Legislature(2009 - 2010)BUTROVICH 205
04/15/2010 03:30 PM Senate RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| HJR49 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HJR 45 | TELECONFERENCED | |
| += | HJR 49 | TELECONFERENCED | |
| + | HB 70 | TELECONFERENCED | |
| + | TELECONFERENCED |
HJR 49-OPPOSING EPA CLEAN AIR ACT REGULATIONS
4:16:16 PM
CO-CHAIR MCGUIRE announced HJR 49 to be up for consideration
[CSHJR 49(RES) was before the committee].
ESTHER CHA, Staff to Senator McGuire, said that unfortunately
the sponsor of HJR 49, Representative Stoltze, wasn't able to be
here to introduce the bill; so she is doing it. She explained
that HJR 49 is a resolution disapproving the US Environmental
Protection Agencies' (EPA) intention to use the Clean Air Act to
impose climate regulations. It urges the US Congress to enact US
Senator Lisa Murkowski's SJR 26 that would disapprove the US
EPA's rule relating to the endangerment finding. The
endangerment finding is a scientific study based on six green
house gas emissions; the EPA is using it to create economy-wide
command and control regulations to force reductions in green
house gas emissions that could stifle the economic development
of Alaska.
She explained that while the EPA set out to regulate only mobile
sources, the Clean Air Act will extend the agencies' authority
to regulate all green house gas emissions including from
stationary sources. Many believe this is not the way to
accomplish this regulation and that it should be through
congressional legislation rather than through bureaucracy.
The resolution also states that the Clean Air Act does not
account for Alaska's unique circumstances including its
population, physical size, geographic location and Arctic
climate. The regulations would affect many economic areas of
Alaska and would include any areas that produce green house
gases such as Alaska's refineries, pipelines, hospitals and
other entities. The sponsor is worried that many of the major
economic drivers of the state would be impacted by any green
house gas and environmental regulations imposed by the EPA.
MS. CHA said that Senator Murkowski's resolution has drawn
strong support and is co-sponsored by 40 of her colleagues
including three Democratic senators.
SENATOR FRENCH joined the committee.
4:18:50 PM
SENATOR HUGGINS asked why Congress doesn't pass something.
MS. CHA answered that the Congress has not had the time to
develop a policy.
SENATOR MCGUIRE said Senator Murkowski's broader concern is that
because the climate change bills that were being considered by
the Senate and the House didn't pass, EPA decided to go ahead
and use its regulatory authority to create, essentially, a
legislative construct. Some people have signed on with the
belief that the policies themselves are a bad idea; some have
signed on with the belief that the federal government is over-
reaching in terms of its regulatory authority.
SENATOR STEVENS said HJR 49 makes sense, but he wanted to know
how it interacts with the Governor's news release that the State
of Alaska filed a motion to intervene in the lawsuit.
4:21:09 PM
MS. CHA replied that she had not discussed that with the
sponsor, but she assumed it is his intent to work together with
the Governor.
SENATOR FRENCH asked if they know what form the EPA's rules will
take. Have they been drafted so they know what they are opposing
and supporting?
MS. CHA replied that she wasn't 100 percent sure of that, but
she would find out.
SENATOR FRENCH said the reason he asked is because it occurred
to him that it's possible that Alaska could get a big boost out
of the right climate change bill. If the right rules put tight
restrictions on coal burning and make natural gas a preferred
fuel that would suddenly put Alaska "in the catbird seat."
SENATOR MCGUIRE responded that the broader point is who should
be in the driver's seat on making climate change policy.
4:23:37 PM
SENATOR HUGGINS said he hoped all of them would be very
concerned if for some reason the legislature couldn't pass
something and the Department of Environmental Conservation (DEC)
whose people are not elected would be in the driver's seat.
SENATOR MCGUIRE agreed.
SENATOR WIELECHOWSKI stated there is a case, Massachusetts vs.
EPA, in which the US Supreme Court ruled that the EPA can
regulate green house gases. The issue is does the EPA do
something that the federal government has not done when the
Supreme Court said they have the authority to do so? This is a
policy decision and it is a good discussion to have.
SENATOR STEVENS said he discovered the answer to his own
question, which is that the Office of the Governor filed a
motion to intervene in the lawsuit and this resolution has
nothing to do with it. This resolution just urges Congress to
enact its own legislation, and he supports that.
4:26:00 PM
CO-CHAIR MCGUIRE found no further comments and closed public
testimony.
SENATOR WIELECHOWSKI moved to report CS for HJR 49 from
committee with individual recommendations and zero fiscal note.
There being no objection, CSHJR 49(RES) moved from the Senate
Resources Standing Committee.
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