Legislature(2007 - 2008)BARNES 124
02/20/2008 01:00 PM House RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| HB348 | |
| HJR31 | |
| HB348 | |
| HB330 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 330 | TELECONFERENCED | |
| += | HJR 31 | TELECONFERENCED | |
| += | HB 348 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 330-NOXIOUS WEEDS AND INVASIVE PLANTS 2:26:30 PM CO-CHAIR GATTO announced that the final order of business would be HOUSE BILL NO. 330, "An Act relating to management of noxious weeds and invasive plants; establishing the Noxious Weed and Invasive Plant Board; and establishing the noxious weed and invasive plant management fund." CO-CHAIR JOHNSON moved that the committee adopt as the working document the proposed CS for HB 330, labeled 25-LS1062\O, Bullard, 2/19/08 (Version O). There being no objection, Version O was before the committee. 2:28:17 PM JEANNE OSTNES, Staff to Representative Craig Johnson, Alaska State Legislature, explained the differences between the original bill and the CS. She specified: The original HB 330 was formed under Article 2 of AS 41.10. This would be Chapter 10, Soil and Water Conservation of Title 4, which is your Public Resources. The original bill formed a board and identified the powers and the duties of the board. It delineated advisory groups of the board, agency cooperation and joint operations. The original HB 330 also formed a noxious weed and invasive plant management fund. The CS for HB 330 reincarnates as a state coordinator employed or appointed by the Commissioner of Natural Resources. It is now in Title 3, which is Agriculture and Animals, Chapter 5, Powers and Duties of the Commissioners of Natural Resources and Environmental Conservation, and it forms a new section, 027. So, basically we've [taken] the original bill and taken the board completely out and we now have a ... state coordinator and this bill will allow the Commissioner ... of Natural Resources to employ or appoint a state coordinator for noxious weed, invasive plant, and agricultural pest management, as well as education. This coordinator will work through the Division of Agriculture along with state departments, agencies, and institutions. This person will bring together the aforementioned entities in addition to the University of Alaska Cooperative Extension Service and the Alaska Association of Conservation Districts. The Cooperative Extension Service has a broad range of extension agents and they around the state work with horticulture, which is your nursery and greenhouses, agriculture, invasives, and the rural community development in our rural parts of the state. Through this coordination the State of Alaska will develop a strategic plan and, more importantly, a start toward limiting the economic loss and adverse effects [to] the state's agricultural, natural, and human resources because of the presence and spread of noxious weeds, agricultural pests, invasive terrestrial and aquatic plants in the state. MS. OSTNES noted that the original fiscal note of $236,800 is now reduced to about $80,000. 2:33:01 PM BRYCE WRIGLEY, President, Alaska Farm Bureau, stated he is comfortable with the proposed CS as written. He requested the opportunity to testify should any amendments be introduced. REPRESENTATIVE WILSON said she thought the comments in a 2/15/08 letter from the Alaska Conservation Alliance were good ones. She asked whether these comments regarding the original bill were brought into Version O. She read page 2, paragraph 1, of the comments which state (original punctuation provided): ... The definition of invasive species should be amended so that it does not include species natural northern migration due to the effects of global climate change. As warming increases, a species former range may be extended northward; as such, it does not fit the typical definition of an invasive species. This could be accomplished by making sure that "alien" does not include indigenous species to Alaska that may be naturally extending their range in response to the effects of climate change. CO-CHAIR GATTO remarked that his only issue with the comments is that they represent complete common sense. MS. OSTNES said the letter was written to the original bill and [the Alaska Conservation Alliance's executive director] did not have time to look at the CS. 2:35:10 PM REPRESENTATIVE WILSON inquired whether the aforementioned comments are addressed in Version O. MS. OSTNES explained that with the deletion of the board, most of that kind of information would come through regulations. The Alaska Association of Conservation Districts yesterday voted to accept Version O, she related. The association also voted to take on the task of forming a board made up of the stakeholders identified in the original bill. She said she believed that once the "weed" board is formed under the Alaska Association of Conservation Districts, all comers will be taken up. 2:36:19 PM REPRESENTATIVE EDGMON asked why aquatic species are no longer addressed by Version O. While they may not be a problem today, they could be tomorrow as a result of global warming. MS. OSTNES said the sponsor statement identifies terrestrial and aquatic plants in the state and she believes that becomes a part of the board's duties to expand, discuss, and develop. She related that there is also a board within the state that is dealing specifically with invasives and she believes there is a plan to establish an all-taxa council that would address aquatics, mammals, pests, microorganisms, weeds, and all other things. 2:37:50 PM REPRESENTATIVE EDGMON noted that the definitions for invasive plant and noxious weed are no included in Version O. He inquired whether the definitions currently in statute for invasive plant and noxious weed are sufficient. MS. OSTNES responded that the statutes are not good enough and regulations need to be updated. The CS allows the Alaska Association of Conservation Districts to deal with this by making recommendations. 2:39:19 PM REPRESENTATIVE EDGMON drew attention to the inclusion of "federal agencies" on page 1, lines 11-12. He asked whether "federal" should be added to page 2, line 18, to make it consistent. MS. OSTNES replied she believes the board can coordinate with federal agencies, but it cannot make recommendations directly to the federal agencies to change federal regulations. She deferred to others more familiar with how this would work. PETER FELLMAN, Staff to Representative John Harris, Alaska State Legislature, stated that he has been a farmer in Alaska for over 20 years. He said the federal agencies are already working on programs throughout the Lower 48 that are funded and have standards already established by law. In order for Alaska to qualify for some of that federal funding, the state needs to give the board person the ability to consult with the federal agencies so Alaska can match its program to the federal qualifications. The board person cannot make recommendations; he or she can only consult to make sure Alaska's recommendations meet federal guidelines. 2:42:58 PM CO-CHAIR GATTO surmised the board person would be allowed to coordinate with federal agencies without it being put into statute. MR. FELLMAN agreed. He cautioned against the state locking itself in with statute that does not allow for development of a state plan. This board and this person need to be given the ability to work with all these different entities and agencies to create something that works that can then it can be put into regulations so it can be modified over time and continue to work. If it is locked into statute, the state will go through this process every year, he warned. 2:43:48 PM CO-CHAIR GATTO inquired whether it would be better to delete "state" from page 2, line 18, so it would read, "recommendations to departments and agencies". Thus, there would be no restrictions as to whether it is state or federal departments and agencies. MR. FELLMAN said that would make the legislation more fluid so there is the opportunity to make changes on the go. MS. OSTNES explained that Version O takes the board out of statute and puts it as part of the Alaska Association of Conservation Districts. Thus, there needs to be some way to bring in at least four of Alaska's state departments - the Department of Transportation & Public Facilities, the Department of Environmental Conservation, the Department of Natural Resources, and the Alaska Department of Fish & Game. So, she said, there needs to be some way to allow the coordinator to [work with state departments]. In further response to Co-Chair Gatto, she said she is not suggesting the four departments be specifically identified in the bill. Rather, by keeping "state departments" in the bill it leaves it wide open for the coordinator to talk to any and all departments. 2:46:11 PM REPRESENTATIVE ROSES observed that page 1 deals with coordinating with state and federal agencies and page 2, lines 18-20, deals with reviewing and making recommendations to state departments and agencies regarding state regulations and statutes. Therefore the current language is appropriate. CO-CHAIR JOHNSON pointed out that it must be a state recognized board and a state plan in order to qualify for federal funds. If "state" is taken out, the ability to apply for federal money may be lost and that ability is the purpose of this legislation. 2:47:56 PM REPRESENTATIVE GUTTENBERG asked whether the three-year sunset is enough time to accomplish what needs to be accomplished. MR. FELLMAN said the sunset's purpose is to provide fiscal accountability in the Department of Agriculture as to whether the state's money is really accomplishing something. It ensures that the individual knows he or she will be held accountable and if federal funds are not received and the program is not put together, the job will go away. 2:48:57 PM REPRESENTATIVE GUTTENBERG inquired whether a three-year sunset provides enough time to determine that the plan is working. MR. FELLMAN responded that a lot of the groundwork is already done. The Alaska Committee for Noxious & Invasive Plants Management (CNIPM) has done a lot of work, the soil and water conservation districts already exist and have plans and maps and have identified the weeds and problems, and the districts already know how to do the control. The goal now is to get a person in the Division of Agriculture to gather all that information together and develop a state plan so it can be funded by federal money. It is not how well the plan is working, he said, it is whether or not the state is making a plan and that is what HB 330 would do. 2:51:14 PM CO-CHAIR JOHNSON moved to report HB 330, labeled 25-LS1062\O, Bullard, 2/19/08, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 330(RES) was reported out of the House Resources Standing Committee.
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