Legislature(1995 - 1996)
04/19/1996 08:04 AM House RES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 342 - WATER QUALITY STANDARDS CO-CHAIRMAN GREEN brought forward HB 342 to correct a problem that occurred at the meeting of April 17, 1996. CO-CHAIRMAN GREEN read, "At the last meeting, we considered and reported out of committee, HB 342, an Act relating to water quality. Under debate on that bill, we considered Amendment 6 which added the words, `when site specific information is reasonably known or available' to page 2, line 14. We voted on it, the vote was announced, and I stated that Amendment 6 had passed. Unfortunately, upon further review, I have learned that the vote was not sufficient to carry that amendment." CO-CHAIRMAN GREEN's approach was to rescind action reporting the bill out of committee and to adopt a new committee substitute, Version (K) dated 4/18/96, which incorporated all of the other amendments the committee adopted. He said Amendment 1 which adds the words, "when site specific information is reasonably known or available" will be added at the end of paragraph beginning on page 2, line 16. Number 200 REPRESENTATIVE JOHN DAVIES moved the committee rescind its action of April 17, 1996. REPRESENTATIVE SCOTT OGAN objected for purposes of discussion. REPRESENTATIVE OGAN removed his objection. Hearing no further objection, it was so ordered. Number 270 CO-CHAIRMAN GREEN asked for a motion to adopt the new committee substitute for HB 342, Version K. Number 279 REPRESENTATIVE DAVIES so moved. Number 309 CO-CHAIRMAN GREEN brought forward Amendment 1: Page 2, line 16, at the end of paragraph (4) add: "when site specific information is reasonably known or available" Number 338 REPRESENTATIVE DAVIES moved Amendment 1. CO-CHAIRMAN GREEN objected for the purpose of discussion. Number 370 REPRESENTATIVE DAVIES reminded the chairman that if the amendment was adopted, it should be adopted at the end of line 18, page 2. He further stated the amendment was critical to the fiscal note issue and recalled the department had testified that if the amendment was adopted, it would significantly reduce their workload and allow a zero fiscal note. Number 451 REPRESENTATIVE OGAN wondered, in the absence of Representative Rokeberg, if the sponsor was aware of the action. He recalled the sponsor had testified that this amendment would gut the bill. Number 500 JANICE ADAIR, Director, Division of Environmental Health, Department of Environmental Conservation, participated via teleconference from Anchorage. Advising of conversation with Representative Rokeberg, she asked to clarify the confusion about the effect of the amendment. She said, "The purpose of it is to ensure that the Department of Environmental Conservation does not have to go out and create information about the natural condition of the waterbody. What it is intended to do, is say, `when it is reasonably available or known,' we will use it. Otherwise, we do not have to consider it. It is intended to be a cost saving amendment ... something that we read into it in the first place, was pointed out by the Department of Fish and Game that they did not read it that way. Because of its different interpretations, we thought it prudent to make it clear." Number 561 CO-CHAIRMAN GREEN addressed Representative Rokeberg's concern about a permit request being held up while securing the information. Number 612 MS. ADAIR said the department feels the amendment takes care of that concern. They, too, would not want to hold up the permit while trying to gather up information. That can be costly and time consuming. The amendment states, "only when it is reasonably known or available" will it require the discharge water to meet that natural condition. Number 678 MARILYN CROCKETT, Assistant Director, Alaska Oil & Gas Association, agreed and said, "The heart of the matter in paragraph (4) is the term `natural condition.' If one had information that indicated that the natural condition of the water was extremely filthy, then you would be able to get an exception from the water quality regulations for the standard for that extended sediment condition. If you didn't have that information, if the applicant didn't have it, or the DEC didn't have it, then you would be held then to what the water quality standards say. This is pretty straight forward, I believe." Number 759 REPRESENTATIVE OGAN and the CO-CHAIRMAN GREEN discussed with Ms. Adair various conditions and situations concerning waterbody permits. Number 820 CO-CHAIRMAN GREEN noted the arrival of the bill sponsor, Representative Rokeberg, and proceeded to inform him of committee action in progress. Number 930 REPRESENTATIVE NORMAN ROKEBERG, Sponsor, informed the chairman he was fully aware of the situation and said, "Given the fact that, if these will yield the zero fiscal notes, I am amenable to it." Number 964 MS. ADAIR confirmed that the amendment would zero out both the Department of Environmental Conservation and the Department of Fish and Game fiscal notes. Number 992 CO-CHAIRMAN GREEN asked for a motion to adopt Amendment 1. REPRESENTATIVE DAVIES stated that it was already on the table. CO-CHAIRMAN GREEN asked if there was objection to Amendment 1. REPRESENTATIVE OGAN stated there was an objection to the amendment. CO-CHAIRMAN GREEN removed his objection. Hearing no further objection, Amendment 1 was adopted. Number 1010 CO-CHAIRMAN GREEN referred to the additional amendments submitted by the Department of Environmental Conservation. He understood the amendments had been reviewed and found satisfactory by the Alaska Oil & Gas Association. Number 1067 REPRESENTATIVE ROKEBERG said he also had amendments which he proposed to introduce and expressed his preference that the committee act on his amendments. Number 1132 CO-CHAIRMAN GREEN reiterated that the additional amendments prepared by the Department of Environmental Conservation and were agreeable to the Alaska Oil & Gas Association. MS. CROCKETT confirmed that. Number 1180 REPRESENTATIVE ROKEBERG referred to his proposed amendment "by DEC & AOGA" and said this amendment is the same as Amendment 3 submitted by the DEC, except that it has conforming language. He noted that his amendment goes on to delete the provisions on page 3 about the public hearing process and 30-day notification situation. Number 1232 CO-CHAIRMAN GREEN clarified that he had referred to the DEC amendments but they had not been offered as amendments. He said the first part of the amendment was essentially what had been agreed to between AOGA and the DEC. The last part of the amendment was Representative Rokeberg was now proposing and it had not been reviewed. He noted this would be Amendment 2, and asked Representative Rokeberg to explain remainder of the amendment. Number 1288 REPRESENTATIVE ROKEBERG explained that on page 3, lines 1 and 2, all material was deleted. He said the department testified at the last hearing that the public hearing and the 30-day notice were not in conformance with the Administrative Procedures Act, so it was just being struck. CO-CHAIRMAN GREEN recounted that the proper intent of the amendment is as follows: Page 3, lines 1 and 2: Delete all material and renumber accordingly Page 3, line 3: Delete the reference to insert "(1)" Number 1437 MS. ADAIR thought this was the same amendment that she had discussed with Marilyn Crockett and the amendment on page 1, line 7 would simply be a conforming amendment that had been overlooked. MS. CROCKETT assented. REPRESENTATIVE DAVIES asked the chairman to make sure that Ms. Adair and Ms. Crockett understood the deletion at the top of page 3. MS. CROCKETT understood that on page 3, lines 1 and 2, which are coincidentally, subsections (1) and (2), are eliminated. Line 3 becomes the new subsection (1) beginning with, "make available to the public" and the rest of the section is renumbered. Number 1481 CO-CHAIRMAN GREEN clarified that at the top of the page of Amendment 2, on page 2, line 2, after the word "regulations." Delete: "Promptly, but no later than 12 months, after the effective date of" Number 1494 MS. CROCKETT had understood that was a separate amendment. REPRESENTATIVE DAVIES commented that it was all part of the same amendment and it could be split if she so desired. CO-CHAIRMAN GREEN synthesized the amendment for the committee. Number 1555 MS. ADAIR referred to work draft, page 3, lines 23 and 24, and said that same conforming amendment needed to apply here. REPRESENTATIVE ROKEBERG advised that he had another amendment for that. Number 1575 CO-CHAIRMAN GREEN asked if there was objection to the modified Amendment 2. REPRESENTATIVE ALAN AUSTERMAN advised that the amendment had not been offered. Number 1588 REPRESENTATIVE OGAN moved Amendment 2, as revised. He then referred to the top section of Amendment 2, page 2, line 2, and said he recalled earlier testimony from DEC that they had problems with the language, "Promptly, but no later than 12 months" because federal mandates sometimes take longer than 12 months. Number 1670 MS. ADAIR substantiated that Amendment 2 works better for the department. Number 1691 CO-CHAIRMAN GREEN asked if there was further discussion on Amendment 2, as modified. Hearing no objection, Amendment 2 was adopted. Number 1717 REPRESENTATIVE ROKEBERG offered Amendment 3 stating that it is a conforming amendment, with the addition of one word: Page 2, line 9, after "criteria" Insert: "or regulations" Page 2, line 7, after (b): Delete: "(4)" Insert: "(3)" Page 3, line 23, after (b): Delete: "(4)" Insert: "(3)" Page 3, line 24, after (b): Delete: "(4)" Insert: "(3)" REPRESENTATIVE DAVIES asked to hear from the department. Number 1747 MS. ADAIR felt the amendment would not pose any problem. Number 1770 REPRESENTATIVE ROKEBERG referred to the language on page 2, lines 1 and 2, "federal water quality criteria or regulations." and said it makes it consistent and allows the department to look at their own regulations. Number 1784 REPRESENTATIVE DAVIES commented that the first conforming amendment on page 2, line 7, in Amendment 2, was already done, so it could be struck from Amendment 3. Number 1806 REPRESENTATIVE OGAN moved to adopt Amendment 3. Number 1814 REPRESENTATIVE AUSTERMAN questioned whether the only thing in Amendment 3, was on page 2, line 9. REPRESENTATIVE DAVIES pointed out the conforming amendments listed on page 3. Number 1865 CO-CHAIRMAN GREEN asked if there was objection to Amendment 3, as revised. Hearing no objection, Amendment 3 was adopted. Number 1890 REPRESENTATIVE DAVIES asked to return to the old, original Amendment 2 which had been submitted by the department as follows: Page 2, line 6, conforming amendment Delete: "after the public hearing required" Insert: "following the process" Number 1970 REPRESENTATIVE DAVIES moved the Amendment 4. Number 2007 REPRESENTATIVE ROKEBERG had no objection. Number 2012 CO-CHAIRMAN GREEN asked if there was objection to Amendment 4. Hearing no objection, Amendment 4 was adopted. Number 2037 REPRESENTATIVE DAVIES moved to zero out all fiscal notes. Hearing no objection, it was so ordered. Number 2053 REPRESENTATIVE OGAN made a motion that CSHB 342(RES), as amended, move from the House Resources Committee with individual recommendations and zero fiscal notes. Hearing no objection, CSHB 342(RES) passed from the House Resources Committee.
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