02/09/2006 08:00 AM House COMMUNITY & REGIONAL AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB378 | |
| HB392 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 378 | TELECONFERENCED | |
| *+ | HB 392 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE COMMUNITY AND REGIONAL AFFAIRS STANDING COMMITTEE
February 9, 2006
8:06 a.m.
MEMBERS PRESENT
Representative Kurt Olson, Co-Chair
Representative Bill Thomas, Co-Chair
Representative Pete Kott
Representative Gabrielle LeDoux
Representative Mark Neuman
Representative Sharon Cissna
Representative Woodie Salmon
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 378
"An Act designating a representative of Chilkat Snowburners,
Inc. as an ex officio member of the Alaska Chilkat Bald Eagle
Preserve Advisory Council and removing the mayor of the City of
Haines as an ex officio member of the council."
- MOVED CSHB 378(CRA) OUT OF COMMITTEE
HOUSE BILL NO. 392
"An Act authorizing the establishment of regional solid waste
management authorities."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 378
SHORT TITLE: CHILKAT BALD EAGLE PRESERVE ADV COUNCIL
SPONSOR(s): REPRESENTATIVE(s) THOMAS
01/18/06 (H) READ THE FIRST TIME - REFERRALS
01/18/06 (H) CRA, RES
02/09/06 (H) CRA AT 8:00 AM CAPITOL 124
BILL: HB 392
SHORT TITLE: SOLID WASTE MANAGEMENT AUTHORITIES
SPONSOR(s): REPRESENTATIVE(s) WILSON
01/25/06 (H) READ THE FIRST TIME - REFERRALS
01/25/06 (H) CRA, L&C
02/09/06 (H) CRA AT 8:00 AM CAPITOL 124
WITNESS REGISTER
KACI SCHROEDER-HOTCH, Staff
to Representative Thomas
House Community and Regional Affairs Standing Committee
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 378 on behalf of the sponsor,
Representative Thomas.
ROB GOLDBERG
Haines, Alaska
POSITION STATEMENT: During hearing of HB 378, suggested that the
vacant seat should be designated for a borough assembly member
in order to maintain municipal representation.
JERRY LEWANSKI, Director
Division of Parks and Outdoor Recreation
Department of Natural Resources (DNR)
Anchorage, Alaska
POSITION STATEMENT: During hearing of HB 378, answered
questions.
PETER GOLL
Haines, Alaska
POSITION STATEMENT: Expressed concerns with HB 378.
PETE LAPHAM, Member
Chilkat Snowburners
Haines, Alaska
POSITION STATEMENT: Testified on HB 378.
JOHN SCHOEN, Senior Scientist
Audubon Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified that although CSHB 378, Version
F, is a step in the appropriate direction, [Audubon Alaska]
would be more comfortable filling the vacant seat with a
representative of broad public interest rather than a special
interest representative.
BETH PELUSO
Douglas, Alaska
POSITION STATEMENT: During hearing of HB 378, recommended that
a municipal official fill the seat vacated by the mayor of
Haines.
REPRESENTATIVE PEGGY WILSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified on HB 378 and spoke as the
sponsor of HB 392.
CINDY ROBERTS, Denali Commission
Division of Community Advocacy
Department of Commerce, Community, & Economic Development
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 392.
MARLENE CLARKE
Wrangell, Alaska
POSITION STATEMENT: During hearing of HB 392, offered
suggestions.
VALERY MCCANDLESS, Mayor
City of Wrangell
Wrangell, Alaska
POSITION STATEMENT: During hearing of HB 392, related that the
City of Wrangell supports, in concept, the formation of a solid
waste authority.
JOHN BOLLING, City Administrator
City of Craig;
Member, Southeast Conference
Craig, Alaska
POSITION STATEMENT: Related that the City of Craig supports HB
392.
KATHIE WASSERMAN
Alaska Municipal League (AML)
Juneau, Alaska
POSITION STATEMENT: Related AML's full support of HB 392.
DUFF MITCHELL, Chief Operating Officer
Kake Tribal Corporation
Juneau, Alaska
POSITION STATEMENT: Testified that HB 392 might provide
economies of scale to address solid waste in the state.
DAN EASTON, Deputy Commissioner
Office of the Commissioner
Department of Environmental Conservation (DEC)
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 392.
RUTH HAMILTON HEESE, Assistant Attorney General
Environmental Section
Civil Division (Juneau)
Department of Law
Juneau, Alaska
POSITION STATEMENT: During hearing of HB 392, answered
questions.
JOHN WATERHOUSE
(No address provided)
POSITION STATEMENT: Urged the committee to pass HB 392.
ROLLO POOL, Executive Director
Southeast Conference
Juneau, Alaska
POSITION STATEMENT: Urged the committee to pass HB 392.
ACTION NARRATIVE
CO-CHAIR KURT OLSON called the House Community and Regional
Affairs Standing Committee meeting to order at 8:06:59 AM.
Representatives Olson, Thomas, Kott, LeDoux, and Neuman were
present at the call to order. Representatives Cissna and Salmon
arrived as the meeting was in progress.
HB 378-CHILKAT BALD EAGLE PRESERVE ADV COUNCIL
8:07:22 AM
CO-CHAIR OLSON announced that the first order of business would
be HOUSE BILL NO. 378, "An Act designating a representative of
Chilkat Snowburners, Inc. as an ex officio member of the Alaska
Chilkat Bald Eagle Preserve Advisory Council and removing the
mayor of the City of Haines as an ex officio member of the
council."
8:07:28 AM
CO-CHAIR THOMAS moved to adopt CSHB 378, Version 24-LS1486\F,
Kane, 1/25/06, as the working document. There being no
objection, Version F was before the committee.
8:07:46 AM
KACI SCHROEDER-HOTCH, Staff to Representative Thomas, House
Community and Regional Affairs Standing Committee, Alaska State
Legislature, paraphrased from the following written sponsor
statement [original punctuation provided]:
The Alaska Chilkat Bald Eagle Preserve was created by
the State of Alaska in 1982. The preserve, located
along the Haines Highway, was created to protect the
world's largest concentration of Bald Eagles and their
habitat. Along with the large eagle population, the
preserve is home to five species of salmon that spawn
in the surrounding streams and tributaries.
At the heart of the Eagle Preserve, between 18 and 24
mile of the Haines Highway, is the main viewing area
for eagle watchers. This area hosts a particularly
large concentration of eagles due to the availability
of salmon and open water in the winter months.
In order to protect the sanctity and utility of the
Eagle Preserve, the Alaska Bald Eagle Preserve
Advisory Council was created. The council consists of
12 seats representing local, state, environmental,
traditional, and commercial interests. One of these
seats is dedicated to the Haines City Mayor. However,
the City of Haines and the Haines Borough have since
consolidated leaving the seat for the Haines City
Mayor open. CSHB 378 designates this open seat to a
person who represents a recreational use who has been
appointed by the Haines Borough Mayor.
8:08:55 AM
CO-CHAIR THOMAS informed the committee that he is presently the
chair of the Chilkoot Indian Association, and therefore fills
one of the designated seats on the Alaska Bald Eagle Preserve
Advisory Council ("Council"). However, he said that he hasn't
attended any of the meetings.
8:09:17 AM
CO-CHAIR THOMAS related that there was enough response in regard
to designating that the vacant seat would be filled by the
Chilkat Snowburners, Inc. as specified in the original
legislation [that it has been changed to refer to a "Haines
nonprofit recreational group"]. Furthermore, Version F
specifies that the borough mayor will select the nonprofit user
group. He noted that the borough itself could qualify as a
recreational nonprofit user group. Co-Chair Thomas recalled
that there was a suggestion to have the fishing industry
represented on the Council, to which he pointed out that the
Council already has representation from the following: three
Native groups that protect subsistence user groups; U.S. Fish
and Wildlife; Alaska Department of Fish & Game (ADF&G);
Department of Parks and Outdoor Recreation; and Department of
Natural Resources (DNR). He reminded the committee that there
is no logging or any development within the preserve, and
therefore he opined that it would be best to fill the vacant
position with a group that is in [and uses] the Alaska Chilkat
Bald Eagle Preserve ("Preserve").
8:12:04 AM
REPRESENTATIVE CISSNA inquired as to the other members of the
Council.
CO-CHAIR THOMAS specified that the Council consists of a
commercial user group; an environmental group; three Native
groups, a representative from ADF&G; a member of the Upper Lynn
Canal Fish and Game Advisory Committee; the Mayor of Haines; a
representative from the U.S. Fish and Wildlife Service; a
representative of business and industry; and a representative of
the Division of Forestry. This legislation merely fills a
vacancy created by the consolidation of the City of Haines and
the Haines Borough.
8:13:25 AM
REPRESENTATIVE LEDOUX surmised then that without passage of HB
378, there would be a vacancy on the Council due to the
consolidation of the city and borough eliminating the position
of the mayor of the City of Haines.
CO-CHAIR THOMAS replied yes, and characterized it as a loss for
the community. In further response to Representative LeDoux,
Co-Chair Thomas related his understanding that some ex officio
members are voting members while others are not.
8:14:35 AM
REPRESENTATIVE NEUMAN turned attention to the committee packet,
which contains concerns from the birding community regarding HB
378.
CO-CHAIR THOMAS, in regard to the concern that a public seat is
being replaced, clarified that the legislation is addressing a
seat that is vacant due to the Haines city and borough
consolidation. The desire, he explained, is to designate an
individual from the community. With regard to special interest
groups, Co-Chair Thomas opined that each of the seats on the
Council is filled with a special interest group. This
legislation does nothing to reduce the size of the Preserve. He
highlighted that the Preserve is the only one in Alaska and it
has less restrictions than a park in that locals can continue to
use it in their traditional manners.
8:18:22 AM
ROB GOLDBERG, Haines resident, reminded the committee that the
purpose of the legislation establishing the Preserve was to
protect the eagles and the salmon on which they feed. However,
he wasn't sure that this legislation would be consistent with
the aforementioned goals of the Preserve. He suggested that
since the vacant seat was formerly a municipal seat for the City
of Haines, it should be designated for a borough assembly member
in order to maintain the municipal representation. Mr. Goldberg
highlighted that the Preserve is of national significance and
national groups are reviewing [this legislation] carefully.
8:20:34 AM
REPRESENTATIVE CISSNA inquired as to whether the ex officio
members of the Council are voting members.
MR. GOLDBERG replied that he didn't know.
8:21:05 AM
JERRY LEWANSKI, Director, Division of Parks and Outdoor
Recreation, Department of Natural Resources (DNR), related his
understanding that [all members of the Council, including the ex
officio members] do vote. However, he offered to research the
matter to be sure.
CO-CHAIR OLSON, upon reviewing the membership of the Council,
commented that it appears that every member seems to represent a
special interest group.
8:21:38 AM
PETER GOLL, Haines resident, specified that all members of the
Council vote. Mr. Goll then reviewed the creation of the
Preserve, which is a small enclosure within the larger Haines
State Forest. The Haines State Forest, he explained, is a
multiple-use area that's available for recreation, logging, and
mining. The Preserve is unique in that it's withdrawn from
multiple use, for the specific purpose of protecting the salmon
habitat that both the eagles and the locals depend. However,
commercial activities, activities that don't damage the primary
purpose of the Preserve, were allowed after 1987. He noted that
the Preserve also protects subsistence and traditional uses.
MR. GOLL recalled that the sponsor has made public statements
relating his intent to reduce the size of the Preserve, which
has attracted national attention. This legislation seems to
further indicate a real threat, he opined. Replacing the seat
designated for an elected public official who represents all the
people in the community with a special interest group appointed
by the mayor, who has no power to do so, is a clear effort to
undermine public control of the Preserve and replace it with
designated special interest control preferred by the sponsor.
He said, "It is a clear attack on the Preserve. It is the
opening battle in a national conflict. It is going to damage
the economics of Haines by putting us into a conflict when we
don't need one." Mr. Goll echoed earlier testimony that if this
is truly housekeeping, then the vacant seat should continue to
be filled by a municipal official.
8:26:49 AM
MR. GOLL, in response to Representative Neuman, confirmed that
the mayor of Haines is an elected position. Mr. Goll said that
the mayor of Haines is out of town and hasn't had an opportunity
to consult with the borough assembly on this matter. He charged
that HB 378 was sponsored knowing full well that the mayor was
out of town and no deliberations would take place with the
assembly. Furthermore, the Chilkat Bald Eagle Advisory
Committee hasn't met on this matter either.
8:27:32 AM
CO-CHAIR THOMAS said that the Haines borough mayor has had
input, which is why the legislation specifies that the mayor
will appoint the seat.
MR. GOLL interjected that he spoke with mayor last night who was
aware of the language [but hasn't had the opportunity to meet]
formally [with the assembly].
CO-CHAIR THOMAS reiterated that he spoke with the Haines borough
mayor regarding appointing the vacant seat. The mayor, he said,
was in agreement with that.
8:28:23 AM
PETE LAPHAM, Member, Chilkat Snowburners, informed the committee
that he has been a recreational user and worker in the Preserve
for a good portion of his life. He highlighted that one of the
traditional uses of the Preserve is recreation.
8:29:37 AM
REPRESENTATIVE NEUMAN related his belief that those who recreate
tend to want to take care of the area in which they recreate.
He asked if Mr. Lapham believes the Chilkat Snowburners, were a
member of the group appointed to the Council, would be able to
protect the Preserve.
MR. LAPHAM related that the Chilkat Snowburners police the
Preserve for trash. Furthermore, the Chilkat Snowburners, he
opined, work well with other recreational groups. In fact, the
Chilkat Snowburners have also been involved in rescue efforts
located inside and outside of the Preserve.
REPRESENTATIVE NEUMAN commended the Chilkat Snowburners for its
efforts.
8:32:23 AM
JOHN SCHOEN, Senior Scientist, Audubon Alaska, informed the
committee that the National Audubon Society was deeply involved
in the formation of the Preserve in 1982. He opined that the
Council has served all interests well for more than 20 years.
Mr. Schoen related that the language designating a [vacated]
elected official's seat to a special interest group would upset
the balance of the Council, which is of concern. Although the
change incorporated in Version F is a step in the appropriate
direction, he opined that [Audubon Alaska] would be more
comfortable with having a representative of broad public
interest rather than a special interest representative.
8:35:17 AM
BETH PELUSO described herself as an avid birder who has traveled
to Haines to experience the Bald Eagle festival. She reminded
the committee that the Preserve was created because the area has
the highest concentration of bald eagles and is an international
treasure that should be kept for all to enjoy. The Preserve is
a huge resource for the community. Ms. Peluso recommended that
a municipal official fill the seat vacated by the mayor of
Haines.
8:38:24 AM
MS. PELUSO, in response to Representative Neuman, reiterated
that the now vacant position that was filled by the mayor of
Haines was responsible for representing the entire community,
and therefore changing it to a specific user group would narrow
the representation.
8:40:30 AM
REPRESENTATIVE PEGGY WILSON, Alaska State Legislature, surmised
that some of the testimony today has related fear in regard to
what might happen if there is a lot of recreation in the
[Preserve]. However, she recalled growing up in Iowa when no
eagles were around, although now there are tons of them, even in
the face of all the development. Therefore, she related her
belief that eagles are more resilient than people think and
noise isn't going to scare them away.
8:42:05 AM
CO-CHAIR OLSON closed public testimony.
8:42:11 AM
CO-CHAIR THOMAS, in response to Representative Cissna, confirmed
that the statutes specify [in broad terms] the groups to be
represented on the Council. This legislation, he clarified,
merely removes the seat filled by the mayor of the City of
Haines and replaces if with a designee specified by the mayor of
the Borough of Haines.
8:46:10 AM
CO-CHAIR THOMAS, in response to Representative LeDoux, confirmed
that the legislation creating the Council didn't originally
include a member of a recreational group. In further response
to Representative LeDoux, Co-Chair Thomas said that he didn't
know why that group wasn't included in the membership of the
Council. In response to Representative Salmon, Co-Chair Thomas
opined that the community of Haines needs representation, in the
form of a recreational user group, on the Council in order to
provide balance.
8:48:01 AM
REPRESENTATIVE KOTT indicated that an 11-member group, which
would occur if the vacant position isn't filled, would seem to
be a more manageable size group to come to conclusions on
matters. He then asked if the two-year terms of the members of
the Council are staggered.
CO-CHAIR THOMAS related his belief that most of the terms are
staggered, although a few seats may come open at the same time.
REPRESENTATIVE KOTT related his understanding that the function
of the Council is to assist the department in developing and
monitoring a management plan for the Preserve.
CO-CHAIR THOMAS replied yes, adding that the Council is an
advisory board that is run very well. With regard to the number
of seats, Co-Chair Thomas informed the committee that with the
12-member Council about half the time the Council is unable to
establish a quorum.
8:50:15 AM
REPRESENTATIVE KOTT asked if any consideration was given to the
suggestion of the mayor selecting an city council member to fill
the vacant position.
CO-CHAIR THOMAS said that the mayor could do so if that council
member is a member of a recreational user group. He emphasized
that in and around the Preserve is a multi-use. In fact, there
are logging roads that pass through the Preserve. He echoed
Representative Wilson's characterization that eagles aren't
easily disturbed.
8:51:19 AM
REPRESENTATIVE LEDOUX asked if any consideration was given to
expanding the Council such that the seat for the mayor of the
City of Haines would be replaced with another municipal official
and an additional seat for a recreational user group.
CO-CHAIR THOMAS turned to Mr. Goll's suggestion to have the
vacant seat selection voted on by the borough assembly, and
pointed out that such can already occur. Therefore, he didn't
see the problem [with the language in Version F]. He reiterated
the difficulty the Council already has establishing quorum and
suggested that adding another seat to the Council would add to
the difficulty in establishing a quorum. Co-Chair Thomas opined
that he tried to make the [change in the seat] as broad as
possible while protecting the integrity of the community and
providing oversight.
8:53:35 AM
REPRESENTATIVE NEUMAN moved to report CSHB 378, Version 24-
LS1486\F, Kane, 1/25/06, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB 378(CRA) was reported from the House
Community and Regional Affairs Standing Committee.
HB 392-SOLID WASTE MANAGEMENT AUTHORITIES
8:54:18 AM
CO-CHAIR OLSON announced that the final order of business would
be HOUSE BILL NO. 392, "An Act authorizing the establishment of
regional solid waste management authorities."
8:54:19 AM
REPRESENTATIVE PEGGY WILSON, Alaska State Legislature, sponsor,
explained that HB 392 will allow a community or a group of
communities to create a public corporation to deal with waste
management. The legislation is modeled after the Port Authority
statues and will authorize the formation of solid waste
authorities for waste management. Representative Wilson
informed the committee that each Alaskan produces 6.5-7 pounds
of solid waste every day, which amounts to over 200 tons per
day. In Southeast, over 250 tons of solid waste is produced
every day, which amounts to over 90,000 tons per year, although
many of the landfills and incinerators in Southeast have closed
over the last 10 years. Therefore, some of the communities in
Southeast have resorted to barging solid waste to super
landfills in the Lower 48 and pay from $77 per ton to $220 per
ton to do so. However, the economies of scale in Anchorage
allow it to only have costs of $40 per ton for its solid waste.
Collectively, the communities in Southeast that ship solid waste
to the Lower 48, ship about 23,000 tons each year not including
the 30,000 tons from Juneau alone.
REPRESENTATIVE WILSON concluded by reiterating that HB 392 would
allow communities to come together to form an authority to
accomplish what one community alone cannot. Such an authority
would keep money in the state. She explained that the
legislation would require that voters in the municipalities
interested in joining an authority approve such. Furthermore,
the authority would be legally independent from the
municipalities, and therefore it could issue bonds, borrow
money, and enter into contracts. The board of the authority
would be responsible for creating bylaws and regulations, and
governing the authority. Upon creation of the authority, it
would determine the location of the regional facility and the
type of technology that would be used. Therefore, HB 392
provides a mechanism that will be useful throughout the state.
8:58:33 AM
REPRESENTATIVE NEUMAN highlighted that the legislation prohibits
the authority from levying any taxes. He then inquired as to
how an authority would be funded. He also inquired as to
whether an individual who doesn't want his/her garbage to be
collected by the community could opt-out.
REPRESENTATIVE WILSON specified that the authority has nothing
to do with the rules of the municipality. The authority merely
provides an option for municipalities from the dock to [the site
of the waste facility]. Representative Wilson pointed out that
currently Juneau has its own site for solid waste disposal and
may not want to join an authority at this point, although it may
in the future.
9:00:31 AM
REPRESENTATIVE NEUMAN surmised then that an individual in a
community that is part of an authority wouldn't be forced to be
pay for that.
9:00:47 AM
REPRESENTATIVE CISSNA recalled a book entitled, "The Power
Broker" that detailed the authorities in New York City during
the early days of the highways and the large municipal
structures during which power brokers were able to gather large
sums of money. Therefore, she inquired as to what safeguards
are in place so that the wrong person doesn't control these
authorities and veil property acquisitions.
REPRESENTATIVE WILSON pointed out that such hasn't happened with
Alaska's Port Authority. She reiterated that the proposed solid
waste management authorities are based on the state's Port
Authority.
9:02:52 AM
REPRESENTATIVE NEUMAN highlighted that the fiscal notes for HB
392 are zero, and therefore he congratulated Representative
Wilson.
9:03:14 AM
CO-CHAIR OLSON noted that the legislation includes a provision
to dissolve an entire authority, if the situation arrived at
that point. He then asked if there is a means that would allow
one entity to withdraw from the authority.
REPRESENTATIVE WILSON answered that she wasn't sure how that
works, and deferred to anyone who knows the workings of the Port
Authority.
CO-CHAIR OLSON said he is familiar with the Port Authority,
which doesn't [allow withdrawal of an entity]. He asked if that
is something that the sponsor would entertain.
REPRESENTATIVE WILSON replied yes.
9:04:00 AM
CINDY ROBERTS, Denali Commission, Division of Community
Advocacy, Department of Commerce, Community, & Economic
Development (DCCED), related support for HB 392. Although solid
waste management issues aren't specifically DCCED's assignment,
the department believes them to be key elements in the
commercial, human, and environmental health of the state's rural
communities. As the committee may be aware, solid waste funding
is very difficult to obtain in this state. In fact, over the
last 15 years water and sewer projects have benefited from a
heightened priority and awareness. However, the rural
communities are left to find their own solutions for packaging
construction and household waste. Furthermore, the high
investment required to establish even a small landfill results
in many communities in the state operating unpermitted
landfills. Therefore, DCCED believes HB 392 to be timely,
appropriate, and the first step in creating site-specific
solutions that are sponsored and controlled by the communities
impacted. Moreover, the authority framework would allow
communities to join together to acquire land, equipment, and the
operational manpower to handle local waste in a fiscally
sustainable and environmentally responsible manner. The
authority structure will also assist communities with bonding
for equipment to eliminate the bird and animal issues as well as
protect the area watersheds. Ms. Roberts highlighted that the
multi-community authority can help finance the match required
for things such as connecting roads, and thus there may be
improved economies of scale as well as improved operating
procedures. Therefore, the authority option will reduce
exported dollars and trash of the participating regions. In
conclusion, Ms. Roberts reiterated the department's support of
HB 392.
9:08:20 AM
REPRESENTATIVE CISSNA noted her agreement with Ms. Roberts
regarding the importance of this matter for Southeast Alaska as
well as the state as a whole. However, she expressed concern
with regard to the accountability of the authority, although she
noticed the provisions related to the fidelity bonds of the
authority. She inquired as to the state requirements for
authorities and how the public is protected in relation to the
authority and its actions.
MS. ROBERTS noted that she was pleased to see the fidelity bond
clause in the legislation. However, she said that she isn't
very familiar with the Port Authority structure. She explained
that she was involved due to her assignment with the Denali
Commission, which helped the Southeast Conference perform the
research regarding which structure would best suit the state.
With regard to Representative Cissna's concerns related to the
situation in New York City with power brokers, she didn't
believe that is of concern in Alaska due to the state's fairly
active democracy.
9:11:05 AM
MARLENE CLARKE informed the committee that she tries to recycle
as much as possible. She said although the legislation is long
overdue, she is concerned that the proposed commission may
choose the quickest and easiest solution, which would be to
incinerate waste. Incinerating waste, she said, would place
many toxins in the atmosphere that would ultimately end up in
the drinking water and soil. Ms. Clarke emphasized that there
needs to be a strong educational format with regard to the
safest and most logical way to address [solid waste]. She
suggested that perhaps there should be some monetary incentives
to offer communities that join the authority and perform
recycling. Ms. Clarke suggested contacting communities that
already have recycling efforts.
9:14:08 AM
VALERY MCCANDLESS, Mayor, City of Wrangell, related that the
City of Wrangell supports, in concept, the formation of a solid
waste authority. It's important for the state to be proactive
in dealing with its own waste. She noted her agreement with
earlier comments relating the need to have a mechanism to allow
participation or withdrawal.
9:15:41 AM
CO-CHAIR THOMAS inquired as to how many regional [solid waste]
authorities would Mayor McCandless envision.
MAYOR MCCANDLESS opined that although many communities would be
interested in being a site location, the location will be
dependent upon those who join and the type of recycling chosen.
She informed the committee that Wrangell, Petersburg, and Thorne
Bay have expressed interest in being part of the solution.
9:16:39 AM
CO-CHAIR THOMAS expressed concern that there would be more
[solid waste authorities] than necessary.
MAYOR MCCANDLESS said she envisioned that many communities would
form one authority [in order to capture] an economy of scale.
Therefore, she suggested that it's likely that a solid waste
authority would be addressed as a regional issue.
9:17:23 AM
JOHN BOLLING, City Administrator, City of Craig; Member,
Southeast Conference, related that the City of Craig supports HB
392, which essentially provides communities with an opportunity
to deal with solid waste disposal. This legislation allows
communities to voluntarily band together to address
uncertainties faced when solid waste is shipped down South. He
identified cost as an uncertainty with shipping. In Craig, it
costs $200 per ton to properly dispose of the City of Craig's
solid waste, which is a substantial increase over the $40 per
ton charged only five years ago. Therefore, the City of Craig
is interested in finding a mechanism to control those costs and
make them more predictable over the long term. This
legislation, he opined, can lead to that end.
9:19:22 AM
KATHIE WASSERMAN, Alaska Municipal League (AML), began by
relating AML's full support of HB 392. Drawing upon her
experience as a grant writer, Ms. Wasserman related that any
request for funds requires the attempt to be regional. She
opined that it's in the state's best interest to support HB 392.
With regard to Representative Cissna's concern regarding
authorities, Ms. Wasserman suggested that whether the entity
formed is labeled an authority or something else, it would
require attention in order to avoid the perils of concern for
Representative Cissna. With regard to keeping the state's air
and water clean, Ms. Wasserman informed the committee that as it
stands now smaller communities don't have the ability to
maintain clean air and water. Therefore, only through regional
means will those communities be able to do better than they are
currently doing and thus she viewed HB 392 as a way to improve
the situation in rural communities.
9:21:36 AM
DUFF MITCHELL, Chief Operating Officer, Kake Tribal Corporation,
informed the committee that Kake Tribal Corporation has been
working on solid waste management issues since 1999 as there
seem possible benefits to the corporation as well as the region.
He explained that currently Kake produces compost by using fish
and timber waste. Although the aforementioned isn't as
successful as the corporation would like, it's continuing to
work on it [because it believes that] trash is not waste but
rather is energy. Mr. Mitchell characterized the current
situation in Southeast as a boat without oars because those in
the region want to do something but there are no synergies
between groups. Therefore, the proposed authority provides a
mechanism to provide direction. He noted his agreement with Ms.
Wasserman that small communities currently don't have funds to
produce a recycling facility, let alone a permitted waste
facility and thus HB 392 might provide economies of scale to
address waste in state and allow Alaskans to take control and
help themselves because sending waste out of state results in
the loss of jobs and money for Alaska.
9:25:12 AM
CO-CHAIR THOMAS asked if HB 392 will allow a village corporation
to seek bonding or does it require working through the
municipality.
MR. MITCHELL said that he had concerns with regard to that as
well. He related his understanding that authorities are only
set up for municipalities. However, the Kake Tribal Corporation
is a private village corporation, an Alaska Native Claims
Settlement Act (ANCSA) corporation, that could use this waste
energy on private land. Although he said he didn't know exactly
how it would work, he related his understanding that the waste
authority would be comprised of municipalities that could
contract or work with [an organization such as Kake Tribal
Corporation] as the private entrepreneurial entity. Therefore,
the legislation doesn't seem to eliminate [village
corporations], although it doesn't allow them to sit at the
table as a waste authority member.
9:26:28 AM
MR. MITCHELL, in response to Representative Cissna, related that
he views the authority as an avenue to create economies of
scale. After reviewing the analysis, Mr. Mitchell opined that
if all the other communities in Southeast Alaska, save Juneau,
banded together, there wouldn't be enough volume to make
something happen. Therefore, [all] the communities in the
region would have to band together to achieve an economy of
scale, which he opined will force consensus building within the
region.
9:30:03 AM
DAN EASTON, Deputy Commissioner, Office of the Commissioner,
Department of Environmental Conservation (DEC), began by
relating support for HB 392. He then pointed out that Alaska's
solid waste situation is unique due to the state's low
population that is spread across a large area. Mr. Easton
informed the committee that the department supports anything
that would allow or foster the development of regional systems
in Alaska, where they make sense. In general, when dealing with
solid waste, bigger is better because the larger systems can
take advantage of economies of scale. Therefore, DEC views, he
said, HB 392 as an important step because it provides an option
that will hopefully result in regional organizations. For that
reason, DEC would urge the committee's support of HB 392, he
said.
9:32:34 AM
REPRESENTATIVE CISSNA turned attention to page 10 of HB 392,
which she indicated may address her concerns regarding the
safeguards for authorities. She asked if the language relating
to public records and open meetings laws, an annual report, and
audits would provide sufficient safeguards.
9:33:17 AM
RUTH HAMILTON HEESE, Assistant Attorney General, Environmental
Section, Civil Division (Juneau), Department of Law, answered
that she believes so as that language was included, in part, to
provide oversight.
9:34:02 AM
JOHN WATERHOUSE, drawing on his experience as a Solid Waste
Manager for the Yukon Inter-Tribal Watershed Council, opined
that HB 392 moves in the right direction. He agreed with
earlier testimony regarding that everyone needs to work together
to increase capacity to address and solve solid waste issues in
a region. He mentioned that there has been some success with
St. Mary's, Pitcus Point (ph), and Mountain Village banding
together to build a common landfill. Therefore, HB 392 will
help such efforts with regard to bonding efforts and the like.
In conclusion, he urged the committee to pass HB 392.
9:36:14 AM
ROLLO POOL, Executive Director, Southeast Conference, informed
the committee that about two years ago Southeast Conference
pitched an idea to the Denali Commission regarding the concept
of using a regional approach to address solid waste.
He related that the Denali Commission liked the idea and granted
the Southeast Conference funds to hire consultants to review
what other places are doing. The typical entity found was an
authority, which are typically an open public body operating as
a corporation and thus it's subject to the will of the voters.
Mr. Pool envisioned that the authority would seek funding and
the authority would be a separate entity from the communities
themselves, although they would be subject to the [will] of the
voters in the communities involved. With regard to the question
as to whether an individual can opt-out, Mr. Pool said that the
individual many not have an opportunity to opt-out. Mr. Pool
then informed the committee that Southeast Conference is also
working on a grant to establish a regional plan to review the
options. He related that the Southeast Conference envisions
that in Southeast there would probably only be one or two
authorities. In conclusion, Mr. Pool urged passage of HB 392.
9:41:08 AM
CO-CHAIR THOMAS related his understanding that a major stumbling
block is infrastructure. Therefore, he suggested including
language specifying that the ferry terminals can be used to
transfer trash.
MR. POOL related his understanding that most towns have barge
service and currently one-third of the trash in Southeast is
being shipped out of state. Therefore, those communities have
the infrastructure to deliver the trash to the dock and place it
on the barges. Therefore, the first step would be to determine
what facilities exist and what is necessary to achieve the goal.
9:42:58 AM
CO-CHAIR THOMAS pointed out that often the facilities [to which
Mr. Pool referred] are owned by Alaska Marine Lines or other
companies, and therefore it may actually cost more to use the
local facility.
MR. POOL opined that the Alaska Marine Highway would be
receptive to the idea and willing to work on this as are other
agencies. Furthermore, five communities have already come
forward to be considered for a site as has a private company as
well. At this point, a legal entity is necessary to move
forward, and therefore HB 392 allows communities to work on this
in a cooperative fashion such that the risks, rewards, and costs
are shared.
9:44:53 AM
REPRESENTATIVE NEUMAN expressed concern with regard to an
individual not being able to opt-out. He posed an example of a
senior who only has small amount of trash, but is being charged
$40 a month.
REPRESENTATIVE WILSON reminded the committee that each
municipality has different rules, and she didn't want to take
away local control. In further response to Representative
Neuman, Representative Wilson clarified that the authority would
only address the part of the process from the dock outward.
9:47:14 AM
CO-CHAIR OLSON announced that HB 392 would be held over.
9:47:28 AM
ADJOURNMENT
There being no further business before the committee, the House
Community and Regional Affairs Standing Committee meeting was
adjourned at 9:47 a.m.
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