Legislature(1997 - 1998)
04/07/1998 01:50 PM 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 284 - TIMBER THREATENED BY PESTS OR DISEASE CO-CHAIRMAN OGAN announced the first order of business was House Bill Number 284, "An Act relating to infestations and diseases of timber." CO-CHAIRMAN OGAN called on Representative Mark Hodgins, sponsor of the bill. Number 019 REPRESENTATIVE MARK HODGINS, Alaska State Legislature, stated the bill requires the commissioner to implement necessary salvage measures when timber on state or municipal forests are infested or diseased. There is an amendment to address the concern of the commissioner's power over chapter 17 discussed at an earlier hearing. He would like to see the amendment adopted. It would remove the concerns of Co-Chairman Ogan. Number 046 REPRESENTATIVE RAMONA BARNES made a motion and asked unanimous consent to adopt the amendment. It reads as follows: TO: HB 284 Page 2, line 20, Following "chapter": Insert ", other than a requirement of or a regulation adopted under AS 41.17.115-41.17.119," CO-CHAIRMAN OGAN called for a brief at ease. CO-CHAIRMAN OGAN called the meeting back to order. CO-CHAIRMAN OGAN asked whether there is any objection to the motion. There being no objection, it was so adopted. CO-CHAIRMAN OGAN called for a brief at ease. CO-CHAIRMAN OGAN called the meeting back to order. Number 070 DAN STEIN testified via teleconference in Fairbanks. He asked Co- Chair Ogan whether it is time to comment on the amendment just passed. CO-CHAIRMAN OGAN replied he could comment on anything he would like to. Yes, an amendment was just passed to protect stream buffers and riparian areas. REPRESENTATIVE HODGINS stated the amendment prohibits the commissioner of natural resources from waiving the requirements of AS 41.17.115 - 41.17.119. Section 115 is riparian management Section 116 is riparian standards for private lands Section 118 is riparian standards for state lands Section 119 is minimum riparian standards for other public lands REPRESENTATIVE HODGINS stated the amendment, therefore, would limit Mr. Stein's testimony. Number 094 MR. STEIN stated the amendment is good, but he still opposes the bill because of the public process on the Kenai Peninsula already underway. The bill undermines the process. He also opposes exempting salvage and emergency sales of less than 200 acres from the preparation of a plan of operation. A plan of operation is to protect Alaska's resources including fish and wildlife. It is a mistake to not have a plan of operation. The current exemption for emergency sales in Region I (Southeast) is at a level of ten acres. There is no scientific evidence to move it to 200 acres. Why was it placed at such a low acreage before? he asked. It is also a mistake to give the commissioner the ability to waive any requirement of the Forest Practices Act. CO-CHAIRMAN OGAN announced the arrival of Representative Joule. Number 139 ERIK HOLLAND testified via teleconference in Fairbanks. The amendment is good, but he still stands in opposition to the bill. The bill affects the entire state when the biggest part of the problem is on the Kenai Peninsula. It is too broad. It also undermines a public process that's already underway funded with federal money. Why spend our state funds when it's already being worked on? he asked. In addition, the word "shall" on page 1, line 8, should stay as the word "may." Shall is very dictatorial. He is also concerned about the language "environmental catastrophe" and "susceptible to infestation or disease" on page 1, lines 13-14. Wouldn't that really be almost any tree? he asked. It puts a lot of control of the public forests in the hands of experts who seem all too willing to sell it off. He is also concerned about the waiver of the public process. Number 172 DOUGLAS YATES testified via teleconference in Fairbanks. He is opposed to the bill, but the amendment is a start to correcting the egregious provisions in the bill. It is not appropriate that the bill uses native forest insects and diseases as an excuse to put timber sales on the fast track. They are natural disturbances and events that play an important role in natural forces. Wildlife managers, commercial businesses, non-commercial recreationists, and private forest owners may define forest health and the need for salvage very differently than the Department of Natural Resources and the timber industry. The bill implies that the salvage of dead trees can eliminate an insect or disease condition when there is no evidence that a native forest insect or disease can be eliminated from Alaska. It is misleading to the public to suggest otherwise. If the intent is to move the bill from the committee, he suggests at least limiting it to a regional basis, not statewide. It is a bill about the effect of the beetles on the Kenai Peninsula, therefore, restrict it to those lands first and monitor the effects carefully. Number 216 HUGH DOOGEN testified via teleconference in Fairbanks. It is criminal that the timber is being infected by spruce beetles. It is killing off the resources. He objects to (3) on page 2, line 15. It needs to be amended out. MARTHA WELBOURN, Deputy Director, Central Office, Division of Forestry, Department of Natural Resources, testified in Juneau. The department supports the amendment, but continues to oppose the bill. It would not reduce the impact of the infestation significantly, but it would add to agency workload. It would not provide effective new tools to address the problem of infestation. The department already has the authority to do emergency and below- cost sales. In addition, waiving notice requirements for the Forest Practices Act could risk water quality and fish habitat protection without effectively combating beetle populations. Any legislative changes should be coordinated with the spruce bark beetle task force on the Kenai Peninsula. The bill would have little or no effect on large infestations because it does not address the main factors that block control of insect outbreaks: climatic conditions, weak markets for low-value timber, funding for timber sales, reforestation, and multiple-use concerns of timber harvest and "roading." The bill would require the state to do more intensive insect and disease surveys and develop agreements with private landowners regardless of their interests. Landowners choose to respond to infestation depending on their authority and intentions. Private reforestation actions also vary depending on their long-term intent and financial situations. In addition, it is unclear whether subsection (d) would require the state to pay for "necessary salvage measures" on private lands. Implementing the bill would be costly because it requires actions statewide. In 1997, surveys recorded 17 different types of insects and diseases that each damaged more than 100 acres of forest lands affecting two and one-half million acres. The sites are scattered around the state, many are in remote locations, and many cross ownership boundaries. The fiscal note submitted for $615,000 would only provide for an additional 540 acres of salvage and reforestation per year. When Canadians visited the spruce bark beetle outbreak a few years ago, they estimated control would cost $50 to $60 million per year. In the remote areas, some levels of infestations are a natural disturbance and helps to provide a mix of old and young forest stands. The department respectfully requests that the bill is not forwarded. As soon as recommendations from the task force are available the department would be glad to work with the legislature on any recommendation that would require changes to state law or additional state funding. Number 298 REPRESENTATIVE BARNES suggested passing a zero fiscal note with the bill since Ms. Welbourn testified that the one submitted would not cover the cost. It is obvious that there is a problem and the department has done nothing about it. She asked Ms. Welbourn what the task forces have done. MS. WELBOURN replied the task forces held so far have laid the groundwork for a lot of the work that the department has done. On state lands there have been more than 20 sales on the Kenai Peninsula alone totaling over 10,000 acres. However, there are many areas where salvages are not economically feasible because there are no markets. MS. WELBOURN further stated the department submitted a fiscal note that would be sufficient to provide additional surveys to work with private landowners as required by the bill and for additional salvages, but it would not provide enough for salvages statewide. Number 338 REPRESENTATIVE BARNES made a motion and asked unanimous consent to move HB 284, as amended, from the committee with individual recommendations and the attached fiscal note(s). Hearing no objection, CSHB 284(RES) was so moved from the House Resources Standing Committee.
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