Legislature(1995 - 1996)
03/22/1995 03:50 PM Senate RES
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SRES - 3/22/95
HB 169 DEPT. NAT RES. IS LEAD AGENCY FOR MINING
The committee took up HB 169. ROD MOURANT, legislative assistant
to Representative Kott, testified for the sponsor. HB 169 defines
the Department of Natural Resources (DNR) as the lead agency for
permit processing and development of the mining industry. DNR will
act as a coordinating and contact agency for mining companies to
obtain information on the status and requirements of their
activities. This measure was recommendation number five in the
Alaska Minerals Commission 1995 report. The applicant would meet
with DNR and define the project; DNR would appoint a team leader
who defines the scope of the project and determine participating
agencies, who then appoint agency coordinators. The applicant
would then meet with personnel to develop a work plan and time
frame. This method will be less expensive for the applicant, but
should the applicant not meet the work plan requirements, the
project would revert to the normal project process, and would no
longer be handled on an expedited basis.
MR. MOURANT explained the committee substitute addresses department
concerns that the legislation implied that DNR would take over
statutory requirements of other departments. That was not the
intent of the sponsor, therefore the language, "and, in its
capacity as lead agency, shall coordinate all regulatory matters
concerning mineral resource exploration, development mining and
associated activities," on lines 6-8, page 1, was added.
LEN VERELLI, Director of the Air and Water Quality Management
Sections at the DEC, stated the language added to the committee
substitute is satisfactory to DEC.
NEIL MACKINNON stated CSHB 169 (RES) is one of the AMC's
recommendations. He commented as a small mine operator, he would
prefer to go to one agency for information, and to have one person
accountable for that information.
Number 523
JULES TILESTON, Director of Mining and Water Management, DNR, gave
the following testimony. The administration has not yet taken a
position on CSHB 169(RES), but he believes the amendments will
resolve the administration's concerns. The Alaska Minerals Policy
Commission reviewed the Fort Knox project in Fairbanks and
determined the effectiveness of the project was due to the fact
that DNR assigned a senior staff member, familiar with the
permitting process and agencies, to coordinate the process. DNR
has expertise in mining, water management, and reclamation,
statewide; the Division of Governmental Coordination (DGS) provides
technical expertise on mining related issues; the Division of Lands
deals with tidelands; and the Plants Materials Center contains the
state's reclamation experts. The word "coordinate" will not mean
that DNR will take on the permitting or regulatory authorities of
other entities; nor can it arbitrarily or capriciously direct
another entity to do something against its laws or regulations.
The term does imply that evaluations, decisions, and processes be
uniformly applied to mining operations throughout Alaska. He noted
AS 27.19.010(d) is another way of solving the problem; it prevents
DNR's ability to usurp or modify other agencies' authorities and
responsibilities.
Number 570
SENATOR TAYLOR asked how the bill could be redrafted to usurp the
authority of the other departments. MR. TILESTON remarked he has
worked on the permit process of major projects in the state for 25
years and believes it is critical to provide strong leadership and
a consistent approach to the permitting process.
TAPE 95-24, SIDE B
SENATOR TAYLOR commented he believes when the competing entities
are forced to sit with, and justify, their capricious activities to
their colleagues, they have to acknowledge the rules and
regulations of the other entities involved.
Number 570
SENATOR LINCOLN asked what the DGC's function is.
GLEN GRAY, project analyst with the DGC, stated DGC plays a similar
coordinating role with coastal zone projects as DNR would under
CSHB 169 (RES) with mining projects. If two or more state permits,
or one federal permit, are required for coastal zone projects, DGC
coordinates those reviews.
Number 557
SENATOR PEARCE asked what "hammer" DGC has when an agency is being
obstructive. MR. GRAY replied final deference is given to the
specific agency that has responsibility for that resource. If an
agreement is not reached, the DGC makes its best guess and writes
a consistency determination which can be appealed by the agencies.
SENATOR PEARCE commented the Shepard's Point road project that was
mandated by Judge Holland in an agreement between the federal
government, the state, and the Alyeska plaintiffs, is not
progressing. She stated permits are not forthcoming; part of the
problem is the U.S. Corps of Engineers, but the DF&G is unwilling
to issue permits because they feel the project is unnecessary. She
questioned the need for DGC if they cannot fulfill the requirements
of a court ordered project. MR. GRAY responded he was not familiar
with that project.
Number 518
SENATOR LINCOLN asked if the coordinating functions of DGC and DNR
will overlap if CSHB 169(RES) passes. MR. GRAY answered the bill
would require that DGC, when it coordinates such a review, would
involve DNR. DNR would act as the lead agency; DGC would
coordinate the review.
SENATOR LINCOLN asked for clarification of the agency roles. MR.
GRAY explained DGC would still provide the permitting coordination;
and would work closely with the lead agency regarding DNR's
concerns.
Number 518
SENATOR LINCOLN questioned Mr. Gray's opinion of CSHB 169(RES).
MR. GRAY felt the word "coordinate" created confusion. To his
understanding, this bill would not affect the authority of any
other agency, therefore it would not create a problem for DGC
because DGC would still coordinate reviews within the coastal zone.
The bill would ensure that DGC work with DNR in the permitting
process.
SENATOR LINCOLN requested the committee provide a letter of intent
to clarify that CSHB 169(RES) was not designed to permit DNR to
function for other departments.
SENATOR TAYLOR stated the legislation implies DNR will be the lead
agency, therefore they need to lead other agencies. SENATOR
LINCOLN did not feel CSHB 169(RES) clarifies the situation
described by Senator Taylor. She stated the testimony differed.
SENATOR HOFFMAN asked for Mr. Mourant's understanding of the
delineation of functions under CSHB 169(RES). MR. MOURANT
explained the word "coordinate" means just that; there is no change
of authority intended by the measure. The regulatory and statutory
authorities of DEC, DF&G, DGS, and DNR will remain in those
agencies as specified in regulation and statute. The only purpose
of CSHB 169(RES) is to provide a single contact point for mining
applicants to get advice, coordinate, and find out the status of
their projects. It is a method of expediting a bureaucratic
process.
Number 488
SENATOR HOFFMAN questioned DF&G's comments on the fiscal note. MR.
MOURANT replied the fiscal note was not provided to the sponsor,
therefore he was unable to comment.
Number 458
SENATOR TAYLOR remarked in both British Columbia and Alberta, the
government decides whether the project will occur, and directs its
agencies to provide solutions to any problems. In Alaska, the
agencies are asked to bring all problems to the table to shut the
project down. He felt Alaska to be approaching the problem in a
backward manner. He added if CSHB 169(RES) creates a "one stop
shopping" system for mining applicants, that system will not be
expeditious if every agency creates blocks to the process. He
noted it has taken longer to obtain the initial permits on the AJ
mine than it took to win World War II.
Number 443
MR. MOURANT indicated there are many matters regulated by DF&G that
are of no interest to the mining community. DF&G would coordinate
its regulatory authority with DNR on only those matters affected by
the application.
SENATOR LINCOLN asked if there would be committee objection to
DEC's recommended language that further states that Section 1 does
not alter or diminish the authority of another state agency under
its laws and regulations.
SENATOR LEMAN did not believe the language to be necessary.
MR. MOURANT explained HB 169 was initially amended because of that
concern, and that language was developed in coordination with the
affected agencies, who now seem to feel further clarification is
necessary.
SENATOR LEMAN announced CSHB 169(RES) would be held until Monday.
He also announced the next Senate Resources Committee meeting would
be held on Friday; SB 69 and SJR 20 are scheduled. The
subcommittee on SB 130 will meet on Thursday at 1:00 p.m. in the
Beltz Room. He adjourned the meeting at 4:50 p.m.
| Document Name | Date/Time | Subjects |
|---|