Legislature(2013 - 2014)CAPITOL 106
03/05/2013 08:00 AM House STATE AFFAIRS
Audio | Topic |
---|---|
Start | |
Confirmation Hearing(s): || Alaska Police Standards Council | |
HB113 | |
HCR3 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | TELECONFERENCED | ||
*+ | HB 113 | TELECONFERENCED | |
*+ | HCR 3 | TELECONFERENCED | |
+ | TELECONFERENCED |
HCR 3-JOINT COMMITTEE ON FEDERAL OVERREACH [Due to technical difficulties, there is no recording from 8:33 a.m. to 8:36 a.m. The minutes from that time are reconstructed from the secretary's log notes.] CHAIR LYNN announced that the final order of business was HOUSE CONCURRENT RESOLUTION NO. 3, Establishing the Joint Committee on Federal Overreach. REPRESENTATIVE KELLER indicated he had asked that the bill be held over in order to work on it with the bill sponsor. 8:36:11 AM REPRESENTATIVE MILLETT, as sponsor, presented HCR 3. She talked about federal overreach in Alaska and said the intent of the proposed concurrent resolution is to make up a committee of legislators that will focus on "things that affect our ability as Alaskans." She opined that policy put forth by President Obama does not "fit into Alaska's lifestyle or heritage." She listed other problems the state has had with the federal government, including: the Environmental Protection Agency (EPA) not issuing air permits; the problems the state has faced in getting Shell up to the outer continental shelf (OCS) to drill; and problems getting permits to build a bridge across the Coldwell (ph) River. She expressed feeling like Alaska is constantly under attack by the federal government. She said, "Where we're supposed to be a cohesive part of the United States, I feel like we're always on the deep end." The job of the committee that would be established under HCR 3 would be to determine what Alaska's priorities are and where the federal government has [overreached]. Representative Millett stated that it seems as if because the East Coast has been over developed, the federal government feels like Alaska should be its own national park and playground. She said that "goes against everything we agreed to when we became a state." 8:39:11 AM REPRESENTATIVE MILLETT stated that federal encroachment is on every level. She said the discussion is not about seceding; it is about creating a level playing field and "having our voices heard." The proposed committee would not only inform the legislature as to what issues to "stay on top of," but would also work with the Office of the Attorney General. She said she thinks this is where she and Representative Keller, who works with the Citizens Advisory Commission on Federal Areas (CACFA), can have a symbiotic relationship and "make sure that we're united when we talk to people in the federal government about Alaska's issues." She said the bill would require a report of from the proposed committee by January 15, 2014, with recommendations on how to curb federal overreach. REPRESENTATIVE MILLETT mentioned a group called the [Energy Producing States Coalition (EPSC)] and discussions among the western states regarding the Endangered Species Act, land use, and land permitting. She said Senators Murkowski and Begich have addressed the issue of federal overreach. She used No Child Left Behind as an example of federal overreach into Alaska that "did not fit Alaska." She mentioned "national oceans policy coming down the pike," which she said is "not going through Congress," but is "actually going through a backdoor regulatory process through the Appropriations Committee" and will control where docks can be built and where fishing can take place. She said there are 23 agencies involved with this policy and Alaska does not have a voice in the design of that program. She stated her belief that getting the House and Senate together to discuss federal overreach and create a united front against it is very important. She said she would like to afford the opportunity for a group to come up with solid recommendations that the legislature can work on next session. She indicated that those recommendations could be how to improve communications with the federal government or to suggest legislation that would [prevent federal overreach]. 8:43:48 AM REPRESENTATIVE KELLER opined that the bill sponsor has hit upon a critical need for Alaska's state government to have a central focal point on federal issues. He offered his understanding that under former Governor Hickel's administration, there used to be a division within the Department of Law (DOL) that dealt with this issue. He posited that "we" must work closely with several agencies, including DOL and the Department of Natural Resources (DNR). Representative Keller listed the following entities and people currently focused on and/or in support of preventing federal overreach: a lawyer within DOL concerned with R.S. 2477 issues; the current attorney general and his predecessor; the Alaska National Interest Lands Conservation Act (ANILCA) team, which keeps an eye on "things related to ANILCA"; a unit working on the navigability of waters; and CACFA, located within DNR. 8:46:15 AM REPRESENTATIVE KELLER said there is a staggering amount of material related to federal overreach, and he opined that clarifying the focal point, as the sponsor discussed, would increase efficiency. He said one of the only options the state has to address federal overreach is litigation; CACFA makes recommendations to the Office of the Attorney General regarding law suits and provides information for briefs. He said CACFA looks for opportunities for public comment, but the comment period is often too short and the public comment "isn't recruited from a broad spectrum of the state" and may not reflect the varied views of all Alaskans. 8:48:09 AM REPRESENTATIVE KELLER mentioned a handout in the committee packet [dated January 16, 2013], which provides a link to all the compendiums for the National Park Service. He talked about superintendents of national parks making rules that unintentionally limit Alaska's access to its own natural resources. He suggested viewing CACFA's annual reports on the Internet in order to get an idea of "the scope of the problem." He mentioned an open summary brief on "the Sturgeon case," which "really gives a good description of ANILCA and the challenge that we have in that area." He said [CACFA] has been working to determine what the best central focal point is, and "at this point that's unclear." 8:51:06 AM JOHN LEWIS, Individual Member, Alaska Support Industry Alliance (ASIA), relayed that he is a project management consultant with approximately 39 years of experience in the industry. He said he is testifying in support of HCR 3, "monitoring the federal government to stop or slow down their overreach into the state of Alaska." He said [federal overreach] has become a critical component of resource development in Alaska. He opined that federal overreach has numerous impacts. For those working in the natural resource industry, federal overreach can mean project delay or denial, which has significant impact on jobs. He said a recent statewide study indicates that the majority of Alaskans see jobs and the economy as the most important issues facing Alaska today. When the federal government imposes critical habitat designations, either through the Endangered Species Act or by imposing Arctic drilling moratoriums, it hurts Alaska's economy and reduces the number of jobs available to Alaskans. He gave further examples. Mr. Lewis continued as follows: An economic profile of this support industry shows that our companies pay $2 billion in annual wages in the state of Alaska and employ more than 10 percent of Alaska's total workforce. When the federal government uses executive orders to take action against Alaska, without any congressional or public review, they are limiting our ability to employ Alaskans and continue to put billions of dollars into Alaska's economy via the wages. MR. LEWIS posited that HCR 3 is a good first step in addressing this issue. He said he looks forward to assisting the committee that would be established under the proposed legislation. 8:53:37 AM REPRESENTATIVE ISAACSON said he supports HCR 3, but asked Mr. Lewis how effective he thinks the proposed committee would be in achieving "the aims" of [ASIA] and the intent of HCR 3. MR. LEWIS indicated that the effectiveness of the committee will depend on the committee. He said the alternative is to not do anything and "just sit back and let this happen," which he opined would not be a wise choice. He said he thinks the bill sponsor and Representative Keller are on the right track. He said he and ASIA support the proposed legislation. In response to Representative Isaacson, he confirmed the role of the alliance is to assist the legislature in "helping the industry and helping ourselves to keep the business going." 8:56:03 AM CHAIR LYNN remarked that the legislature, with only a 90-day session in which to address all issues, can use all the help it can get. 8:56:27 AM JOE MATHIS, Founding President, Alaska Support Industry Alliance (ASIA); Board Member, Ameritide (ph); Vice President, External Affairs, NANA Development Corporation, explained that NANA Development Corporation is the business arm of NANA Regional Corporation, owned by 12,500 Inupiat people that originated in Northwest Alaska. He continued as follows: NANA exists to improve the quality of life for our people, in part by maximizing economic growth, and protecting and enhancing our land. Resource development ... is the underpinning of NANA's operations in Alaska, from our ownership of the Red Dog Mine to our subsidiaries that provide engineering, construction, and a wide range of support services to the oil and gas industry. Like many businesses that operate in Alaska, we have struggled to develop our resources economically, given the outside impact of the federal government. ... The sheer size of the federal government's land holdings in Alaska give[s] us fewer opportunities to create economic value through resource development, real estate, or by other means. Our region is hemmed in on all sides by federal parks, preserves, and monuments, which hampers access to our lands and resources. The National Environmental Constituency that feels that they own these set aside lands brings frivolous lawsuits, negative publicity, and misplaced activism that hinders development. The layers upon layers of required federal permits and the slow pace of federal permitting can delay economic projects for years and in many cases make commercially viable projects uneconomic. Authors Meyers and Kent have coined the term, "environmental" or "conservation refugees," and that definition is: ... "persons who no longer gain a secure livelihood in their traditional homelands because of what are primarily environmental factors of unusual scope. In the context of that definition, I would propose that the federal government has created environmental factors of unusual scope through its agencies. In short, federal overreach is creating environmental refugees in rural Alaska and Native communities. People in the NANA region have become conservation refugees, because access to NANA lands and resource development is restrained by the federal ownership of the majority of land that surrounds NANA land, which has been designated as national parks and monuments. One would have to seriously question that if we built the Red Dog Mine today, whether or not it would happen in a time period that would be attractive to investors. 9:00:03 AM MR. MATHIS said a recent example of federal overreach is when Kent Salazar, U.S. Secretary of the Interior, denied the residents of King Cove, Alaska, access to federal land, which would have allowed them to build a road to access a year-round airport. He opined that Alaskans have the right to voice concerns over federal actions that create "refugees in their own land" and need to be vigilant in doing so. He urged the support and passage of HCR 3. CHAIR LYNN commented that having access to an airport is a matter of public safety, because an airport can be a connection to medical care. MR. MATHIS said that is correct. 9:01:09 AM REED CHRISTENSEN, Treasurer, Alaska Support Industry Alliance (ASIA), testified on behalf of ASIA in support of HCR 3. He related that he has worked for Dowland-Bach, a local manufacturing company specializing in oil field instrumentation systems, for 18 years. He said ASIA's membership crosses multiple sectors of Alaska's economy, beyond the resource extraction industry. He said other industries in which ASIA's member companies employ Alaskans include: construction, transportation, finance, insurance, real estate, education, health services, and leisure and hospitality. The combined wages of these member companies is over $1.99 billion annually. MR. CHRISTENSEN stated that ASIA supports "all six approaches to help address federal overreach," as outlined by Dan Sullivan, the commission of DNR, in his testimony before "the state Senate Affairs Committee" in January 2013. He related that the first item on Mr. Sullivan's list was to monitor activities, decisions, and litigation strategies that could infringe upon state sovereignty and the rights of Alaska citizens to create their own economic future. The third item on Mr. Sullivan's list was to build alliances with other government entities to advocate for shared rights and interests. Mr. Christensen opined that establishing [the Joint Committee on Access and Federal Overreach] could go far in supporting both approaches. MR. CHRISTENSEN stated that federal overreach harms ASIA's membership in two ways: delays and preemptive cancellation of potential projects. He said President Obama and his administration state they are for an "all of the above energy policy," but their actions do not support such claims. He said he has a difficult time believing that the administration does not realize the economic impact of delays such as the permits for ConocoPhillips Alaska, Inc., and the CD-5 development, or the drilling moratorium "that supposedly did not apply to Alaska." He said the critical habitat designation for the polar bear and the preemptive mining impact study by the EPA before a development plan has even been submitted create serious concerns for possible future projects. He said both strategies are in direct opposition to the Alaska Statehood Act, under which Alaska was promised to be able to develop its natural resources for its own economic benefit. He said he finds it ironic that a federal government that continues to overspend and produce regulations it cannot keep up with would also meddle in the affairs of Alaska. He ventured there may be some truth to U.S. Representative Don Young's remark that Washington, D.C., would like Alaska to become "a national park for the rest of the country to come visit while they're on vacation." He said ASIA does not share this view, and it considers the creation of a joint committee a small step in the right direction toward curbing federal overreach. He requested that the committee let the alliance know how it can be of help. 9:04:59 AM REPRESENTATIVE KREISS-TOMKINS asked Mr. Christensen if, from an industry perspective, it would be helpful to appoint non- legislative members to the proposed joint committee. MR. CHRISTENSEN suggested one advantage might be that someone in the industry could bring to the attention of the legislature projects that the industry is concerned are being derailed or delayed by the federal government. 9:06:40 AM VASILIOS GIALOPSOS, Staff, Representative Charisse Millett, Alaska State Legislature, on behalf of Representative Millett, sponsor, referred to Representative Isaacson's previously stated concern and said because session is only 90 days, and because committees have many other issues to address, time is of the essence. He emphasized the importance of having a committee that can focus on one issue and "triage these priorities." He questioned how the outcome for King Cove would have changed if the proposed committee had already existed. CHAIR LYNN remarked upon the variety of issue heard by legislative committees, and he said he thinks having a committee focused solely on federal overreach may be helpful to the process. REPRESENTATIVE KELLER questioned the proposed sunset of 2015, because he said he does not see "our problems going away that quickly." MR. GIALOPSOS said the reason the bill sponsor included a sunset clause was to give future legislatures the ability to modify the legislation. CHAIR LYNN emphasized that Alaska is a sovereign state, not a colony to be controlled by the federal government. 9:11:37 AM CHAIR LYNN, after ascertaining that there was no one else who wished to testify, closed public testimony. He stated he may reopen public testimony at the next bill hearing. CHAIR LYNN announced that HCR 3 was held over.
Document Name | Date/Time | Subjects |
---|---|---|
Police Standards - Mew #3.pdf |
HSTA 3/5/2013 8:00:00 AM |
Governor's Appointee - Mark Mew - Alaska Police Standards Council |
01 HB113 28-LS0442U Fire Standards Council.pdf |
HSTA 3/5/2013 8:00:00 AM |
HB 113 |
02 HB 113 Sponsor Statement.pdf |
HSTA 3/5/2013 8:00:00 AM |
HB 113 |
03 HB113-DPS-FLS-02-28-13.pdf |
HSTA 3/5/2013 8:00:00 AM |
HB 113 |
01 HCR003A.pdf |
HSTA 3/5/2013 8:00:00 AM |
HCR 3 |
02 HCR 3 Sponsor Statement.pdf |
HSTA 3/5/2013 8:00:00 AM |
HCR 3 |
04 HB 113 Alaska Fire Standards Council Information.pdf |
HSTA 3/5/2013 8:00:00 AM |
HB 113 |
05 HB 113 AFSC Roster.pdf |
HSTA 3/5/2013 8:00:00 AM |
HB 113 |
06 HB 113 Standards Certification Levels.pdf |
HSTA 3/5/2013 8:00:00 AM |
HB 113 |
03 HCR3v2 3-2-13.pdf |
HSTA 3/5/2013 8:00:00 AM |
HCR 3 Revised Fiscal Note |