05/06/2004 09:15 AM House CRA
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ALASKA STATE LEGISLATURE
HOUSE COMMUNITY AND REGIONAL AFFAIRS
STANDING COMMITTEE
May 6, 2004
9:15 a.m.
MEMBERS PRESENT
Representative Carl Morgan, Chair
Representative Kelly Wolf, Vice Chair
Representative Pete Kott
Representative Tom Anderson
Representative Ralph Samuels
Representative Sharon Cissna
Representative Albert Kookesh
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 260(TRA) am
"An Act relating to metropolitan planning organizations and to
the policy board of the metropolitan planning organization for
the Anchorage metropolitan area; relating to transportation
planning in federally recognized metropolitan planning areas;
and providing for an effective date."
- MOVED HCS CSSB 260(TRA) OUT OF COMMITTEE
SENATE BILL NO. 387 am
"An Act authorizing the making of certain commercial fishing
loans to eligible community quota entities for the purchase of
certain fishing quota shares; and providing for an effective
date."
- MOVED SB 387 AM OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 260
SHORT TITLE: METROPOLITAN PLANNING ORGANIZATIONS/AREAS
SPONSOR(S): SENATOR(S) STEVENS B
01/12/04 (S) READ THE FIRST TIME - REFERRALS
01/12/04 (S) CRA, TRA
02/06/04 (S) CRA AT 1:30 PM FAHRENKAMP 203
02/06/04 (S) -- Rescheduled to 02/09/04 --
02/09/04 (S) CRA AT 1:30 PM FAHRENKAMP 203
02/09/04 (S) Moved SB 260 Out of Committee
02/09/04 (S) MINUTE(CRA)
02/11/04 (S) CRA RPT 3DP
02/11/04 (S) DP: STEDMAN, WAGONER, STEVENS G
02/17/04 (H) TRA AT 1:30 PM CAPITOL 17
02/17/04 (S) Moved CSSB 260(TRA) Out of Committee
02/17/04 (S) MINUTE(TRA)
02/18/04 (S) TRA RPT CS 1DP 4NR NEW TITLE
02/18/04 (S) DP: COWDERY; NR: WAGONER, THERRIAULT,
02/18/04 (S) OLSON, LINCOLN
03/05/04 (S) IN THIRD READING ON 3/8/2004 CALENDAR
03/08/04 (S) TRANSMITTED TO (H)
03/08/04 (S) VERSION: CSSB 260(TRA) AM
03/09/04 (H) READ THE FIRST TIME - REFERRALS
03/09/04 (H) TRA, CRA
03/16/04 (H) TRA AT 1:30 PM CAPITOL 17
03/16/04 (H) Heard & Held
03/16/04 (H) MINUTE(TRA)
03/23/04 (H) TRA AT 1:30 PM CAPITOL 17
03/23/04 (H) HCS CSSB 260(TRA)
03/24/04 (H) TRA RPT HCS(TRA) 3DP 1DNP
03/24/04 (H) DP: STEPOVICH, KOHRING, HOLM;
03/24/04 (H) DNP: MASEK
05/06/04 (H) CRA AT 8:00 AM CAPITOL 124
BILL: SB 387
SHORT TITLE: COMMERCIAL FISHING LOANS FOR QUOTA SHARES
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR
04/13/04 (S) READ THE FIRST TIME - REFERRALS
04/13/04 (S) CRA, L&C
04/19/04 (S) CRA AT 1:30 PM FAHRENKAMP 203
04/19/04 (S) Moved SB 387 Out of Committee
04/19/04 (S) MINUTE(CRA)
04/20/04 (S) CRA RPT 4DP
04/20/04 (S) DP: STEDMAN, LINCOLN, WAGONER, ELTON
04/20/04 (S) L&C AT 2:00 PM BELTZ 211
04/20/04 (S) Moved SB 387 Out of Committee
04/20/04 (S) MINUTE(L&C)
04/21/04 (S) L&C RPT 3DP
04/21/04 (S) DP: BUNDE, SEEKINS, STEVENS G
04/26/04 (S) TRANSMITTED TO (H)
04/26/04 (S) VERSION: SB 387 AM
04/30/04 (H) READ THE FIRST TIME - REFERRALS
04/30/04 (H) CRA, FIN
05/01/04 (H) CRA AT 2:00 PM CAPITOL 124
05/01/04 (H) Scheduled But Not Heard
05/03/04 (H) CRA AT 8:00 AM CAPITOL 124
05/03/04 (H) Scheduled But Not Heard
05/06/04 (H) CRA AT 8:00 AM CAPITOL 124
WITNESS REGISTER
SENATOR BEN STEVENS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Spoke as the sponsor of SB 260.
DEANNA ESSERT
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 260, and noted
her support of legislators serving on the AMATS policy committee
in any capacity.
CRAIG LYON, AMATS Coordinator
Municipality of Anchorage
Anchorage, Alaska
POSITION STATEMENT: During discussion of CSSB 260(TRA),
testified that the Begich Administration doesn't support adding
members to the [AMATS] policy committee.
GREG WINEGAR, Director
Division of Investments
Department of Community & Economic Development (DCED)
Juneau, Alaska
POSITION STATEMENT: Explained SB 387.
ACTION NARRATIVE
TAPE 04-19, SIDE A
Number 0001
CHAIR CARL MORGAN called the House Community and Regional
Affairs Standing Committee meeting to order at 9:15 a.m.
Representatives Morgan, Wolf, Kott, Anderson, and Samuels were
present at the call to order. Representatives Cissna and
Kookesh arrived as the meeting was in progress.
SB 260-METROPOLITAN PLANNING ORGANIZATIONS/AREAS
CHAIR MORGAN announced that the first order of business would be
CS FOR SENATE BILL NO. 260(TRA) am, "An Act relating to
metropolitan planning organizations and to the policy board of
the metropolitan planning organization for the Anchorage
metropolitan area; relating to transportation planning in
federally recognized metropolitan planning areas; and providing
for an effective date."
Number 0145
SENATOR BEN STEVENS, Alaska State Legislature, sponsor of SB
260, explained that this legislation suggests changing the
makeup of the policy board of the metropolitan planning
organization (MPO). He explained that HCS CSSB 260(TRA) would
increase the current membership of the Anchorage MPO policy
committee from five to nine members. The increased membership
consists of two members of the legislature as ex officio members
and two public members, one of which would be appointed by the
mayor and one by the governor. The aforementioned attempt to
include more public input is probably the most controversial.
He noted that the policy board of the MPO has spending oversight
over federal and state dollars within the MPO of Anchorage. The
MPO has oversight over approximately $50 million of expenditures
a year. Senator Ben Stevens pointed out that the legislation
also provides authority to the Department of Transportation &
Public Facilities (DOT&PF) "to approve a transportation
improvement plan made up of the policy board." He noted that
this is the third time this subject has been before the
legislature.
The committee took an at-ease from 9:17 a.m. to 9:18 a.m.
CHAIR MORGAN noted that he had to attend a Senate Community and
Regional Affairs Standing Committee meeting, and therefore
passed the gavel to Vice Chair Wolf.
Number 0493
DEANNA ESSERT informed the committee that she has attended
Anchorage Metropolitan Area Transportation Solutions (AMATS)
meetings since 1997 and is thoroughly frustrated with the
policies and process. She related that one summer she attended
numerous work sessions to improve the process. Although the
process is now touted as "Anchorage on the move, the solution to
public involvement", the process doesn't provide any opportunity
for public involvement, save attending AMATS meetings and
providing comments when there is the opportunity to do so. Ms.
Essert related that this year she has learned that AMATS has
instituted new processes, outside the legal statutory limits of
AMATS, that are influencing the process without the necessary
and required statutory protection. One of those processes,
stakeholder interviews, doesn't include the public at-large,
rather just select "movers and shakers" in the community.
Furthermore, the round-table process includes many of the same
individuals who have advocated for controversial projects that
have consumed millions of dollars and who now suggest spending
15 percent of Anchorage's road allocation on enhancements. Some
balance on AMATS is necessary, she said. Ms. Essert explained
that she supported SB 260 in its original form, which would've
included legislators in a voting capacity. Legislators are
elected officials who are responsible to the electorate. In its
current form, AMATS is a political animal that isn't responsive
to the public's needs. Although Ms. Essert said that she would
accept legislators as non-voting members, she expressed hope
they would be included in the process. She expressed
frustration with the mayor spending taxpayers' dollars to lobby
the legislature for specific projects when the mayor could have
individuals who are intimately involved in the process of
choosing the projects that should be approved sit on the policy
committee. Ms. Essert concluded by emphasizing that she
preferred the original legislation because it was simpler, less
involved, and provided the taxpayers representation. However,
she noted her support of placing legislators on the AMATS policy
committee in any capacity.
Number 0780
CRAIG LYON, AMATS Coordinator, Municipality of Anchorage,
informed the committee that the Municipality of Anchorage
supports the idea of opening up the process to improve
communication and public participation. Currently, there are
two citizen committees that support AMATS with public
participation, notwithstanding what is offered during the
meetings. The Planning & Zoning Commission serves as the
federally required citizens advisory group [as does the] AMATS
Air Quality Advisory Group. Mr. Lyon highlighted that there is
a new mayor, a new coordinator, and a new DOT&PF director for
the central region all of which are committed to improving the
public process. Steps are being taken to improve the public
process, which is a continual process. Therefore, there is
flexibility in meeting schedules and quarterly meetings with the
Federation of Community Councils are held to brief them on
projects and processes in order to open the process. Mr. Lyon
related that at this time the Begich Administration doesn't
support adding members to the policy committee and doesn't
support doing so unilaterally, which is inconsistent with the
intent of federal rules for MPOs such as AMATS.
REPRESENTATIVE ANDERSON informed the committee that Mr. Lyon
worked as legislative staff for many years, and noted that he is
glad Mr. Lyon holds the position of Coordinator of AMATS. He
also noted that he served on the round-table committee of AMATS
with Mr. Lyon, who he said is knowledgeable. He mentioned that
he appreciated Mr. Lyon's efforts.
Number 0913
REPRESENTATIVE KOTT moved to report HCS CSSB 260(TRA) out of
committee with individual recommendations and the accompanying
fiscal notes.
REPRESENTATIVE CISSNA objected. She informed the committee that
she has received an enormous amount of mail relating the need
for separation of state and local government on this matter.
SENATOR BEN STEVENS related that throughout the evolution of
this legislation, legislative involvement in an MPO was a topic
of discussion. He said that he and supporters of the
legislation believe that legislative involvement in MPOs is a
good thing because legislators are elected from local areas and
answer to the people in their district. Senator Ben Stevens
explained that his involvement in this issue began because his
constituents had nowhere else to go; no one on the MPO, the
Anchorage Assembly, or Anchorage's city hall would listen to
them. Therefore, he introduced the proposal to place
legislators on the MPO. He noted that although he believes the
legislative members should be voting members of the MPO, he
compromised in the House Transportation Standing Committee by
agreeing to an amendment that made legislators non-voting
members of the MPO. At that time, Mr. Lyon testified that in
Oahu, Hawaii there was an MPO that consisted of a large number
of legislators. Senator Ben Stevens recalled that Mr. Lyon
testified that the aforementioned Hawaiian MPO with legislators
was operating so ineffectively that the legislators were
removed.
MR. LYON recalled that he had testified that legislators were
members of the Oahu MPO and that because Oahu's system and its
priorities had become so politicized, members of Anchorage's MPO
were asked to go to Oahu and help fix the system, which they
did. He related his understanding that at this time no
legislators are members of the Oahu MPO.
Number 1152
SENATOR BEN STEVENS informed the committee that there is a
letter from the director of the Oahu MPO saying that the number
of legislators on the MPO was reduced, although the legislators
constitute a majority of the Oahu MPO. Senator Ben Stevens
stressed that this is the third time that the Municipality of
Anchorage has testified with inaccurate information regarding
the makeup of MPOs throughout the nation. He further stressed
that he has attempted to work with the Municipality of Anchorage
and it's administration within the Anchorage Assembly to develop
a compromise, but those groups won't come to the table or
compromise. Furthermore, [the Municipality of Anchorage and
it's administration] have supplied disinformation, he said.
MR. LYON disagreed.
SENATOR BEN STEVENS reminded the committee that there is a
motion to report HCS CSSB 260(TRA) from committee. He
encouraged the committee to do so in order that "we can hash
this out at the next level."
Number 1236
REPRESENTATIVE CISSNA informed the committee that she has
attended a large percentage of all of the public transportation
meetings in Anchorage for the past six to eight years. She said
that she hasn't had the experience [related by Senator Ben
Stevens] nor is it the experience others have related to her.
SENATOR BEN STEVENS acknowledged that on a regular basis there
are numerous planning meetings that take place throughout the
community and during which the public can testify. This
legislation provides the public with the opportunity to be
involved in the voting, that is through the selection and
prioritization of the projects. The aforementioned doesn't
exist under the current makeup, which he characterized as a
controlled distribution system. Senator Ben Stevens reiterated
that he is merely trying to bring in more public involvement
through representatives of other elected officials or through
the addition of two public members. In response to
Representative Samuels, Senator Ben Stevens specified that the
legislators would be ex officio members while the public members
would be voting members.
REPRESENTATIVE SAMUELS recalled his tenure as the head of the
Anchorage Chamber of Commerce and related that people hated
AMATS. To follow the AMATS process is a full-time job
regardless of the mayor or the governor. To be an individual
citizen on AMATS is "almost an impossibility," he said.
Representative Samuels stated that he didn't see any harm having
a legislator be an ex officio member.
REPRESENTATIVE CISSNA pointed out that assembly members and the
mayor are also elected, with the sole responsibility of the
municipality. However, a legislator is charged with being
responsible for the entire state. Representative Cissna opined
that the elected officials are already on the [policy
committee].
SENATOR BEN STEVENS highlighted that AMATS doesn't spend local
money but rather federal and state money.
REPRESENTATIVE ANDERSON surmised that Senator Ben Stevens meant
that [municipal and state] funding is integrated.
VICE CHAIR WOLF reminded the committee that there was a motion
before it, and therefore he requested a roll call vote.
A roll call vote was taken. Representatives Wolf, Kott,
Anderson, and Samuels voted in favor of reporting HCS CSSB
260(TRA) out of committee. Representatives Cissna and Kookesh
voted against it. Therefore, HCS CSSB 260(TRA) was reported out
of the House Community and Regional Affairs Standing Committee
by a vote of 4-2.
SB 387-COMMERCIAL FISHING LOANS FOR QUOTA SHARES
VICE CHAIR WOLF announced that the final order of business would
be SENATE BILL NO. 387 am, "An Act authorizing the making of
certain commercial fishing loans to eligible community quota
entities for the purchase of certain fishing quota shares; and
providing for an effective date."
Number 1608
GREG WINEGAR, Director, Division of Investments, Department of
Community & Economic Development (DCED), explained that SB 387
am makes a small change to the existing commercial fishing
revolving loan fund, which has been around since the early
1970s. This legislation would allow loans to be made to a new
type of borrower, community quota entities (CQEs), that is being
created. The National Marine Fisheries Service (NMFS) is
creating this new borrower. He explained that the North Pacific
Council was concerned with regard to the loss of quota shares
out of a number of Alaska's coastal communities, and therefore
the North Pacific Council recommended the change. He pointed
out that the committee packet should have documentation with
regard to the communities that NMFS determined to be eligible.
This legislation allows communities to form nonprofit
corporations that can go out into the marketplace to purchase
quota shares and lease them back to residents of the particular
community. The goal is to improve the economic viability of
these communities by allowing local ownership of fishing
privileges, he said.
MR. WINEGAR informed the committee that since this quota share
program was created back in 1995, many communities have lost a
number of their shares. Therefore, the North Pacific Council
wanted to address the problem. The federal rule isn't scheduled
to take effect until June 1st. Section 3 of the legislation has
an effective date clause tying the effective date of the
legislation to the effective date of the federal rule change.
Mr. Winegar pointed out that these type of loans can already be
made to individuals, and therefore much of the loan criteria
will be the same for CQEs as it is for individuals. With regard
to funding, Mr. Winegar stated that the department has adequate
funding to handle loan demand. He related that the loan is
self-sufficient, and therefore there are no general funds
involved in this. Furthermore, existing staff will handle the
loan requests, which resulted in the department submitting a
zero fiscal note. He related his belief that the Alaska
Department of Fish & Game supports the legislation and has
submitted a zero fiscal note as well. Several other
organizations support this legislation, such as the Gulf of
Alaska Coastal Communities Coalition, and Tlingit and Haida
Central Council. Mr. Winegar urged the committee's support
because it will bring the commercial fishing revolving loan
program in sync with the changes NMFS is making in the quota
share program. Furthermore, it's consistent with the mission of
the program. Most importantly, the legislation provides these
communities with a tool to generate some economic activity in
these communities.
VICE CHAIR WOLF noted that the committee packet has neither
letters of support nor the list of communities impacted by this
legislation.
MR. WINEGAR provided the committee with a list of the impacted
communities.
REPRESENTATIVE ANDERSON asked if the United Fishermen of Alaska
(UFA) support SB 387 am.
Number 1840
MR. WINEGAR said he didn't believe UFA has issued a formal
opinion, and he didn't believe that UFA has any problems with
the legislation. In response to Vice Chair Wolf, Mr. Winegar
said that there are letters of support for the legislation and
he would take care of getting those to the committee.
VICE CHAIR WOLF asked if anyone wished to testify. There was no
response.
MR. WINEGAR informed the committee that the Gulf of Alaska
coalition is visiting the small rural communities in order to
explain the rule changes being made by NMFS.
VICE CHAIR WOLF expressed concern that this legislation goes
backwards. The legislation seems to return to a time when
individual communities or an organization purchased quotas such
that the situation would return to a time of fish traps and
processors owning large portions of the catch.
MR. WINEGAR noted that he didn't take part in the actual
discussions that have been going on with the council for the
past couple of years. However, he said he understood that the
initial concern is that many of these shares have left the
communities and this legislation would provide a tool to help
get those shares back.
VICE CHAIR WOLF highlighted that one of the state's larger
seafood processors just purchased another seafood processor.
Therefore, he said he was concerned with regard to conglomerates
acquiring the quotas and returning the fishing industry back to
the 1950s.
Number 2000
REPRESENTATIVE KOOKESH suggested reviewing the rules for buying
quotas. For instance, the only way an individual can purchase a
halibut quota is if that individual originally participated in
the fishery. Under the limited entry permit in Alaska, a
processor can't own a limited entry permit, only individuals
can. Representative Kookesh highlighted that SB 387 is
sponsored by the governor and is economic development for rural
Alaska. He said he wanted to be sure that this legislation
isn't opposed just because it may benefit some of the Native
communities in Alaska.
VICE CHAIR WOLF commented that he is looking at the couple of
communities in the Kenai Peninsula that will be impacted by this
legislation. He further commented that he is trying to satisfy
his own concerns. Vice Chair Wolf then inquired as to the
wishes of the committee.
REPRESENTATIVE ANDERSON said that he would move the legislation,
when people have concluded any questions they may have.
Representative Anderson noted that he concurred with
Representative Kookesh with regard to the view of this
legislation as economic development.
REPRESENTATIVE KOOKESH pointed out that this isn't the only
funding source these communities have available, rather this is
just another funding source. The NMFS program will continue
whether the state does anything with this legislation or not.
VICE CHAIR WOLF clarified that when he hears the terminology
"quota shares" he gets nervous.
REPRESENTATIVE KOOKESH highlighted that the legislation includes
some protections to ensure that harvesters "don't get their foot
in the door." He noted his agreement with Vice Chair Wolf that
he didn't want harvesters to end up owning all the quotas.
Number 2169
REPRESENTATIVE SAMUELS moved to report SB 387 am out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, SB 387 am was reported
from the House Community and Regional Affairs Standing
Committee.
ADJOURNMENT
There being no further business before the committee, the House
Community and Regional Affairs Standing Committee meeting was
adjourned at 9:45 a.m.
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