Legislature(2003 - 2004)
01/20/2004 03:35 PM Senate STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 190-KENAI RIVER SPECIAL MANAGEMENT AREA
CHAIR GARY STEVENS announced SB 190 to be up for consideration.
He advised that committee substitute (CS) 23-LS0961\H was
offered and asked for a motion to adopt it as the working
document.
SENATOR GRETCHEN GUESS motioned to adopt the \H version of SB
190 as the working document. There was no objection and it was
so ordered.
CHAIR GARY STEVENS asked Senator Wagoner to step forward.
SENATOR THOMAS WAGONER, sponsor, introduced Amy Seitz and said
that she worked on SB 190 when she was staff to Representative
Lancaster.
He explained that the issue has some history. In 2001,
Representative Lancaster introduced a bill to add nearly 8,000
acres to the Kenai River Special Management Area. Because of
problems with a federal energy regulation commission, 3,500
acres in the Kenai Lake area were removed. In subsequent
hearings, the acreage was further reduced to 536 acres, most of
which were acquired as habitat recreation lands with Exxon
Valdez Oil Spill (EVOS) money.
SENATOR WAGONER pointed out that SB 190 includes the provision
that makes agency personnel ex officio or non-voting members.
State and federal employees are valuable for their expertise,
but he said he firmly supports the concept of a true citizen's
advisory council.
CHAIR GARY STEVENS clarified that the only difference between
the original bill and the \H version is the composition of the
advisory board. The change is on page 5, lines 11-13 and says
that employees, elected officials or representatives of a state
or federal government who were members of the advisory board
would serve as ex officio or non-voting members.
SENATOR GRETCHEN GUESS noted that "adjacent to the Kenai River"
was added after "municipalities" on page 5, line 9 to clarify
that the advisory board represents specific municipalities.
SENATOR WAGONER advised that provision was added to preclude the
difficulty the Aquaculture Association experienced when an
interpretation became too broad.
SENATOR JOHN COWDERY commented that catching a salmon fishing on
the Kenai River is a large industry.
SENATOR WAGONER agreed saying it's a big part of the summertime
economy of Kenai, Soldotna and the upper river area. In
particular, the upper river area is becoming world known for
float trips and fly-fishing and the resource needs to be
protected.
He pointed out that SB 190 is basically the same bill that the
Senate Resources Committee passed in 2002 [HB 165] at which time
there was considerable public comment regarding adding land to
the Kenai River Special Management Area. He noted that most of
the land under consideration is not suitable for development
because of wetland issues, but any additional development on the
Kenai River threatens the continued viability of the salmon
runs.
To address the concern regarding removing federal and state
employees from the board, he pointed out that they were made ex
officio members and would continue to provide expertise and
guidance. He described the bill as " all in all, a pretty good
bill " and noted that the controversial lands had been removed.
He asked if there were any questions.
CHAIR GARY STEVENS referred to page 5, lines 2-5 and asked for
clarification that this allows for oil and gas leasing.
SENATOR WAGONER asked that Department of Natural Resources (DNR)
representative to elaborate.
CHAIR GARY STEVENS announced that Gary Morrison and Pete
Panarese from Anchorage and Chris Degernes from Soldotna were
available via teleconference and asked whether any of the men
would like to address oil and gas questions.
PETE PANARESE, Division of Parks and Outdoor Recreation, DNR,
reported that he reviewed the language in the CS and determined
that the wording was simply reworked to make a more readable
document.
CHAIR GARY STEVENS observed that the bill states that oil and
gas leasing is open on the lands and follows state law.
MR. PANARESE agreed saying, "The state lands."
SENATOR GUESS asked Senator Wagoner to explain the duties and
authority of the Kenai River Special Management Area Advisory
Board.
SENATOR WAGONER acknowledged that he wasn't an expert and was
carrying the bill at Representative Lancaster's request. He said
he knows they are instrumental in reviewing the Kenai River
system from the mouth up through Kenai Lake. They work closely
with the Division of Parks and Outdoor Recreation and the Kenai
River Center. It is a user group advisory board that is composed
of citizens at large, commercial fishermen, and sport fishing
guides. With regard to their exact authority, he admitted he was
unsure because most of the actual enforcement and regulation
authority rests with the state parks.
SENATOR GUESS referred to page 5, line 9 and asked if there is a
definition for "user groups" in the by laws so that it would be
easier to determine who is and is not a user group.
SENATOR WAGONER said that user groups are those that he
previously defined: the general public including several
municipalities, sports fishing guides, and commercial fishermen.
"That pretty well covers the whole gauntlet of those of us who
are interested in preserving the pristine beauty and viability
of the Kenai River system and the fish runs that are in it."
Also, the board members are appointed every four years and half
are rotated every two years.
SENATOR GUESS asked for elaboration regarding why areas were
removed from Representative Lancaster's original bill and why
some of the lands were controversial.
SENATOR WAGONER said the largest controversy was with Chugach
Electric and related to access to the flume, the road, and the
rights of way. Also, some land was to be purchased or traded,
but the state is no longer purchasing additional property to
include in reserves.
SENATOR GUESS asked if it was correct that those lands were
included initially because they were important to the river
system.
SENATOR WAGONER said they were undeveloped properties and it was
desirable to keep them that way. He admitted that he agreed to
carry the bill with the EVOS lands because they were lands that
the state had already purchased and it would protect them from
future development.
SENATOR GUESS questioned whether some of the land that was
excluded is critical to ensure the habitat of the Kenai River
system.
SENATOR WAGONER opined they aren't as critical as they used to
be because development restrictions are more stringent than they
used to be. He stated that he isn't interested in controlling
what another person may do with their property, but property
rights on the Kenai River affect far more people than just those
along the river. It is a valuable system and no one wants to
lose it.
SENATOR GUESS asked if there is a reason for the immediate
effective date.
SENATOR WAGONER replied it isn't a burning issue and continued
to describe this as a non-partisan issue.
SENATOR BERT STEDMAN noted that SB 190 applies to just 536
acres, but that it has a broader reach, as it would protect the
Kenai River for generations to come.
SENATOR WAGONER agreed.
SENATOR STEDMAN asked that Senator Wagoner explain the EVOS
acronym and how it relates to the Exxon Valdez.
SENATOR WAGONER explained that EVOS stands for Exxon Valdez Oil
Settlement. Close to a $1 billion settlement was reached between
Exxon, the State of Alaska and the federal government. A large
percentage of that money was used to buy private sector lands
and return them to the state, but the current governor halted
the practice.
SENATOR STEDMAN observed that these lands would be held in
perpetuity as untouched lands for future generations to enjoy.
SENATOR WAGONER agreed and said that although most of the lands
are wetlands or have wetlands on them, SB 190 ensures their
protection by placing them in the park system.
CHAIR GARY STEVENS called on Ted Wellman to give testimony.
TED WELLMAN from Anchorage testified via teleconference. He
advised that he was speaking for himself, but that he has served
on the Kenai River Special Management Area Advisory Board for
eight years. He spoke in support of the bill with regard to the
acreage, but disagreed with making some of the members ad hoc.
Initially he was not in favor of allowing agency members to vote
but has since changed his mind. They have a stabilizing quality
and provide regular and ongoing information to the board. He
expressed concern that a special interest group might gain
control of the board and drive it in the wrong direction.
MR WELLMAN stated no objection to the Department of Natural
Resources and the Department of Fish and Game having no vote
because they are "too close." However, he believes that the
refuge and Forest Service should be voting members because they
prevent any user group among the public members from gaining
control of the board. In his eight years on the board, there was
no problem with the agencies voting and he could recall no
instance in which the agency member made a determining vote.
To clarify any misunderstanding, he explained that the Chugach
Electric property was a small part of the land selected for
inclusion in the park. Most of the land slated for inclusion did
not have to be purchased. There was some objection about
commercial development around Kenai Lake and after an extensive
public process, the board recommended including the areas in the
park to protect the river. In particular, exchanges regarding
commercial and non-commercial development in the Cooper Landing
area were fiery, but the board thought that commercial
development was incompatible with the river.
He expressed pleasure that SB 190 would add 536 acres, but
stated his belief that the other land should be included as
well. He then acknowledged that Chugach Electric's objections
were legitimate. He said he would be happy to answer questions
about how the board works.
CHAIR GARY STEVENS asked Mr. Wellman to comment on the board
responsibilities and what it accomplishes.
MR. WELLMAN explained that in the mid 1990s, the board was
charged with redeveloping the comprehensive plan for the Kenai
River. They did so through an extensive public hearing process.
The plan addresses all activity on the river. They review and
comment on permit applications for building on the river, they
participate in water quality monitoring studies, they review
enforcement issues related to guiding activities, they advise
the park on guide stipulations and numbers, and they review and
comment on any other uses related to the river that might affect
the public. Generally, they are very active and aggressive in
protecting the river.
4:00 pm
CHAIR GARY STEVENS asked Mr. Vincent-Lang to give testimony.
DOUG VINCENT-LANG, Department of Fish and Game, testified via
teleconference to say that the land under discussion was
specifically purchased to be set aside. They are EVOS purchases
and most are wetlands that form critical habitat to sustain the
fisheries.
SENATOR WAGONER remarked that Mr. Wellman brought up a point
that might benefit from additional clarification. The water
quality study on the Kenai River that the Department of
Environmental Conservation (DEC) was involved in was not funded
last year. He advised that he is working to re fund that program
so that the water quality study can be completed in the next
year or two.
SENATOR GARY STEVENS noted that the bill would move to the
Senate Resources Committee next. Fiscal notes from the
Department of Natural Resources and the Department of Fish and
Game were attached and the bill did not have a referral to the
Finance Committee.
SENATOR JOHN COWDERY made a motion to move CSSB 190(STA) from
committee with individual recommendations and attached fiscal
notes. There was no objection and it was so ordered.
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