Legislature(1999 - 2000)
01/28/1999 01:35 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
GENERAL SUBJECT(S): BUDGET OVERVIEWS FOR THE FOLLOWING DEPARTMENTS:
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
DEPARTMENT OF LAW
DEPARTMENT OF PUBLIC SAFETY
The following overview was taken in log note format. Tapes and
handouts will be on file with the House Finance Committee through the
21st Legislative Session, contact 465-2156. After the 21st Legislative
Session they will be available through the Legislative Library at 465-
3808.
Time Meeting Convened: 1:35 P.M.
TAPE HFC 99 - 9, Side 1.
TAPE HFC 99 - 9, Side 2.
TAPE HFC 99 - 10, Side 1.
PRESENT:
X
Representative G. Davis
X
Co-Chair Therriault
X
Representative Foster
X
Co-Chair Mulder
X
Representative Grussendorf
X
Representative Austerman
X
Representative Kohring
X
Representative Bunde
X
Representative Moses
X
Representative J. Davies
X
Representative Williams
ALSO PRESENT:
DAVID TEAL, DIRECTOR, LEGISLATIVE FINANCE; MICHELLE BROWN,
COMMISSIONER, DEPARTMENT OF ENVIRONMENTAL CONSERVATION; BARBARA
FRANK, DIRECTOR, DIVISION OF ADMINISTRATIVE SERVICES, DEPARTMENT OF
ENVIRONMENTAL CONSERVATION; BRUCE BOTELHO, ATTORNEY GENERAL,
DEPARTMENT OF LAW; DELL SMITH, DEPUTY COMMISSIONER, DEPARTMENT OF
PUBLIC SAFETY; KENNETH BISCHOFF, DIRECTOR, DIVISION
OFADMINISTRATIVE SERVICES, DEPARTMENT OF PUBLIC SAFETY;
LOG
SPEAKER
DISCUSSION
000
Co-Chair Mulder
Tape HFC 99 - 9, Side 1.
Convened the HFC meeting at 1:35 P.M.
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Introduced Commissioner Brown, Department
of Environmental Conservation
132
MICHELLE BROWN,
COMMISSIONER,
DEPARTMENT OF
ENVIRONMENTAL
CONSERVATION
Provided a history of why Governor Egan
created the agency of Department of
Environmental Conservation. It provides
more regulatory service for large
operators and the small business people.
259
Commissioner Brown
The department believes in doing service
correctly with a comprehensive
interdisciplinary approach. Cooperating
with the federal government. Safe and
healthy communities are the vision of the
department. Protection and prevention.
347
Commissioner Brown
Hard to put a value on prevention and
wellness. Protecting the state by
providing a level of confidence in the
Alaska citizens by managing to the levels
established.
461
Commissioner Brown
Department works in partnership with
business and works to manage risk.
Example of Prince Williams Sound. Oil and
Hazardous substance. Created public-
private partnership and have provided
training's to manage above water storage
tanks.
576
Commissioner Brown
Corps level functions, water, solid waste
projects, cleaning up sites, access
environmental problems, incentives for
water for drinking water, developed
protocol for food etc., technical
assistance for underground storage tanks.
665
Commissioner Brown
Highlighted fiscal policy issues: Reliance
on restrictive funding sources to provide
service to meet needs of citizens.
Difficult to access Corp government
functions. Not enough resources. How can
the Department set policy with restrictive
funding sources?
740
Commissioner Brown
General Funds have been decreased since
FY95 by 50%. Federal funds have stringent
rules on what that money can be used for.
820
Commissioner Brown
The costs to run a program needs to have
the proper mix of funds. The Corp level
of responsibilities must receive general
funding dollars. More reductions means
more risk for Alaskans.
884
Commissioner Brown
User fees represent 6.5% of the budget.
Legislature has the responsibility of
establishing the fees. There are many
issues on how to structure those fees.
975
Commissioner Brown
The issue of improving the permits
currently being issued. There needs to be
more use of general permits. Also, need
to use more third party contractors so not
to use the current staff. Can the
Department provide sufficient funding?
Theoretical modeling creating a more
restrictive permit.
1038
Commissioner Brown
Acquisition of federal government data.
Whether the state should move to
assumption as recommended by the key Ak
water permitting group which will cost in
state dollars.
1086
Commissioner Brown
Increments are risk reduction and
permitting. Risk reduction includes
checking of high-risk food surveying
facilities. Secondly, Safe Water Drinking
Act which require new monitoring for that
program. Water and WasteWater. The
federal government has provided more
funding for these programs. It does take
staff to implement the federal grants.
1170
Commissioner Brown
Two increments to improve the second
point. This will positively affect salmon
habitat. It will need a modest $11.5
million dollars.
1210
Commissioner Brown
Additional increments requiring budget
increments.
1230
Co-Chair Mulder
Asked if the Department had been asked to
decrease the budget.
1260
Commissioner Brown
Yes
1270
Co-Chair Mulder
Does public think this is an important
service?
1282
Commissioner Brown
They are very important. More info is
available through the internet.
Information must be provided.
1317
Commissioner Brown
The public often does not know what is
required of them. Public is often
uninformed.
1345
Co-Chair Mulder
Were vacancies recently filled?
1358
Commissioner Brown
Yes and explained the process. The net is
no increase and rearranged of staff. The
position was moved to Anchorage.
1400
Co-Chair Mulder
Believed that industry need more help than
the public?
1416
Commissioner Brown
Technical people do not always communicate
correctly for regulation packages and they
train the staff for communication. She
added that she had imposed a hiring chill.
1465
Co-Chair Mulder
Asked for clarification.
1483
Commissioner Brown
Explained the need for clear communication
by a team of people who build
complimentary skills. Some people are not
fully trained.
1524
Co-Chair Mulder
Salmon habitat?
1534
BARBARA FRANK,
DIRECTOR, DIVISION
OF ADMINISTRATIVE
SERVICES,
DEPARTMENT OF
ENVIRONMENTAL
CONSERVATION
It does not overlap with that in Fish and
Game. It came from board of Habitat last
year. Should not make changes that affect
the timber operations. Last year water
shed assessment to identify water bodies
throughout the state. Department of
Environmental Conservation is responsible
to clarify that info. There is
collaboration between the two agencies.
1619
Commissioner Brown
Important to coordinate throughout the
state. Work directly with EPA. Once on
the water body list.
1663
Co-Chair
Therriault
Asked the size of the Clean Air Fund?
1695
Commissioner Brown
Noted that the federal government asked
thatbe established but there are other $
needed in order to implement the program.
Every dollar has to be accounted for in
the established of the program. The
Department is limited as to what to do
with the funding. A mix of money is
needed.
1752
Co-Chair
Therriault
Disagreed with the need with technically
trained people.
1790
Co-Chair
Therriault
He acknowledged that Department of
Environmental Conservation has kept EPA at
bay.
1806
Commissioner Brown
Noted that there are many people who tract
permits. This is important for the large
operators.
1827
Representative
Grussendorf
Agreed that interpretation is important.
He referenced the BRU of environmental
health and the Seafood and San inspection.
1855
Ms. Frank
New component is Food Safety Component to
increase efficiencies.
1872
Representative
Bunde
Asked the kind of guidance given to the
information employees.
1903
Commissioner Brown
Reviews all press releases; guidance is
available in the lobbying issue. Not a
problem yet.
1933
Representative
Bunde
Asked how fees are set for permits in the
remote areas.
1971
Commissioner Brown
Stated that it varies. Travel costs are
averaged. Those costs are not included.
2014
Co-Chair
Therriault
That was addressed last year.
2026
Representative J.
Davies
Asked for examples of high-risk areas.
2037
Ms. Frank
There is a matrix that characterizes the
risks within a facility.i.e. smoking etc
ranking.
2070
Representative
Austerman
Asked for written copies of high risk. He
pointed out the difference between those
items contained in the short form.
2105
Ms. Frank
The only increment in that component is
$330 thousand dollars.
2121
Co-Chair Mulder
Pointed out fund source change, which
might be a sourer of the discrepancy.
2138
Ms. Frank
Agreed noting that it had been moved.
2150
Representative G.
Davis
He understood that program had been
removed. There are engineers who are
responsible for stamping certain programs.
Does this make sense? Why should that be
additionally approved? He asked if there
were other areas that this was occurring.
Those areas should be contracted.
2217
Commissioner Brown
Yes in both contracting and or hiring
third party people. Permitting often
fluctuates a lot. That is an area, which
has been looked at.
2259
Co-Chair Mulder
Representative Williams will be the
subcommittee chair.
000
TAPE CHANGE
DEPARTMENT OF LAW
038
BRUCE BOTHELO,
ASSISTANT ATTORNEY
GENERAL,
DEPARTMENT OF LAW
Explained the mission of the Department of
Law. He spoke to the handout and the task
of the department both civil and criminal.
118
Attorney General
Botelho
The civil division is divided in to 11
sections with the largest being in
Anchorage. He spoke to the current trends
happening in the State. There have been
fewer reported crimes although there have
been a steady increase in the caseload of
the Department. The other trend in the
criminal div has been the increase to
challenge the unlawful statutory schemes.
255
Attorney General
Botelho
Continued addressing current trends. On
the civil division side there are ongoing
efforts in child protection. There has
been an overwhelming flood in the State to
new hires in the private sector.
Overwhelmed state lawyers are leaving at a
dramatic rate. Huge impact causing other
lawyers to be assigned while trying to
fill vacancies.
419
Attorney General
Botelho
The second area of trouble, the amount of
tort regulation that has been brought upon
the State on behalf of the State with high
emotional content and heavily litigated.
Department of Law has felt this as a drain
on resources.
487
Attorney General
Botelho
Millers Reach Case to gain access and
class action certification and the Old Run
Case/state not timely responding to the
missing family. Tremendous impact on the
State.
547
Attorney General
Botelho
Consumer protection efforts have been
minimal. This area has not been as
aggressive as the State historically was.
Has required tremendous state resources.
616
Attorney General
Botelho
Litigation and settlement costs to the
State. Department of Law continues to
have on-going involvement and enforcement.
Currently, litigation with 13 different
places to sell to minors. Impact that has
affected and working with the FDC.
725
Attorney General
Bottle
Request for 1 full time attorney in
Consumer protection. The trends in the
kinds of cases and how they translate in
the budget request.
775
Attorney General
Botelho
Spoke to model legislation, which deals
with the non-settling manufactures. Not
required by 2001.
810
Co-Chair Mulder
Why is the settlement before the US
Supreme Court
827
Attorney General
Bottle
Each state is individually responsible for
their own settlement. It is a unique to
AK Department of Law. There must be 60-
wait period. Alaska is the only state,
which has that provision.
879
Representative J.
Davies
Asked if Alaska receipt of funds is
contingent on the proposed legislation.
919
Attorney General
Botelho
Reaching settlement with the five tobacco
companies felt that they would be put at a
disadvantage to the large companies and
asked for a provision to provide a safety
mechanism. The settlement must contain
certain standards throughout the industry.
1000
Representative
Bunde
Observed that who brought the suit? In
the civil division he thought that there
was overlap. Why the need for separate
subdivision.
1051
Attorney General
Botelho
Historically, Department of Law started
with resources division but with the
Prudoe Bay issue it became obvious that
additional section was necessary to
address all leasing issues as well as tax
related issues. This agency has focused
on Department of Fish and Game issues and
these kinds of issues surfaced with many
different related issues involving federal
and State relations. And issued tied to
State sovereignty and federal sov.
1157
Attorney General
Botelho
Corps of lawyers to provide legal advice
to the oil spill trustees and the federal
cleanup requirements.
1198
Attorney General
Botelho
These areas are interrupted yet distinct.
1217
Representative
Bunde
Asked how much administrative support was
needed.
1234
Attorney General
Botelho
Each attorney carries a full caseload and
in that respect, consolidation would be
unwise and would be beyond the ability for
the attorney.
1280
Co-Chair Mulder
Increase of $45 thousand for Post
Secondary Ed
1310
Attorney General
Botelho
State has developed a collection section
asking Department of Law to take on those
concerns as well as CSEA. Department of
Law delivers a good product for a cheaper
prices.
1354
Representative
Austerman
Asked when the first payment would be due.
1370
Attorney General
Botelho
June 30, 1999 or when 80% of the State has
signed on although there are challenges to
the settlements.
1427
Representative
Austerman
Federal loans requesting 50%
1431
Attorney General
Botelho
The federal Gov. agency has indeed noted
that they will garner 50% of the money for
Medicaid. Congress has asked that effort
not be undertaken. If there is effort,
Department of Law will be the ones to make
the effort. He indicated that there will
be a strong effort to enact resolutions to
express their concerns to congress that
federal got will leave the money alone.
1520
Representative J.
Davies
Is there a draft resolution?
1531
Co-Chair Mulder
Chair for Subcommittee will be
Representative Kohring.
1553
DEPARTMENT OF
PUBLIC SAFETY
1564
DELL SMITH, DEPUTY
COMMISSIONER,
DEPARTMENT OF
PUBLIC SAFETY
Spoke to the duties of the Department.
1614
Mr. Smith
$3.6 million dollar change to proposed
budget. Explained the increases.
Increment to Fish and Wildlife protection.
Maintain a target of 87 specialists on
ground. Support cost to maintain a
trooper level in the year 2000. In the
process of hiring the academy as
recommended last year by the Legislature.
1685
Mr. Smith
VPOS salary increase and absent increment
for Child Protection Act etc.
1717
Mr. Smith
The department has had cost increases
which has not been addressed with current
budget. There has been consternation
regarding the # of troopers. He listed
the current number of troopers and have
included the amount of support costs for
maintaining the recommended level.
1785
Mr. Smith
Funding approved $800 thousand dollars.
Currently, on track.
1810
Representative
Bunde
Asked where the new troopers will be
assigned.
1829
Mr. Smith
Offered to try although pointed out that
it is an ever-changing situation.
1848
Representative
Bunde
Asked if there was a statutory to maintain
a communication search and rescue network.
1868
Mr. Smith
Not within Department of Public Safety
1885
Representative G.
Davis
Commented on civil defense starting there.
He noted the increase for VPSO's.
1919
Mr. Smith
There was a 12% increase for VPSO's. The
initial request was for 35% increase,
which was not funded.
1942
Representative G.
Davis
Applauded the process of budgeting. He
noted that over the interim, officers
appointed to court transport of mental
patience. Troopers are assigned to
transport, he heard that there are some
contractual operations to do that.
2045
Mr. Smith
Replied that Department of Public Safety
has tasked contractual help address the
solution.
2071
Representative G.
Davis
Last year the department to boost up
prisoner transportation problem. Has the
prison situation been alleviated?
2095
Mr. Smith
Trying to relieve and are transferring
money around to address this concern.
Budgeting sufficient money for these
concerns.
2123
Representative G.
Davis
Concern for funding for lab in Anchorage.
Is there a crisis?
2150
Mr. Smith
The final outcome has found that the
municipal police department have expressed
concern yet so far have been able to deal
with it. During the interim, there has
been federal funding for the DNA testing
to process the DNA catalogue from
convicted offenders.
000
TAPE CHANGE
HFC 99 - 10, Side 1.
031
DELL SMITH
Have requested funding in year 2000
057
Representative G.
Davis
Are there an additional request for
funding of troopers in the last year.
103
Mr. Smith
The Legislature authorized 17 new troopers
for last year. He explained the need to
carry those troopers for a full year, not
an entire year.
164
Co-Chair Mulder
Up front that the Governor requested 19
less positions not the Legislature
242
Representative J.
Davies
Noted that these are complicated issues
and should not be mischaracterize these
positions.
285
Representative
Bunde
Why did the senate need witnesses there?
310
Representative
Austerman
Spoke to VPSO's in communities that had
varied responsibilities within the
communities. He asked if that had been
addressed.
365
Mr. Smith
Offered to investigate that information.
403
Representative
Williams
Asked why commercial fishermen, fire arms.
441
Mr. Smith
Are fully commissioned officers and in
some areas in the state they are the only
officers in those areas. They do serve
warrants in that function and are trained
as a state trooper.
514
Mr. Smith
Alaska believes that given the resource
value and the size of the State it is
important to have Department of Law
enforcement in that resource. There is a
brown shirt division within the department
and it is focused on Department of Law
enforcement.
589
Representative
Williams
Commented on his community and VPSO
officer having that responsibility.
640
Mr. Smith
Replied that if they are fully trained
State troopers.
676
Representative
Williams
Stated that it costs more for these
positions and those brown shirts level of
expertise required on that level and save
the state money.
727
Mr. Smith
Noted that other states have had game
wardens, which have not worked very well.
Brown shirts are an appropriate response
to the current needs.
779
Mr. Smith
Voiced concern that a number of
communities throughout the state, the only
Department of Law enforcement present is
the brown shirt.
813
Representative
Grussendorf
The person that is a brown shirt has the
same qualifications of a state trooper
835
Mr. Smith
All go through the same training and
regulations and additional expertise on
certain issues.
857
Representative G.
Davis
Provided an example of fish poaching.
That is the perception of people in the
state.
910
Co-Chair Mulder
Noted that Representative G. Davis would
be the Subcommittee Chair.
937
Co-Chair Mulder
Adjourned the meeting at 3:30 p.m.
HOUSE FINANCE COMMITTEE
LOG NOTES
January 28, 1999
H.F.C. 1 1/28/99
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