Legislature(2011 - 2012)BUTROVICH 205
03/29/2012 09:00 AM Senate STATE AFFAIRS
Audio | Topic |
---|---|
Start | |
SB206 | |
HB316 | |
HB271 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
*+ | SB 206 | TELECONFERENCED | |
+ | HB 316 | TELECONFERENCED | |
+ | HB 271 | TELECONFERENCED | |
+ | TELECONFERENCED |
SB 206-INTERSTATE MINING COMPACT & COMMISSION 9:01:53 AM CHAIR WIELECHOWSKI announced that the first bill to come before the committee would be SB 206, which would incorporate the Interstate Mining Compact in state statute and authorize Alaska to participate fully in the Interstate Mining Commission. This commission is a multi-state organization that represents the natural resource interests of its member states. It was created in 1970 with the entry by four states. Since then, 19 additional states have joined the compact, and five additional states have become associate members. Alaska is presently an associate member. This is the first hearing on the bill. SENATOR CATHY GIESSEL, sponsor of SB 206, presented an overview of the bill. She referred to a chart in members' packets, Interstate Compacts and Commissions in Alaska Statute. She noted that Alaska belongs to at least 23 interstate compacts and commissions. She explained that the bill was an opportunity to demonstrate leadership in resource development. Becoming a full member of the Interstate Mining Compact Commission (IMCC) would give Alaska voting rights. She pointed out that Alaska has a large deposit of rare earth elements, which will become an issue on the national scene in the near future. She noted the bill enjoys bi-partisan support. CHAIR WIELECHOWSKI requested a sectional analysis. SENATOR GIESSEL explained each section of the bill. She related that lines 5-7 say that the Interstate Mining Compact contained in this section is enacted into law. Article 1 finds the importance of mining to the state and proposes to support environmentally sound mining. Article 2 is the definition section. Article 3 is state programs and it ensures that a member state has adequate mining regulations. Article 4 is about powers of the commission to study, make recommendations, and gather and disseminate information on mining-relate issues. Article 5 creates the commission. Article 6 allows the commission to establish advisory, technical, and regional committees. Article 7 details how the commission's finances are to be handled. The fiscal note comes from this area. The budget is apportioned to the state members and is based on the value of mined products. CHAIR WIELECHOWSKI asked about the fiscal note. SENATOR GIESSEL said that Mr. Fogels would speak to the fiscal note. She continued with Article 8, which describes that states must enact the compact to participate and must repeal the act to withdraw. Article 9 maintains that the compact does not limit, repeal, or supersede any state laws. Article 10 provides that all phrases, clauses, sentences, and provisions are severable. She related that the bill concludes with a provision for an alternate, requirements for bylaws and amendments, and an immediate effective date. 9:10:57 AM ED FOGELS, Deputy Commissioner, Department of Natural Resources, provided information related to SB 206. He pointed out that mining activity has increased in the state. There are now seven major operating mines in Alaska, which are strong economic contributors. He opined that DNR is doing a good job of permitting those mines. He spoke of the controversy and the questioning of the permitting process. As part of a permitting review, the state has been asked to look at how it collaborates with the federal side of the permitting process, as well as finding out how other states do their permitting. He said that IMCC can help Alaska work with both of those issues. He provided the history of the state's association with IMCC. Alaska has been an associate member for six years. IMCC brings together the environmental regulatory programs and the mining programs from 24 states and is a very robust information exchange. IMCC carries the full weight of 24 states when it goes to Washington, D.C., to testify in Congress or to approach a federal agency. He gave an example of the Environmental Protection Agency (EPA) and their pending decision to provide bonding for hard rock mining. The issue relates to the Super Fund Law. Mining is the first to be considered. There is a risk if EPA takes over the responsibility for bonding for hard rock mining that it would negatively impact the state's ability to regulate mining. He stated that IMCC has done a great job of bringing mining states together to meet with the EPA in an effort to work on a solution. He said he was the governor's representative to the IMCC. 9:15:22 AM CHAIR WIELECHOWSKI asked what benefits Alaska would get from full membership. MR. FOGELS explained that after five or six years the state has to make a decision whether to become a full member because it no longer can be an associate member. He described the benefits of full membership, such as being able to vote and sit on committees. The more full members IMCC has, the more powerful the voice in Washington, DC. SENATOR PASKVAN asked how Alaska's membership contribution would rate compared to other states. He understood that 50 percent of membership dues is based on the value of the state's ores. MR. FOGELS explained that the first half of membership dues is pro-rated equally to all member states, and the second half is pro-rated base on the state's mineral valuation. He suggested asking Greg Conrad for more details. 9:18:00 AM SENATOR PASKVAN noted a favorable letter from the Council of Alaska Producers. He asked if industry contributes to the membership fees, or if there is a policy against that. MR. FOGELS reported that industry does not contribute to IMCC. It is an organization of state governments that pay dues. SENATOR KOOKESH said he was interested in more information about the dues structure. MR. FOGELS pointed out that IMCC dues would not continue to increase; the state would pay more of the share as the mining industry grows. The cap is structured on IMCC's annual budget. SENATOR PASKVAN asked if Nevada was a member. MR. FOGELS said Nevada is not a member. He related that the IMCC began with the coal states in the East Coast in the 60's and 70's. Now, Western states are associate members. Alaska is the first to consider full memberships. He said there was growing interest for IMCC in non-coal states. 9:22:22 AM SENATOR GIESSEL clarified the states' membership status using a chart. CHAIR WIELECHOWSKI asked if there are any negatives to Alaska's joining the IMCC. MR. FOGELS didn't see any downsides except for the fiscal cost. The IMCC does not bind states to anything, but is more of an advisory commission. CHAIR WIELECHOWSKI asked for examples of issues IMCC has dealt with in the past that Alaska would have wanted to weigh in on. MR. FOGELS brought up the EPA bonding issue and also issues related to the merger of the Office of Surfaces Mining with the Bureau of Land Management. The proposed merger was being conducted without state input. He also listed federal hard rock mining issues and key federal legislation, such as the Good Samaritan legislation, which would allow non-profits to clean up old mine sites. 9:25:25 AM GREGORY CONRAD, Executive Director, Interstate Mining Compact Commission (IMCC), provided information related to SB 206. He explained that in today's regulatory climate in Washington, DC, it is important for states to have a say. IMCC is an important entity when dealing with federal requirements. He listed several issues that IMCC has testified on, such as Good Samaritan Protections, stream protection requirements for surface coal mining operations, hard rock financial assurance requirements, and the impacts on the federal budget on state grant programs. He noted in IMCC's annual report, recommendations on many issues which are developed by the states. Without the input of the states, none of this would be possible. The ability to speak with one voice on common concerns gives meaning to IMCC's purpose. He addressed a specific matter as to why Alaska should become a full member of IMCC. He listed the advantages of membership: a formal vote, committee memberships, and access to communications and programs. He continued to say that Congress and federal agencies will recognize Alaska's interest in issues as a member of IMCC. He said participation opens avenues. He noted that IMCC is focused solely on mining issues. 9:30:14 AM CHAIR WIELECHOWSKI asked about financial implications to Alaska with the increase of mines in the state and how that might affect IMCC dues. MR. CONRAD explained that dues are based on the value of mineral production based on figures provided by the U.S. Geological Survey for non-coal, and by Energy Information Administration figures for coal. The dues are proportioned over two years. The dues cap is two times the equal share amount allocated among the states. For 2014 and 2015 the maximum amount any one state would pay would be $57,000. Currently, Alaska's dues would be about $35,000 to $40,000. They could increase up to the cap as it is reached. He noted that West Virginia's share was $72,000, but the cap brought them down to $57,000. He concluded that Alaska would not be one of the larger dues-paying states. 9:33:10 AM CHAIR WIELECHOWSKI asked what IMCC's total budget was. MR. CONRAD related that the information is found in IMCC's annual report, which he offered to make available. He believed that IMCC's projected expenses for FY 2014 and FY 2015 were about $520,000. CHAIR WIELECHOWSKI inquired how many staff IMCC employs. MR. CONRAD said two. 9:33:51 AM SENATOR PASKVAN asked why Nevada was not a member. MR. CONRAD reported that Nevada has made a request to its governor to join IMCC. IMCC is also working with Montana and Arizona to join. In the past, during the first 20 years, IMCC was not involved in hard rock issues. Currently, Western States have expressed an interest in becoming members. IMCC's strategic plan now includes Western States' issues. SENATOR PASKVAN asked if there have been policy issue reasons for states' not joining. MR. CONRAD related that the only concern has been related to fiscal expense, but not to policy issues. Most states realize that membership dues are reasonable. 9:37:45 AM TIM MUSGROVE, representing himself, Soldotna, Alaska, testified in support of SB 206. He urged the committee to continue responsible development of mining-related natural resources by joining IMCC as a full member. 9:38:43 AM JIM DUFFIELD, Chairman, Alaska Miners' Association, testified in support of SB 206. He said he has seen the benefits of IMCC in other states. He encouraged full membership in IMCC. CHAIR WIELECHOWSKI asked if membership would bind the state or have any negative ramifications. 9:40:09 AM ASHELY BROWN, Assistant Attorney General, Oil, Gas & Mining Section, Department of Law, answered questions related to SB 206. She replied that no new laws would have to be enacted. She referred to Article 3 which she opined is sufficient to fulfill the terms of the compact. Article 9 states that nothing in the compact shall be construed to limit, repeal, or supersede any laws of the state. She stated that the bill would not limit sovereignty. There is an option for the state to withdraw from the compact. SENATOR PASKVAN asked if IMCC was an advisory group that addresses issues of importance to the mining industry. MR. FOGELS clarified that it is an advisory body for the states, not for the industry, as they deal with mining issues. CHAIR WIELECHOWSKI closed public testimony. He set SB 206 aside.
Document Name | Date/Time | Subjects |
---|---|---|
SB 206 Full Text.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/10/2012 9:00:00 AM |
SB 206 |
SB 206 Sponsor Statement.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/10/2012 9:00:00 AM |
SB 206 |
SB 206 Sectional Analysis.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/10/2012 9:00:00 AM |
SB 206 |
SB206-DNR-MLW-03-23-12.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/10/2012 9:00:00 AM |
SB 206 |
SB 206 IMCC Back-Up - What We Do.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/10/2012 9:00:00 AM |
SB 206 |
SB 206 - Memo of Understanding.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/10/2012 9:00:00 AM |
SB 206 |
SB 206 IMCC Back-Up - Background.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/10/2012 9:00:00 AM |
SB 206 |
SB 206 Support Document-AMA Letter.PDF |
SSTA 3/29/2012 9:00:00 AM SSTA 4/10/2012 9:00:00 AM |
SB 206 |
SB 206 IMCC Back-Up - Member States.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/10/2012 9:00:00 AM |
SB 206 |
SB 206 IMCC Back-Up - Welcome.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/10/2012 9:00:00 AM |
SB 206 |
1- HB0316 ver I- Bill.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 316 |
2- HB 316 - Sponsor Statement.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 316 |
QA on HB316 memo.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 316 |
HB316-Fiscal Note-DMVA-MVA-CO-02-13-12.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 316 |
HB316-DOR-AHFC-02-10-12.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 316 |
HB316-DCCED-AIDEA-02-10-12.pdf |
SSTA 3/29/2012 9:00:00 AM |
HB 316 |
HB316-DCCED-AIDEA-02-28-12.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 316 |
7- HB 316- Rep Saddler Testimony.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 316 |
HB0316A.pdf |
SSTA 3/29/2012 9:00:00 AM |
HB 316 |
HB316 Sectional Analysis.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 316 |
CSHB 271 (TRA).pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
CSHB 271 Fiscal.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
CSHB 271(TRA) H. Floor amend 1.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
CSHB0271-1-2-022212-ADM-N.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
CSHB271 Support Renovators.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
Hb 271 Ak Truck support.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
HB 271 Fed Standard CMV.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
HB 271 NFIB Support.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
Hb 271 Norcom Operations.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
HB 271 Norcom.pdf |
SSTA 3/29/2012 9:00:00 AM |
HB 271 |
Hb 271 St. John support.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
HB 271 Vehicle classes.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
HHB 271 Support enstar.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
HB271 AGC Letter.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
HB0271A.PDF |
SSTA 3/29/2012 9:00:00 AM |
HB 271 |
HB 271 SPONSOR.pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |
HB271-DOA-DMV-2-17-12 (3).pdf |
SSTA 3/29/2012 9:00:00 AM SSTA 4/11/2012 9:00:00 AM |
HB 271 |