Legislature(2019 - 2020)BARNES 124

02/14/2020 01:00 PM House RESOURCES

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

Audio Topic
01:02:56 PM Start
01:03:38 PM HB138
03:00:41 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 138 NATIONAL RESOURCE WATER DESIGNATION TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
Testifiers must be signed up or call in by
1:30 pm
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                       February 14, 2020                                                                                        
                           1:02 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Geran Tarr, Co-Chair                                                                                             
Representative Grier Hopkins, Vice Chair                                                                                        
Representative Sara Hannan                                                                                                      
Representative Ivy Spohnholz                                                                                                    
Representative Dave Talerico                                                                                                    
Representative George Rauscher                                                                                                  
Representative Sara Rasmussen                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative John Lincoln, Co-Chair                                                                                           
Representative Chris Tuck                                                                                                       
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 138                                                                                                              
"An Act requiring  the designation of state  water as outstanding                                                               
national  resource  water  to  occur   in  statute;  relating  to                                                               
management  of   outstanding  national  resource  water   by  the                                                               
Department of  Environmental Conservation;  and providing  for an                                                               
effective date."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 138                                                                                                                  
SHORT TITLE: NATIONAL RESOURCE WATER DESIGNATION                                                                                
SPONSOR(s): REPRESENTATIVE(s) KOPP                                                                                              
                                                                                                                                
04/17/19       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/17/19       (H)       RES, FIN                                                                                               
04/29/19       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/29/19       (H)       Heard & Held                                                                                           
04/29/19       (H)       MINUTE(RES)                                                                                            
05/03/19       (H)       RES AT 1:00 PM BARNES 124                                                                              
05/03/19       (H)       Heard & Held                                                                                           
05/03/19       (H)       MINUTE(RES)                                                                                            
02/10/20       (H)       RES AT 1:00 PM BARNES 124                                                                              
02/10/20       (H)       Heard & Held                                                                                           
02/10/20       (H)       MINUTE(RES)                                                                                            
02/14/20       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JON LYMAN                                                                                                                       
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified in opposition  during the hearing                                                             
of HB 138.                                                                                                                      
                                                                                                                                
KATHRIN MCCARTHY                                                                                                                
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified in opposition  during the hearing                                                             
of HB 138.                                                                                                                      
                                                                                                                                
ROBERT ARCHIBALD                                                                                                                
Homer, Alaska                                                                                                                   
POSITION STATEMENT:   Testified in opposition  during the hearing                                                             
of HB 138.                                                                                                                      
                                                                                                                                
BOB SHAVELSON, Advocacy Director                                                                                                
Cook Inletkeeper                                                                                                                
Homer, Alaska                                                                                                                   
POSITION STATEMENT:   Testified in opposition  during the hearing                                                             
of HB 138.                                                                                                                      
                                                                                                                                
LINDSAY LAYLAND, Deputy Director                                                                                                
United Tribes of Bristol Bay                                                                                                    
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:   Testified in opposition  during the hearing                                                             
of HB 138.                                                                                                                      
                                                                                                                                
KATHERINE CARSCALLEN, Executive Director                                                                                        
Commercial Fishermen for Bristol Bay                                                                                            
Dillingham, Alaska                                                                                                              
POSITION STATEMENT:   Testified in opposition  during the hearing                                                             
of HB 138.                                                                                                                      
                                                                                                                                
KATIE DAWSON                                                                                                                    
Homer, Alaska                                                                                                                   
POSITION STATEMENT:   Testified in opposition  during the hearing                                                             
of HB 138.                                                                                                                      
                                                                                                                                
MELISSA ARONSON                                                                                                                 
Haines, Alaska                                                                                                                  
POSITION STATEMENT:   Testified in opposition  during the hearing                                                             
of HB 138.                                                                                                                      
                                                                                                                                
KATI CAPOZZI, President and CEO                                                                                                 
Alaska Chamber of Commerce                                                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Testified in support during  the hearing of                                                             
HB 138, Version K.                                                                                                              
                                                                                                                                
MARLEANNA HALL, Executive Director                                                                                              
Resource Development Council for Alaska                                                                                         
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Testified in support during  the hearing of                                                             
HB 138, Version K.                                                                                                              
                                                                                                                                
GERSHON COHEN PhD, Project Director                                                                                             
Alaska Clean Water Advocacy                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Testified in opposition  during the hearing                                                             
of HB 138.                                                                                                                      
                                                                                                                                
SHANNON DONAHUE                                                                                                                 
Haines, Alaska                                                                                                                  
POSITION STATEMENT:   Testified in opposition  during the hearing                                                             
of HB 138.                                                                                                                      
                                                                                                                                
DEANTHA CROCKETT, Executive Director                                                                                            
Alaska Miners Association                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Testified in support during  the hearing of                                                             
HB 138.                                                                                                                         
                                                                                                                                
ROBERT VENEBLES, Executive Director                                                                                             
Southeast Conference                                                                                                            
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified in support during  the hearing of                                                             
HB 138, Version K.                                                                                                              
                                                                                                                                
JAN CONITZ                                                                                                                      
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:   Testified in opposition  during the hearing                                                             
of HB 138.                                                                                                                      
                                                                                                                                
REPRESENTATIVE CHUCK KOPP                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Speaking as  the sponsor of HB 138, answered                                                             
a question and provided comments during the hearing of HB 138.                                                                  
                                                                                                                                
ERIC HOLLE                                                                                                                      
Haines, Alaska                                                                                                                  
POSITION STATEMENT:   Testified in opposition  during the hearing                                                             
of HB 138.                                                                                                                      
                                                                                                                                
LAURA FLEMING                                                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified in opposition  during the hearing                                                             
of HB 138.                                                                                                                      
                                                                                                                                
RICHARD FARNELL                                                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified in opposition  during the hearing                                                             
of HB 138.                                                                                                                      
                                                                                                                                
NANCY MORRIS LYON, Owner and Operator                                                                                           
Bear Trail Lodge                                                                                                                
King Salmon, Alaska                                                                                                             
POSITION STATEMENT:   Testified in opposition  during the hearing                                                             
of HB 138.                                                                                                                      
                                                                                                                                
JONATHAN WOOD                                                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified in opposition  during the hearing                                                             
of HB 138.                                                                                                                      
                                                                                                                                
FREDERICK OLSEN JR                                                                                                              
Sitka, Alaska                                                                                                                   
POSITION STATEMENT:   Testified in opposition  during the hearing                                                             
of HB 138.                                                                                                                      
                                                                                                                                
JOHN SONIN                                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified in opposition  during the hearing                                                             
of HB 138.                                                                                                                      
                                                                                                                                
LINDSEY BLOOM, Policy Director                                                                                                  
Salmon State                                                                                                                    
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified in opposition  during the hearing                                                             
of HB 138.                                                                                                                      
                                                                                                                                
MAKO HAGGERTY                                                                                                                   
Homer, Alaska                                                                                                                   
POSITION STATEMENT:   Testified in opposition  during the hearing                                                             
of HB 138.                                                                                                                      
                                                                                                                                
BRONK JORGENSEN, Chairman                                                                                                       
Alaska Minerals Commission; Trustee                                                                                             
Fortymile Mining District                                                                                                       
Tok, Alaska                                                                                                                     
POSITION STATEMENT:   Testified in support during  the hearing of                                                             
HB 138.                                                                                                                         
                                                                                                                                
HEATHER EVOY                                                                                                                    
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Testified in opposition  during the hearing                                                             
of HB 138.                                                                                                                      
                                                                                                                                
MARK NIVER, Spokesperson                                                                                                        
Commercial Fishermen for Bristol Bay                                                                                            
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT:   Testified in opposition  during the hearing                                                             
of HB 138.                                                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:02:56 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  GERAN   TARR  called   the  House   Resources  Standing                                                             
Committee meeting to order at  1:02 p.m.  Representatives Hannan,                                                               
Talerico, Spohnholz, Rauscher, Hopkins,  and Tarr were present at                                                               
the  call to  order.   Representative  Rasmussen  arrived as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
           HB 138-NATIONAL RESOURCE WATER DESIGNATION                                                                       
                                                                                                                                
1:03:38 PM                                                                                                                    
                                                                                                                                
CO-CHAIR TARR announced the only order of business would be                                                                     
HOUSE BILL  NO. 138, "An  Act requiring the designation  of state                                                               
water  as  outstanding  national   resource  water  to  occur  in                                                               
statute; relating to management  of outstanding national resource                                                               
water  by  the  Department  of  Environmental  Conservation;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
[Before the  committee was the  committee substitute for  HB 138,                                                               
Version K, adopted as a  working document during the bill hearing                                                               
on 2/10/20 and held over with public testimony open.]                                                                           
                                                                                                                                
1:06:45 PM                                                                                                                    
                                                                                                                                
JON  LYMAN gave  a  brief history  of his  work  with the  Alaska                                                               
Department of  Fish and Game  (ADFG) and his  personal experience                                                               
living  and working  in Bush  Alaska;  he stressed  the value  of                                                               
salmon  and clean  water to  Alaskans  living in  villages.   Mr.                                                               
Lyman  said similar  to [the  New England  Fish Company],  HB 138                                                               
guts Alaskans' right to clean water.  He remarked:                                                                              
                                                                                                                                
     One of the  main reasons Alaskans voted  for this state                                                                    
     was  to  regain  control  of their  fish  and  wildlife                                                                    
     resources.   New England Fish,  in, in  retribution for                                                                    
     that, shut  off virtually  every run  in the  state for                                                                    
     the last  ten years  before we became  a state,  and we                                                                    
     went  through  twenty  years   of  absolute  hell  with                                                                    
     everyone  from subsistence  to  commercial to  personal                                                                    
     use to sport, before the  Alaska Department of Fish and                                                                    
     Game finally got that resource back to health.                                                                             
                                                                                                                                
MR.  LYMAN recalled  discussions about  protecting water  and the                                                               
environment  and opined  [the process  written in  HB 138]  would                                                               
prevent local  groups from  preserving their  fisheries resource.                                                               
For example, mining activities by  the proposed Pebble Mine could                                                               
affect the  entire watershed and  the affected  communities could                                                               
not  respond.    He  concluded that  fish  are  a  billion-dollar                                                               
resource in  Alaska, but  are not valued  as such,  and expressed                                                               
his opposition to HB 138.                                                                                                       
                                                                                                                                
1:10:17 PM                                                                                                                    
                                                                                                                                
KATHRIN MCCARTHY said she has  been an Alaska resident since 1965                                                               
and expressed  her deep  opposition to HB  138, because  it turns                                                               
the  process into  a  political process;  for  example, the  bill                                                               
grants the governor the discretion  to appoint a nominating board                                                               
and removes  a right granted  by the Clean  Water Act.   She said                                                               
the process is deeply undemocratic  and prevents people who don't                                                               
have  money  to  designate  and protect  pristine  waters.    She                                                               
pointed out  Alaska is the  last state  to have potable  water on                                                               
its land.   Ms.  McCarthy referred  to the  serious effects  of a                                                               
recent  drought in  Southeast Alaska.   She  concluded HB  138 is                                                               
anti-subsistence and,  from her experience in  rural communities,                                                               
does not reflect the needs of Alaska Native people.                                                                             
                                                                                                                                
1:12:46 PM                                                                                                                    
                                                                                                                                
ROBERT ARCHIBALD said he has lived  in Alaska since the '60s.  He                                                               
said outstanding national resource waters  are national and he is                                                               
troubled  by the  direction of  the  bill.   Using seven  subject                                                               
matter experts,  who are nominated  by the governor  and approved                                                               
by the  legislature, may  take the science  out of  the spectrum.                                                               
He  expressed his  opposition  to  HB 138,  which  he said  would                                                               
politicize the issue and take science out.                                                                                      
                                                                                                                                
1:14:25 PM                                                                                                                    
                                                                                                                                
BOB SHAVELSON, Advocacy Director,  Cook Inletkeeper, informed the                                                               
committee Cook Inletkeeper is a  nonprofit organization formed in                                                               
1995 that  has over 8,000 members  throughout Southcentral Alaska                                                               
and that  has been involved  in salmon and salmon  habitat issues                                                               
and the Clean  Water Act for over 25 years.   Cook Inletkeeper is                                                               
strongly opposed to  HB 138, which has been amended  and now adds                                                               
more  bureaucratic  paralysis   that  would  prevent  nominations                                                               
seeking to nominate important waters.   Mr. Shavelson pointed out                                                               
the Alaska Mining  Association has paid a  lobbyist $120,000 over                                                               
two  years   to  promote  the   legislation  and   represent  its                                                               
interests; however, he opined the  interests of the Alaska Mining                                                               
Association are  not the public's  interests, and  nonprofits and                                                               
citizens' groups do not have equivalent funding.                                                                                
                                                                                                                                
1:16:17 PM                                                                                                                    
                                                                                                                                
LINDSAY LAYLAND,  Deputy Director,  United Tribes of  Bristol Bay                                                               
(UTBB),   said   UTBB   is  a   tribal   government   consortium,                                                               
headquartered  in Bristol  Bay, which  represents fifteen  tribal                                                               
governments and over 80 percent  of the in-region population that                                                               
depends  on  subsistence  activities   and  clean  waters  for  a                                                               
traditional way  of life.   Along with other  tribal governments,                                                               
UTBB has  submitted proposals  to nominate  and designate  Tier 3                                                               
waters.  These proposals have  been blatantly disregarded and now                                                               
would  be directed  to a  politically  motivated and  politically                                                               
driven process  within HB 138.   She expressed  UTBB's opposition                                                               
to HB 138 and said it  is the responsibility of the Department of                                                               
Environmental Conservation  (DEC), as  water quality  experts, to                                                               
designate Tier 3 waters because  a decision by an appointed board                                                               
or the legislature politicizes the  process rather than utilizing                                                               
sound science  and other  relevant factors.   She  strongly urged                                                               
for the  committee to  consider major amendments  to HB  138 that                                                               
would   eliminate  the   appointed  commission   and  legislative                                                               
approval or  action in designating outstanding  national resource                                                               
waters or Tier 3 waters.                                                                                                        
                                                                                                                                
1:18:45 PM                                                                                                                    
                                                                                                                                
KATHERINE  CARSCALLEN, Executive  Director, Commercial  Fishermen                                                               
for Bristol Bay, said she is  a lifelong Bristol Bay resident and                                                               
commercial  fisherman.    She expressed  opposition  to  HB  138.                                                               
Commercial Fishermen for  Bristol Bay is a  national coalition of                                                               
fishermen  working to  protect 14,000  jobs and  $1.5 billion  in                                                               
annual  economic   activity  provided  by  Bristol   Bay  salmon.                                                               
Alaska's fisheries  management systems in Bristol  Bay and Alaska                                                               
are examples  that prove large sustainable  fisheries can operate                                                               
with   public   participation    and   science-based   decisions.                                                               
Outstanding national resource water  designations are critical to                                                               
protect essential  waterways.  Ms. Carscallen  said the committee                                                               
can  create a  strong science-based  process incorporating  sound                                                               
management  and  protection   of  Alaska's  renewable  resources;                                                               
however, HB 138  creates a political process  without science and                                                               
public  participation.    She   recalled  Bristol  Bay  residents                                                               
submitted an application  ten years ago to  designate portions of                                                               
the Koktuli  River as Tier  3 waters;  since then, the  state and                                                               
proponents  of  the Pebble  Mine  stated  [nominators of  Koktuli                                                               
River] should  trust the state  and federal processes  to protect                                                               
waters.   At this time,  [nominators] "face a fast  track federal                                                               
permitting process";  HB 138 seems  to be a success  for Pebble's                                                               
lobbying  efforts  to  erode  the existing  process.    She  said                                                               
determining waters  of ecological  significance in  Alaska should                                                               
not be  a policy decision;  DEC and  ADFG are the  most qualified                                                               
agencies to  do so  and the  process should  be open  and public.                                                               
She  urged the  committee  to  not rush  to  decision and  ensure                                                               
Alaska remains a leader in sustainable resource management.                                                                     
                                                                                                                                
1:21:18 PM                                                                                                                    
                                                                                                                                
KATIE  DAWSON expressed  her  opposition  to HB  138  which is  a                                                               
tactic  to   push  through  the   Pebble  Mine   project  despite                                                               
overwhelming evidence of the damage  the mine would cause Bristol                                                               
Bay.  She  said the bill is a bureaucratic  maneuver that doesn't                                                               
change the  following facts:  the  Pebble Mine is a  disaster for                                                               
Alaska because it  will pollute Bristol Bay  and environs; Pebble                                                               
Mine is  an unrecoverable and  unfixable ecological  disaster; it                                                               
will  destroy  the   salmon  fishery  in  Bristol   Bay  and  its                                                               
ecosystem; it  will destroy  a viable  economy based  on tourism,                                                               
fishing,  and  bear  viewing; it  will  destroy  salmon  streams,                                                               
ecosystems,  and  fishermen;  it  will  destroy  bears  who  fish                                                               
together  on the  McNeil  River.   Ms.  Dawson cautioned  against                                                               
dredging  a  harbor that  experiences  stormy  weather and  other                                                               
dangerous  mining activities  that would  eventually lead  to the                                                               
death of  wildlife, only  to gain short-term  profits for  a few.                                                               
She restated her opposition to HB 138.                                                                                          
                                                                                                                                
1:24:46 PM                                                                                                                    
                                                                                                                                
MELISSA ARONSON expressed her opposition to  HB 138.  She said HB
138  proposes a  political decision  instead of  a decision  that                                                               
should be  based on  solid science and  looking to  a sustainable                                                               
future  that provides  for a  clean environment,  social justice,                                                               
Native and  subsistence users, and  salmon.  The  decision should                                                               
also   consider   long-term   economic  wellbeing   provided   by                                                               
industries such as the salmon  fisheries; mining would be a short                                                               
term  disaster and  Alaska's clean  waters need  to be  protected                                                               
from political influence.                                                                                                       
                                                                                                                                
REPRESENTATIVE  RASMUSSEN  pointed  out  an  advisory  commission                                                               
would consist of  the commissioners of the  Department of Natural                                                               
Resources, DEC, and  ADFG, all of whom  have science-backed teams                                                               
to  help  make  decisions;  in fact,  the  current  process  with                                                               
legislative  approval  was set  by  DEC  and lacks  science-based                                                               
decision-making.     She   said  adding   the  commission   would                                                               
strengthen science-based decisions.                                                                                             
                                                                                                                                
1:27:46 PM                                                                                                                    
                                                                                                                                
KATI  CAPOZZI, president  and CEO,  Alaska  Chamber of  Commerce,                                                               
said  Alaska Chamber  is an  organization dedicated  to improving                                                               
the  business  climate  in  Alaska  and  represents  hundreds  of                                                               
businesses that share  a common goal to make Alaska  a viable and                                                               
competitive place to  do business.  She expressed  support for HB
138, Version  K, and said  water designated  outstanding national                                                               
resource water  could negatively impact responsible  resource and                                                               
industrial   development   in   Alaska.     According   to   DEC,                                                               
approximately 175 million acres of  land in Alaska are considered                                                               
wetlands - which is over 43  percent of the total state acreage -                                                               
and more than  50 percent of Alaska is occupied  by water.  There                                                               
is  a  critical  need  to manage  Alaska's  water  resources  for                                                               
responsible use  and development  for the  present and  future of                                                               
the state's economy.  Further,  without a legislative designation                                                               
and water  management statute, Tier 3  designation could prohibit                                                               
responsible  and  regulated  development that  could  create  new                                                               
jobs,   increase  national   security,   and  strengthen   global                                                               
competitiveness.  Specifically, [Tier 3  status] could impact the                                                               
waterbody's  users such  as  motorized  vessels, residential  and                                                               
commercial   septic   systems,    stormwater   permits,   seafood                                                               
processors,  timber   harvesting,  and  others.     She  directed                                                               
attention  to her  previously submitted  written testimony  dated                                                               
4/28/19.  The  Alaska Chamber seeks a fair  and balanced approach                                                               
in  this regard  and  fully supports  HB 138  and  that only  the                                                               
legislature is authorized to make a Tier 3 water designation.                                                                   
                                                                                                                                
1:30:27 PM                                                                                                                    
                                                                                                                                
MARLEANNA HALL, executive  director, Resource Development Council                                                               
for  Alaska (RDC),  informed  the committee  RDC  is a  statewide                                                               
trade  association comprised  of individuals  and companies  from                                                               
fishing, forestry,  mining, oil and gas,  and tourism industries,                                                               
and including  twelve Alaska Native  corporations.  She  said RDC                                                               
is concerned  that Tier 3  water nominations have been  viewed by                                                               
entities  opposed to  development  as obstruction  opportunities;                                                               
without  a proper  designation  process, unnecessary  nominations                                                               
will  be  made to  target  projects  and will  cause  unnecessary                                                               
expense in  response to questionable and  unwarranted nominations                                                               
and resulting litigation.  Unnecessary  Tier 3 designations would                                                               
replace   existing   water   quality   protections   with   total                                                               
prohibition  of new  or  expanded  discharges, severely  limiting                                                               
activities; however,  HB 138 would  help protect land  and access                                                               
for   communities,   Alaska   Native  corporations,   and   rural                                                               
development.   Ms. Hall said HB  138 would put into  law a proper                                                               
mechanism,  for nomination  and  designation,  and would  require                                                               
proper vetting  of all nominations;  only the  legislature should                                                               
have  the authority  to  designate Tier  3,  consistent with  the                                                               
Alaska State Constitution, and she  urged the committee to report                                                               
HB 138, Version K, from committee.                                                                                              
                                                                                                                                
1:33:02 PM                                                                                                                    
                                                                                                                                
GERSHON  COHEN   PhD,  project   director,  Alaska   Clean  Water                                                               
Advocacy, said Alaska  Clean Water Advocacy has  been working for                                                               
28  years  to keep  Alaska's  water  clean  and productive.    He                                                               
expressed his opposition to HB  138 and directed attention to his                                                               
written comments that  have been provided to the  committee.  Dr.                                                               
Cohen,  in   response  to  Representative  Rasmussen,   said  the                                                               
proposed   [advisory   commission]   supports   a   science-based                                                               
decision; however,  because the  legislature has veto  power over                                                               
the commission's decision  and that of DEC, the  bill "makes this                                                               
once again  a completely political  decision."  Further,  he said                                                               
Tier 3  protection does  not prohibit  septic systems  or running                                                               
boats  and  offered to  correct  misinformation  in this  regard.                                                               
Finally, he  explained most  states utilize  a process  that uses                                                               
DEC  or  an  equivalent  agency,  with  or  without  an  advisory                                                               
committee,  to make  Tier 3  decisions  ....   [Due to  technical                                                               
difficulties, further  testimony was lost.   Additional testimony                                                               
by Dr. Cohen was heard later in the meeting.]                                                                                   
                                                                                                                                
1:35:33 PM                                                                                                                    
                                                                                                                                
SHANNON  DONAHUE said  she  lives  at the  mouth  of the  Chilkat                                                               
River, which  is a waterbody that  has been nominated for  Tier 3                                                               
status.    She  disclosed  she works  for  the  Southeast  Alaska                                                               
Conservation  Council  and  the  Great  Bear  Foundation  and  is                                                               
representing herself.   Ms. Donahue  expressed her  opposition to                                                               
HB 138,  because it implements  an onerous political  process for                                                               
the evaluation and  designation of Tier 3  water nominations, and                                                               
strips Alaskans of their right  to protect important waters.  She                                                               
referred to a media report about  the number of toxic releases in                                                               
Alaska  in 2018  and  said it  should not  be  easier to  pollute                                                               
waters  than  to protect  them.    She questioned  the  sponsor's                                                               
statement,  saying  that  instead  HB  138  creates  a  political                                                               
process  to  designate  Tier  3  water  nominations  through  the                                                               
legislature,  replacing the  existing DEC  process.   Ms. Donahue                                                               
observed there is significant opposition  to HB 138, because Tier                                                               
3 nominations  should be a  fair and transparent process,  and it                                                               
is  the only  process  available to  Alaskans  to protect  valued                                                               
waters.  She stressed the  designation protects all existing uses                                                               
and  short-term degradation  of water,  such as  outboard motors,                                                               
private  septic  systems,  and fish  cleaning,  and  only  denies                                                               
permits  for long-term  permanent degradation  and thus  protects                                                               
normal use of the waterbody  by Alaskans.  An advisory commission                                                               
would add a layer of politics  to the evaluation process, and she                                                               
opined residents  with differing  opinions on  Tier 3  status for                                                               
the Chilkat River all favor  an apolitical administrative process                                                               
by DEC  to determine the  ecological, cultural,  and recreational                                                               
value  of  a  waterbody;  she  asked  the  committee  to  provide                                                               
additional  hearings  for public  testimony  on  HB 138,  and  to                                                               
oppose the bill.                                                                                                                
                                                                                                                                
REPRESENTATIVE  RASMUSSEN  asked if  Ms.  Donahue  was aware  the                                                               
current  process  through DEC  was  implemented  by the  previous                                                               
administration and requires legislative approval.                                                                               
                                                                                                                                
MS. DONAHUE offered to review her documents.                                                                                    
                                                                                                                                
1:39:25 PM                                                                                                                    
                                                                                                                                
DEANTHA CROCKETT,  executive director, Alaska  Miners Association                                                               
(AMA), informed  the committee  AMA is  a trade  association that                                                               
represents all  aspects of  the mining  industry.   She expressed                                                               
AMA's support  of HB  138 in its  original version  that contains                                                               
two key provisions:   the Tier 3 designation process  is to be in                                                               
statute  and  by a  vote  of  the  legislature; requires  that  a                                                               
waterbody that has been nominated  for Tier 3 designation may not                                                               
be  managed as  a Tier  3 waterbody  until so  designated by  the                                                               
legislature.  Further, AMA believes  HB 138 allows for individual                                                               
participation because  any individual could request  a legislator                                                               
to propose  a bill to nominate  Tier 3 water.   Speaking from her                                                               
experience,  she pointed  out  legislative  committees that  hear                                                               
proposed  environmental legislation  routinely request  testimony                                                               
from  relevant  resource  agencies  to debate  the  merits  of  a                                                               
proposed bill,  as would be  the case related  to a Tier  3 water                                                               
nomination.  Ms. Crockett said  a coalition of local governments,                                                               
Alaska Native  corporations, and members  of the oil and  gas and                                                               
mining  industries are  worried about  the economic  implications                                                               
placed  on a  waterbody that  has been  designated Tier  3.   She                                                               
directed  attention to  the proposed  committee substitute  to HB
138, [Version  K], beginning on  page 2, line 29,  and continuing                                                               
through page 3 line 9 which read:                                                                                               
                                                                                                                                
     (A)  the name, description, and location of the water;                                                                     
     (B)   the  boundaries  upstream and  downstream of  the                                                                    
     water;                                                                                                                     
     (C)    an  explanation  of  what  makes  the  water  an                                                                    
     outstanding  national   resource  water,   including  a                                                                    
     description  of the  recreational  or ecological  value                                                                    
     that makes the water exceptional;                                                                                          
     (D)   a description of  the existing water  quality and                                                                    
     any technical data on which the description is based;                                                                      
     (E)   a discussion of  any nonpoint source  activity to                                                                    
     be conducted in the  foreseeable future that may affect                                                                    
     water quality;                                                                                                             
     (F) an  analysis of  the economic  cost and  benefit of                                                                    
     designating the water  as outstanding national resource                                                                    
     water,  including  the  economic cost  and  benefit  to                                                                    
     communities and current or foreseeable project; and                                                                        
                                                                                                                                
MS. CROCKETT said AMA finds value  in the criteria required to be                                                               
considered a complete nomination  and in particular [subparagraph                                                               
(F)] that requires an economic analysis.  She remarked:                                                                         
                                                                                                                                
     ...  a Tier  3 water  designation has  really become  a                                                                    
     tool for antidevelopment groups to  use and you can see                                                                    
     that  in some  of  the existing  nominations.   There's                                                                    
     five  nominations currently,  none of  which have  been                                                                    
     designated  and  of  three   of  those,  two  of  those                                                                    
     literally  specify the  threat  of  either large  scale                                                                    
     development or  a family-run placer mine  in the Brooks                                                                    
     Range as a  threat to the water.  They  don't take into                                                                    
     consideration  existing water  quality protections  and                                                                    
     they  don't take  into  consideration  the other  water                                                                    
     quality dischargers.                                                                                                       
                                                                                                                                
MS.  CROCKETT  advised  the  aforementioned  issues  are  already                                                               
regulated through existing statutes  thus additional Tier 3 water                                                               
designations need  to be in  the hands  of the legislature  as is                                                               
consistent  with the  Alaska State  Constitution.   She said  AMA                                                               
will  further evaluate  the  committee  substitute and  expressed                                                               
support for HB 138.                                                                                                             
                                                                                                                                
1:42:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN  asked for clarification of  the difference                                                               
between point source permitting and nonpoint source permitting.                                                                 
                                                                                                                                
MS. CROCKETT offered to provide a written explanation.                                                                          
                                                                                                                                
REPRESENTATIVE HANNAN further questioned  whether any of the five                                                               
major mines  operating in Alaska  currently have  nonpoint source                                                               
activity  permits  or if  all  their  permitting regulations  are                                                               
under point source.  She remarked:                                                                                              
                                                                                                                                
     It is  an element  of the bill  that we  haven't delved                                                                    
     into too much,  but one of the things, as  I read more,                                                                    
     all of our minds are  [on mines that are] ... regulated                                                                    
     mostly in  discharge by point source,  meaning the mine                                                                    
     is  letting  this  water  source   go,  as  opposed  to                                                                    
     nonpoint source - there's a[n]  outboard running on the                                                                    
     river  - and  to some  degree we're  distracted by  the                                                                    
     idea of  talking about outboards  being the  issue, but                                                                    
     the vast  majority of people who  nominate rivers, what                                                                    
     they're  talking about  is, concern  over point  source                                                                    
     discharges.    ...    The  five  operating  mines  have                                                                    
     probably  the largest  plethora of  permits, [and  are]                                                                    
     familiar with that process.                                                                                                
                                                                                                                                
MS. CROCKETT  said she  would provide  a document  that describes                                                               
the mining industry and community wastewater treatment systems.                                                                 
                                                                                                                                
CO-CHAIR TARR  inquired as to  whether Ms. Crockett  was familiar                                                               
with Tier 3 processes in other  states and the reaction of mining                                                               
associations in other states.                                                                                                   
                                                                                                                                
MS. CROCKETT advised there is a  wide range of processes in other                                                               
states and  state constitutions differ; she  pointed out Alaska's                                                               
constitution requires  that certain decisions must  be before the                                                               
legislature.  She  offered to provide written  information on the                                                               
policies of other states.                                                                                                       
                                                                                                                                
CO-CHAIR  TARR expressed  interest information  about Minnesota's                                                               
Tier 3 designations that are located in mining districts.                                                                       
                                                                                                                                
MS. CROCKETT said she would provide the requested information.                                                                  
                                                                                                                                
1:46:56 PM                                                                                                                    
                                                                                                                                
DR. COHEN  said in  most states  an agency  similar to  DEC makes                                                               
Tier 3  decisions, some states  have a  water quality board  or a                                                               
commission  that  does  so,  and a  minority  of  states  require                                                               
legislative approval.   He pointed  out Alaska Statutes  Title 46                                                               
grants DEC the  authority to set water quality  standards and the                                                               
U.S. Environmental  Protection Agency  (EPA) recognizes  that the                                                               
agency that sets  water quality standards can  be responsible for                                                               
antidegradation protections; therefore,  nothing indicates DEC is                                                               
not capable of making a Tier 3 designation.                                                                                     
                                                                                                                                
CO-CHAIR  TARR  surmised   some  consider  Tier  1   and  Tier  2                                                               
designations as  designations that allow  permittable activities,                                                               
and that Tier  3 designations are equated with those  of a refuge                                                               
or a  very restrictive status.   She expressed  her understanding                                                               
Tier 3  restrictions do not  apply to short-term  activities, but                                                               
that  water quality  cannot be  reduced over  a long  term.   She                                                               
noted when waters are designated  as a refuge, the designation is                                                               
through legislation.                                                                                                            
                                                                                                                                
DR. COHEN explained Tier 1 waters  are waters that have a problem                                                               
meeting some  water quality standards,  such as waters  that need                                                               
improvement; Tier  2 waters  are defined as  waters that  meet or                                                               
exceed  all  water quality  standards  and  thus permits  may  be                                                               
issued to  lower water  quality to  a certain  standard.   Tier 3                                                               
waters are waters where expanding  or new point source discharges                                                               
are not allowed.  He remarked:                                                                                                  
                                                                                                                                
     I don't  know where folks  are getting this  idea about                                                                    
     the septic systems and the  motor and the boats because                                                                    
     if you are  not having to get a  point source discharge                                                                    
     permit,  there will  be no  Tier 3  evaluation of  your                                                                    
     activity.  So, it's really  not so much about what they                                                                    
     allow or  what they don't  allow as  a group -  Tier 1,                                                                    
     Tier 2,  Tier 3  - it's  really just  three definitions                                                                    
     of, of,  it's three  ways of  describing the  waters of                                                                    
     the state,  and the federal government  requires Alaska                                                                    
     to, to a  look at all of its waters  and decide whether                                                                    
     or not  they are Tier 1,  Tier 2, or if  they should be                                                                    
     considered Tier 3 water.   ...  And you mentioned, that                                                                    
     the  issue of  temporary versus  long-term ...  even in                                                                    
     Tier  3 waters  Army Corps  of Engineers  can authorize                                                                    
     activities   in   those   waters  that   would   create                                                                    
     sedimentation  for some  period of  time, you  know, if                                                                    
     you  had to  build  a bridge  or you  had  to repair  a                                                                    
     culvert ... that would be  allowable in a Tier 3 water.                                                                    
     What the  Tier 3 waters  do not  allow is that  you can                                                                    
     have an expanded or a  new discharge of pollutants into                                                                    
     that public water  because the goal is  to maintain the                                                                    
     quality of the  water where it is now.   In fact, there                                                                    
     are also, there are waters  around the country that are                                                                    
     considered  impaired   waters,  they're   listed  under                                                                    
     [section 303(d)]  of the Clean  Water Act,  as impaired                                                                    
     waterbodies, and  yet they are  Tier 3  waters, because                                                                    
     they're considered  to be of  some great  importance in                                                                    
     some way or another that  their water quality should be                                                                    
     maintained where  it is, and  that's what Tier  3 would                                                                    
     do, it would maintain water quality where it is today.                                                                     
                                                                                                                                
1:53:53 PM                                                                                                                    
                                                                                                                                
ROBERT VENEBLES,  executive director, Southeast  Conference, said                                                               
Southeast  Conference is  the  regional development  organization                                                               
for  Southeast Alaska;  its  mission is  to  support and  promote                                                               
activities  for  healthy  communities, strong  economies,  and  a                                                               
quality  environment.   Mr.  Venebles  said Southeast  Conference                                                               
members are  concerned about the  aforementioned issue  and urged                                                               
the committee to  focus on creating a process  that meets federal                                                               
requirements.   He noted in  February 2018,  Southeast Conference                                                               
passed  a  resolution  in  support  of a  process  in  which  the                                                               
executive   branch   performs   scientific   research   and   the                                                               
legislature authorizes  the final  Tier 3  designation.   He said                                                               
Version K  would ensure voices  are heard and would  meet federal                                                               
mandates.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  RASMUSSEN asked  whether Southeast  Conference is                                                               
in support of the bill.                                                                                                         
                                                                                                                                
MR. VENEBLES said the bill  is consistent with the aforementioned                                                               
resolution passed by the Southeast Conference board.                                                                            
                                                                                                                                
CO-CHAIR  TARR   asked  how  smaller  communities   in  Southeast                                                               
understand  the impact  of  the allowable  activities  on Tier  3                                                               
water.                                                                                                                          
                                                                                                                                
MR.  VENABLES acknowledged  Southeast Conference  has members  on                                                               
both sides of  the issue, which explains why it  is in support of                                                               
the process  established by  the bill.   Waters in  Southeast are                                                               
pristine,  and   the  membership   of  Southeast   Conference  is                                                               
comfortable with the legislature providing a process.                                                                           
                                                                                                                                
1:58:27 PM                                                                                                                    
                                                                                                                                
JAN CONITZ said  she has been a fisheries biologist  for 20 years                                                               
and worked in marine biology and  as a commercial fisherman.  She                                                               
opined the problem  with the bill is it is  intended to provide a                                                               
better process for the public  nomination of outstanding national                                                               
resource  waters (ONRW);  however, the  bill creates  unnecessary                                                               
and unreasonable burdens  to public nominators.   She inquired as                                                               
to why there are several ONRW  nominations in the state, but none                                                               
have been designated.  Ms.  Conitz pointed out Alaska has special                                                               
waters  that deserve  some  form  of protection.    She said  the                                                               
nomination  process  contrasts  with  the  simple  administrative                                                               
process in  place to apply  for a permit to  discharge pollutants                                                               
into waterways; it  should not be easier  to discharge pollutants                                                               
than to protect  waterways from discharges.   Further, once water                                                               
is  impaired  at a  significant  level,  the waterbody  will  not                                                               
function in  its natural  state; in  fact, restoration  is rarely                                                               
possible.   She  urged the  committee  to consider  the value  of                                                               
water that provides living resources such as salmon.                                                                            
                                                                                                                                
REPRESENTATIVE   RASMUSSEN    asked   the   bill    sponsor   for                                                               
clarification as to whether any  member of the public could bring                                                               
forth  a nomination  through a  bill before  the legislature  and                                                               
avoid the cost factor [of a submission through the commission].                                                                 
                                                                                                                                
2:02:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CHUCK KOPP,  speaking as the sponsor  of the bill,                                                               
said  correct,  any  member  [of   the  public]  may  pursue  the                                                               
nomination of a Tier 3 water directly through the legislature.                                                                  
                                                                                                                                
2:02:34 PM                                                                                                                    
                                                                                                                                
ERIC HOLLE expressed  his opposition to [HB 138,  Version K], and                                                               
his  support  for keeping  the  Tier  3  process  with DEC.    He                                                               
described his personal history of  living near the Cuyahoga River                                                               
in  Cleveland,  Ohio,  that  burst into  flames  because  it  was                                                               
polluted    with    inflammable   products,    and    chlorinated                                                               
hydrocarbons,  that are  harmful  to humans.    Later, living  in                                                               
Colorado, he found miles of  streams and rivers were biologically                                                               
dead  from   acid  mine   drainage,  molybdenum   pollution,  and                                                               
naturally occurring radon.  Three  decades ago, he came to Alaska                                                               
to find the  state was lowering water quality  standards to allow                                                               
mixing  zones  for mines.    [Lower  Slate  Lake located  in  the                                                               
Tongass National Forest]  is now a dumping ground  for toxins and                                                               
the  proposed mines  all  across the  state  threaten history  to                                                               
repeat itself.  Mr. Holle asked  the committee to keep the Tier 3                                                               
process -  as much as  possible -  under the control  of citizens                                                               
and stop [HB 138] from advancing.                                                                                               
                                                                                                                                
2:05:17 PM                                                                                                                    
                                                                                                                                
LAURA  FLEMING said  the bill  is well-intentioned  but offers  a                                                               
solution to  a problem  that does  not exist.   According  to the                                                               
sponsor statement,  the EPA mandates  the state  designate ONRWs;                                                               
however,  40  years  ago  EPA offered  formal  guidance  on  ONRW                                                               
designations, and along with  federal regulations, EPA guidelines                                                               
recommend  each state  include a  listing of  ONRWs in  its water                                                               
quality standards,  and that  certain types  of waters  should be                                                               
considered and that each state  should provide notice of possible                                                               
ONRW  designations  in  water quality  standards.    Ms.  Fleming                                                               
opined ONRWs are  not mentioned in the Clean  Water Act; further,                                                               
in 1979,  legal opinion  said EPA cannot  demand or  create state                                                               
ONRWs through  a federal  process.  As  of 1983,  neither revised                                                               
water quality  standards, rulemaking,  nor preamble,  stated that                                                               
states  have a  mandatory duty  to designate  eligible waters  as                                                               
ONRWs or  that EPA will  do so.   Ms. Fleming concluded  in 1997,                                                               
when Alaska  gained primacy in  water quality, the  state assumed                                                               
responsibilities it  has not fulfilled,  such as the  process for                                                               
designating  Tier  3 waters.    She  related,  in 2018,  the  DEC                                                               
commissioner stated  there is no  process for designating  Tier 3                                                               
waters and EPA has requested the  state to develop a process, but                                                               
EPA's   expectation   is   that    Alaska   needs   to   identify                                                               
implementation  procedures for  antidegradation  and mixing  zone                                                               
policy;  however,  nowhere  has  EPA  said  the  state  needs  to                                                               
designate ONWRs.   She  said the  state has  responsibilities and                                                               
rights  related to  Alaska waters;  DEC, DNR,  and ADFG  need the                                                               
resources  to  complete  a  publicly  supported  and  transparent                                                               
effort  to  establish  criteria  procedures  and  a  process  for                                                               
implementing Alaska's  antidegradation policy as required  by the                                                               
Clean Water Act, and no new legislation is needed.                                                                              
                                                                                                                                
2:09:53 PM                                                                                                                    
                                                                                                                                
RICHARD  FARNELL expressed  his opposition  to HB  138.   He said                                                               
there is  a need  to keep  the Tier  3 water  designation process                                                               
free  from  politics,  however,  HB   138  would  create  a  very                                                               
politicized  process for  Tier 3  designation.   He stressed  the                                                               
process to nominate important waterbodies  should be available to                                                               
the  public,  unimpeded  by  politics.   Keeping  the  process  a                                                               
science-based  process  would  provide the  objectivity  that  is                                                               
needed.                                                                                                                         
                                                                                                                                
2:10:54 PM                                                                                                                    
                                                                                                                                
NANCY MORRIS  LYON, owner  and operator,  Bear Trail  Lodge, said                                                               
she  was not  in favor  of HB  138, which  turns maintaining  the                                                               
health of  water into  a political event  that can  sway opinion;                                                               
protection of waters  should never be controlled by  the whims of                                                               
political  administrators, but  should be  left to  sound science                                                               
and consideration  of the wisdom  of individuals who  depend upon                                                               
the waters.   She expressed her  opposition to the bill  and said                                                               
she would prefer to see the  process within DEC through a process                                                               
that  would include  sound science,  local  knowledge, and  other                                                               
factors, which  would be a  more reliable and  defendable process                                                               
to  protect  waters.    In   addition,  the  process  should  use                                                               
standards that  can be evaluated and  measured; although science-                                                               
based entities  would be placed  on the [commission],  Ms. Morris                                                               
Lyon said  it is dangerous for  the final decision to  be left in                                                               
the hands  of the current  political party, whichever  party that                                                               
may be.   She noted the utmost importance of  the health of water                                                               
to the state.                                                                                                                   
                                                                                                                                
2:13:07 PM                                                                                                                    
                                                                                                                                
JONATHAN WOOD said he has lived  in Alaska for 12 years and noted                                                               
his  time  spent on  many  rivers  in  Southeast Alaska,  and  in                                                               
British Columbia and  Yukon, Canada.  He said  the Chilkat River,                                                               
which  has been  nominated  for Tier  3  status, has  significant                                                               
cultural  value  to  the  Chilkat  Tlingit  and  the  village  of                                                               
Klukwan.   Mr.  Wood  said  he is  strongly  opposed  to HB  138,                                                               
Version K, and feels that DEC  should be the primary authority to                                                               
determine and designate Tier 3  waters; taking authority from DEC                                                               
equates with taking  from Alaskans the ability  to participate in                                                               
the  process,   and  would  leave   communities  faced   with  an                                                               
insurmountable   gauntlet  of   obstacles  to   protecting  vital                                                               
watersheds.    Mr. Wood  opined  designating  a Tier  3  waterway                                                               
should  be  a  science-based  administrative process  and  not  a                                                               
political  process  conducted by  a  committee  appointed by  the                                                               
governor  without  legislative  oversight.    He  pointed  out  a                                                               
nomination recommended  by the committee still  needs legislation                                                               
passed by legislature  and could be vetoed by the  governor.  Mr.                                                               
Wood  said an  outside corporation  can file  a six-page  form in                                                               
order to discharge  waste into a shared waterway;  the process to                                                               
protect  shared waterways  should be  similar.   He characterized                                                               
the   process   as   undemocratic,  un-Alaskan,   and   virtually                                                               
impossible; Alaskans  deserve the  right to protect  waterways of                                                               
economic, cultural,  and environmental significance, and  he said                                                               
he strongly opposed HB 138.                                                                                                     
                                                                                                                                
REPRESENTATIVE RASMUSSEN  asked whether  Mr. Wood was  opposed to                                                               
legislative oversight  or the [commission] that  would be created                                                               
by  HB  138.   She  pointed  out  DEC regulations  that  delegate                                                               
legislative   approval   were   in  effect   during   the   prior                                                               
administration,  which  was  represented  by a  governor  from  a                                                               
different political party than the current administration.                                                                      
                                                                                                                                
MR.  WOOD  restated  the  process  should  be  an  administrative                                                               
process not  solely in the  hands of the  legislature, regardless                                                               
of  the  prevailing  political  party;  further,  the  commission                                                               
places  too many  hurdles to  the  designation of  Tier 3  water.                                                               
Because none of the current  nominees have been successful, there                                                               
must already be significant hurdles in place.                                                                                   
                                                                                                                                
REPRESENTATIVE RASMUSSEN  concluded Mr.  Wood was opposed  to the                                                               
existing process, through DEC, which  gives the legislature final                                                               
approval.                                                                                                                       
                                                                                                                                
MR. WOOD  said an  administrative process  in combination  with a                                                               
legislative  process makes  more  sense than  a solely  political                                                               
process.                                                                                                                        
                                                                                                                                
2:18:38 PM                                                                                                                    
                                                                                                                                
FREDERICK  OLSEN JR  said  he  is a  lifelong  Alaskan living  in                                                               
Sitka.   He said a  natural resource extraction state  is another                                                               
term for  a colony and  Alaska acts like  a colony in  many ways,                                                               
especially  related to  its environment:   some  outsiders profit                                                               
and  residents  are  left  with their  messes.    Polluters  fear                                                               
environmental protections, such as  Tier 3 designations, and seek                                                               
to evade or prevent restrictions  on their operations; Alaska has                                                               
no Tier  3 water designations,  however, Tier 3  designations are                                                               
needed.   Nominations include the  Chilkat River, which  has been                                                               
recognized in  the top ten  of America's most  endangered rivers.                                                               
Governments  need to  look  out for  residents'  health, and  not                                                               
promote rich  individuals or companies  at the  people's expense,                                                               
and to protect clean water.   He observed the bill plays into the                                                               
hands of  industry and  is an  example of  state overreach.   Mr.                                                               
Olsen  asked whether  Alaska wants  to  be the  last frontier  or                                                               
another tailings storage facility.                                                                                              
                                                                                                                                
2:20:50 PM                                                                                                                    
                                                                                                                                
JOHN  SONIN  said  he  represents  civilized  humanity  and  said                                                               
nothing  is  more equalizing  in  a  democracy  than water.    An                                                               
attempt to  represent the will of  the people through a  board of                                                               
commissioners  with  a political  agenda  is  destructive to  the                                                               
purpose in life, which is to  produce.  He characterized water as                                                               
the equalizer  because everything needs water.   A representative                                                               
democracy  is  a way  to  express  multiple and  varied  opinions                                                               
through a  republic form  of government.   Mr. Sonin  pointed out                                                               
the republic  form of government  is now political;  for example,                                                               
an  administration-appointed  commission   makes  the  commission                                                               
political,  which  is undemocratic,  however,  the  process of  a                                                               
republic is to reflect the personal opinion of its constituents.                                                                
                                                                                                                                
REPRESENTATIVE RASMUSSEN  asked Mr. Sonin whether  his opposition                                                               
to  the bill  is to  the commission  or the  legislative approval                                                               
process.                                                                                                                        
                                                                                                                                
MR.  SONIN  said   his  opposition  is  to  the   addition  of  a                                                               
commission;  the  legislative  approval   process  is  closer  to                                                               
representing the democratic will of [constituents].                                                                             
                                                                                                                                
2:26:48 PM                                                                                                                    
                                                                                                                                
LINDSEY  BLOOM,  policy  director,  Salmon  State,  informed  the                                                               
committee Salmon State is an  Alaska initiative working to defend                                                               
salmon  habitat and  to promote  policies  that guarantee  Alaska                                                               
will remain  a salmon state  and home  to a healthy  and abundant                                                               
salmon   resource   which   provides   culture,   food,   income,                                                               
employment, and  recreation to all.   Salmon State is  opposed to                                                               
[HB  138,  Version  K]  as  written because  the  addition  of  a                                                               
commission makes  the process less  balanced or fair.   She noted                                                               
as  a previous  member of  the  board of  the Alaska  Independent                                                               
Fishermen's Marketing Association,  she was part of  a group that                                                               
nominated the Koktuli  River, and so has  followed the nomination                                                               
process  under several  administrations.   Ms. Bloom  pointed out                                                               
the issue is not an extreme  prohibition on [access to] water; as                                                               
defined in the Clean Water Act,  a Tier 3 water designation would                                                               
maintain  the  long-term quality  of  a  waterbody and  does  not                                                               
prohibit any  activities.  She  opined this does not  differ than                                                               
authorizing  a  permit for  a  mixing  zone; therefore,  if  [the                                                               
state]  issues  a  permit  to discharge  and  degrade  the  water                                                               
quality  in waterbodies,  the  standard should  be  equal to  the                                                               
process to protect water quality,  which is what her organization                                                               
seeks.  She  recalled it was many years before  the nominators of                                                               
the Koktuli  River were notified  by DEC that the  nomination was                                                               
denied because Alaska does not have  a process to make the Tier 3                                                               
determination; further,  DEC has no regulations  that address the                                                               
process,  only  guidance  documents.     In  fact,  Salmon  State                                                               
believes legislation  is not needed;  all that is needed  are DEC                                                               
regulations to  clarify the  standards of Tier  3 waters  and the                                                               
criteria for a Tier 3  designation.  Ms. Bloom concluded [Version                                                               
K]  adds bureaucracy  and red  tape  to the  process and  creates                                                               
additional  hurdles  to  nominators.     She  offered  to  submit                                                               
additional written testimony.                                                                                                   
                                                                                                                                
REPRESENTATIVE  RAUSCHER  surmised Ms.  Bloom  is  in support  of                                                               
neither the current process nor the bill.                                                                                       
                                                                                                                                
MS. BLOOM  said correct;  she added there  is no  current process                                                               
and for the last 15 years  the issue has been passed between DEC,                                                               
the  administration,  and the  legislature.    Speaking from  her                                                               
experience, she  said the  current guidance  from DEC  is, "Until                                                               
there's a process you can go to the legislature ...."                                                                           
                                                                                                                                
2:33:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TALERICO  asked what  is meant by  long-term [when                                                               
related to water degradation].                                                                                                  
                                                                                                                                
MS. BLOOM said the term is  defined in the Clean Water Act, which                                                               
she would  provide; as  related to the  Bristol Bay  fishery, she                                                               
said  state  permits  for  the proposed  mining  project  at  the                                                               
headwaters of Bristol Bay would  allow for contamination of water                                                               
in perpetuity, which to her means for generations to come.                                                                      
                                                                                                                                
REPRESENTATIVE RASMUSSEN opined the  state makes lengthy and fair                                                               
decisions  related   to  resource  development;  she   has  heard                                                               
testimony  that the  permitting  process for  proposed mines  can                                                               
cover  decades.   She  said she  understands  the frustration  of                                                               
those  waiting  for a  Tier  3  water  designation and  also  the                                                               
frustration with the mining permitting process.                                                                                 
                                                                                                                                
MS. BLOOM  stated Alaska has  issued hundreds, if  not thousands,                                                               
of authorizations and permits for  discharges in mixing zones but                                                               
has never issued a Tier 3 protection of a waterbody.                                                                            
                                                                                                                                
2:36:57 PM                                                                                                                    
                                                                                                                                
MAKO  HAGGERTY  expressed  his  opposition  to  HB  138  and  his                                                               
agreement with  previous opposing  testimony.  He  said he  is an                                                               
enthusiastic  fisherman who  drinks  water and  HB  138 does  not                                                               
serve the citizens of Alaska.                                                                                                   
                                                                                                                                
2:38:06 PM                                                                                                                    
                                                                                                                                
BRONK JORGENSEN, chairman, Alaska  Minerals Commission (AMC), and                                                               
trustee, Fortymile  Mining District, said he  is lifelong Alaskan                                                               
living in Tok.  Speaking as chairman  of AMC, he said the role of                                                               
AMC is  to recommend strategies  to the governor  and legislature                                                               
to mitigate  constraints on  mineral development  in Alaska.   In                                                               
its 2020 report to the  legislature, AMC noted governance of Tier                                                               
3 water  is one of  its top priorities  and it supports  the bill                                                               
and urges the  committee to work with industry  and other parties                                                               
to  assure that  designation of  Tier 3  waters resides  with the                                                               
legislature.    Speaking  as trustee  for  the  Fortymile  Mining                                                               
District, and  as a family placer  miner, he said having  a river                                                               
designated as  a Tier 3 water  would shut down his  family placer                                                               
mine and others.  The designation  of Tier 3 waters must be well-                                                               
vetted to not  unduly harm family placer miners  and other users.                                                               
Mr.  Jorgensen cautioned  he  has been  harmed  by minor  federal                                                               
designations, which have  had a dramatic effect  on family placer                                                               
miners and  small business  operators.   The mining  district has                                                               
some  concerns about  the proposed  advisory committee,  however,                                                               
ultimately the decision  to designate Tier 3  water should reside                                                               
with the  legislature.  He  stated this is a  democratic process.                                                               
In response  to Co-Chair Tarr,  he said  the 2020 AMC  report was                                                               
finished and offered to provide copies to the committee.                                                                        
                                                                                                                                
2:42:12 PM                                                                                                                    
                                                                                                                                
HEATHER EVOY  began her  testimony in her  Native language.   She                                                               
said  she is  Tsimshian  from the  Eagle Clan  and  was born  and                                                               
raised in  Ketchikan.   Ms. Evoy expressed  her opposition  to HB
138, stating  her agreement with  testimony by Ms. Bloom  in that                                                               
it should  not be more onerous  to protect Alaska waters  than to                                                               
pollute  them.    She  characterized  the  [HB  138]  process  as                                                               
politicized and  - speaking  as an indigenous  person -  said she                                                               
does not  support sacrificing  water to  a political  process; in                                                               
fact,  the  definition   of  equity  is  freedom   from  bias  or                                                               
favoritism  and  she   pointed  out  all  of   the  current  five                                                               
nominations are from tribal bodies.   Ms. Evoy suggested the lack                                                               
of DEC's progress to designate  the aforementioned nominations is                                                               
a denial  of tribal sovereignty.   Noting there has  been support                                                               
for  the bill  from  Native corporations,  she said  corporations                                                               
have a  fiduciary responsibility to maximize  their shareholders'                                                               
benefits.  She restated her opposition  to the bill and urged for                                                               
public participation in the process.                                                                                            
                                                                                                                                
REPRESENTATIVE RASMUSSEN  asked if Ms. Evoy  supports legislative                                                               
approval of Tier 3 water designation.                                                                                           
                                                                                                                                
MS. EVOY said she did not due to the influence of industry.                                                                     
                                                                                                                                
REPRESENTATIVE  RASMUSSEN  asked  Ms.  Evoy  to  suggest  how  to                                                               
incorporate public participation in the designation process.                                                                    
                                                                                                                                
MS.  EVOY opined  DEC could  implement a  process and  not ignore                                                               
nominations for another decade.                                                                                                 
                                                                                                                                
2:47:33 PM                                                                                                                    
                                                                                                                                
MARK NIVER,  spokesperson, Commercial Fishermen for  Bristol Bay,                                                               
said he is a 42-year Alaska  resident, retired from BP, and a 40-                                                               
year commercial fisherman in Bristol  Bay.  He said he represents                                                               
1,400 fishermen in Bristol Bay  and expressed their opposition to                                                               
HB 138.   Mr. Niver surmised the nomination of  the Koktuli River                                                               
system for Tier  3 designation has waited eight  years because of                                                               
its proximity  to the  Pebble Mine prospect.   He  questioned the                                                               
trustworthiness of Alaska's political  system and pointed out the                                                               
commissioner of DEC was confirmed  by the legislature, although a                                                               
large majority  of public testimony  opposed his  nomination, and                                                               
then  related  a prior  conversation  with  U.S. Congressman  Don                                                               
Young  of  Alaska.    Mr.   Niver  said,  "Alaska  has  the  best                                                               
government that money can buy."   He opined [Article 8, section 2                                                               
of  the Alaska  State Constitution]  does not  give big  business                                                               
permission  to "tear  up the  countryside."   He said  Commercial                                                               
Fishermen of Bristol Bay want  to take care of Alaska's waterways                                                               
for future generations.                                                                                                         
                                                                                                                                
REPRESENTATIVE  RASMUSSEN asked  what  process for  Tier 3  water                                                               
designation Mr. Niver would support.                                                                                            
                                                                                                                                
MR. NIVER  suggested legislation  should be proposed  that grants                                                               
more authority  so only DEC  would make  the decision.   He noted                                                               
the commissioner  of DEC is  a miner,  and members of  the public                                                               
could  contract  their  legislators   directly  without  using  a                                                               
committee and without influence.                                                                                                
                                                                                                                                
REPRESENTATIVE RASMUSSEN has heard  extensive public comment that                                                               
"the  power  should  lie  within  DEC and  I've  heard  your  ...                                                               
distaste towards [DEC] Commissioner Brune."   She pointed out the                                                               
administration appoints commissioners  and their confirmations by                                                               
the legislature are  a political process; further,  a decision by                                                               
one person does not provide  as much participation by Alaskans as                                                               
a body with  representation from different regions  of the state.                                                               
She  questioned   how  DEC  having  the   ultimate  authority  to                                                               
designate is a less political process than legislative approval.                                                                
                                                                                                                                
MR.  NIVER said  nominations would  be mired  by a  committee and                                                               
business interests  could coerce  votes.  He  gave an  example of                                                               
business influence on U.S. Senator Lisa Murkowski of Alaska.                                                                    
                                                                                                                                
REPRESENTATIVE  RASMUSSEN  observed Commissioner  Brune  received                                                               
overwhelming support from her constituents;  she said she and her                                                               
colleagues make their decisions  based upon public comments heard                                                               
in  committees and  on  opinions voiced  by  the constituents  in                                                               
their districts.                                                                                                                
                                                                                                                                
REPRESENTATIVE RAUSCHER  stated the  problem may be  systemic and                                                               
not the fault of one person.                                                                                                    
                                                                                                                                
2:55:07 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  TARR,  after  ascertaining  no one  further  wished  to                                                               
testify, closed public testimony on HB 138.                                                                                     
                                                                                                                                
REPRESENTATIVE  KOPP  acknowledged  the  bill  addresses  a  very                                                               
important  and  longstanding  problem.     He  briefly  gave  his                                                               
personal background as a commercial  fisherman in Bristol Bay and                                                               
growing  up at  Lake  Iliamna.   With  respect to  administrative                                                               
agencies  and  fishing, he  cautioned  the  National Oceanic  and                                                               
Atmospheric  Administration, U.S.  Department of  Commerce, seeks                                                               
to establish  fish farms in  Alaska waters; however,  the elected                                                               
representatives  of   the  state   legislature  and   the  Alaska                                                               
congressional  delegation   have  successfully   prevented  this.                                                               
There  has been  testimony supporting  a depoliticization  of the                                                               
process, and  more open and transparent  citizen involvement, and                                                               
he opined DEC commissioners do  not support [the current] process                                                               
because the  DEC process is  very limited  in this regard  and is                                                               
not  as open  and transparent  with public  accountability as  is                                                               
practiced  by the  legislature.   Therefore, DEC  decisions would                                                               
always be litigated.  He  said the advisory commission created by                                                               
HB  138 is  not  litigable and  every  existing nomination  would                                                               
finally have  a pathway to  review and decision.   Representative                                                               
Kopp urged for  decisions informed by Alaskans  and their elected                                                               
representatives.                                                                                                                
                                                                                                                                
REPRESENTATIVE RAUSCHER  asked for  a description of  the current                                                               
process.                                                                                                                        
                                                                                                                                
REPRESENTATIVE KOPP  explained the commissioner [of  DEC] returns                                                               
nominations  to   the  nominator  with  direction   to  take  the                                                               
nomination to  the legislature;  however, the  commissioner could                                                               
deny the  nominations and  the bill would  make the  process more                                                               
predictable.                                                                                                                    
                                                                                                                                
[HB 138 was held over.]                                                                                                         
                                                                                                                                
3:00:41 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Resources Standing Committee meeting was adjourned at 3:00 p.m.                                                                 

Document Name Date/Time Subjects
HB 138 Supporting Document - Tier 3 Nominations.pdf HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HRES 2/24/2020 1:00:00 PM
HRES 3/9/2020 1:00:00 PM
HRES 3/11/2020 1:00:00 PM
HB 138
HB 138 Sponsor Statement 2.4.2020.pdf HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HRES 2/24/2020 1:00:00 PM
HRES 3/9/2020 1:00:00 PM
HRES 3/11/2020 1:00:00 PM
HRES 3/13/2020 1:00:00 PM
HB 138
HB 138 Draft CS v. K.pdf HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HRES 2/24/2020 1:00:00 PM
HRES 3/9/2020 1:00:00 PM
HRES 3/11/2020 1:00:00 PM
HRES 3/13/2020 1:00:00 PM
HB 138
HB 138 Sectional Analysis v. K 2.4.2020.pdf HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HRES 2/24/2020 1:00:00 PM
HRES 3/9/2020 1:00:00 PM
HRES 3/11/2020 1:00:00 PM
HRES 3/13/2020 1:00:00 PM
HB 138
HB138 Supporting Document - Legal Opinion re DEC Statutory Authority to Designate Tier 3 Waters 5.2.19.pdf HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HRES 2/24/2020 1:00:00 PM
HRES 3/9/2020 1:00:00 PM
HRES 3/11/2020 1:00:00 PM
HB 138
HB138 Supporting Document - Legal Opinion re HB 138 and Ballot Initiatives 5.1.19.pdf HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HRES 2/24/2020 1:00:00 PM
HRES 3/9/2020 1:00:00 PM
HRES 3/11/2020 1:00:00 PM
HB 138
HB138 Supporting Document - DEC Summary of Tier 3 Designations 3.2019.pdf HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HRES 2/24/2020 1:00:00 PM
HRES 3/9/2020 1:00:00 PM
HRES 3/11/2020 1:00:00 PM
HB 138
HB138 Supporting Document - DEC Letter re Review of Tier 3 in Other States 5.3.19.pdf HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HRES 2/24/2020 1:00:00 PM
HRES 3/9/2020 1:00:00 PM
HRES 3/11/2020 1:00:00 PM
HB 138
HB138 Supporting Document - DNR Fact Sheet Legislatively Designated Areas 4.22.2019.pdf HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HRES 2/24/2020 1:00:00 PM
HRES 3/9/2020 1:00:00 PM
HB 138
HB138 Supporting Material DEC Final Tier 3 Guidance 4.22.2019.pdf HRES 4/29/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HRES 2/24/2020 1:00:00 PM
HRES 3/9/2020 1:00:00 PM
HRES 3/11/2020 1:00:00 PM
HB 138
HB138 18 AAC 70.016 4.22.2019.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HB 138
HB138 Supporting Material Commissioner Hartig Letter to Senate 4.22.2019.PDF HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HRES 2/24/2020 1:00:00 PM
HB 138
HB138 Supporting Material DEC Tier 3 response 4.22.2019.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HB 138
HB138 Supporting Material DEC Tier 3 Water Designation FAQ 4.22.2019.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HRES 2/24/2020 1:00:00 PM
HRES 3/9/2020 1:00:00 PM
HRES 3/11/2020 1:00:00 PM
HB 138
HB138 Supporting Document - Chilkat Indian Village Letter of Opposition 4.26.19.pdf HRES 4/29/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HB 138
HB138 Supporting Document - Cook Inletkeeper Letter of Opposition 4.26.19.pdf HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HB 138
HB138 Letters of Opposition 4.29.19.pdf HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HB 138
HB138 Coalition Letter of Support 4.28.19.pdf HRES 4/29/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HB 138
HB138 Suppporting Document - Doyon Letter of Support 4.26.19.pdf HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HB 138
HB138 Supporting Document - DEC P&P re Tier 3 Nomination 11.21.18.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HB 138
HB138 version A 4.22.2019.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HB 138
HB138 Supporting Document - DEC attachment sent to EPA 3.6.2018.pdf HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HRES 3/9/2020 1:00:00 PM
HB 138
HB138 Supporting Document - AML Presentation Tier 3 Designation Impact 05.03.19.pdf HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HB 138
HB138 Supporting Document - EPA to DEC Email 11.23.18.pdf HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HRES 2/24/2020 1:00:00 PM
HB 138
HB138 Opposing Document - Letter in Opposition to House Resources Committee from SEACC - 5.1.19 (002).pdf HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HB 138
HB138 Supporting Document - Conitz Letter of Opposition 05.02.19.pdf HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HB 138
HB138 Additional Letters of Opposition.pdf HRES 4/29/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HB 138
HB138 Letter of Opposition - Alaska Clean Water Advocacy 2.12.20.pdf HRES 2/14/2020 1:00:00 PM
HB 138 Testimony - As of 2.13.20.pdf HRES 2/14/2020 1:00:00 PM