Legislature(2005 - 2006)CAPITOL 124
02/22/2006 08:30 AM House FISHERIES
| Audio | Topic |
|---|---|
| Start | |
| HJR29 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HJR 29 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON FISHERIES
February 22, 2006
8:41 a.m.
MEMBERS PRESENT
Representative Gabrielle LeDoux, Co-Chair
Representative Bill Thomas, Co-Chair
Representative John Harris
Representative Peggy Wilson
MEMBERS ABSENT
Representative Jim Elkins
Representative Mary Kapsner
Representative Woodie Salmon
COMMITTEE CALENDAR
HOUSE JOINT RESOLUTION NO. 29
Urging the United States Department of Justice and the Alaska
Department of Law to identify all natural resource damages from
the Exxon Valdez oil spill that were unanticipated at the time
of the 1991 settlement, to develop plans to remedy the damages,
and to present the ExxonMobil Corporation with a request for the
full $100,000,000 that is available through the "Reopener for
Unknown Injury" clause of the 1991 civil settlement to carry out
these plans.
- MOVED HJR 29 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HJR 29
SHORT TITLE: COLLECT MORE EXXON VALDEZ SPILL DAMAGES
SPONSOR(s): REPRESENTATIVE(s) CROFT
02/01/06 (H) READ THE FIRST TIME - REFERRALS
02/01/06 (H) FSH, RES
02/22/06 (H) FSH AT 8:30 AM CAPITOL 124
WITNESS REGISTER
Eric Croft
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HJR29, as prime sponsor.
ACTION NARRATIVE
CO-CHAIR GABRIELLE LEDOUX called the House Special Committee on
Fisheries meeting to order at 8:41:37 AM. Representatives
Harris, Thomas, and LeDoux were present at the call to order.
Representative Wilson arrived as the meeting was in progress.
HJR 29-COLLECT MORE EXXON VALDEZ SPILL DAMAGES
8:42:07 AM
CO-CHAIR GABRIELLE LEDOUX announced that the only order of
business would be HOUSE JOINT RESOLUTION NO. 29 Urging the
United States Department of Justice and the Alaska Department of
Law to identify all natural resource damages from the Exxon
Valdez oil spill that were unanticipated at the time of the 1991
settlement, to develop plans to remedy the damages, and to
present the ExxonMobil Corporation with a request for the full
$100,000,000 that is available through the "Reopener for Unknown
Injury" clause of the 1991 civil settlement to carry out these
plans.
REPRESENTATIVE CROFT, Alaska State Legislature, presented HJR
29, Version 24-LS1603\A, as prime sponsor, paraphrasing from the
sponsor statement, which read as follows [original punctuation
provided]:
HJR 29 urges the federal and state governments to
request the $100 million available for unforeseen and
unanticipated damages stemming from the 1989 Exxon
Valdez oil spill. The 1991 civil settlement contains a
"Reopener for Unknown Injury" clause, which makes
these funds available if additional impacts are
discovered. Under the terms of the settlement, there
is a limited window in which to apply for these funds,
which closes on September 1, 2006. Plans for use of
the funds must be submitted to Exxon 90 days in
advance of the claim, or approximately June 1. This is
unrelated to ongoing litigation regarding the punitive
damages Exxon owes to individual Alaskans.
The resolution also requests an update from the
Attorneys General of Alaska or the United States
regarding the status of any reopener claim.
Since the spill and settlement, scientists funded by
the initial payments have determined a number of
unanticipated injuries to the spill zone. One major
impact that did not become evident until after the
settlement was the 1993 crash of the Prince William
Sound herring population. Scientists have determined
that crude oil affected the reproductive processes of
the herring, which explains the delayed onset of the
crash. Other significant discoveries regard lingering
oil. A number of beaches in Prince William Sound still
contain significant amounts of oil that has yet to
biodegrade. Since the spill and settlement, scientists
have also learned that they had underestimated the
toxicity of crude oil to wildlife. These issues, among
others, show the necessity of these additional
restoration funds.
The Kenai Peninsula Borough, Kodiak Island Borough,
and City of Cordova have passed resolutions in support
of this action.
8:46:13 AM
REPRESENTATIVE HARRIS asked for an explanation of the procedure
to be followed in order to pursue this clause and receive the
funds.
8:46:59 AM
REPRESENTATIVE CROFT responded that the consent decree states:
"Not withstanding any other provision, Exxon shall pay
additional sums if it meets the standard." Further, he read
that the standard shall have been met when:
There has been a substantial impact on one or more
populations, habitats, or species that is a
substantial loss or substantial decline, that that was
caused by the spill, and that the injury to the
effected population or habitat could not reasonably
have been known nor could it reasonably have been
anticipated by a (indisc.) trustee from any
information in the possession when we signed the
agreement.
REPRESENTATIVE CROFT stressed that if a request for payment is
not made to Exxon, then their obligation to pay any of this
money will end in September 2006. By making a request, he said
that a negotiated agreement could be reached, but if Exxon
refuses, the action would be handled in court as a breach of
contract. Responding to a question, he said that the $100
million is not automatic, but it is the cap. He stressed the
need to prove the criteria to receive any amount, and that will
be up to the scientists and lawyers.
8:48:45 AM
REPRESENTATIVE HARRIS inquired whether there is any indication
that the administration is currently attempting an appeal to
Exxon for more damage money based upon this action.
8:49:11 AM
REPRESENTATIVE CROFT there is a fair amount of work to prove
these issues, despite the complications, and the state
departments are working to establish proof of the standards. He
stressed that this request should stand independently of other
negotiations for the oil pipeline or a gas pipeline.
8:50:30 AM
REPRESENTATIVE HARRIS moved to report HJR 29, Version 24-
LS1603\A, out of committee with individual recommendations and
the accompanying fiscal notes. There being no objection, HJR
29, Version A, was reported out of the House Special Committee
on Fisheries.
8:50:41 AM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Fisheries meeting was adjourned at 8:50:41
AM.
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