Legislature(2023 - 2024)BUTROVICH 205
05/12/2023 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| SJR12 | |
| HB104 | |
| SB69 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SJR 12 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 104 | TELECONFERENCED | |
| += | SB 69 | TELECONFERENCED | |
SJR 12-SECTION 404 CWA PERMIT PROGRAM
3:35:39 PM
CO-CHAIR GIESSEL announced the consideration of SENATE JOINT
RESOLUTION NO. 12 Supporting action by the United States
Congress to authorize and appropriate adequate funding for
states that assume the dredge and fill permitting program under
Section 404 of the Clean Water Act; and expressing the intention
of the state to assume jurisdiction over the program when
funding is available.
3:35:51 PM
CO-CHAIR BISHOP, speaking as the sponsor of SJR 12, explained
that the resolution states support for the Department of
Environmental Conservation's (DEC) efforts to assume the dredge
and fill permitting program under Section 404 of the Clean Water
Act, and urges Congress to appropriate the funds for states that
have assumed primacy. He clarified that the Environmental
Protection Agency (EPA) would still retain veto power under
404(c) as well as dredge and fill permitting authority for
federal waters of the US.
CO-CHAIR GIESSEL noted who was available to answer questions.
3:37:50 PM
SENATOR KAWASAKI asked if the state would have permitting
authority for state waters but not for Section 10 waters under
the 404 assumption.
3:38:30 PM
RANDY BATES, Director, Division of Water, Department of
Environmental Conservation (DEC), Juneau, Alaska, stated support
for SJR 12. He reported that the department was working with the
congressional delegation, the funding agencies at the Army Corps
of Engineers (Corps) and the Environmental Protection Agency
(EPA), and representative organizations the state belongs to as
it look3 at state primacy of the Section 404 program. He agreed
with the sponsor that EPA will retain oversight authority over a
state-run 404 program and the Corps will retain permitting
authority in the non-assumable Section 10 waters. The state will
assume permitting authority in the assumable Section 10 waters.
He deferred to Julie Pack to answer Senator Kawasaki's question.
3:40:12 PM
JULIE PACK, Assistant Attorney General, Environmental Section,
Civil Division, Department of Law, Anchorage, Alaska, confirmed
Mr. Bates' statement that once the state assumes the Section 404
program, the Corps will retain authority over the non-assumable
Section 10 waters.
SENATOR KAWASAKI asked, if the state were to assume 404 primacy,
whether permit applicants would be faced with working with both
EPA and the state when the waterway has both Section 10 and non-
Section 10 waters.
MR. BATES responded that it was DEC's intention to provide the
applicant with an option in that circumstance. They could go
through the Army Corps of Engineers for the entire project or
they could get a permit from the Corps for the part of the
project that's under the Corps' jurisdiction and get a state 404
permit for the part of the project that is inland of the
retained waters boundary.
SENATOR KAWASAKI asked under what circumstance an applicant who
is interfacing two separate waterbodies would forego working
with the state and opt to work only with the federal government.
MR. BATES cited the example of a project that has just a sliver
of state waters and the rest is non-assumable Section 10 waters.
He continued that for a project that is substantially in state-
assumed waters or that has some compensatory mitigation
requirements that the state could manage more appropriately, the
applicant may choose to bifurcate the review process.
3:45:02 PM
CO-CHAIR GIESSEL opened public testimony on SJR 12; finding
none, she closed public testimony.
3:45:26 PM
At ease
3:47:08 PM
CO-CHAIR GIESSEL reconvened the meeting and noted that there was
an amendment for the committee to consider.
3:47:19 PM
SENATOR WIELECHOWSKI moved to adopt Amendment 1 to SJR 12, work
order 33-LS0846\A.1, on behalf of Senator Claman.
33-LS0846\A.1
Radford
5/12/23
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR CLAMAN
TO: SJR 12
Page 1, line 3, following "Act;"
Insert "supporting federal funding to locate in
the state a United States Environmental Protection
Agency office that serves the state;"
Page 2, following line 10:
Insert new material to read:
"WHEREAS the United States Environmental
Protection Agency office that serves the state is
located in Seattle, Washington, which is 1,448 miles
away from Anchorage, the state's largest city; and"
Page 2, following line 27:
Insert new material to read:
"FURTHER RESOLVED that the Alaska State
Legislature supports federal funding for the United
States Environmental Protection Agency office that
serves the state to be located in the state; and be
it"
3:47:24 PM
CO-CHAIR GIESSEL objected for purposes of discussion.
SENATOR WIELECHOWSKI qualified that he was offering the
amendment for Senator Claman who was presenting a bill in
another committee. He read Amendment 1 and suggested the
department articulate its position on the amendment.
CO-CHAIR GIESSEL asked Mr. Bates to comment on Amendment 1.
3:48:11 PM
MR. BATES stated that DEC doesn't object to Amendment 1, but
believes that it may be redundant as there already is a district
office in the federal building in Anchorage for EPA. It is
staffed by Region 10, which includes Alaska, Washington, Oregon,
and Idaho and that office interacts with Washington DC on a
regular basis. He also noted that at one time there was a
district office for EPA in the federal building in the capital
[city].
3:49:00 PM
SENATOR DUNBAR asked whether the EPA office for Alaska was ever
located in Seattle.
MR. BATES said he wasn't aware of a district office that was
outside the state, but there is a significant Region 10 EPA
office in Seattle and DEC works with that office regularly.
CO-CHAIR BISHOP asked him to clarify that the EPA district
office was in the federal building in the Capital City of
Juneau, not the state capitol building in Juneau.
MR. BATES said that's correct; EPA district offices are located
in federal buildings.
SENATOR WIELECHOWSKI asked how many EPA employees were in the
Anchorage district office.
3:50:23 PM
MR. BATES said he didn't know the exact number but he was aware
of several attorneys, some staff, and some higher-level
positions that were counters to his supervisor.
SENATOR WIELECHOWSKI asked what percentage of the work is being
done in Anchorage as opposed to Seattle.
MR. BATES said he didn't know but he would follow up with EPA
and provide an answer.
3:51:01 PM
SENATOR WIELECHOWSKI withdrew Amendment 1 and asked Mr. Bates to
provide a response as quickly as possible.
CO-CHAIR GIESSEL stated that Amendment 1 has been withdrawn.
3:51:30 PM
SENATOR KAWASAKI asked what the impact has been on the general
fund since the state assumed the Section 402 program about 12
years ago.
3:52:04 PM
MR. BATES said the Section 402 program for wastewater discharge
permitting was implemented in phases from 2008 through 2012. The
state currently receives about $2.6 million in federal support
and the state has been providing about $1.5 million from the
general fund, which is a little more than the required 25
percent match, and the permit fees bring another $1.5 million.
In total, the 402 program operates on about $5.5 million.
DEC estimates that the funding for the 404 program will be $4.9
million in FY2024 and $4.7 million in subsequent years. This
includes 32 staff. Current funding for the 404 program would
come from the general fund (GF) and the resolution requests
federal funding to offset some of the GF. Building the permit
fees into the 404 program will offset the general fund
requirement much like it currently does in the 402 program.
3:53:59 PM
At ease
3:54:09 PM
CO-CHAIR GIESSEL reconvened the meeting. Finding no further
questions, she solicited a motion.
3:54:19 PM
CO-CHAIR BISHOP moved to report SJR 12, work order 33-LS0846\A,
from committee with individual recommendations and attached zero
fiscal note.
3:54:33 PM
CO-CHAIR GIESSEL found no objection and SJR 12 was reported from
the Senate Resources Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SJR 12 Sponsor Statement v A 05.12.23.pdf |
SRES 5/12/2023 3:30:00 PM |
SJR 12 |
| SJR 12 Support Document - DEC 404 FAQ.pdf |
SRES 5/12/2023 3:30:00 PM |
SJR 12 |
| SJR 12 Support Document - DEC 404 Assumption Cheat Sheet.pdf |
SRES 5/12/2023 3:30:00 PM |
SJR 12 |
| SJR 12 Fiscal Note 05.12.23.pdf |
SRES 5/12/2023 3:30:00 PM |
SJR 12 |
| HB 104 CS WORKDRAFT Version D 05.12.23.pdf |
SRES 5/12/2023 3:30:00 PM |
HB 104 |
| SJR 12 Amendment #1.pdf |
SRES 5/12/2023 3:30:00 PM |
SJR 12 |
| HB 104 Explanation of Changes Ver. U.A to Ver. D 05.12.23.pdf |
SRES 5/12/2023 3:30:00 PM |
HB 104 |