Legislature(2013 - 2014)BARNES 124

02/06/2013 01:00 PM House RESOURCES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 4 IN-STATE GASLINE DEVELOPMENT CORP TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
- Continuation of Presentation
+= HB 77 LAND DISPOSALS/EXCHANGES; WATER RIGHTS TELECONFERENCED
Heard & Held
-- Public Testimony --
** Public Testimony to Begin @ 2:00 p.m. **
         HB  77-LAND DISPOSALS/EXCHANGES; WATER RIGHTS                                                                      
                                                                                                                                
2:21:47 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FEIGE announced  that  the next  order  of business  is                                                               
HOUSE  BILL NO.  77, "An  Act relating  to the  Alaska Land  Act,                                                               
including certain authorizations,  contracts, leases, permits, or                                                               
other   disposals  of   state  land,   resources,  property,   or                                                               
interests; relating  to authorization for  the use of  state land                                                               
by general permit;  relating to exchange of  state land; relating                                                               
to  procedures for  certain administrative  appeals and  requests                                                               
for reconsideration to the commissioner of natural resources;                                                                   
relating to the Alaska Water Use Act; and providing for an                                                                      
effective date."                                                                                                                
                                                                                                                                
CO-CHAIR FEIGE opened public testimony.                                                                                         
                                                                                                                                
2:22:31 PM                                                                                                                    
                                                                                                                                
LAURA STATS, paraphrased from the following written statement                                                                   
[original punctuation provided]:                                                                                                
                                                                                                                                
     I am here to speak against the passage of HB 77.                                                                           
                                                                                                                                
     I  come to  you  on behalf  of my  family  and all  the                                                                    
     people who hunt,  fish and gather food  from this great                                                                    
     land  we  call  Alaska.  Most importantly,  I  come  on                                                                    
     behalf of my  grandson, Huck Daugherty, who  is 4 years                                                                    
     old  and who  at his  tender age  has already  gone out                                                                    
     with his  parents and uncles  to harvest  salmon taller                                                                    
     than he  is and prawns  bigger than his own  hands, for                                                                    
     him there  is a magic in  that; and in that  magic lies                                                                    
     an   honest  reality   which  must   be  protected   in                                                                    
     perpetuity. And you have  the responsibility to protect                                                                    
     our lands, streams and oceans.                                                                                             
                                                                                                                                
     Please  look to  our  Alaska  Constitution when  making                                                                    
     your  decision  on  voting  for HB  77.  It  states  in                                                                    
     Article 8 section 3                                                                                                        
     Titled: Common Use                                                                                                         
     "Wherever  occurring  in  their  natural  state,  fish,                                                                    
     wildlife,  and waters  are reserved  to the  people for                                                                    
     common use."                                                                                                               
                                                                                                                                
     It  explains  in  the  Citizen   Guide  of  the  Alaska                                                                    
     Constitution and  1 quote:  "This  section enshrines in                                                                    
     the Alaska  Constitution the  common law  doctrine that                                                                    
     natural resources  must be  managed by  the state  as a                                                                    
     public trust for the benefit  of the people as a whole,                                                                    
     rather  than   for  the  benefit  of   the  government,                                                                    
     corporations, or private persons."                                                                                         
                                                                                                                                
     Who will HB 77 be  protecting and representing, will it                                                                    
     be   protecting   the   common  use   clause   of   our                                                                    
     constitution and  the rights of the  citizens of Alaska                                                                    
     or does  it protect  a corporation  which has  it's own                                                                    
     special   interest   not   consistent  with   that   of                                                                    
     preserving the tender balance of the streams and                                                                           
     waterways where our food arises from?                                                                                      
                                                                                                                                
     Please vote against the passage of this bill.                                                                              
                                                                                                                                
     Thank  you for  hearing me  with your  open hearts  and                                                                    
     strong minds.                                                                                                              
                                                                                                                                
2:25:27 PM                                                                                                                    
                                                                                                                                
JAMES   SULLIVAN,   Legislative   Organizer,   Southeast   Alaska                                                               
Conservation Council (SEACC), paraphrased from the following                                                                    
written remarks [original punctuation provided]:                                                                                
                                                                                                                                
     Thank you for the opportunity to testify.                                                                                  
                                                                                                                                
     There has  been much discussion, within  this committee                                                                    
     and with  our organization and with  our friends, about                                                                    
     the issue  of water reservations and  revoking personal                                                                    
     use reservations.  We find  this issue  problematic and                                                                    
     want  to  make  sure  that  our  environment  is  being                                                                    
     protected and that anadromous  streams have the highest                                                                    
     priority when permits are being issued.                                                                                    
                                                                                                                                
     We would like  to propose that amend this  bill so that                                                                    
     when  any  entity applies  for  a  water right  on  any                                                                    
     anadromous body  of water  that [Department  of Natural                                                                    
     Resources] DNR  issue a water reservation  on behalf of                                                                    
     the  fish.  DNR  can  simply refer  to  the  Anadromous                                                                    
     Waters  Catalog to  see if  the waterway  is on  there,                                                                    
     then put in an appropriate reservation.                                                                                    
                                                                                                                                
     This would  align DNR with  our state  constitution and                                                                    
     its public  trust responsibility.  It would  ensure the                                                                    
     protection of our salmon.  It would enhance sustainable                                                                    
     economic development across our state.                                                                                     
                                                                                                                                
     Salmon  is our  greatest renewable  resource, it  is in                                                                    
     our legislature's best interest  to put in a mechanism,                                                                    
     in  statute,  that  protects  that  resource  as  other                                                                    
     entities apply for water rights.                                                                                           
                                                                                                                                
                                                                                                                                
     Alaska Constitution Article 8 § 3. Common Use                                                                              
                                                                                                                                
     "Wherever  occurring  in  their  natural  state,  fish,                                                                    
     wildlife,  and waters  are reserved  to the  people for                                                                    
     common use."                                                                                                               
                                                                                                                                
2:27:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON highlighted  the  language  in Section  1,                                                               
which  read:     "the  issuance  of  a  general   permit  if  the                                                               
commissioner finds  that the  activity is  unlikely to  result in                                                               
significant  and irreparable  harm to  state land  or resources."                                                               
He asked  whether SEACC  finds the  language problematic  in that                                                               
irreparable  harm  rather  than  significant harm  has  to  occur                                                               
before a general permit is issued.                                                                                              
                                                                                                                                
MR. SULLIVAN  said SEACC has  discussed the issue  of irreparable                                                               
harm and having some sort of  proving ground to do that, which is                                                               
why he is  recommending amending HB 77 such that  DNR would issue                                                               
a  water  reservation on  behalf  of  the  fish when  any  entity                                                               
applies for  a water right  on any  anadromous body of  water and                                                               
that mechanism would  limit the type of work that  can be done on                                                               
the  stream   or  waterway.    Mentioning   the  Anadromous  Fish                                                               
Protection  Act,  he then  offered  his  opinion that  there  are                                                               
conflicts with the use of irreparable harm and existing statute.                                                                
                                                                                                                                
2:29:50 PM                                                                                                                    
                                                                                                                                
GUY  ARCHIBALD, Mining  and  Clean  Water Coordinator,  Southeast                                                               
Alaska   Conservation    Council   (SEACC),   in    response   to                                                               
Representative  Seaton's question,  informed  the committee  that                                                               
irreparable harm  is not well defined.   He noted that  he mainly                                                               
deals with  federal lands.   For instance, the Greens  Creek Mine                                                               
has a  draft environmental impact  study (EIS) that  requires the                                                               
filling in  of a  major portion of  an anadromous  salmon stream.                                                               
The  mine  is  located  within   the  Admiralty  Island  National                                                               
Monument  where it  is mandated  by Congress  not to  produce any                                                               
harm to  the salmon.  The  U.S. Forest Service does  not consider                                                               
filling  in  that  salmon  stream   with  toxic  tailings  to  be                                                               
irreparable harm to the monument values.                                                                                        
                                                                                                                                
MR.  ARCHIBALD  then  related  his  confusion  with  Commissioner                                                               
Sullivan's  testimony that  Alaska ranks  second to  last in  the                                                               
world  in   terms  of  producing  permits   for  large  projects,                                                               
especially when [Glenn]  Haight, Development Manager, Development                                                               
Section,   Division  of   Economic  Development,   Department  of                                                               
Commerce, Community  & Economic  Development (DCCED),  stated [on                                                               
January 31, 2013]  that "Alaska has a  very favorable environment                                                               
in  the mining  industry."   There is  evidence that  answers the                                                               
question, which  comes from the Fraser  Institute's Annual survey                                                               
to over  5,000 international  mining companies.   This  last year                                                               
over 800  companies, which were  responsible for $6.3  billion of                                                               
exploration  funding in  2011,  responded to  that  survey.   The                                                               
results from that  survey ranked Alaska number four  in the world                                                               
in combined  policy and mineral  potential.  The  survey compared                                                               
Alaska to  over 90 separate mining  districts in the world.   The                                                               
survey  also  found that  only  1  percent of  respondents  cited                                                               
environmental regulations as being a  mild or strong deterrent in                                                               
Alaska.  Furthermore,  only 1 percent of  the respondents thought                                                               
the tax  regime, both the rate  of the tax and  the complexity of                                                               
the code, was either a mild  or strong deterrent to permitting in                                                               
Alaska.  Part of the backlogging  and permits is that there is no                                                               
trigger for evaluation of a permit;  once a permit is applied for                                                               
DNR must process it.  He  noted that mining is highly speculative                                                               
and many of the companies are  junior companies and almost all of                                                               
them  apply for  permits  when  they do  not  have  a proven  ore                                                               
reserve.  The ore reserves are  certified as an implied ore body,                                                               
which  by  definition  means  they  have  zero  certainty  of  an                                                               
economic  ore.   They apply  for permits,  he opined,  because it                                                               
adds to  the value  to the  project they are  trying to  sell and                                                               
basically fuels speculation.   Therefore, Mr. Archibald requested                                                               
that DNR  institute a  trigger such that  an application  will be                                                               
reviewed when  certification of a  proven ore body  is submitted.                                                               
With  such a  trigger, those  resources used  on mines  that will                                                               
never  enter into  production, can  be transferred  and used  for                                                               
larger  projects.   He suggested  that  the aforementioned  would                                                               
reduce the  backlog of permits.   Mr. Archibald  highlighted that                                                               
the state did  attempt a streamlined permitting  process with the                                                               
Rock Creek Mine  north of Nome, which was permitted  in less than                                                               
two years.   The Rock  Creek Mine  was located entirely  on state                                                               
land, so did  not require a National Environmental  Policy Act of                                                               
1969  (NEPA) process.    The  Rock Creek  Mine  operated for  six                                                               
months, after  which it shut  down, the company walked  away, and                                                               
the tailings pond immediately filled  with water.  The Department                                                               
of Environmental  Conservation (DEC) had to  remedy the situation                                                               
for  which the  estimated  cost of  cleanup  is $20-$30  million.                                                               
Since the Rock  Creek Mine was only bonded for  $9.6 million, the                                                               
difference  between  the bonded  amount  and  the actual  cleanup                                                               
costs will  be borne by  Alaska's taxpayers.  In  conclusion, Mr.                                                               
Archibald requested  that HB 77 not  move forward or if  it does,                                                               
that it moves forward with significant amendments.                                                                              
                                                                                                                                
2:34:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR   asked  if   Mr.  Archibald   had  specific                                                               
amendments.                                                                                                                     
                                                                                                                                
MR. ARCHIBALD  reiterated his suggestion to  include an amendment                                                               
that creates  a trigger for  review.  In the  anti-degradation of                                                               
water quality there is a  trigger level to review an application,                                                               
which  he  would suggest  using  for  any  project [in  order  to                                                               
determine] how  legitimate is it  that a project will  enter into                                                               
production  before the  state spends  many state  resources.   He                                                               
pointed out that  the Greens Creek Mine EIS cost  the U.S. Forest                                                               
Service over $1 million to produce.                                                                                             
                                                                                                                                
2:35:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK  surmised  then   that  the  intent  of  Mr.                                                               
Archibald's  suggestion is  to  have a  filter  to eliminate  the                                                               
projects for which  there is no intention for them  to make it to                                                               
fruition  and actually  focus on  the ones  that are  intended to                                                               
[produce].                                                                                                                      
                                                                                                                                
MR. ARCHIBALD agreed,  adding that many of  the speculative mines                                                               
will  produce   a  preliminary  economic  assessment   for  their                                                               
investors  long before  there  is any  certainty  with their  ore                                                               
body.   There is  a 401  certification process  in which  a third                                                               
party  evaluates  whether  there  is  a  legitimate,  profitable,                                                               
economical ore body.                                                                                                            
                                                                                                                                
2:36:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.  WILSON  related her  understanding  that  the                                                               
state does not  allow people to just go out  and mine, but rather                                                               
requires they obtain permits and  core drillings.  She emphasized                                                               
that there  is no way to  determine whether a site  is profitable                                                               
until  a lot  of research  is performed,  research that  requires                                                               
permits.     Therefore,  she  questioned   how  to   utilize  Mr.                                                               
Archibald's  suggestion, noting  that often  companies only  need                                                               
three  to  four   permits  to  determine  whether   the  site  is                                                               
economical.  Still, it takes a lot  of work and time to reach the                                                               
point of determining whether a site is economical.                                                                              
                                                                                                                                
MR.  ARCHIBALD said  that is  true,  but pointed  out that  these                                                               
exploration  permits  fall  under  a categorical  exclusion.    A                                                               
categorical exclusion is used because  the land manager estimates                                                               
that the drilling impacts to  the human health environment are so                                                               
small that it is  not worth the time or effort  to assess it, and                                                               
thus the  company is given  a categorical exclusion  from further                                                               
analysis  and the  permits, which  are two  to three  pages long,                                                               
allow companies to  drill.  He mentioned that he  has observed up                                                               
to 70 drill  holes in a year.   This permit is  a conditional use                                                               
permit that  is valid for a  year.  However, the  companies apply                                                               
for such a permit year after  year.  When the companies reach the                                                               
point of  building a mill  and a tailings  dam and needs  a solid                                                               
waste  permit, an  air quality  permit, and  wastewater discharge                                                               
permit,  the project  would then  reach  the level  of review  of                                                               
DNR's  large mine  permitting program.   At  that point,  the EIS                                                               
then  requires review  of the  human  health effects  as well  as                                                               
environmental effects,  which is  when the costs  arise.   At the                                                               
point of  the EIS is when  the trigger should come  into play, he                                                               
clarified.   Given the current  price of  gold, it will  not take                                                               
much  to reach  the [economical]  threshold for  gold mining,  he                                                               
opined.   The threshold/trigger, he reiterated,  would winnow out                                                               
the legitimate projects versus those speculative projects.                                                                      
                                                                                                                                
2:39:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.  WILSON  begged  to  differ,  saying  that  it                                                               
depends  on  the  price  of metals  and  various  other  aspects.                                                               
Therefore,  what  one   may  refer  to  as   speculative  may  be                                                               
considered in the running economically  one year but not the next                                                               
due to price fluctuations.                                                                                                      
                                                                                                                                
MR. ARCHIBALD noted his agreement,  acknowledging that there will                                                               
be some  agency discretion.   However,  he maintained  that there                                                               
are many examples of mine projects  that were "beyond the pale of                                                               
speculation."   For instance, less  than two years ago  a company                                                               
from Oklahoma  staked 92  square miles  of the  Yakutat forelands                                                               
and announced that  there was $34.5 billion worth  of gold there,                                                               
more gold than has  been mined in the history of  the state.  The                                                               
company  did  note that  there  were  issues  with the  chain  of                                                               
custody  on  the  assay  samples,  which no  one  took  with  any                                                               
credibility and in the meantime  the company's stock rose and the                                                               
principals made money from selling  their allocated 20,000 shares                                                               
a quarter.   He characterized the aforementioned  as an egregious                                                               
example of pure speculation.                                                                                                    
                                                                                                                                
2:41:48 PM                                                                                                                    
                                                                                                                                
REBECCA SEGAL,  Alaskans for Responsible  Mining (ARM),  began by                                                               
informing  the committee  that ARM  is a  statewide coalition  of                                                               
communities and  conservation organizations.  She  said that upon                                                               
thorough review, ARM opposes the passage of HB 77.                                                                              
                                                                                                                                
2:42:31 PM                                                                                                                    
                                                                                                                                
RICK  ROGERS, Executive  Director,  Resource Development  Council                                                               
for Alaska,  Inc. (RDC), paraphrased  from the  following written                                                               
testimony [original punctuation provided]:                                                                                      
                                                                                                                                
      RDC is a statewide business association representing                                                                      
      forestry, oil and gas, mining, tourism, and fishing                                                                       
     industries.  Our  mission  is to  grow  Alaska  through                                                                    
     responsible resource development.                                                                                          
                                                                                                                                
     A top legislative  priority of RDC is  to encourage the                                                                    
     state to  promote and defend the  integrity of Alaska's                                                                    
     permitting  processes  and  advocate  for  predictable,                                                                    
     timely,  and  efficient  state and  federal  permitting                                                                    
     processes   based  on   sound   science  and   economic                                                                    
     feasibility.                                                                                                               
                                                                                                                                
     RDC supports  HB 77.   The  Alaska Legislature,  to its                                                                    
     credit,  provided  DNR  with  additional  resources  to                                                                    
     address  what  had  become   an  untenable  backlog  of                                                                    
     permits and  authorizations.  Such  backlogs negatively                                                                    
     affect our  resource industries  as well  as individual                                                                    
     Alaskans  seeking required  state  authorizations.   We                                                                    
     understand that  while a backlog still  exists, DNR has                                                                    
     made real progress in catching up on that work.                                                                            
                                                                                                                                
     Ramping up staff to adjudicate  a backlog is addressing                                                                    
     the  symptom, however  systematic improvements  to what                                                                    
     has become  a very complex set  of statutes authorizing                                                                    
     DNR's  work  is  also  needed to  help  prevent  future                                                                    
     backlog and delays.                                                                                                        
                                                                                                                                
     The Governor,  with the  support from  DNR Commissioner                                                                    
     Sullivan and  his staff, has identified  specific means                                                                    
     of improving  the efficiency of our  complex permitting                                                                    
     system.   The  administration should  be applauded  for                                                                    
     proposing   numerous  changes   to  the   DNR  enabling                                                                    
     statutes in  order to make their  processes more timely                                                                    
     and  efficient.    Adapting our  key  DNR  statutes  to                                                                    
     ensure  we  are  adjudicating  our  land  and  resource                                                                    
     authorizations in  a more  timely and  efficient manner                                                                    
     is overdue.                                                                                                                
                                                                                                                                
     We   encourage   this    committee   to   support   the                                                                    
     administration's  efforts  to more  efficiently  manage                                                                    
     DNR's  tremendous   workload  as   the  reach   of  the                                                                    
     department  affects a  broad  cross  section of  Alaska                                                                    
     businesses, resource industries and individuals.                                                                           
                                                                                                                                
     Thank you for the opportunity to comment.                                                                                  
                                                                                                                                
2:45:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  noted that  Section  1  of HB  77  allows                                                               
granting  of  a  general  permit, which  seems  to  increase  the                                                               
efficiencies of  certain activities.   However, he  asked whether                                                               
the  standard for  a  general permit  should  be significant  and                                                               
irreparable harm.                                                                                                               
                                                                                                                                
MR. ROGERS  replied that his reading  of the language is  that it                                                               
"is  unlikely  to result  in  significant  or irreparable  harm",                                                               
which he  characterized as  a fairly  reasonable standard.   From                                                               
his  experience, the  department does  not issue  general permits                                                               
except  for  the most  innocuous  activity.   Typically,  general                                                               
permits  are  the  type  of  activity  that  is  not  benefitting                                                               
industry as  much as  individual Alaskans  who are  attempting to                                                               
accomplish more de  minimis activities.  However,  he deferred to                                                               
Commissioner Sullivan.   Mr. Rogers  opined that  general permits                                                               
have  not been  overused and  characterized  them as  a far  more                                                               
efficient tool.   He said he did not believe  there is the desire                                                               
to create  a situation in  which Alaskans have to  obtain permits                                                               
for  activities  for  which a  general  permit  would  adequately                                                               
protect the public interest.                                                                                                    
                                                                                                                                
2:48:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  noted  his   agreement  with  Mr.  Rogers                                                               
regarding the ability  to have general permits.   He then related                                                               
his  understanding  that Mr.  Rogers  is  saying that  a  general                                                               
permit  can  be issued  if  the  activity  is unlikely  to  cause                                                               
significant or irreparable harm, not a combination of the two.                                                                  
                                                                                                                                
2:48:53 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SADDLER recalled  testimony  from  SEACC regarding  the                                                               
impact of  Alaska's existing permitting process  and its standing                                                               
in terms of mineral development.   He then inquired as to whether                                                               
RDC views  Alaska's permitting process  as helpful or  harmful to                                                               
the mineral industry in the state.                                                                                              
                                                                                                                                
MR.  ROGERS  stated that  the  permitting  process is  absolutely                                                               
necessary for  the state's mineral  industry, but  clearly Alaska                                                               
ranks near the bottom in terms  of the timeframes to permit large                                                               
projects.   He  characterized  the argument  that the  permitting                                                               
system is fine and needs  no improvements as somewhat outrageous.                                                               
Aside for the  impact on industry, Mr. Rogers  expressed the need                                                               
to consider the impact on the  state.  While the mineral industry                                                               
is one of the impacted entities  with respect to DNR permits, Mr.                                                               
Rogers stressed  how far DNR  reaches into the everyday  lives of                                                               
Alaskans.   There  are  so  many activities  that  require a  DNR                                                               
authorization  irrespective  of  the   mining  industry  that  he                                                               
cautioned  focusing solely  on the  mining industry.   Still,  he                                                               
maintained  that  improvements can  be  made  [to the  permitting                                                               
process].                                                                                                                       
                                                                                                                                
2:51:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  recalled that the testimony  mentioning non-                                                               
commercial  forest products  should have  referred to  non-timber                                                               
forest products because those permits  are actually generally for                                                               
commercial application.  She then  inquired as to what Mr. Rogers                                                               
considers  to be  sound science  and whether  he had  examples of                                                               
projects that  are being  held up  under the  existing permitting                                                               
process that would move forward under the proposal in HB 77.                                                                    
                                                                                                                                
MR. ROGERS, regarding  sound science, related RDC  believes it is                                                               
important  that  these decisions  are  made  on the  true  costs,                                                               
benefits, and  impacts to the environment.   Therefore, standards                                                               
and  permitting decisions  should be  made on  empirical evidence                                                               
and the best  available technology and understanding  how best to                                                               
develop  the resources.   In  further response  to Representative                                                               
Tarr, Mr. Rogers  said he could not point to  a specific project,                                                               
rather  he viewed  [HB 77]  as an  incremental tweak  to the  DNR                                                               
statute.   Although he didn't  believe HB  77 to be  changes that                                                               
would suddenly  make it  a lot simpler  for businesses  to obtain                                                               
authorizations,  it is  worth supporting.   Some  of the  changes                                                               
embodied in  HB 77 will  not impact the resource  industries that                                                               
RDC represents.  For instance,  not requiring a public notice for                                                               
a short  plat of property  in an unorganized borough  where there                                                               
are no easements  is not earth-shattering for the  mining and oil                                                               
and gas industries.   However, it makes sense  for all industries                                                               
if it frees up DNR staff hours  to focus on something that is far                                                               
more important  to the state, makes  it easier for the  public to                                                               
get  things  done,  and  relieves some  fiscal  pressure  on  the                                                               
limited  resources of  the state.   Ultimately,  Mr. Rogers  gave                                                               
deference to DNR.                                                                                                               
                                                                                                                                
2:55:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  asked Mr. Rogers  to provide  any statistics                                                               
regarding where Alaska  ranks in terms of  permitting that differ                                                               
from those presented thus far.                                                                                                  
                                                                                                                                
MR. ROGERS agreed to do so.                                                                                                     
                                                                                                                                
2:56:14 PM                                                                                                                    
                                                                                                                                
RACHAEL PETRO, President/CEO, Alaska State Chamber of Commerce,                                                                 
paraphrased from the following written testimony [original                                                                      
punctuation provided]:                                                                                                          
                                                                                                                                
     The   Alaska   Chamber   is  a   statewide   membership                                                                    
     organization  made  up  of  all   sizes  and  types  of                                                                    
     businesses from across Alaska.                                                                                             
                                                                                                                                
     The  Alaska Chamber's  primary mission  is to  advocate                                                                    
     for  policies that  improve Alaska's  business climate.                                                                    
     Efficient,  predictable  and common  sense  regulations                                                                    
     and permitting  processes are  integral to  creating an                                                                    
     environment  in  which  businesses, new  and  old,  can                                                                    
     succeed.  Each Fall  Alaska Chamber  members gather  to                                                                    
     set its legislative agenda for the following year.                                                                         
                                                                                                                                
     For the  past several  years in  a row,  including this                                                                    
     year,  Alaska  Chamber  members have  expressed  strong                                                                    
     support  for  Alaska's  policies and  regulations  that                                                                    
     guide development  of Alaska's natural  resources while                                                                    
     protecting Alaska's  environment. At the same  time, we                                                                    
     have  also   advocated  for  streamlining   those  same                                                                    
     regulations   and  policies   where  bureaucratic   and                                                                    
     business efficiencies can be gained.                                                                                       
                                                                                                                                
     In regard  to the Fraser Institute's  study, referenced                                                                    
     earlier  today  in testimony,  internationally,  Alaska                                                                    
     ranks just below Kazakhstan and  just above Columbia in                                                                    
     regard   to    uncertainty   concerning   environmental                                                                    
     regulations.  In regard  to regulatory  duplication and                                                                    
     inconsistencies  Alaska ranks  below Honduras  and just                                                                    
     above Niger. Alaska Chamber  members believe Alaska can                                                                    
     do better!                                                                                                                 
                                                                                                                                
     The Alaska  Chamber supports  the provisions  within HB
     77/SB26   because  they   provide  clarity,   eliminate                                                                    
     unnecessary processes, and  modernize statutes based on                                                                    
     the  experience   gained  over  many  years   from  the                                                                    
     professional  staff within  the  Department of  Natural                                                                    
     Resources.                                                                                                                 
                                                                                                                                
     It is our belief that HB  77 is a common sense piece of                                                                    
     legislation  that   should  receive   broad  bipartisan                                                                    
     support. Thank you for the  opportunity to testify this                                                                    
     afternoon.                                                                                                                 
                                                                                                                                
2:58:47 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SADDLER  inquired  as  to where  in  the  Alaska  State                                                               
Chamber's priority list was permitting ranked.                                                                                  
                                                                                                                                
MS. PETRO  answered that permitting  was ranked number 2  in over                                                               
25 priorities.   She noted that  permitting has long been  one of                                                               
the Alaska  State Chamber's priorities.   In further  response to                                                               
Co-Chair  Saddler, Ms.  Petro confirmed  that  membership of  the                                                               
Alaska  State  Chamber  of  Commerce is  not  just  the  resource                                                               
industry  but   all  aspects  of  state   business  and  economic                                                               
activity, that is all sectors of the economy.                                                                                   
                                                                                                                                
2:59:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  asked whether there is  a separate statistic                                                               
for permitting from the Fraser Institute's study.                                                                               
                                                                                                                                
MS.  PETRO said  she could  not answer  that question,  but noted                                                               
that  the Fraser  Institute study  has multiple  sub-rankings, of                                                               
which she referred  to two.  She informed the  committee that the                                                               
Fraser Institute  study is on-line and  there is a link  to it on                                                               
the  Alaska  State  Chamber's  web  site  or  she  could  forward                                                               
interested members a copy.                                                                                                      
                                                                                                                                
3:00:33 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE kept public testimony open and held over HB 77.                                                                  

Document Name Date/Time Subjects
HB04 AMA Letter.pdf HRES 2/6/2013 1:00:00 PM
HB 4
HB04 Leg Audit ANGDA Summary.pdf HRES 2/6/2013 1:00:00 PM
HB 4
HB04 Leg Audit ANGDA.pdf HRES 2/6/2013 1:00:00 PM
HB 4
HB 77 AK State Chamber.pdf HRES 2/6/2013 1:00:00 PM
HB 77
HB77 Archibald-SEACC.PDF HRES 2/6/2013 1:00:00 PM
HB 77
HB77 Laura Stats.PDF HRES 2/6/2013 1:00:00 PM
HB 77
HB77 RDC.pdf HRES 2/6/2013 1:00:00 PM
HB 77
HB77 Sullivan - SEACC.PDF HRES 2/6/2013 1:00:00 PM
HB 77