain Oil
and Gas Leasing Program] draft EIS, produced by BLM, four
possible decisions were identified. He then remarked:
BLM has been in contact with the Arctic Village
Council, the Inupiat community of the Arctic slope,
the Native Village of Kaktovik, Venetie Village
Council, Native Village of Venetie Tribal Government,
Beaver Village, Birch Creek Tribal Council,
Chalkyitsik Village Council, the Gwich'in Tribal
Government - which is located in Fort Yukon -
Anaktuvuk Pass, the Native Village of [Utqiagvik], the
Inupiat Traditional Government, the Native Village of
Nuiqsut, the Native Village of Stevens. ... No doubt,
these folks have been in, BLM has been in contact and
this was for consulting purposes.... ... I'm opposed
to ... the amendment just due to the fact that I think
that the agency has, has done their due diligence in
this process ....
SENATOR BIRCH added there was extensive supporting testimony
during the Senate Resources Standing Committee hearing of SJR 7
from the North Slope Borough, Arctic Slope Regional Corporation,
and the Village of Kaktovik.
REPRESENTATIVE HOPKINS stated Amendment 1 would urge [BLM] to
continue working with the Gwich'in and Inupiat people during the
EIS process and ensure developing [the section 1002 area] will
not negatively impact the size of the caribou herds. He
stressed amending SJR 7 to include additional precautions may
prevent litigation.
1:45:57 PM
CO-CHAIR LINCOLN maintained his objection.
1:46:31 PM
The committee took a brief at-ease.
1:47:02 PM
A roll call vote was taken. Representatives Tuck, Hannan,
Hopkins, and Spohnholz voted in favor of Amendment 1.
Representatives Rasmussen, Rauscher, Talerico, and Lincoln voted
against it. Therefore, Amendment 1 failed by a vote of 4-4.
1:47:44 PM
REPRESENTATIVE HOPKINS moved Amendment 2, which read:
Page 3, following line 12:
Insert new resolution sections to read:
"WHEREAS, while most Alaskans support development
in the coastal plain of the Arctic National Wildlife
Refuge, many do so with the understanding that the
state's workforce will be used to the maximum extent
possible if the leasing program moves forward; and
1:47:49 PM
CO-CHAIR LINCOLN objected for discussion purposes.
REPRESENTATIVE HOPKINS explained the language of Amendment 2 is
similar to that of many resolutions passed by the legislature
urging Congress to ensure the state's workforce will be used to
the maximum extent possible should the EIS process and leasing
program advance. He acknowledged state legislation cannot
mandate "Alaska hire"; however, at the municipal level and
through interstate commerce regulations, "this would not be an
unconstitutional step based on our research on putting Alaskans
to work for Alaska's resources ...."
1:49:51 PM
The committee took an at-ease from 1:49 p.m. to 1:52 p.m.
1:52:41 PM
REPRESENTATIVE RAUSCHER opined the aforementioned issue is
unconstitutional.
REPRESENTATIVE HOPKINS clarified at the federal level, Congress
is allowed to regulate interstate commerce, and previous
resolutions in this regard have included language urging for
Alaska employment preference.
SENATOR BIRCH pointed out SJR 7 does not go to Congress;
although no one would question a preference for Alaska hire, the
resolution will go to "the administrative side" at BLM. He
restated his concern about the limited time available to achieve
passage of the resolution.
REPRESENTATIVE TALERICO said he will not support Amendment 2,
citing the 1977 Alaska Supreme Court opinion in Hicklin v.
Orbeck which states, "The durational residence requirements are
subject to strict scrutiny under the equal protection clauses of
the federal and state constitutions because they penalize those
who have exercised their fundamental right of interstate
migration ...."
1:56:34 PM
REPRESENTATIVE TUCK expressed his support for Amendment 2 which
is an opportunity to communicate the legislature's support for
local hire, and specifies the "workforce will be used to the
maximum extent possible."
SENATOR BIRCH said Amendment 2 is not necessary under these
circumstances.
REPRESENTATIVE HOPKINS reported his research has determined that
there is sufficient time - due to a history of legislative
support for similar resolutions - to allow for the change to
ensure Alaskans receive maximum benefit for their resources.
1:58:57 PM
CO-CHAIR LINCOLN withdrew his objection.
1:59:05 PM
REPRESENTATIVE RAUSCHER objected.
A roll call vote was taken. Representatives Hannan, Hopkins,
Spohnholz, Tuck, and Lincoln voted in favor of Amendment 2.
Representatives Rasmussen, Rauscher, and Talerico, voted against
it. Therefore, Amendment 2 was adopted by a vote of 5-3.
2:00:22 PM
REPRESENTATIVE HOPKINS moved to report SJR 7, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, HCS SJR 7(RES) was
reported out of the House Resources Standing Committee.