Legislature(2011 - 2012)HOUSE FINANCE 519

04/05/2012 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 2:40 pm Today --
+= HB 286 G.O. BONDS FOR PORTS TELECONFERENCED
<Bill Hearing Postponed>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 290 ESTABLISH ENDOW ALASKA GRANT PROGRAM TELECONFERENCED
Moved CSHB 290(FIN) Out of Committee
+= HB 312 NATURAL GAS CONVERSION PROGRAM/FUND TELECONFERENCED
Moved CSHB 312(FIN) Out of Committee
<Bill Held Over from 4/4/12>
+= HB 365 AQUATIC INVASIVE SPECIES TELECONFERENCED
Moved CSHB 365(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,  Work  Draft  27-LS1439\B  (Bullard,                                                                   
4/5/12).                                                                                                                        
                                                                                                                                
Co-Chair Stoltze OBJECTED for discussion.                                                                                       
                                                                                                                                
JOE  MICHEL, STAFF,  REPRESENTATIVE  BILL STOLTZE,  explained                                                                   
the  changes  included  in  the CS.  The  word  "marine"  was                                                                   
removed  from "marine  aquatic  invasive species"  throughout                                                                   
the legislation.                                                                                                                
                                                                                                                                
Mr.  Michel observed  that the  committee substitute  removed                                                                   
the language in section (f) CSHB 365(RES):                                                                                      
                                                                                                                                
     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."                                                                                                  
                                                                                                                                
Mr. Michel  explained that  the above  language was  replaced                                                                   
with the original section (f) as contained in HB 365:                                                                           
                                                                                                                                
     (f)  In  this section, "aquatic invasive  species" means                                                                   
     an  organism  introduced   to  a  marine  or  freshwater                                                                   
     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.                                                                             
                                                                                                                                
Mr. Michel noted  that the committee substitute  also added a                                                                   
new section G:                                                                                                                  
                                                                                                                                
     In  this section,  "aquatic invasive  species" means  an                                                                   
     organism   introduced   to   a  marine   or   freshwater                                                                   
     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.                                                                             
                                                                                                                                
Mr.  Michel   clarified  that   the  changes  were   made  in                                                                   
consultation with the Department of Fish and Game.                                                                              
                                                                                                                                
Co-Chair  Stoltze  WITHDREW  his OBJECTION.  There  being  NO                                                                   
further OBJECTION, Work Draft 27-LS1439\B was ADOPTED.                                                                          
                                                                                                                                
REPRESENTATIVE  PAUL SEATON,  SPONSOR,  spoke  in support  of                                                                   
the  legislation  and observed  that  HB 365  provided  rapid                                                                   
response  to prevent  infestations of  invasive species  from                                                                   
spreading. The  bill allowed  the department to  aggressively                                                                   
target new invasive species.                                                                                                    
                                                                                                                                
2:53:27 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stoltze  expressed   the  committee's  support  for                                                                   
expansion of the legislation reflected in the CS.                                                                               
                                                                                                                                
BEN  MULLIGAN,  SPECIAL  ASSISTANT, DEPARTMENT  OF  FISH  AND                                                                   
GAME,   explained  that   the   inclusion   of  fresh   water                                                                   
ecosystems  would not  diminish the  department's ability  to                                                                   
perform marine ecosystem mitigation.                                                                                            
                                                                                                                                
Representative  Gara asked for  a letter from  the Department                                                                   
of  Fish and  Game (DFG)  to address  his  concern. He  cited                                                                   
Page 2, Subsection (f) of the CS:                                                                                               
                                                                                                                                
      (f)  In responding  under (b)  of this  section to  the                                                                   
     occurrence of  freshwater aquatic invasive  species, the                                                                   
     department  shall  respond  in a  manner  determined  to                                                                   
     cause  the  least  harm  to  noninvasive  resident  fish                                                                   
     populations  in  that  limited  or  isolated  geographic                                                                   
     area  that  are  used for  recreational,  personal  use,                                                                   
     commercial, or subsistence purposes.                                                                                       
                                                                                                                                
Representative  Gara worried  that  the language  "compelled"                                                                   
the  department's use  of chemical  eradication  even if  the                                                                   
harm outweighed  the benefit. Mr. Mulligan observed  that the                                                                   
section of the  bill that related to the response  plan [Page                                                                   
1, Subsection  (b)] used  the word  "may." He concluded  that                                                                   
the  department  was  not forced  into  using  chemicals.  He                                                                   
indicated  that Subsection  (f)  directed  the department  to                                                                   
consider the  appropriate response. He exemplified  Alexander                                                                   
Creek;  a   location  DFG   was  currently  performing   Pike                                                                   
eradication.  In an effort  to rebound  the resident  Chinook                                                                   
and  Coho  salmon population  the  department  employed  non-                                                                   
chemical methods to eradicate the Pike.                                                                                         
                                                                                                                                
Representative   Gara   understood    the   intent   of   the                                                                   
legislation but  wanted assurances that the  department would                                                                   
not feel "compelled" to employ chemical measures.                                                                               
Representative  Joule thought that  the language  allowed the                                                                   
department to "scale back" use.                                                                                                 
                                                                                                                                
Representative Seaton  clarified that Subsection  (f) related                                                                   
only to  fresh water aquatic  invasive species. He  noted the                                                                   
language directed  DFG to employ the method  that caused "the                                                                   
least amount of harm." He cited Subsection (d):                                                                                 
                                                                                                                                
      (d) Rapid  response to,  and management of,  an aquatic                                                                   
     invasive  species in  a limited  or isolated  geographic                                                                   
     area under  (b) of this section shall be  given priority                                                                   
     over  activities  regulated by  the  department in  that                                                                   
     limited or isolated geographic area.                                                                                       
                                                                                                                                
Representative Seaton  further clarified that  Subsection (d)                                                                   
granted  rapid response  of invasive  species  a priority  in                                                                   
marine   or    freshwater   ecosystems.   He    stated   that                                                                   
establishing the priority was the intent of the CS.                                                                             
                                                                                                                                
2:57:57 PM                                                                                                                    
                                                                                                                                
Co-Chair Thomas  asked whether  the use  of felt waders  were                                                                   
prohibited.  Mr.  Mulligan  affirmed and  reported  that  the                                                                   
prohibition was  in response to concerns of  whirling disease                                                                   
migrating  to Alaska. He  added that  the department  engaged                                                                   
in outreach to notify the public.                                                                                               
                                                                                                                                
Co-Chair  Stoltze MOVED  to ADOPT Amendment  1, sponsored  by                                                                   
all members of the House Finance Committee.                                                                                     
                                                                                                                                
     Amendment 1                                                                                                                
                                                                                                                                
     Page   1  line  8   delete  [in   limited  or   isolated                                                                   
     geographic  areas.]  Page  1  line  13  &14  delete  [in                                                                   
     limited or isolated  area] Page 2 line 3 &  4 delete [in                                                                   
     a limited or  isolated geographic area] Page  2 line 9 &                                                                   
     10  delete [in a  limited or  isolated geographic  area]                                                                   
     Page  2  line  17  delete  [in  a  limited  or  isolated                                                                   
     geographic area] Page 2 line 20 delete [resident]                                                                          
                                                                                                                                
Co-Chair Thomas OBJECTED for discussion.                                                                                        
                                                                                                                                
Mr. Mulligan  spoke to the  amendment. He explained  that the                                                                   
amendment  granted  the  department more  leeway  for  future                                                                   
planning.   After  discussions   with   DFG   staff  it   was                                                                   
determined  that  the  language  "in a  limited  or  isolated                                                                   
geographic  area" was  limiting.  Sometimes invasive  species                                                                   
such as  Pike, resided in drainages  or other types  of water                                                                   
bodies. In  developing a mitigation  plan elimination  of the                                                                   
language  allowed  the department  to  broaden  the scope  to                                                                   
include areas such  as drainages. Planning would  still occur                                                                   
in geographically isolated areas, e.g., lakes.                                                                                  
                                                                                                                                
Co-Chair  Stoltze  interjected   that  the  deletion  of  the                                                                   
language  kept  the possibilities  open  for  future  private                                                                   
foundation funding,  federal receipts,  and money  from other                                                                   
sources  that  the  department  might qualify  for  with  the                                                                   
broader definition.  Mr. Mulligan  affirmed. In addition,  he                                                                   
confirmed  with  the  attorney   general  that  DFG  and  the                                                                   
Department  of Natural  Resources  (DNR)  were held  harmless                                                                   
for  rapid response  occurrences  in mariculture  sites  with                                                                   
regard to the elimination of the language.                                                                                      
                                                                                                                                
Mr.  Mulligan  related   that  the  deletion  of   the  word,                                                                   
"resident"  in  Subsection  (f),  in amendment  1,  left  the                                                                   
phrase  "noninvasive fish  population."  The phrase  included                                                                   
the anadromous  fish population  e.g.,  salmon and  steelhead                                                                 
and broadened the provision.                                                                                                    
                                                                                                                                
Co-Chair  Thomas  WITHDREW  his  OBJECTION.  There  being  NO                                                                   
further OBJECTION, Amendment 1 was adopted.                                                                                     
                                                                                                                                
3:02:39 PM                                                                                                                    
                                                                                                                                
Representative   Seaton  reiterated   his  support   for  the                                                                   
amendment and the CS version of the legislation.                                                                                
                                                                                                                                
Vice-chair  Fairclough   discussed  the  fiscal   notes.  She                                                                   
observed  that there  were  two indeterminate  fiscal  notes.                                                                   
Co-Chair Stoltze  expressed support for supplemental  funding                                                                   
if necessary.  He wanted the  department to have  the ability                                                                   
to react to a crisis or avert a problem.                                                                                        
                                                                                                                                
Representative  Guttenberg  compared  the funding  to  forest                                                                   
fire fighting and  felt that indeterminate fiscal  notes were                                                                   
appropriate.                                                                                                                    
                                                                                                                                
Mr. Mulligan noted  that existing funds were  used along with                                                                   
outreach to  the federal government  (United States  Fish and                                                                   
Wildlife  Service,  $90,000)  for mitigation  of  a  previous                                                                   
outbreak of Dvex [tunicate Didemnum  vexillum]. Additionally,                                                                   
the department  requested $500,000  in the capital  budget to                                                                   
complete the Dvex eradication.                                                                                                  
                                                                                                                                
Vice-chair  Fairclough  noted  that there  were  five  fiscal                                                                   
notes:  three previously  published  zero  fiscal notes:  FN1                                                                   
(DEC),  FN2  (DEC), FN3  (DHSS)  and  two new  fiscal  impact                                                                   
notes from the  Department of Fish and Game in  the amount of                                                                   
$489.2 thousand  for FY 2013 and  $341.6 thousand in  FY 2014                                                                   
and  the Department  of Natural  Resources in  the amount  of                                                                   
$84.2 thousand for FY 2013 and indeterminate through 2018.                                                                      
                                                                                                                                
3:07:28 PM                                                                                                                    
                                                                                                                                
Mr. Mulligan observed  that the new DFG fiscal  note total of                                                                   
$830,800  saved  the state  money  compared to  the  original                                                                   
fiscal note costing $1.2 million.                                                                                               
                                                                                                                                
Representative Doogan  asked why the new DFG  sport fisheries                                                                   
fiscal note was  indeterminate in the out years  beginning in                                                                   
FY  2015.   Mr.  Mulligan  explained   that  the   out  years                                                                   
expenditures were  indeterminate due to the fact  that it was                                                                   
impossible  to predict  future occurrences  and the costs  to                                                                   
mitigate them.                                                                                                                  
                                                                                                                                
Representative Doogan  surmised that the fiscal  note funding                                                                   
set up the  development of the plan [Invasive  Species Action                                                                   
Plan]  and  did not  fund  a  response  to an  outbreak.  Mr.                                                                   
Mulligan affirmed the statement.                                                                                                
                                                                                                                                
Co-Chair  Thomas  MOVED  to  report   CSHB  365(FIN)  out  of                                                                   
Committee   with    individual   recommendations    and   the                                                                   
accompanying fiscal  notes. There being NO OBJECTION,  it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CSHB  365(FIN)  was REPORTED  out  of  committee with  a  "do                                                                   
pass" recommendation  and  with two new  fiscal impact  notes                                                                   
from the  Department of Fish and  Game and the  Department of                                                                   
Natural  Resources  and  previously   published  zero  fiscal                                                                   
notes: FN1 (DEC), FN2 (DEC), FN3 (DHSS).                                                                                        
                                                                                                                                
3:10:13 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
3:11:36 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HB286 Port MacKenzieHFINapr5b2012.pdf HFIN 4/5/2012 1:30:00 PM
HB 286
CSHB_312_(FIN)_Sponsor_Statement.docx HFIN 4/5/2012 1:30:00 PM
HB 312
HB312 CS WORKDRAFT 27-LS1301-E.pdf HFIN 4/5/2012 1:30:00 PM
HB 312
HB 290 Changes from Version E to Version R.pdf HFIN 4/5/2012 1:30:00 PM
HB 290
HB290 CS WORKDRAFT 27-LS1094-R.pdf HFIN 4/5/2012 1:30:00 PM
HB 290
HB365 CS WORKDRAFT 27-LS1439-B.pdf HFIN 4/5/2012 1:30:00 PM
HB 365
HB365 AMENDMENT 1 NEW.pdf HFIN 4/5/2012 1:30:00 PM
HB 365