Legislature(1999 - 2000)

04/18/2000 02:45 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
CS FOR SENATE BILL NO. 212(FIN) am                                                                                              
                                                                                                                                
An Act authorizing the commissioner of fish and game,                                                                           
with the concurrence of the Board of Fisheries or the                                                                           
Board of Game, to award grants for habitat restoration,                                                                         
access, or enhancement projects; and providing for an                                                                           
effective date.                                                                                                                 
                                                                                                                                
KEN TAYLOR, DIRECTOR, DIVISION OF HABITAT AND REFORESTATION,                                                                    
DEPARTMENT OF FISH AND GAME, stated that the bill would                                                                         
authorize the Commissioner of the Department to award grants                                                                    
for certain resource activities.                                                                                                
                                                                                                                                
Under the bill, the Commissioner would have express                                                                             
authority to directly award grants that serve core missions                                                                     
of the Department, protecting, maintaining and improving                                                                        
public access to fish, game and habitat resources of Alaska.                                                                    
Current law necessitates the Department to channel money                                                                        
through other agencies which cause delay and add                                                                                
considerable administrative costs.                                                                                              
                                                                                                                                
Mr. Taylor added that an increasing amount of federal funds                                                                     
are available to restore fish habitat and passage.  The                                                                         
legislation represents a cost-effective way to continue                                                                         
efforts on private and public land to rehabilitate                                                                              
riverbanks, protect fish streams and enhance access to these                                                                    
areas.                                                                                                                          
                                                                                                                                
Vice Chair Bunde asked for further explanation of Line 10,                                                                      
the "concurrence by the Board of Fisheries or the Board of                                                                      
Game".  Mr. Taylor replied that during review in the Senate                                                                     
Resources Committee, language was amended to provide for the                                                                    
concurrence of those entities.  Most of the programs would                                                                      
be targeting salmon restoration activities.                                                                                     
                                                                                                                                
Mr. Taylor explained the process.  The State program would                                                                      
come to the Legislatture with a capital request for the                                                                         
item.  If the Legislature denied it, the funding would not                                                                      
be made available; however, if it were approved, they would                                                                     
go to the Board of Fisheries to determine if they approved                                                                      
of the plan.  Vice Chair Bunde pointed out that they give                                                                       
the Board of Fisheries veto power.  Mr. Taylor agreed.                                                                          
                                                                                                                                
Representative Phillips questioned why the language                                                                             
insinuated that this practice had been standard in the past.                                                                    
Mr. Taylor explained that it had not been a standard                                                                            
practice and that there had been a separation between the                                                                       
fiscal powers of the Department and the Board.  It is a                                                                         
deviation from standard practice.                                                                                               
                                                                                                                                
Representative Phillips stated that the Legislature does not                                                                    
have the power to designate appropriation authority to                                                                          
anyone else.  She MOVED a conceptual amendment, deleting                                                                        
language on Line 10.  Vice Chair Bunde OBJECTED for                                                                             
discussion purposes.                                                                                                            
                                                                                                                                
Representative Austerman asked why the legislation was                                                                          
before the Committee.  Mr. Taylor advised that in the past,                                                                     
there were Exxon Valdez oil spill (EVOS) criminal settlement                                                                    
funds, which were appropriated through the Senate Capital                                                                       
Improvement Project (CIP) to the Department for restoration                                                                     
activities.  The funds could not be granted directly to                                                                         
private landowners to do that work and were handled through                                                                     
a cooperative agreement with a federal agency.  That process                                                                    
was cumbersome.  The State did all the work and then the                                                                        
credit went to federal agencies.  Many decisions were placed                                                                    
in the federal agencies.                                                                                                        
                                                                                                                                
Representative Austerman understood that some of the                                                                            
concerns were about access. He noted the title.  Mr. Taylor                                                                     
replied that the bill was amended on the Senate floor to                                                                        
include "access" as a project category that federal receipts                                                                    
would be applied towards.  He stated that the receipts,                                                                         
which were going to be available, would be for habitat                                                                          
restoration and enhancement.  Mr. Taylor noted that he did                                                                      
not envision many federal receipts available for purchasing                                                                     
access.                                                                                                                         
                                                                                                                                
Representative Grussendorf asked what would occur if the                                                                        
legislation did not pass.  Mr. Taylor replied that the                                                                          
Department would continue to be partners with federal                                                                           
agencies to funnel money in order to get people the grants.                                                                     
Representative Grussendorf asked if they would actually have                                                                    
veto power.  Mr. Taylor explained that there had been an                                                                        
amendment proposed by the Senate Resources Committee.                                                                           
                                                                                                                                
Representative Phillips MOVED the amendment which would                                                                         
remove Line 1 from the title, "with the concurrence of the                                                                      
Board of Fisheries or the Board of Game" and Line 9, "The                                                                       
award of a grant under this section is subject to                                                                               
concurrence by the Board of Fisheries or the Board of Game,                                                                     
whichever is appropriate."  There being NO OBJECTION,                                                                           
Amendment #1 was adopted.                                                                                                       
                                                                                                                                
Representative J. Davies MOVED that the appropriate title                                                                       
resolution be drafted to accompany the legislation.                                                                             
Representative Grussendorf again asked the Department's                                                                         
intent with passage of the legislation.  Mr. Taylor                                                                             
responded that the Department was attempting to gain better                                                                     
administrative efficiency.  There being NO OBJECTION, the                                                                       
title change was so ordered.                                                                                                    
                                                                                                                                
Representative Austerman reiterated his concern regarding                                                                       
the access.  Mr. Taylor explained that the access had been                                                                      
included by an amendment proposed on the Senate floor as a                                                                      
category of activities that federal receipts could be used                                                                      
for granting mechanisms.  Mr. Taylor did not envision any                                                                       
receipts, which the Department would be able to spend in                                                                        
that manner.                                                                                                                    
                                                                                                                                
Discussion followed regarding access concerns.                                                                                  
Representative Phillips questioned if it had been added as a                                                                    
result of the EVOS monies.  She suggested that the language                                                                     
be removed.                                                                                                                     
                                                                                                                                
Representative Austerman MOVED to remove "access" on Lines                                                                      
Davies pointed out that it would not cause a problem for the                                                                    
Department, however, it could provide a problem for the                                                                         
legislation.  Representative G. Davis voiced his objection                                                                      
to the amendment also.  Representative Austerman WITHDREW                                                                       
the MOTION to adopt the amendment.                                                                                              
                                                                                                                                
Representative Foster MOVED to report HCS CS SB 212 (FIN)                                                                       
out of Committee with individual recommendations and with a                                                                     
fiscal note by the Department of Fish and Game dated                                                                            
1/21/00.  There being NO OBJECTION, it was so ordered.                                                                          
                                                                                                                                
HCS CS SB 212 (FIN) was reported out of Committee with a "do                                                                    
pass" recommendation and with a fiscal note by Department of                                                                    
Fish and Game dated 1/21/00.                                                                                                    

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