Legislature(2011 - 2012)HOUSE FINANCE 519

01/28/2011 01:30 PM House FINANCE


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01:33:37 PM Start
01:34:44 PM Budget Overview: Department of Labor and Workforce Development
02:32:39 PM Budget Overview: Department of Environmental Conservation
03:44:08 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Budget Overviews: TELECONFERENCED
Dept. of Labor & Workforce Development
Dept. of Environmental Conservation
                  HOUSE FINANCE COMMITTEE                                                                                       
                     January 28, 2011                                                                                           
                         1:33 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
1:33:37 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Stoltze called the  House Finance Committee meeting                                                                    
to order at 1:33 p.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bill Stoltze, Co-Chair                                                                                           
Representative Bill Thomas Jr., Co-Chair                                                                                        
Representative Anna Fairclough, Vice-Chair                                                                                      
Representative Mia Costello                                                                                                     
Representative Mike Doogan                                                                                                      
Representative Bryce Edgmon                                                                                                     
Representative Les Gara (via teleconference)                                                                                    
Representative David Guttenberg                                                                                                 
Representative Reggie Joule                                                                                                     
Representative Mark Neuman                                                                                                      
Representative Tammie Wilson                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Clark   Bishop,  Commissioner,   Department  of   Labor  and                                                                    
Workforce Development; Guy  Bell, Assistant Commissioner and                                                                    
Director,  Division of  Administrative Services,  Department                                                                    
of  Labor  and  Workforce Development;  Tom  Nelson,  Deputy                                                                    
Commissioner,    Department   of    Labor   and    Workforce                                                                    
Development;  Larry  Hartig,   Commissioner,  Department  of                                                                    
Environmental Conservation;  Laura Beason,  Acting Director,                                                                    
Division   of  Information   and  Administrative   Services,                                                                    
Department of Environmental Conservation.                                                                                       
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
BUDGET OVERVIEWS:                                                                                                               
     Department of Labor and Workforce Development                                                                              
     Department of Environmental Conservation                                                                                   
                                                                                                                                
                                                                                                                                
^BUDGET   OVERVIEW:  DEPARTMENT   OF  LABOR   AND  WORKFORCE                                                                  
DEVELOPMENT                                                                                                                   
                                                                                                                                
1:34:44 PM                                                                                                                    
                                                                                                                                
CLARK   BISHOP,  COMMISSIONER,   DEPARTMENT  OF   LABOR  AND                                                                    
WORKFORCE     DEVELOPMENT,    introduced     a    PowerPoint                                                                    
presentation. He  explained that  the mission  of Department                                                                    
of Labor and Workforce Development (DLWD) was to:                                                                               
                                                                                                                                
     Provide safe  and legal working conditions  and advance                                                                    
     opportunities for employment for all Alaskans.                                                                             
                                                                                                                                
Commissioner Bishop detailed that  the mission was delivered                                                                    
through three core areas (Slide 2):                                                                                             
                                                                                                                                
   · Statutory and Regulatory Assistance and Enforcement to                                                                     
     protect Alaska's  workers through wage and  child labor                                                                    
     law  enforcement,   workplace  safety   compliance  and                                                                    
     enforcement,   mechanical    device   inspection,   and                                                                    
     overseeing State of  Alaska Americans with Disabilities                                                                    
     Act compliance.                                                                                                            
   · Workforce Development to support Alaska hire through                                                                       
     the  department's  employment   services,  adult  basic                                                                    
     education, business partnerships,  career and technical                                                                    
     education   and   training  (including   AVTEC-Alaska's                                                                    
     Institute     of     Technology),    and     vocational                                                                    
     rehabilitation services.                                                                                                   
   · Income replacement for injured, unemployed and                                                                             
     permanently   disabled  workers.   This  includes   the                                                                    
     department's  Workers' Compensation,  Fisherman's Fund,                                                                    
     Second   Injury   Fund,  Unemployment   Insurance   and                                                                    
     Disability Determination programs.                                                                                         
                                                                                                                                
Commissioner  Bishop noted  that  computer  services in  job                                                                    
centers  has been  somewhat slower  in some  parts of  rural                                                                    
Alaska,  but  he stated  that  improvements  had been  made,                                                                    
helped by the broadband connection in Western Alaska.                                                                           
                                                                                                                                
Commissioner  Bishop   listed  "Key   FY10  Accomplishments"                                                                    
(Slide 3):                                                                                                                      
                                                                                                                                
   · Protect Workers                                                                                                            
        o The lost workday illness and injury rate per 100                                                                      
          employees was reduced  by 9% from 1.76  in FY09 to                                                                    
          1.6 in FY10.                                                                                                          
                                                                                                                                
Commissioner  Bishop   reported  that   worker  compensation                                                                    
premiums  had  declined  in  2010 for  the  third  year  and                                                                    
efforts to  educate employers and workers  on the importance                                                                    
of workplace safety improved both  employer bottom lines and                                                                    
the  safety of  employees. He  opined the  changes were  the                                                                    
direct result  of changes made in  when he came to  the DLWD                                                                    
four years  prior, especially reinvigorating  the governor's                                                                    
safety  council. He  stressed  the value  of public  service                                                                    
announcements (PSA) about safety issues.                                                                                        
                                                                                                                                
1:40:44 PM                                                                                                                    
                                                                                                                                
Commissioner  Bishop pointed  out  that  DLWD had  partnered                                                                    
with  schools  to  further   youth  safety  and  employment.                                                                    
Outreach had been  done that touched 5,300  students in 2009                                                                    
and  5,100 in  2010 in  57  schools. The  number of  workers                                                                    
compensation incidents  for minors dropped from  169 in 2008                                                                    
to 38  in 2010.  He emphasized that  DLWD would  continue to                                                                    
expand  the  youth  safety and  education  programs  in  all                                                                    
school  districts. He  believed that  educating early  would                                                                    
impact the young person throughout their working life.                                                                          
                                                                                                                                
Co-Chair  Thomas  referred  to   the  fishermen's  fund  and                                                                    
reminded fishermen  that they must have  their limited entry                                                                    
permit  in   possession  January  1.  Without   the  permit,                                                                    
injuries  on the  boat would  not  be covered.  Commissioner                                                                    
Bishop offered to do a press release or PSA on the issue.                                                                       
                                                                                                                                
Commissioner  Bishop pointed  to "Key  FY10 Accomplishments"                                                                    
(Slide 3):                                                                                                                      
                                                                                                                                
   · Workforce Development                                                                                                      
        o The nonresident hire rate in 2009 was 19.1%, down                                                                     
          from  19.6% in  2008.Nonresidents earned  13.3% of                                                                    
          total    wages    in    2009,    unchanged    from                                                                    
          2008.Nonresidents accounted  for 28.1% of  the oil                                                                    
          industry  workers (including  major oil  companies                                                                    
          and  oilfield services)  in  2009;  this was  down                                                                    
          from 29.8% one  year ago and is the  lowest in the                                                                    
          last five years.                                                                                                      
        o The department served over 143,000 individuals                                                                        
          through the  job center  network and  online labor                                                                    
          exchange system. 36,308 total entered employment,                                                                     
          facilitated by the department.                                                                                        
        o AVTEC trained 1,462 individuals in FY 10.                                                                             
          Programs range from five days to eleven months.                                                                       
          The completions for programs exceeding six weeks                                                                      
          was 84%.                                                                                                              
   · Income Replacement                                                                                                         
        o Despite historically high claims for unemployment                                                                     
          benefits, Alaska's unemployment insurance trust                                                                       
          remains solvent with a December 31, 2010, balance                                                                     
          of $243.9 million.                                                                                                    
                                                                                                                                
Commissioner   Bishop  detailed   that  related   to  income                                                                    
replacement,  30 other  states  collectively  had to  borrow                                                                    
more than  $40 billion  from the  federal government  to pay                                                                    
unemployment   insurance.   He   recognized  work   by   the                                                                    
legislature for creating Alaska's program.                                                                                      
                                                                                                                                
1:45:03 PM                                                                                                                    
                                                                                                                                
Commissioner Bishop  spoke to the nonresident  hire rate. He                                                                    
stated  his commitment  to improving  training for  Alaskans                                                                    
and reducing the non-resident hire rate.                                                                                        
                                                                                                                                
Commissioner  Bishop   noted  that  there  had   been  1,610                                                                    
graduates through the General  Equivalency Diploma (GED) and                                                                    
adult basic education program. He  noted he personally signs                                                                    
the GED diplomas,  which comprise 18 percent  of high school                                                                    
diplomas issued in the state.                                                                                                   
                                                                                                                                
Commissioner Bishop emphasized  that the Employment Security                                                                    
Division (ESD)  had served over 143,000  individuals through                                                                    
the job  center network  and on-line labor  exchange system,                                                                    
and  36,308   had  entered  employment.  He   stressed  that                                                                    
networking  was the  key to  success. He  spent time  in the                                                                    
resource room talking to clients  about their skill sets and                                                                    
helping  them find  employment.  He  appreciated staff  that                                                                    
helped Alaskans find work.                                                                                                      
                                                                                                                                
Representative Edgmon requested  a numbers breakdown related                                                                    
to non-resident  hire for  different industry  sectors, such                                                                    
as  oil and  seafood.  He informed  the  committee that  his                                                                    
district  included   Unalaska,  where  43  percent   of  the                                                                    
community was  Asian, and over  20 different  languages were                                                                    
spoken in the school.                                                                                                           
                                                                                                                                
GUY BELL,  ASSISTANT COMMISSIONER AND DIRECTOR,  DIVISION OF                                                                    
ADMINISTRATIVE SERVICES,  DEPARTMENT OF LABOR  AND WORKFORCE                                                                    
DEVELOPMENT,  replied  that  about   75  percent  of  Alaska                                                                    
seafood workers were non-resident.                                                                                              
                                                                                                                                
1:49:30 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stoltze asked  for more  information. Commissioner                                                                    
Bishop  replied  that  the  methodology  used  to  determine                                                                    
resident  hire was  a combination  of cross-matching  social                                                                    
security  numbers in  the  ESD and  the  permanent fund  for                                                                    
residency requirements.                                                                                                         
                                                                                                                                
TOM  NELSON, DEPUTY  COMMISSIONER, DEPARTMENT  OF LABOR  AND                                                                    
WORKFORCE DEVELOPMENT, added that  I-9 verification was also                                                                    
checked in the Seafood Office.  Eligibility to work was also                                                                    
verified,   including  checking   green   cards  and   other                                                                    
documentation allowing work in the seafood industry.                                                                            
                                                                                                                                
Co-Chair Stoltze noted  that a person could  be eligible for                                                                    
a permanent fund  dividend (PFD) without being  a citizen of                                                                    
the U.S.                                                                                                                        
                                                                                                                                
Commissioner Bishop  spoke to the  question of  reducing the                                                                    
numbers  of  non-residents  hired.  He stated  that  he  had                                                                    
focused on  getting more Alaskans trained  on the year-round                                                                    
legacy jobs  in the  seafood industry.  In addition,  he had                                                                    
worked with  processors, who had not  historically recruited                                                                    
in  the Interior.  He planned  to have  a strategy  planning                                                                    
session in February in Juneau to address recruitment.                                                                           
                                                                                                                                
1:52:01 PM                                                                                                                    
                                                                                                                                
Representative  Costello queried  non-resident  hire in  the                                                                    
oil  industry.  She  requested  a  breakdown  of  where  the                                                                    
nonresident workforce  came from and what  percentage of the                                                                    
total workforce was represented.                                                                                                
                                                                                                                                
Representative  Costello  referred to  vocational  education                                                                    
and asked whether the department  worked with the Department                                                                    
of Education and Early Development  to reach young people in                                                                    
high  school  with  vocational skills.  Commissioner  Bishop                                                                    
replied that his presentation would  give an overview of the                                                                    
career-technology  education  plan,  which  connected  youth                                                                    
into areas with high nonresident  hire rate. He listed areas                                                                    
that  the  Alaska  Workforce Board  targeted:  construction,                                                                    
mining, oil and gas, healthcare, and so on.                                                                                     
                                                                                                                                
Representative Wilson  referred to people who  worked on the                                                                    
North  Slope but  owned homes  in  the Lower  48 where  they                                                                    
lived during their  two weeks off. She  wondered whether the                                                                    
department tracked permanent  residency. Commissioner Bishop                                                                    
responded  that a  person had  to  spend a  certain time  in                                                                    
Alaska to receive a PFD.                                                                                                        
                                                                                                                                
Representative  Wilson viewed  people  who  lived in  Alaska                                                                    
half-time  as  Alaskans.  She  wondered   why  there  was  a                                                                    
perception  that  North  Slope  workers  lived  outside  the                                                                    
state. She questioned the true numbers.                                                                                         
                                                                                                                                
1:56:36 PM                                                                                                                    
                                                                                                                                
Commissioner  Bishop responded  that  he  could spend  hours                                                                    
providing a  comprehensive overview on resident  hire broken                                                                    
down  by  occupation and  industry.  He  noted that  he  had                                                                    
worked on the North Slope for  18 years and knew other life-                                                                    
long  Alaskans worked  there and  spent winters  outside the                                                                    
state.                                                                                                                          
                                                                                                                                
Representative Wilson asked for  a handout with the numbers.                                                                    
Commissioner    Bishop   referred    to   the    publication                                                                    
"Nonresidents  Working  in  Alaska," the  non-resident  hire                                                                    
report for 2009. He recommended the document.                                                                                   
                                                                                                                                
Representative Neuman  asked what occupations  attracted the                                                                    
most  nonresident   hires.  He   wondered  how   the  budget                                                                    
reflected Alaskans being trained  to fill positions occupied                                                                    
by  non-residents. Commissioner  Bishop offered  to get  the                                                                    
information.                                                                                                                    
                                                                                                                                
Representative Gara opined  that the state did  not have the                                                                    
coordinated  vocational-education  program   it  needed.  He                                                                    
thought there  was a  problem with  North Slope  workers not                                                                    
being Alaskans.  He pointed to the  pipeline training center                                                                    
in Fairbanks. He  queried the effort made  by the department                                                                    
to bring people from rural  areas to be trained in Fairbanks                                                                    
for the North Slope jobs.                                                                                                       
                                                                                                                                
2:00:55 PM                                                                                                                    
                                                                                                                                
Commissioner   Bishop   responded   that  the   effort   was                                                                    
extensive.  He  provided  data  that was  a  year  old,  and                                                                    
promised  to  get more  recent  data  to the  committee.  He                                                                    
detailed that  more than  27 percent of  the class  that had                                                                    
gone through the class was from rural Alaska.                                                                                   
                                                                                                                                
Representative  Gara  wanted  more living  space  for  rural                                                                    
people  so they  could get  the training.  He referred  to a                                                                    
visit he  had made along  the Yukon  River when there  was a                                                                    
fire  two years  prior.  He described  mushroom pickers  who                                                                    
came to  the state in the  aftermath of the fire.  He stated                                                                    
that the  people picked  morel mushrooms and  made a  lot of                                                                    
money selling  them. He asked  whether DLWD was  planning to                                                                    
train locals to be prepared  for a cottage industry like the                                                                    
mushrooms that  spring up  after fires.  Commissioner Bishop                                                                    
answered  in the  affirmative; one  of  the most  compelling                                                                    
DLWD  success  stories  related  to  the  rural  firefighter                                                                    
training  program. The  department  had  provided more  than                                                                    
$100,000  to   promote  and  recruit  rural   residents  for                                                                    
firefighters training. Skills were  intended to create other                                                                    
opportunities  for  other  seasonal  employment  within  the                                                                    
Division of  Forestry. He noted that  100 rural firefighters                                                                    
were trained the previous years.                                                                                                
                                                                                                                                
Representative  Gara asked  about training  for the  gourmet                                                                    
mushrooms.  Commissioner Bishop  was not  familiar with  the                                                                    
mushroom pickers.                                                                                                               
                                                                                                                                
Representative   Guttenberg   agreed  that   the   described                                                                    
mushroom industry was big and  pointed out that considerable                                                                    
money was  made by  mushroom brokers.  He thought  the state                                                                    
should explore the issue.                                                                                                       
                                                                                                                                
Representative Gara recommended thinking outside the box.                                                                       
                                                                                                                                
Representative  Guttenberg  stated  that local  hire  was  a                                                                    
significant issue for him. He  wanted to know everything the                                                                    
administration was doing related  to promote local hire. The                                                                    
heads  of companies  could insist  on hiring  Alaskans, then                                                                    
subcontractors and others down the line would follow suit.                                                                      
                                                                                                                                
2:07:26 PM                                                                                                                    
                                                                                                                                
Representative  Costello  referenced the  Pipeline  Training                                                                    
Center  in Fairbanks  and asked  whether  any Alaskan  could                                                                    
take advantage of it. Commissioner  Bishop answered that the                                                                    
program  was inclusive,  not exclusive.  He  offered to  get                                                                    
more detailed information.                                                                                                      
                                                                                                                                
Vice-chair  Fairclough   queried  the  definition   of  non-                                                                    
residency.  She  wondered   whether  the  numbers  regarding                                                                    
nonresidents  were  separated  out by  union  and  non-union                                                                    
people. Commissioner Bishop responded  that the data did not                                                                    
distinguish between union and non-union.                                                                                        
                                                                                                                                
Vice-chair Fairclough questioned  whether the issue affected                                                                    
the number  of nonresidents hired.  She gave the  example of                                                                    
Ocean Rangers, who were brought  up out of Seattle, although                                                                    
now  there was  a training  program in  Alaska. Commissioner                                                                    
Bishop replied  that Alaskans were  being prepared  to apply                                                                    
for Ocean Ranger positions.                                                                                                     
                                                                                                                                
2:11:06 PM                                                                                                                    
                                                                                                                                
Commissioner  Bishop   directed  attention  to   the  Alaska                                                                    
Vocational  Technical Center  (AVTEC),  which trained  1,462                                                                    
people  in FY  10. He  encouraged visits.  He reported  that                                                                    
there  had   been  84   percent  completions   for  programs                                                                    
exceeding six weeks.                                                                                                            
                                                                                                                                
Commissioner Bishop informed the  committee that a new core-                                                                    
driller apprenticeship  program had  piloted the  prior year                                                                    
and was progressing.  He noted upcoming plans  to expand the                                                                    
program.  The  program  would   train  rural  residents  and                                                                    
prepare them for  high-paying and high-skilled core-drilling                                                                    
jobs. The program was the first  of its kind in the U.S. and                                                                    
Canada.                                                                                                                         
                                                                                                                                
Commissioner  Bishop reported  that  he had  toured the  new                                                                    
Goose Creek facility to view  classrooms and shop spaces for                                                                    
training.  He hoped  to coordinate  with  the Department  of                                                                    
Corrections  to  get  pre-apprenticeship programs  ready  to                                                                    
reduced recidivism.                                                                                                             
                                                                                                                                
Co-Chair Stoltze thought  Goose Creek was a  good example of                                                                    
cooperative efforts  for local  hire. The emphasis  had been                                                                    
on Mat-Su Borough local hire.  The project was bonded by the                                                                    
borough. He  maintained there  were ways  for local  hire to                                                                    
work out through collaborative agreements.                                                                                      
                                                                                                                                
Co-Chair Thomas  noted that several  thousand of  his people                                                                    
had gone to the Mat-Su to look for work.                                                                                        
                                                                                                                                
2:14:39 PM                                                                                                                    
                                                                                                                                
Commissioner Bishop  continued that  he was excited  about a                                                                    
joint  program  by  the Departments  of  Public  Safety  and                                                                    
Education and  Early Development,  a cadet corps  program in                                                                    
Sitka. He  thought there was a  trend towards collaboration.                                                                    
Another  example  was  a   foster-youth  program  worked  on                                                                    
jointly by the Department of  Health and Social Services and                                                                    
DLWD.                                                                                                                           
                                                                                                                                
Commissioner  Bishop highlighted  an AVTEC  solar-wind-hydro                                                                    
program; the  wind turbine  was operating  in Seward  up and                                                                    
close to being commissioned. He  added that AVTEC had a good                                                                    
diesel  power-generation  program,  and  would  be  able  to                                                                    
incorporate  solar,  wind,  and   hydro  power,  and  create                                                                    
alternative energy sources in rural Alaska.                                                                                     
                                                                                                                                
Commissioner  Bishop  directed  attention to  FY  12  budget                                                                    
highlights (Slide 4):                                                                                                           
                                                                                                                                
   · DLWD total Budget request FY12 was just under $194                                                                         
     million; just under $102 million of that was federal                                                                       
     funding.                                                                                                                   
   · DLWD proposed four programmatic increments:                                                                                
        o $1 million towards Career and Technical Education                                                                     
          (CTE) Plan                                                                                                            
        o $250,000 for AVTEC for deferred maintenance,                                                                          
          expansion of maritime                                                                                                 
                                                                                                                                
2:18:13 PM                                                                                                                    
                                                                                                                                
Commissioner  Bishop  detailed that  the  CTE  plan was  the                                                                    
direct  result  of the  gasline  training  plan strategy  II                                                                    
developed three years prior (Slide 5):                                                                                          
                                                                                                                                
     Alaska Career and Technical Education Action Plan                                                                        
                                                                                                                                
     A collaborative effort of the Departments of Labor and                                                                     
     Workforce   Development   and   Education   and   Early                                                                    
     Development and the University of Alaska                                                                                   
                                                                                                                                
     The  Plan outlines  a comprehensive,  integrated career                                                                    
     and technical  education (CTE)  system for  Alaska that                                                                    
     aligns  training programs  and coordinates  delivery to                                                                    
     prepare Alaskans for Alaska careers. Six strategies:                                                                       
                                                                                                                                
        1. Smooth    transitions    from     secondary    to                                                                    
          postsecondary education and from school to work.                                                                      
      2. Align curricula to meet industry standards.                                                                            
        3. Identify and promote CTE delivery models that                                                                        
          provide all Alaskans the knowledge and skills for                                                                     
          further training and careers.                                                                                         
        4. Recruit, develop, support and retain high-quality                                                                    
          CTE teachers.                                                                                                         
        5. Maximize the use of public facilities for                                                                            
          training.                                                                                                             
        6. Establish  and   maintain   sustainable   funding                                                                    
          mechanisms for a successful CTE system.                                                                               
                                                                                                                                
     $1 million  FY12 budget  request to  implement priority                                                                    
     actions,  including  competitive grants  and  technical                                                                    
     support to school districts.                                                                                               
                                                                                                                                
Commissioner Bishop stressed that the tool would help get                                                                       
Alaskan young people on the pathway to careers starting in                                                                      
grade school and on through high school.                                                                                        
                                                                                                                                
Commissioner Bishop turned to the second budget request for                                                                     
$250,000 for AVTEC for deferred maintenance. He talked                                                                          
about the Maritime Training Program (Slide 6):                                                                                  
                                                                                                                                
   · Maritime Training Program $48.0 UGF, $51.0 DGF & 1 PPT                                                                     
     -AVTEC will have the capacity  to train 60 mariners per                                                                    
     year,  and qualify  Alaskans  for  employment in  Ocean                                                                    
     Ranger  positions on  cruise  ships traversing  Alaskan                                                                    
     waters. In  2010, 5 of  21 Ocean Rangers  deployed were                                                                    
     Alaskan residents.                                                                                                         
   · Maintenance Staff to Operating from Capital $250.0 UGF                                                                     
     -This  will move  all but  1 of  AVTEC's 6  maintenance                                                                    
     staff  to  the  operating budget.  The  positions  were                                                                    
     previously supported with  Capital Deferred Maintenance                                                                    
     funding.                                                                                                                   
                                                                                                                                
Representative Wilson appreciated work done tracking young                                                                      
people out of school and into their work lives.                                                                                 
                                                                                                                                
2:21:07 PM                                                                                                                    
                                                                                                                                
Commissioner Bishop listed other programs, including the                                                                        
nurse program (Slide 6):                                                                                                        
                                                                                                                                
   · Registered Nurse Training Program $226.8 UGF, $100.0                                                                       
     DGF, $300.0  Other & 2  PPT -An additional  20 Alaskans                                                                    
     will  be trained  to  become  Registered Nurses.  AVTEC                                                                    
     will be able  to satisfy the deliverables  on a federal                                                                    
     Health Professions  Opportunity Program grant  that the                                                                    
     Cook Inlet Tribal Council (CITC) received, for which                                                                       
     AVTEC is the sole provider.                                                                                                
                                                                                                                                
Co-Chair  Thomas   asked  whether  there  would   be  future                                                                    
requests to  replace federal funds  with general  funds. Mr.                                                                    
Bell estimated  that the state's future  commitment once the                                                                    
grant  to  CITC  expired   would  be  approximately  $60,000                                                                    
general funds.  He detailed that leasehold  improvements had                                                                    
to be made in the  Muldoon training center. The improvements                                                                    
were "front-loaded"  to a five-year period;  the lease would                                                                    
be raised for five years and then drop significantly.                                                                           
                                                                                                                                
Co-Chair  Stoltze  mentioned the  response  of  the City  of                                                                    
Seward  to AVTEC.  He wondered  Seward was  an odd  place to                                                                    
train  workers, since  he  did  not feel  it  cared for  the                                                                    
economy.  Commissioner  Bishop   responded  that  the  green                                                                    
energy program fit  the community of Seward.  He pointed out                                                                    
that the nurses program was in Anchorage.                                                                                       
                                                                                                                                
2:26:09 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:32:25 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
^BUDGET OVERVIEW: DEPARTMENT OF ENVIRONMENTAL CONSERVATION                                                                    
                                                                                                                                
2:32:39 PM                                                                                                                    
                                                                                                                                
LARRY  HARTIG,  COMMISSIONER,  DEPARTMENT  OF  ENVIRONMENTAL                                                                    
CONSERVATION,  introduced  a   PowerPoint  presentation.  He                                                                    
described  the mission  of the  Department of  Environmental                                                                    
Conservation  (DEC):   To  protect  human  health   and  the                                                                    
environment. He  pointed out that the  department's programs                                                                    
emphasized the links between humans  and the environment and                                                                    
ultimately dealt  with issues of  human health.  He reported                                                                    
that DEC  made sure the air,  water, and food was  safe, and                                                                    
that hazardous  waste was managed  safely and cleaned  up if                                                                    
released. The department also  oversaw public drinking water                                                                    
systems   and   waste   systems,  even   in   the   smallest                                                                    
communities.                                                                                                                    
                                                                                                                                
Commissioner Hartig  noted that  many DEC  functions derived                                                                    
from federal  acts (such as  the Clean Air Act,  Clean Water                                                                    
Act, and Resource Conservation Recovery  Act) that the state                                                                    
implemented or  was delegated  to run.  He noted  that there                                                                    
were  often very  complex requirements  associated with  the                                                                    
programs. The  state often  found itself  being the  "oil in                                                                    
the machine"  between the federal  government and  the local                                                                    
communities  trying  to   implement  the  difficult  federal                                                                    
requirements that sometimes do not  work well in Alaska. The                                                                    
department works  with the federal government  and the local                                                                    
community to make sense of the complex requirements.                                                                            
                                                                                                                                
2:36:51 PM                                                                                                                    
                                                                                                                                
Commissioner Hartig listed  "Responsibilities and Functions"                                                                    
of the department (Slide 3):                                                                                                    
                                                                                                                                
   · Develop standards                                                                                                          
   · Issue permits                                                                                                              
   · Provide compliance and financial assistance                                                                                
   · Respond to spills of oil and other hazardous                                                                               
     substances                                                                                                                 
   · Safeguard the quality of food and seafood                                                                                  
   · Operate the State Environmental Health Lab                                                                                 
   · House the Office of the State Veterinarian                                                                                 
   · Regulate pesticides and certain types of use                                                                               
   · Educate and assist the public                                                                                              
   · Interact with our federal agency counterparts                                                                              
   · Investigate violations and enforce state law                                                                               
                                                                                                                                
Commissioner Hartig  explained that the  department develops                                                                    
standards for emissions of air  and water. The standards are                                                                    
applied to  permits or other authorizations.  The state also                                                                    
has to  track the situation and  measure performance against                                                                    
the standard and to demonstrate that the standards are met.                                                                     
                                                                                                                                
Commissioner Hartig continued that  the state issues permits                                                                    
and  then ensures  compliance.  The  department will  assist                                                                    
people with  compliance and  had the  ability to  make loans                                                                    
and grants to communities for water and sewer projects.                                                                         
                                                                                                                                
Commissioner Hartig  noted that  DEC addresses  food safety.                                                                    
Food that comes  from outside the state or  that is produced                                                                    
in   Alaska  and   shipped  outside   falls  under   federal                                                                    
jurisdiction. Any  food produced  and consumed in  the state                                                                    
is regulated by DEC.                                                                                                            
                                                                                                                                
Co-Chair  Thomas  asked  whether  DEC was  involved  in  the                                                                    
exported   morel   mushrooms   discussed  in   the   earlier                                                                    
presentation.   Commissioner   Hartig  answered   that   the                                                                    
department would  inspect and  regulate mushrooms  that were                                                                    
packaged to be shipped outside  the state. He added that the                                                                    
mushroom business was big.                                                                                                      
                                                                                                                                
2:40:14 PM                                                                                                                    
                                                                                                                                
Commissioner Hartig  emphasized that the quality  of seafood                                                                    
was very  important. He noted  that other  governments asked                                                                    
the  department to  certify products  leaving the  state. He                                                                    
pointed  out  that  even   though  interstate  commerce  and                                                                    
national commerce were regulated  by the federal government,                                                                    
through  the  Food and  Drug  Administration  (FDA) or  U.S.                                                                    
Department  of Agriculture  (USDA), they  relied heavily  on                                                                    
state operatives to conduct the inspections.                                                                                    
                                                                                                                                
Commissioner Hartig  explained that  DEC operated  the State                                                                    
Environmental Health Lab in Anchorage,  housed the Office of                                                                    
the  State Veterinarian,  regulated  pesticides and  certain                                                                    
types of use, such as the railroad.                                                                                             
                                                                                                                                
Commissioner  Hartig  pointed  out   that  DEC  was  also  a                                                                    
regulatory  and enforcement  agency with  police powers;  it                                                                    
could  issue subpoenas  with the  attorney general's  office                                                                    
and bring civil and criminal actions.                                                                                           
                                                                                                                                
Commissioner   Hartig   directed   attention  to   a   table                                                                    
containing  an overview  of the  budget. He  summarized that                                                                    
the   department's  operating   budget  had   fairly  steady                                                                    
funding.   There  were   small  increments   and  additional                                                                    
positions  that did  not represent  new initiative  with new                                                                    
programs;  increases were  related  to more  work  in a  few                                                                    
areas,  including  the  gasline initiative.  He  noted  that                                                                    
preparing for a large gasline  required a great deal of work                                                                    
up-front. Under  the Alaska  Gasline Inducement  Act (AGIA),                                                                    
the proposal  was to  have permits  by 2014;  the department                                                                    
was required to collect baseline  data, create a model about                                                                    
existing and future emissions, and determine right-of-ways.                                                                     
                                                                                                                                
2:44:39 PM                                                                                                                    
                                                                                                                                
Vice-chair   Fairclough   asked   whether   the   department                                                                    
duplicated any  of the work  done by the Alaska  Natural Gas                                                                    
Development  Authority  (ANGDA). Commissioner  Hartig  could                                                                    
not think  of any overlap.  He stated  that the role  of DEC                                                                    
was not looking at  pipeline routes or economic feasibility,                                                                    
but looking at air and water emissions and permits.                                                                             
                                                                                                                                
Commissioner  Hartig directed  attention to  a pie  chart on                                                                    
Slide 5  illustrating the  FY 12  budget request  by program                                                                    
divisions:                                                                                                                      
                                                                                                                                
   · Administration: 10.6% or $8,583.9                                                                                          
   · Air Quality: 12.9% or $10,385.7                                                                                            
   · DEC Buildings Maintenance and Operations: 0.7% or                                                                          
     $560.1                                                                                                                     
   · Environmental Health: 22.2% or $17,912.1                                                                                   
   · Spill Prevention and Response: 23.1% or $18,649.2                                                                          
   · Water: 30.5% or $24,559.2                                                                                                  
                                                                                                                                
Commissioner Hartig detailed the components of the Division                                                                     
of Administration (Slide 7):                                                                                                    
                                                                                                                                
   · Commissioner's Office                                                                                                      
        o Commissioner: Larry Hartig                                                                                            
        o Deputy: Dan Easton                                                                                                    
   · Administrative Services                                                                                                    
        o Director: Mary Siroky                                                                                                 
             ƒEnvironmental Crimes Unit                                                                                        
             ƒInformation Services                                                                                             
             ƒFinancial Services                                                                                               
             ƒBudget Services                                                                                                  
            ƒProcurement & Building Management                                                                                 
   · State Support Services                                                                                                     
   · Challenges:                                                                                                                
        o Increased Lease Costs                                                                                                 
   · New Initiatives:                                                                                                           
        o No Significant New Initiatives                                                                                        
                                                                                                                                
Commissioner Hartig  detailed that  the division  housed the                                                                    
Environmental  Crimes Unit  with two  criminal investigators                                                                    
(in Fairbanks)  and one  civil investigator  (in Anchorage).                                                                    
The  unit would  be  notified for  larger  and more  serious                                                                    
violations  and  would  work  with  the  attorney  general's                                                                    
office. He  noted that the  state had  environmental crimes,                                                                    
but not that many. The  unit worked closely with the federal                                                                    
government.                                                                                                                     
                                                                                                                                
Commissioner Hartig  pointed out that the  biggest challenge                                                                    
for  the  Division  of Administration  was  increased  lease                                                                    
costs, illustrated  on Slide 8.  Over the past  seven years,                                                                    
lease  costs   have  increased   about  $1.4   million.  The                                                                    
department  had  been  absorbing  the costs;  there  was  an                                                                    
increment  in the  FY 12  operating budget  for $468,900  to                                                                    
help  offset some  of the  cost,  but about  $1 million  was                                                                    
absorbed.  He   emphasized  that   a  $1  million   hit  was                                                                    
significant for DEC as a  relatively small department with a                                                                    
total operating  budget of $80  million (30  percent federal                                                                    
funds).                                                                                                                         
                                                                                                                                
2:48:25 PM                                                                                                                    
                                                                                                                                
Vice-chair Fairclough  wondered if  environmental assessment                                                                    
data of contaminated  sites related to the  gas line project                                                                    
expired. Commissioner  Hartig clarified that he  referred to                                                                    
a DEC data base of contaminated  sites in the state that was                                                                    
referenced for a  variety of purposes. In relation  to a gas                                                                    
line, the data could be used  to determine if any portion of                                                                    
an 8oo mile long proposed  corridor or construction site for                                                                    
a gas line was contaminated,  who was responsible, and if it                                                                    
was remedied.  He added  that the  records help  to identify                                                                    
potential risks to a project.                                                                                                   
                                                                                                                                
Vice-chair  Fairclough  asked  about baseline  data  on  air                                                                    
quality  for analysis  in furthering  gas line  development.                                                                    
She wondered if there was  a "shelf life" for data collected                                                                    
on air  quality in the  event development takes  many years.                                                                    
Commissioner Hartig explained that  various air quality data                                                                    
was  gathered. For  example, meteorological  data would  not                                                                    
change that much  over the years but air  emissions data was                                                                    
continuously  monitored. He  elaborated  that Federal  Clean                                                                    
Air Act  required standards were "prevention  of significant                                                                    
deterioration"(PSD);  an air  pollution ceiling  established                                                                    
to  protect  human  health.   The  department  examined  the                                                                    
cumulative impact  of existing  development to  remain under                                                                    
the ceiling and in the  "attainment area" established by the                                                                    
federal  regulations.  The  department  restricted  existing                                                                    
emissions  to allow  new  industry on  the  North Slope.  He                                                                    
related   that  multiple   new  projects   such  as:   outer                                                                    
continental  shelf, standard  regional on  shore, gas  line,                                                                    
etc. were  slated for potential development.  The department                                                                    
must  draw  conservative   emission  assumptions  to  remain                                                                    
within allowable  limits and enable future  development. The                                                                    
department introduced  monitoring programs for  air emission                                                                    
data.  The data  will be  updated constantly  for all  North                                                                    
Slope development.                                                                                                              
                                                                                                                                
Representative Wilson  voiced that Fairbanks  was designated                                                                    
a  "non-attainment"  area.  She  asked  if  the  designation                                                                    
denied Fairbanks the benefits of a gas line.                                                                                    
                                                                                                                                
Commissioner Hartig responded  that Fairbanks was designated                                                                    
a   non-attainment  area   because  of   "p  m   2.5"  small                                                                    
particulate matter  generated by wood stoves.  He elaborated                                                                    
that monitoring data guided  efficient and effective choices                                                                    
to  mitigate  the  problem  and  measures  progress  towards                                                                    
attainment. He furthered that if  a municipality remained in                                                                    
a non-attainment  area designation for too  long the federal                                                                    
government can  withhold highway funds. The  designation can                                                                    
restrict development since  the allowable emission standards                                                                    
are  in violation,  there  isn't room  for  new industry  to                                                                    
emit.                                                                                                                           
                                                                                                                                
2:55:46 PM                                                                                                                    
                                                                                                                                
Representative  Wilson clarified  that her  concern was  the                                                                    
non-attainment  area designation  prohibited the  additional                                                                    
use  of   natural  gas  because  of   cumulative  emissions.                                                                    
Commissioner Hartig  confirmed the  situation. He  felt that                                                                    
it was important  to work toward attainment  and that timing                                                                    
was critical.                                                                                                                   
                                                                                                                                
Representative   Costello   referred  to   increased   costs                                                                    
associated with leases. She asked  how the department funded                                                                    
the  increases  the  last   seven  years  without  increased                                                                    
available   funding.   Commissioner    Hartig   pointed   to                                                                    
information  included  on  the   bottom  of  Slide  8,  that                                                                    
detailed the  cost cutting measures taken  by the department                                                                    
to cover lease costs:                                                                                                           
                                                                                                                                
   Cost Cutting Measures Taken To Cover Increased Lease                                                                         
   Costs:                                                                                                                       
  · Equipment replacement schedules have been delayed or                                                                        
     discontinued indefinitely. Replacement is only                                                                             
     occurring as equipment fails and only after a                                                                              
     determination that it meets a vital need.                                                                                  
   · Positions are being held vacant resulting in                                                                               
     diminished customer service levels.                                                                                        
   · Funding for new air monitoring sites and special                                                                           
     studies has been dropped from current spending plans.                                                                      
   · The number of site visits for compliance monitoring                                                                        
     has been reduced.                                                                                                          
   · Contracts for petroleum research and shore zone                                                                            
     mapping have been cancelled.                                                                                               
  · Travel expenditures have been reduced beyond the 10%                                                                        
     travel reduction absorbed in FY11.                                                                                         
                                                                                                                                
Commissioner Hartig  noted that  the reductions  were spread                                                                    
throughout the department.                                                                                                      
                                                                                                                                
Co-Chair  Thomas   asked  what  community   experienced  the                                                                    
largest  increase   in  lease  costs.   Commissioner  Hartig                                                                    
identified   Anchorage.  He   explained   that   due  to   a                                                                    
miscalculation in the rent when  the department entered into                                                                    
the  lease they  paid too  much. The  offset resulted  in an                                                                    
artificially low rent for a  period of time. The increase in                                                                    
FY12 reflected the  actual cost of the Anchorage  rent and a                                                                    
jump in Juneau rent.                                                                                                            
                                                                                                                                
2:59:40 PM                                                                                                                    
                                                                                                                                
Co-Chair Thomas  asked when the Anchorage  and Juneau leases                                                                    
expired.   Commissioner   Hartig    offered   to   get   the                                                                    
information.                                                                                                                    
                                                                                                                                
Representative  Costello  queried  shore  zone  mapping  and                                                                    
petroleum  research timelines.  She asked  if the  work will                                                                    
increase  and  when  completion was  expected.  Commissioner                                                                    
Hartig replied  that program managers and  directors set the                                                                    
priorities  for   what  work  was  relevant   and  required.                                                                    
Performing the work was a  question of timing; executed when                                                                    
pertinent to a project.                                                                                                         
                                                                                                                                
Representative  Gara wondered  if  trucking  in natural  gas                                                                    
from  the  North Slope  for  use  in  Fairbanks was  a  more                                                                    
productive use of state funds  than the regulatory approach.                                                                    
Monitoring  and  enforcing  air quality  still  resulted  in                                                                    
violations. Commissioner  Hartig explained that  the problem                                                                    
was timing  and health  issues. A transition  to a  gas line                                                                    
would  take  time. Air  quality  must  be addressed  in  the                                                                    
interim. The  federal regulations were based  on significant                                                                    
human health  concerns. The department  believed significant                                                                    
air  quality  improvement   was  achievable  through  better                                                                    
stoves and  other similar measures.  He emphasized  that the                                                                    
department wanted  to work with  the community,  find viable                                                                    
solutions and advocate for them to the federal government.                                                                      
                                                                                                                                
3:04:13 PM                                                                                                                    
                                                                                                                                
Representative Gara  restated the  question. He  pointed out                                                                    
that gas line aside, the  community of Fairbanks was working                                                                    
on  trucking in  natural  gas in  a  cost-effective way.  He                                                                    
suggested  that  instead  of  fining  people  for  poor  air                                                                    
quality  standards,  why not  use  the  regulatory money  to                                                                    
bring cheaper, cleaner gas and  help the community burn less                                                                    
wood. Commissioner  Hartig asserted that the  department had                                                                    
not penalized  anyone in the  community. The  department was                                                                    
working with the community to  develop a containment plan to                                                                    
achieve  compliance over  time. He  stressed that  DEC never                                                                    
issued  any fines,  and preferred  that  the community  deal                                                                    
with individual violators.                                                                                                      
                                                                                                                                
Vice-chair Fairclough  queried whether the  department asked                                                                    
the  legislature   for  increases  to  cover   lease  costs.                                                                    
Commissioner Hartig replied that  the FY12 governor's budget                                                                    
contained  an  increment   of  $468.9  thousand.  Vice-chair                                                                    
Fairclough voiced  that the  additional expense  resulted in                                                                    
reduced services.  She wondered  if DEC  requested increases                                                                    
during the years of higher lease costs.                                                                                         
                                                                                                                                
LAURA BEASON,  ACTING DIRECTOR, DIVISION OF  INFORMATION AND                                                                    
ADMINISTRATIVE   SERVICES,   DEPARTMENT   OF   ENVIRONMENTAL                                                                    
CONSERVATION, answered  that a small increase  was requested                                                                    
in FY08. She related that  the largest expenses was incurred                                                                    
in FY10.  Additional significant  lease costs  occurred over                                                                    
the past two years.                                                                                                             
                                                                                                                                
3:07:53 PM                                                                                                                    
                                                                                                                                
Representative   Edgmon   inquired   about   the   secondary                                                                    
wastewater issue  in Unalaska and the  department's external                                                                    
relations  with the  Environmental Protection  Agency (EPA).                                                                    
Commissioner Hartig felt that  the relationship with the EPA                                                                    
was  very   good.  He  shared  that   conflicts  occured  in                                                                    
connection with national  standards that do not  fit well in                                                                    
Alaska,  resource constraints  that  do  not match  Alaska's                                                                    
priorities,  and timing  demands  to implement  regulations.                                                                    
For    example,   the    secondary   wastewater    treatment                                                                    
requirements  or rising  diesel  costs in  Fairbanks at  the                                                                    
same time  as compliance deadlines and  national regulations                                                                    
for particulate  emissions became  law.  He  emphasized that                                                                    
despite the issues the relationship worked.                                                                                     
                                                                                                                                
Commissioner Hartig explained  secondary treatment of public                                                                    
wastewater and  the problem it  poses for many  rural Alaska                                                                    
communities.  He  related  that primary  treatment  employed                                                                    
separation,  filtering,  and   settling  of  wastewater  and                                                                    
discharged   the   effluent.   Secondary   treatment   added                                                                    
biological processes to remove  more of the contaminants out                                                                    
of  the  water. The  process  was  more effective  but  more                                                                    
expensive.  The  EPA  established the  secondary  wastewater                                                                    
regulations over  30 years ago.  The agency  offered waivers                                                                    
for Alaskan  communities in recognition  that many  were not                                                                    
ready   to   comply.   Only   eight   communities   applied.                                                                    
Consequently,  the EPA  issued  waivers  to all  communities                                                                    
that  would  have  gotten  a  waiver  if  they  had  applied                                                                    
(including  Unalaska).  The  agency reserved  the  right  to                                                                    
could  suspend the  waiver at  any  time. He  added that  of                                                                    
late, the EPA  determined that Unalaska was  in violation of                                                                    
their primary  wastewater permit, and must  also comply with                                                                    
secondary  wastewater regulations.  The  waiver was  revoked                                                                    
for other factors: Unalaska is  a larger community with more                                                                    
economic  development, not  a Native  community (one  of the                                                                    
factors),  and  the water  discharged  was  located next  to                                                                    
seafood  plants   that  attract  the   endangered  Steller's                                                                    
Eiders.                                                                                                                         
                                                                                                                                
Commissioner  Hartig   continued  that  the  state   in  the                                                                    
meantime, took primacy  and will issue the  next permit. The                                                                    
department  believed that  an  enhanced  primary permit  was                                                                    
adequate  and the  money  saved was  better  spent on  other                                                                    
larger  priorities  such  as  landfill  and  drinking  water                                                                    
compliance  issues. He  thought that  Unalaska was  a unique                                                                    
situation,  but  the  concern  was  whether  the  EPA  would                                                                    
suspend waivers in other communities.  He concluded that the                                                                    
state  will deliberate  with the  EPA until  agreements were                                                                    
reached.                                                                                                                        
                                                                                                                                
Representative  Edgmon  commented that  secondary  treatment                                                                    
could  cost Unalaska  $30 -  $40 million.  He wanted  DEC to                                                                    
take a more aggressive stance with the EPA.                                                                                     
                                                                                                                                
Co-Chair Thomas  asked if the federal  government will force                                                                    
the state to enforce  drinking water regulations. He queried                                                                    
if the  department would help  communities obtain  new water                                                                    
systems needed  for compliance. Commissioner  Hartig related                                                                    
that the department's  Environmental Health Division oversaw                                                                    
food  safety  and public  water  plants.  He explained  that                                                                    
public drinking water from water  facilities that serve over                                                                    
25  people were  regulated under  the federal  Safe Drinking                                                                    
Water  Act.  The   regulations  were  updated  periodically.                                                                    
Recently,  the  EPA  identified  a  new  pathogen,  mandated                                                                    
additional treatment and that  all public water systems come                                                                    
into compliance, even  though the pathogen may  not exist in                                                                    
Alaskan  communities. He  reported  that Cordova,  Ketchikan                                                                    
and  other communities  were struggling  to comply.  DEC was                                                                    
committed  to  resolving the  issue  with  waivers or  other                                                                    
means of  alternative compliance. He asserted  the issue was                                                                    
another instance  where the department was  working with the                                                                    
EPA on behalf of communities to come up with solutions.                                                                         
                                                                                                                                
3:18:33 PM                                                                                                                    
                                                                                                                                
Commissioner   Hartig  furthered   that   DEC  was   working                                                                    
arduously on  the waste  water issues  in Unalaska  and held                                                                    
numerous discussions with the EPA.                                                                                              
                                                                                                                                
Co-Chair  Thomas  added  that  the  "water  bug"  [pathogen]                                                                    
inflicted  very  expensive  and burdensome  regulations  for                                                                    
Cordova and  other communities making  compliance difficult.                                                                    
Commissioner Hartig assured that DEC  was aware of issue and                                                                    
working   with  Cordova.   Co-Chair  Thomas   suggested  the                                                                    
legislature   might  introduce   a  resolution   encouraging                                                                    
federal  help. He  guessed that  compliance could  cost $100                                                                    
million or more.                                                                                                                
                                                                                                                                
Commissioner Hartig  directed attention  to the  Division of                                                                    
Environmental Health (Slide 9):                                                                                                 
                                                                                                                                
     Components:                                                                                                                
                                                                                                                                
     • Director's Office                                                                                                        
       Director: Kristin Ryan                                                                                                   
                                                                                                                                
          • Food Safety & Sanitation                                                                                            
          • Laboratory Services                                                                                                 
          • Drinking Water                                                                                                      
          • Solid Waste Management                                                                                              
          • Building Maintenance & Operations                                                                                   
                                                                                                                                
     • Challenges:                                                                                                              
                                                                                                                                
          - High Risk Food Safety Inspections                                                                                   
          - Environmental Health Lab Revenues                                                                                   
                                                                                                                                
     • New Initiatives:                                                                                                         
                                                                                                                                
          - Shellfish Pilot Program                                                                                             
          - Deregulating Low Risk Small Business and                                                                            
               Community Event Foods                                                                                            
                                                                                                                                
Commissioner  Hartig   spoke  of   a  new   initiative  that                                                                    
monitored   paralytic   shellfish    poisoning   (PSP)   for                                                                    
recreational users. The shellfish  pilot program asked local                                                                    
communities  to  collect  samples   and  send  them  to  the                                                                    
environmental health  lab in Anchorage. The  department will                                                                    
report back  to the  local community  about safe  and unsafe                                                                    
beaches. He  reported that close  monitoring for PSP  was in                                                                    
place for the commercial shellfish  industry. Due to loss of                                                                    
life in Alaska the pilot  program was vital for recreational                                                                    
users. The funding  request for the FY12  capital budget was                                                                    
$400   thousand.  The   department  will   consider  program                                                                    
expansion with success of the pilot.                                                                                            
                                                                                                                                
Co-Chair Thomas  requested clarification on funding  for the                                                                    
commercial shellfish program.                                                                                                   
                                                                                                                                
3:22:56 PM                                                                                                                    
                                                                                                                                
Commissioner Hartig  explained that  in FY11  the department                                                                    
added  a  field  operator  position  to  collect  commercial                                                                    
shellfish samples  for PSP testing.  In FY12  the department                                                                    
requested an increment for  a laboratory microbiologist. The                                                                    
position's duties  will include  processing PSP  samples for                                                                    
commercial and recreational users                                                                                               
                                                                                                                                
Commissioner Hartig  turned attention to slide  10, Division                                                                    
of Air Quality:                                                                                                                 
                                                                                                                                
     Director: Alice Edwards                                                                                                    
                                                                                                                                
     Components:                                                                                                                
        · Director's Office                                                                                                     
        · Air Quality                                                                                                           
                                                                                                                                
     Challenges:                                                                                                                
        · Federal Rules for Greenhouse Gas                                                                                      
        · Fairbanks Air quality                                                                                                 
                                                                                                                                
     New Initiatives                                                                                                            
        · Gasline permitting                                                                                                    
        · North Slope Cumulative Air Quality                                                                                    
                                                                                                                                
Commissioner   Hartig   indicated    that   EPA   instituted                                                                    
regulatory reporting of greenhouse  gas emissions for larger                                                                    
facilities. Permits were required.  The regulations were new                                                                    
to industry and  the state. The state  must investigate what                                                                    
control technologies the facilities  could employ to prevent                                                                    
or reduce their emissions. He mentioned that                                                                                    
                                                                                                                                
Representative Guttenberg  opined that Fairbanks  was unique                                                                    
in  the  world  for   severity  of  temperature  inversions;                                                                    
resulting in  poor air quality  and sick citizens.  He asked                                                                    
what authority DEC would exercise  to address the problem as                                                                    
the compliance deadline  looms. Commissioner Hartig restated                                                                    
that the department was working  closely with the borough on                                                                    
the issue. The borough does  not enforce emissions for home-                                                                    
heating  devices; responsibility  falls  on  the state.  The                                                                    
department  does not  have administrative  penalties it  can                                                                    
enforce. Violations  must be enforced through  civil action,                                                                    
which has not happened. A  complaint hot-line was set up. He                                                                    
repeated that  DEC was working  with the borough and  EPA on                                                                    
an attainment plan.  He warned that EPA will  write the plan                                                                    
if  attainment was  not  reached. Representative  Guttenberg                                                                    
believed  if the  state lost  control the  EPA will  wield a                                                                    
heavy hand. He referred  to uncooperative citizens and asked                                                                    
if  DEC  established  a  timeline  to  prosecute  violators.                                                                    
Commissioner  Hartig revealed  that  the  department had  to                                                                    
"fall  into" enforcement.  He had  hoped for  local control.                                                                    
The department did advance a  timeline; they were working on                                                                    
a case by  case basis. Severe violations would  cause DEC to                                                                    
accelerate  enforcement.  The  bottom  line  was  protecting                                                                    
human health.                                                                                                                   
                                                                                                                                
3:28:52 PM                                                                                                                    
                                                                                                                                
Representative  Joule recounted  the problem  with naturally                                                                    
occurring  asbestos   in  Ambler.  When  gravel   was  moved                                                                    
asbestos  dust  particles were  released  in  the air.  Some                                                                    
projects  were  held  up.  A  clean  source  of  gravel  was                                                                    
identified. The problems were resolved.  He worried that the                                                                    
same problem could arise constructing  the road to the Upper                                                                    
Goldbelt  mining  district  in   Ambler.  He  asked  if  the                                                                    
administration  planned   to  develop  guidelines   for  air                                                                    
quality   or   propose  legislation.   Commissioner   Hartig                                                                    
commented that there were no  standards in Alaska when using                                                                    
asbestos containing materials.  The asbestos fibers released                                                                    
in the  air were a human  health risk. A working  group from                                                                    
the  Department  of  Transportation  and  Public  Facilities                                                                    
(DOT), Department of Health and  Social Services (DHSS), and                                                                    
DEC  were examining  the issue  to determine  if regulations                                                                    
and statutes were necessary.                                                                                                    
                                                                                                                                
                                                                                                                                
Commissioner Hartig  directed attention  to the  Division of                                                                    
Spill Prevention and Response (SPAR) (Slide 11).                                                                                
     Components:                                                                                                                
                                                                                                                                
          • Director's Office                                                                                                   
            Director: Larry Dietrick                                                                                            
          • Industry Preparedness & Pipeline Operations                                                                         
          • Prevention & Emergency Response                                                                                     
          • Contaminated Sites Program                                                                                          
          • Response Fund Administration                                                                                        
                                                                                                                                
     • Challenges:                                                                                                              
                                                                                                                                
          - Declining Prevention Account Balance                                                                                
                                                                                                                                
          • New Initiatives:                                                                                                    
          - Contaminated Site Identification for Gasline                                                                        
            Work                                                                                                                
          - Deepwater Horizon Lessons and Risk Assessment                                                                       
            Work Plan                                                                                                           
          - Aleutian Island Marine Traffic Risk Assessment                                                                      
                                                                                                                                
                                                                                                                                
He communicated  that SPAR was  funded through  the response                                                                    
fund.  He  referenced  Slide  11,  "How  the  Response  Fund                                                                    
Works"):                                                                                                                        
                                                                                                                                
     • Response Account                                                                                                         
                                                                                                                                
     - Funded by 1¢ surcharge on each barrel of oil                                                                             
     - Surcharge suspended when fund exceeds $50 M                                                                              
    - Pays for situations deemed emergency or imminent                                                                          
       threat                                                                                                                   
                                                                                                                                
     • Prevention Account                                                                                                       
                                                                                                                                
     - Funded by a 4¢ surcharge on each barrel of oil                                                                           
     - Pays for the programs within the Spill Prevention &                                                                      
     Response Division and associated capital projects                                                                          
                                                                                                                                
Commissioner Hartig explained how  the response fund worked.                                                                    
The fund represented  the five cents surcharge  on crude oil                                                                    
that  was produced  in  the state.  When  the response  fund                                                                    
dropped below $50  million the one cent  surcharge kicked in                                                                    
until the fund  was replenished. The four  cents portion was                                                                    
used  to fund  SPAR  operations.  Commissioner Hartig  cited                                                                    
Slide 14  that illustrated a graph  depicting the prevention                                                                    
account balance and  consequences of a six  to seven percent                                                                    
yearly decline in North Slope  production. He noted that the                                                                    
cost  of running  SPAR  increased  as production  decreased.                                                                    
SPAR was  living on  a surplus,  which was  diminishing. The                                                                    
surcharge  will not  replenish the  fund enough  to run  the                                                                    
division.                                                                                                                       
                                                                                                                                
3:34:41 PM                                                                                                                    
                                                                                                                                
Representative Costello  asked why  DEC's oil  decline curve                                                                    
differed from  the Department  of Revenue's  (DOR) predicted                                                                    
decline.  Commissioner  Hartig   corrected  that  the  curve                                                                    
illustrated the  decline in  the prevention  account balance                                                                    
not crude oil production.                                                                                                       
                                                                                                                                
Commissioner Hartig  continued that in FY11  the legislature                                                                    
added intent language to  the department's budget soliciting                                                                    
proposals  for  the  fund's sustainability.  The  department                                                                    
outlined  two options,  either  increase  the surcharge,  or                                                                    
back fill with  general funds. He emphasized  that the issue                                                                    
was  complex.  He  assured that  the  Governor  was  closely                                                                    
tracking the account to consider options.                                                                                       
                                                                                                                                
Representative  Guttenberg  asked   if  the  department  was                                                                    
authorized  to back-charge  the  party  responsible for  the                                                                    
spill. Commissioner  Hartig explained  that DEC  was legally                                                                    
required  to  prosecute  the Potentially  Responsible  Party                                                                    
(PRP). The collected funds were  deposited into a mitigation                                                                    
account.  The  legislature decided  the  use  of the  money.                                                                    
Historically  the  funds  were always  re-appropriated  back                                                                    
into the response fund.                                                                                                         
                                                                                                                                
3:38:10 PM                                                                                                                    
                                                                                                                                
Commissioner Hartig turned to water quality (Slide 15):                                                                         
                                                                                                                                
     Division of Water Quality                                                                                                  
     Program Director: Lynn Kent                                                                                                
                                                                                                                                
     Components:                                                                                                                
                                                                                                                              
          • Water Quality                                                                                                       
          • Facility Construction                                                                                               
               - Village Safe Water Program                                                                                     
               - Municipal Grants & Loan                                                                                        
                                                                                                                                
     • Challenges:                                                                                                              
                                                                                                                                
          - Declining Federal Funding in the Village Safe                                                                       
          Water                                                                                                                 
            Program                                                                                                             
          - Completing and Maintaining Permitting Primacy                                                                       
          - Water Quality Standards                                                                                             
                                                                                                                                
     • New Initiatives:                                                                                                         
          - Gasline Permitting                                                                                                  
                                                                                                                                
Commissioner  Hartig relayed  that  the  Village Safe  Water                                                                    
Program  operated  in  communities of  <600  residents.  The                                                                    
program was  funded with 75  percent federal funding  and 25                                                                    
percent state  match. Federal  funding was  declining, about                                                                    
40  percent in  the last  seven  years. He  cited Slide  16,                                                                    
"Rural Alaska Water and Sewer"  that depicted a graph of the                                                                    
funding  decline  between 2004  and  2011.  He identified  a                                                                    
table  on  Slide  17  that  showed  how  the  federal  match                                                                    
declined from 2004 to 2011. He  pointed out that in 2004 the                                                                    
United States  Department of Agriculture  (USDA) contributed                                                                    
$30  million, down  to $17.4  million in  2011. In  2004 the                                                                    
EPA's match  was $43  million decreasing  to $13  million in                                                                    
201l.   He   added   that  the   state's   match   decreased                                                                    
accordingly.   Special   set    aside   funds   for   native                                                                    
communities: Indian Health Service  (IHS) and EPA Tribal had                                                                    
declined. The overall totals went  from $127 million in 2004                                                                    
to $77 million  in 2011; a precipitous drop  predicted to go                                                                    
to   zero.  Commissioner   Hartig  added   that  in   larger                                                                    
communities  the  state  provides  $23  million  a  year  in                                                                    
funding for a municipal match  program. In FY12 the governor                                                                    
proposed  $20 million  in matching  funds  from the  capital                                                                    
budget.                                                                                                                         
                                                                                                                                
Representative   Gara   referred   to  a   letter   he   and                                                                    
Representative Austerman sent DEC  requesting a proposal for                                                                    
additional  inspectors  for  the  food  safety  program.  He                                                                    
recounted  that  in  budget   subcommittee  last  year  they                                                                    
learned that a  lack of food safety  inspectors rendered the                                                                    
program was a danger to  public health. Additional funds for                                                                    
more  inspectors  were  not   requested  in  the  governor's                                                                    
budget. The department's response was  to leave it up to the                                                                    
legislature. He wondered what  the administration planned to                                                                    
do. Commissioner  Hartig divulged  that DEC's level  of food                                                                    
inspections  were  well   below  federal  requirements.  The                                                                    
difficulty  was the  size and  accessibility  of Alaska.  In                                                                    
other  states, county  governments carried  out inspections.                                                                    
In Alaska,  Anchorage was the only  community that performed                                                                    
and funded inspections. All other  communities relied on the                                                                    
state. Statewide  DEC performed one inspection  per facility                                                                    
every four years; recommended twice  each year. He indicated                                                                    
that the  DEC's solution was  to address the issue  in other                                                                    
ways.  The department  would need  31 more  inspectors at  a                                                                    
cost of $2  million per year to carry  out inspections twice                                                                    
a year. He  did not believe the legislature  would fund that                                                                    
amount.                                                                                                                         
                                                                                                                                
3:44:08 PM                                                                                                                    
                                                                                                                                
Representative  Gara   concluded  that   the  issue   was  a                                                                    
significant  public danger.  He was  concerned that  nothing                                                                    
was done. He  felt inaction could lead to loss  of life. The                                                                    
legislature  relied  on  public policy  proposals  from  the                                                                    
agency.  He  felt the  agency  was  "passing the  buck"  for                                                                    
liability on to the legislature.                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 3:46 PM.                                                                                           

Document Name Date/Time Subjects
DEC Presentation for HFC 1.28.11.pdf HFIN 1/28/2011 1:30:00 PM
DOLWD FY 12 Budget Overview 1-28-2011PDF.pdf HFIN 1/28/2011 1:30:00 PM