Legislature(2011 - 2012)HOUSE FINANCE 519

04/04/2012 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 289 LIQ. NAT. GAS STORAGE: TAX CREDIT/LEASE TELECONFERENCED
<Bill Hearing Canceled>
+ HB 255 READING OR TYPING MESSAGE WHILE DRIVING TELECONFERENCED
Moved CSHB 255(JUD) Out of Committee
+ HB 294 POWER COST EQUALIZATION TELECONFERENCED
Heard & Held
+ HB 365 AQUATIC INVASIVE SPECIES TELECONFERENCED
Heard & Held
+ HB 212 PROVISIONAL DRIVER'S LICENSE STICKER TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 190 PFD ALLOWABLE ABSENCE TELECONFERENCED
Moved CSSSHB 190(FIN) Out of Committee
HOUSE BILL NO. 365                                                                                                            
                                                                                                                                
"An Act relating  to the rapid response to,  and control of,                                                                    
aquatic invasive species."                                                                                                      
                                                                                                                                
Vice-chair  Fairclough  MOVED  to ADOPT  proposed  committee                                                                    
substitute  for HB  365(RES), Work  Draft  27-LS1439\M as  a                                                                    
working document.                                                                                                               
Representative   Guttenberg   OBJECTED    for   purpose   of                                                                    
discussion.                                                                                                                     
                                                                                                                                
REPRESENTATIVE   PAUL  SEATON   testified  that   the  House                                                                    
Resources  version of  the bill  changed  the term  "aquatic                                                                    
invasive species" to "marine  aquatic invasive species". The                                                                    
change had been  made to make the drawing  of response plans                                                                    
easier for the Department of Fish and Game (DF&G).                                                                              
                                                                                                                                
Co-Chair  Stoltze  recalled  that  during  past  discussions                                                                    
concerning invasive  plants an  effort had  been made  to be                                                                    
inclusive of the fishing industry.  He questioned the reason                                                                    
for the inclusivity.                                                                                                            
                                                                                                                                
Representative   Guttenberg  relayed   that  the   issue  of                                                                    
invasive species ran  statewide, and that one  body of water                                                                    
[salt versus fresh] was not more important than another.                                                                        
                                                                                                                                
Representative  Seaton replied  that  no  priority had  been                                                                    
intended  either way.  He  said that  the  intention of  the                                                                    
legislation was to provide a  way for departments to respond                                                                    
quickly  to  an  emergency  situation  triggered  by  a  new                                                                    
invasion.                                                                                                                       
                                                                                                                                
Representative Guttenberg  felt that the ability  to respond                                                                    
rapidly was  a necessity for  both lakes and salt  water. He                                                                    
suggested that  some invasive species  could make  their way                                                                    
into  the water  by way  of pet  shops. He  added that  some                                                                    
invaders could be  brought to marine waters by  way of fresh                                                                    
water.                                                                                                                          
                                                                                                                                
Representative  Guttenberg  WITHDREW  his  OBJECTION.  There                                                                    
being NO further OBJECTION it was so ordered.                                                                                   
                                                                                                                                
1:59:23 PM                                                                                                                    
                                                                                                                                
Representative   Costello   expressed    concern   for   the                                                                    
particular area of Sand Lake, which was a fresh water lake.                                                                     
                                                                                                                                
Representative  Seaton shared  that the  Department of  Fish                                                                    
and Game  (DF&G) had indicated  that the word  "aquatic" was                                                                    
too broad a term. The  understanding was that the bill would                                                                    
not make  it through  the legislative  process using  such a                                                                    
general  term.  He stated  that  the  decision was  made  to                                                                    
concentrate on  marine waters. He relayed  that he supported                                                                    
the  eradication of  invasive species  throughout the  state                                                                    
and maintained no objection to broadening the language to                                                                       
include aquatics, provided  it did not require  DF&G to draw                                                                    
up an  emergency plan for  every stream and lake  in Alaska.                                                                    
He  reiterated  that the  intent  was  to examine  emergency                                                                    
situations in limited geographic  areas where response could                                                                    
be  swift and  successful.  He furthered  that an  emergency                                                                    
situation, involving  the contamination  of an  entire river                                                                    
system, would  require an extended amount  of response time.                                                                    
He  asserted that  the legislation  was intended  to provide                                                                    
rapid response to emergency situations in a limited area.                                                                       
                                                                                                                                
Representative  Costello  commented  that her  district  had                                                                    
been dealing  with safety issues  related to Sand  Lake. She                                                                    
understood that  there were  many ways  to go  about solving                                                                    
the Sand Lake problem; her  approach was to submit a capital                                                                    
budget request.                                                                                                                 
                                                                                                                                
2:04:36 PM                                                                                                                    
                                                                                                                                
Representative  Neuman  testified  that his  region  of  the                                                                    
Susitna  River  Valley  was   experiencing  a  problem  with                                                                    
Northern   Pike.  The   invasive   species  had   devastated                                                                    
tributaries  at Alexander  Creek, which  negatively affected                                                                    
the  salmon  population. He  highlighted  that  the loss  of                                                                    
salmon supply for commercial and  sport fishing would have a                                                                    
negative  effect on  the economy.  He  wondered if  language                                                                    
could  be  written  into  the   bill  that  would  speak  to                                                                    
responding to the problem of Northern Pike.                                                                                     
                                                                                                                                
Representative  Seaton explained  that  the  purpose of  the                                                                    
legislation was  to provide DF&G  with the tools  to perform                                                                    
an emergency  eradication in a  limited geographic  area. He                                                                    
said that  the eradication  of Northern  Pike in  the entire                                                                    
Susitna drainage  could harm  other species  of fish  in the                                                                    
water. He  relayed that the  tools already being  used under                                                                    
the  invasive   species  plan  were  meant   for  long-range                                                                    
planning. He reiterated that the  purpose of the bill was to                                                                    
deal  with  a new  invasive  species  in  a small  area.  He                                                                    
assured  the  committee  that  the   debate  was  not  about                                                                    
saltwater  species being  more  important  than fresh  water                                                                    
species,  but  stressed  there   were  different  ways  that                                                                    
endemic  infestations  were   handled  versus  an  emergency                                                                    
reaction to a new invasion  in a limited geographic area. He                                                                    
furthered  that the  bill  would give  DF&G  the ability  to                                                                    
allow for  the sacrifice of  management of one species  in a                                                                    
limited  geographic  area  in order  to  eradicate  any  new                                                                    
invasive species.                                                                                                               
                                                                                                                                
2:10:16 PM                                                                                                                    
                                                                                                                                
Representative  Neuman noted  that the  bill would  create a                                                                    
plan for salt  water. He said that in the  case of Alexander                                                                    
Creek, the  Northern Pike could be  specifically targeted in                                                                    
early spring  because there  were no  salmon species  yet in                                                                    
the  tributaries  large enough  to  be  caught in  nets.  He                                                                    
argued  that  this  was  exactly  what  the  department  was                                                                    
already  doing in  the marine  aquatic  areas; developing  a                                                                    
long-term plan that would eradicate  the invasive species in                                                                    
order  to  save  fisheries  important  to  the  economy.  He                                                                    
believed that the long-term plan  should be written into the                                                                    
legislation.                                                                                                                    
                                                                                                                                
Representative Seaton agreed  with Representative Neuman. He                                                                    
added  that there  was  a long-term  plan  to target  longer                                                                    
periods of time. He restated  that the intention of the bill                                                                    
was to give the  emergency authority to eliminate everything                                                                    
in a  limited geographic  area in order  to eradicate  a new                                                                    
invasive species before it spread to rest of the state.                                                                         
                                                                                                                                
Representative  Neuman hoped  to discuss  the issue  further                                                                    
with the department.                                                                                                            
                                                                                                                                
Co-Chair Thomas cited sub-section (f):                                                                                          
                                                                                                                                
     "In  this section,  "marine  aquatic invasive  species"                                                                    
     means an  organism introduced to a  marine ecosystem to                                                                    
     which it  is not native and  whose introduction causes,                                                                    
     or is  likely to cause, economic  or environmental harm                                                                    
     or harm to human health."                                                                                                  
                                                                                                                                
Representative  Neuman felt  that further  clarification was                                                                    
necessary.                                                                                                                      
                                                                                                                                
Representative Seaton  clarified that the term  "marine" was                                                                    
generally applied  to salt  water. He  said that  both fresh                                                                    
and salt water could be addressed in the legislation.                                                                           
                                                                                                                                
2:15:09 PM                                                                                                                    
                                                                                                                                
Representative  Wilson  questioned  if any  projections  had                                                                    
been  made of  how  handling  small areas  at  a time  could                                                                    
benefit the state financially.                                                                                                  
                                                                                                                                
Representative  Seaton   replied  there  was   currently  an                                                                    
invasive species  council that focused on  long-range plans,                                                                    
but that the  legislation was intended to  provide the tools                                                                    
to make  the immediate  eradication of new  invasive species                                                                    
possible.  He  stressed  his   desire  to  ensure  emergency                                                                    
response capability for the department.                                                                                         
                                                                                                                                
Representative Wilson  understood that the bill  contained a                                                                    
plan for solely salt water,  which had resulted in a smaller                                                                    
fiscal note.                                                                                                                    
                                                                                                                                
Representative  Seaton replied  that  that  was correct.  He                                                                    
said that according to the  department the lake systems were                                                                    
so different that  the plans to develop each  one would have                                                                    
taken over ten years.                                                                                                           
                                                                                                                                
Co-Chair Thomas  understood that the department  was seeking                                                                    
the  ability to  actively respond  to an  infestation rather                                                                    
than spending $20 million on a written plan.                                                                                    
                                                                                                                                
2:18:43 PM                                                                                                                    
                                                                                                                                
Representative  Gara  shared Representative  Neuman  concern                                                                    
for fresh water. He expressed  concern that the bill was not                                                                    
tailored to deal with fresh  water issues. He pointed out to                                                                    
the committee  that the implementation of  an emergency kill                                                                    
of  Northern  Pike  could  risk the  health  of  many  other                                                                    
species of fish. He stated that  he did not believe that the                                                                    
legislation  was  worded in  a  way  that would  effectively                                                                    
protect fresh water.                                                                                                            
                                                                                                                                
Co-Chair Thomas  said that the  other body put in  a request                                                                    
in the  FY13 Operating Budget  to increase money in  for the                                                                    
problem of Northern Pike.                                                                                                       
                                                                                                                                
Vice-chair   Fairclough  shared   that  the   House  Finance                                                                    
Committee  had  changed more  than  sub-section  (f) of  the                                                                    
original legislation.  She suggested that  committee members                                                                    
familiarize   themselves  with   the  changes   between  the                                                                    
original document and the one  that was currently before the                                                                    
committee.                                                                                                                      
                                                                                                                                
MARLENE   CAMPBELL,  CITY   AND   BOROUGH   OF  SITKA   (via                                                                    
teleconference) voiced  support for the bill.  She testified                                                                    
that  an invasive  species identified  in 2010,  had rapidly                                                                    
had spread.  She said that DF&G  had done a dive  survey and                                                                    
had  mapped  the infestation,  which  had  been confined  to                                                                    
Whitening  Harbor until  the movement  of  aqua farm  pieces                                                                    
into Sitka Sound. She feared  that the spread of the species                                                                    
could potentially  eradicate all other species,  which would                                                                    
have a negative impact on  Sitka fisheries. She relayed that                                                                    
there was  wide support in  the community to hire  an expert                                                                    
environmental  firm to  contain and  eradicate the  invader.                                                                    
She  stressed  that  Sitka  had  5  harbors  that  generated                                                                    
approximately  $140 million  in commercial  fisheries monies                                                                    
per  year. Additionally,  10 percent  of Sitka's  population                                                                    
was  directly involved  in the  sea  industry, and  indirect                                                                    
impact was nearly  50 percent. She concluded  that the issue                                                                    
was  of  grave  importance  to the  future  if  the  fishing                                                                    
industry and urged the timely passage of the legislation.                                                                       
                                                                                                                                
2:26:49 PM                                                                                                                    
                                                                                                                                
KIM ELLIOTT, SITKA (via  teleconference), voiced support for                                                                    
the  bill. She  voiced concern  that the  issue of  invasive                                                                    
species in  Alaska be addressed immediately,  beyond talking                                                                    
at the table. She feared  that the invasive species in Sitka                                                                    
Sound  would  spread  to  affect  the  herring  and  scallop                                                                    
populations.                                                                                                                    
                                                                                                                                
2:28:54 PM                                                                                                                    
                                                                                                                                
Co-Chair Thomas CLOSED public testimony.                                                                                        
                                                                                                                                
HB  365  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
2:29:34 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:37:45 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HB 255 Teen Texting Before Fatal Crash 2.10.12.pdf HFIN 4/4/2012 1:30:00 PM
HB 255
HB 255 Sponsor Statement.pdf HFIN 4/4/2012 1:30:00 PM
HB 255
HB 255 Sectional Analysis.pdf HFIN 4/4/2012 1:30:00 PM
HB 255
HB 255 NCSL Texting Law by State.pdf HFIN 4/4/2012 1:30:00 PM
HB 255
HB 255 NCSL Legisbrief Addressing Distracted Driving.pdf HFIN 4/4/2012 1:30:00 PM
HB 255
HB 255 Letter of Support - State Farm.pdf HFIN 4/4/2012 1:30:00 PM
HB 255
HB 255 Letter of Support - Anchorage Fire Department.pdf HFIN 4/4/2012 1:30:00 PM
HB 255
HB 255 AS 28.35.161.pdf HFIN 4/4/2012 1:30:00 PM
HB 255
HB 255 12.27.11 News Miner Editorial.pdf HFIN 4/4/2012 1:30:00 PM
HB 255
HB 255 12.22.11 KTUU article.pdf HFIN 4/4/2012 1:30:00 PM
HB 255
HB 255 12.9.11 ADN article fatal hit-and-run.pdf HFIN 4/4/2012 1:30:00 PM
HB 255
HB 255 1.10.12 Empire Opinion.pdf HFIN 4/4/2012 1:30:00 PM
HB 255
HB 255 1.26.11 Newsminer Head-on Crash.pdf HFIN 4/4/2012 1:30:00 PM
HB 255
HB294 Support Letters.pdf HFIN 4/4/2012 1:30:00 PM
HB 294
HB294 Endowment Projections.pdf HFIN 4/4/2012 1:30:00 PM
HB 294
HB 294 - 11 PCE_Report_Gov_Blue_ribbon_2-1-991.pdf HFIN 4/4/2012 1:30:00 PM
HB 294
HB 294 - 10 Leg Research 09 200.pdf HFIN 4/4/2012 1:30:00 PM
HB 294
HB 294 - 09 Leg Research 06 016.pdf HFIN 4/4/2012 1:30:00 PM
HB 294
HB 294 - 08 Leg Research 00 022.pdf HFIN 4/4/2012 1:30:00 PM
HB 294
HB 294 - 07 Leg Research 99 086.pdf HFIN 4/4/2012 1:30:00 PM
HB 294
HB 294 - 05 Existing PCE Statutes.pdf HFIN 4/4/2012 1:30:00 PM
HB 294
HB 294 - 03 PCE Endowment Existing Statutes.pdf HFIN 4/4/2012 1:30:00 PM
HB 294
CSHB294 (ENE) Sponsor Statement (1).pdf HFIN 4/4/2012 1:30:00 PM
HB 294
HB 365 Support Letters.pdf HFIN 4/4/2012 1:30:00 PM
HB 365
HB 365 Sponsor Statement.docx HFIN 4/4/2012 1:30:00 PM
HB 365
HB 365 explanation of changes between versions.docx HFIN 4/4/2012 1:30:00 PM
HB 365
Dvex Presentation by UAS 1 23 12.pdf HFIN 4/4/2012 1:30:00 PM
HB 365
CSG Capitol Ideas feature article on Aquatic Invasive Species.pdf HFIN 4/4/2012 1:30:00 PM
HB 365
HB 255 Summary of Changes from HB 255 to CSHB 255(JUD).pdf HFIN 4/4/2012 1:30:00 PM
HB 255
HB 255 Letter of Support - Alaska Association of Chiefs of Police.pdf HFIN 4/4/2012 1:30:00 PM
HB 255
HB 212 Sponsor Statement.pdf HFIN 4/4/2012 1:30:00 PM
HB 212
HB 212 PowerPoint Jessica Luiken.pdf HFIN 4/4/2012 1:30:00 PM
HB 212
HB 212 Explanation of Changes 04032012.pdf HFIN 4/4/2012 1:30:00 PM
HB 212
HB255 06.25.09 Article - Texting And Driving Worse Than Drinking and Driving.docx HFIN 4/4/2012 1:30:00 PM
HB 255
HB365 Amendment 1 Edgemon.pdf HFIN 4/4/2012 1:30:00 PM
HB 365