02/19/1998 01:14 PM House RES

HB 28 - REPEAL COASTAL ZONE MGMT PROGRAM                                       
                                                                               
CO-CHAIRMAN HUDSON announced the next order of business was House              
Bill No. 28, "An Act repealing the Alaska Coastal Management                   
Program and the Alaska Coastal Policy Council, and making                      
conforming amendments because of those repeals."                               
                                                                               
REPRESENTATIVE GREEN explained the bill was assigned to a                      
subcommittee last spring upon which the proposed committee                     
substitute (version 0-LS0189\E) was reviewed and supported by the              
subcommittee.                                                                  
                                                                               
CO-CHAIRMAN HUDSON called for a motion to adopt the proposed                   
committee substitute.                                                          
                                                                               
Number 2314                                                                    
                                                                               
CO-CHAIRMAN OGAN made a motion to adopt the proposed committee                 
substitute for HB 28, version 0-LS0189\E, Chenoweth, 3/6/97, as a              
work draft.                                                                    
                                                                               
REPRESENTATIVE JOULE objected.  The subcommittee met, but never                
gave the interested people an opportunity to testify.  He asked for            
explanation as to the weight of a subcommittee.                                
                                                                               
Number 2394                                                                    
                                                                               
CO-CHAIRMAN HUDSON explained a subcommittee is a working committee.            
It meets informally and tries to come up with a version to be                  
brought back to the committee as a whole for a regular hearing                 
process.                                                                       
                                                                               
TAPE 98-14, SIDE A                                                             
Number 0020                                                                    
                                                                               
REPRESENTATIVE JOULE removed his objection.                                    
                                                                               
Number 0030                                                                    
                                                                               
REPRESENTATIVE GREEN explained to Representative Joule, for                    
edification, there was a significant change from the original bill             
to the committee substitute which, in effect, was what the                     
subcommittee planned to do anyway.                                             
                                                                               
CO-CHAIRMAN HUDSON announced the proposed committee substitute is              
officially before the committee for consideration.                             
                                                                               
Number 0097                                                                    
                                                                               
REPRESENTATIVE GENE THERRIAULT, Alaska State Legislature, sponsor              
of HB 28, explained he introduced HB 28 last year.  However, after             
receiving many comments from colleagues and the public, he                     
determined that an outright repeal was not the appropriate action              
and decided to address specific concerns.  The changes are                     
reflected in the proposed committee substitute (version 0-                     
LS0189\E).                                                                     
                                                                               
REPRESENTATIVE THERRIAULT stated the proposed Committee substitute             
would modify the  Alaska Coastal Management Program (ACMP) by                  
reducing the boundary to exclude the zone of indirect influence.               
There are currently three zones - direct interaction, direct                   
influence, and indirect influence.  The zone of direct interaction             
is shoreline and beach area.  The zone of direct influence extends             
landward from the zone of direct interaction to areas affected and             
influenced by the proximity between land and sea such as wetlands,             
salt waters and tide lands.  The zone of indirect influence extends            
landward and inland to areas that support anadromous fish such as              
watersheds.  The proposed committee substitute would require the 11            
districts to exclude the zone of indirect influence.  There are 33             
or 35 districts, and 11 would be impacted by the restriction.  The             
state's initial inland coastal boundaries, which include only the              
zones of direct influence and direct interaction, are the                      
appropriate boundaries for the ACMP, the Minerals Commissions, and             
the Alaska Oil and Gas Association.                                            
                                                                               
REPRESENTATIVE THERRIAULT further explained the proposed Committee             
substitute would prohibit coastal districts from incorporating, by             
simple reference, the statutes and regulations adopted by state                
agencies, a provision supported by the Administration because of               
inconsistencies in findings.                                                   
                                                                               
REPRESENTATIVE THERRIAULT further explained the proposed Committee             
substitute would prevent a district or state agency from                       
stipulating to a matter for which the agency or district does not              
have authority.  The intent is to ensure that the program does not             
expand any state agency's authority beyond the statutory authority             
that has been extended to them by the legislature.  There is an                
amendment to clarify that the agency must have authority outside of            
the ACMP statute.                                                              
                                                                               
                                                                               
REPRESENTATIVE THERRIAULT further explained the proposed Committee             
substitute would eliminate the petition process, but it is not                 
intended to preclude someone from filing a suit in a superior                  
court.  The petition process only allows the council to determine              
whether comments are fairly considered and an appeal to the                    
superior court is the only avenue available to review the merits of            
a decision.  It is an unnecessary step and seldom used.  It has                
only been used 12 times since 1979, 6 of the 12 times are since                
1994.  He believes it is being used to slow down the permitting                
process and the state agencies are frustrated making the same                  
decision over and over.                                                        
                                                                               
Number 0704                                                                    
                                                                               
REPRESENTATIVE THERRIAULT read Amendment 1 as follows:                         
                                                                               
     TO:  CSHB 28( ), Draft Version "E"                                        
                                                                               
     Page 4, Line 4:                                                           
                                                                               
          Delete "not"                                                         
                                                                               
          Insert "only"                                                        
                                                                               
     Page 4, Line 5:                                                           
                                                                               
          Delete "may not by law exercise authority"                           
                                                                               
          Insert "has authority under a statute outside of                     
          this chapter"                                                        
                                                                               
REPRESENTATIVE THERRIAULT explained the regulations for the ACMP in            
a number of places refer to the Forest Practices Act, and the                  
Department of Environmental Conservation's statutes.  "We don't                
want ACMP under their broad authority, by regulation, to try and               
extend that broad authority to agencies where we have specifically             
not given them statutory authority to regulate things and thereby              
place stipulations on permits."                                                
                                                                               
REPRESENTATIVE BARNES made a motion to adopt Amendment 1.  There               
being no objection, it was so adopted.                                         
                                                                               
Number 0777                                                                    
                                                                               
MARGY JOHNSON, Mayor, city of Cordova, explained she is also a                 
board member of the Prince William Sound Regional Citizens Council.            
The city of Cordova opposes HB 28 (version 0-LS0189\E).  Cordova               
has used the petition process and believes in it.  The bill would              
turn it over, with all due respect, to bureaucrats and take away               
the rights of citizens to petition.                                            
                                                                               
Number 0831                                                                    
                                                                               
CO-CHAIRMAN HUDSON asked Ms. Johnson what would be the financial               
implications to the city of Cordova.                                           
                                                                               
Number 0841                                                                    
                                                                               
MS. JOHNSON replied she does not have the dollar amount.  She                  
explained the city has used the petition process for tanker                    
contingency plans.  Twenty-five percent of the nation's supply of              
oil goes through Cordova's back yard so it tries to be very clear              
and precise, and the bill would take away the city's ability to do             
that.                                                                          
                                                                               
CO-CHAIRMAN HUDSON announced the bill will be held over for further            
consideration.