Legislature(2021 - 2022)BARNES 124

04/28/2021 01:00 PM RESOURCES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 10 Minutes Following Recess --
+= HB 171 PFAS USE & REMEDIATION; FIRE/WATER SAFETY TELECONFERENCED
Heard & Held
+= HB 98 FOREST LAND USE PLANS; TIMBER SALES TELECONFERENCED
Moved CSHB 98(RES) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                         April 28, 2021                                                                                         
                           1:48 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Josiah Patkotak, Chair                                                                                           
Representative Grier Hopkins, Vice Chair                                                                                        
Representative Zack Fields                                                                                                      
Representative Calvin Schrage                                                                                                   
Representative Sara Hannan                                                                                                      
Representative George Rauscher                                                                                                  
Representative Mike Cronk                                                                                                       
Representative Ronald Gillham                                                                                                   
Representative Tom McKay                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 98                                                                                                               
"An Act  relating to  forest land use  plans; relating  to forest                                                               
land use plan  appeals; relating to negotiated  timber sales; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED CSHB 98(RES) OUT OF COMMITTEE                                                                                      
                                                                                                                                
HOUSE BILL NO. 171                                                                                                              
"An Act  relating to pollutants;  relating to  perfluoroalkyl and                                                               
polyfluoroalkyl  substances;  relating  to   the  duties  of  the                                                               
Department   of    Environmental   Conservation;    relating   to                                                               
firefighting  substances;  relating  to  thermal  remediation  of                                                               
perfluoroalkyl and  polyfluoroalkyl substance  contamination; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 98                                                                                                                   
SHORT TITLE: FOREST LAND USE PLANS; TIMBER SALES                                                                                
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/18/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/18/21       (H)       RES, FIN                                                                                               
03/12/21       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/12/21       (H)       Heard & Held                                                                                           
03/12/21       (H)       MINUTE(RES)                                                                                            
03/19/21       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/19/21       (H)       <Bill Hearing Canceled>                                                                                
04/14/21       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/14/21       (H)       Heard & Held                                                                                           
04/14/21       (H)       MINUTE(RES)                                                                                            
04/19/21       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/19/21       (H)       Heard & Held                                                                                           
04/19/21       (H)       MINUTE(RES)                                                                                            
04/22/21       (H)       RES WAIVED PUBLIC HEARING NOTICE, RULE                                                                 
                         23(A) UC                                                                                               
04/23/21       (H)       RES AT 10:30 AM BARNES 124                                                                             
04/23/21       (H)       Heard & Held                                                                                           
04/23/21       (H)       MINUTE(RES)                                                                                            
04/23/21       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/23/21       (H)       -- MEETING CANCELED --                                                                                 
04/28/21       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB 171                                                                                                                  
SHORT TITLE: PFAS USE & REMEDIATION; FIRE/WATER SAFETY                                                                          
SPONSOR(s): HANNAN                                                                                                              
                                                                                                                                
04/12/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/12/21       (H)       RES, FIN                                                                                               
04/26/21       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/26/21       (H)       Heard & Held                                                                                           
04/26/21       (H)       MINUTE(RES)                                                                                            
04/28/21       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
GRACE ERVINE, Staff                                                                                                             
Representative Josiah Patkotak                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided information during the hearing on                                                               
HB 98.                                                                                                                          
                                                                                                                                
TIM DABNEY, Acting State Forester/Acting Director                                                                               
Division of Forestry (DOF)                                                                                                      
Department of Natural Resources (DNR)                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided information and answered questions                                                              
during the hearing on HB 98.                                                                                                    
                                                                                                                                
TIM CLARK, Staff                                                                                                                
Representative Sara Hannan                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided  information and answered questions                                                             
during the hearing on HB  171 on behalf of Representative Hannan,                                                               
prime sponsor.                                                                                                                  
                                                                                                                                
RANDY KRAUSE, Fire Chief                                                                                                        
Seattle-Tacoma International Airport                                                                                            
Port of Seattle                                                                                                                 
Seattle, Washington                                                                                                             
POSITION STATEMENT:  Provided  information and answered questions                                                             
during the hearing on HB 171.                                                                                                   
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:48:14 PM                                                                                                                    
                                                                                                                                
CHAIR  JOSIAH  PATKOTAK  called   the  House  Resources  Standing                                                             
Committee  meeting  to  order  at   1:48  p.m.    Representatives                                                               
Schrage,  Gillham, Hannan,  McKay,  Fields,  Cronk, Hopkins,  and                                                               
Patkotak  were present  at the  call to  order.    Representative                                                               
Rauscher arrived as the meeting was in progress.                                                                                
                                                                                                                                
           HB 98-FOREST LAND USE PLANS; TIMBER SALES                                                                        
                                                                                                                                
1:49:00 PM                                                                                                                    
                                                                                                                                
CHAIR PATKOTAK announced  that the first order  of business would                                                               
be HOUSE BILL NO. 98, "An  Act relating to forest land use plans;                                                               
relating to forest land use  plan appeals; relating to negotiated                                                               
timber sales; and providing for an effective date."                                                                             
                                                                                                                                
CHAIR  PATKOTAK announced  that the  committee had  completed the                                                               
amendment  process  at   its  4/24/21  hearing  on   HB  98,  and                                                               
Legislative Legal  and Research  Services had drafted  a document                                                               
incorporating  those  changes,  a proposed  committee  substitute                                                               
(CS) for  HB 98, Version 32-GH1607\B,  Radford, 4/26/21 ("Version                                                               
B").                                                                                                                            
                                                                                                                                
1:49:35 PM                                                                                                                    
                                                                                                                                
GRACE  ERVINE,  Staff,  Representative  Josiah  Patkotak,  Alaska                                                               
State  Legislature,  reviewed the  Summary  of  Changes from  the                                                               
original version  of HB 98  to Version  B, which read  as follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Section  One: Uncodified  Law Includes  new legislative                                                                    
     intent.                                                                                                                    
                                                                                                                                
     Section  Three: 38.05.110  (c) Adds  language requiring                                                                    
     the  commissioner to  consider  detrimental effects  on                                                                    
     the  surrounding environment  and  effects on  wildlife                                                                    
     habitat of  a timber  sale when  determining applicable                                                                    
     provisions under which to offer timber.                                                                                    
                                                                                                                                
     Section  Nine:   38.05.118  Adds  new   subsection  (e)                                                                    
     allowing  the  commissioner   to  require  a  purchaser                                                                    
     provide additional analysis  and/or retain a consultant                                                                    
     to  provide  needed  financial  or  technical  data  to                                                                    
     complete a best interest finding for a sale.                                                                               
                                                                                                                                
     Section   Twelve:   41.15.030  (b)   Removes   language                                                                    
     prohibiting general fund appropriations  to be used for                                                                    
     emergency    firefighting    personnel    engaged    in                                                                    
     nonemergency activities.                                                                                                   
                                                                                                                                
     Section  Fourteen: Repealer  Section Deletes  reference                                                                    
     to AS 38.05.123(g) from the list of repealed sections.                                                                     
                                                                                                                                
1:52:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CRONK,  directing  his question  to  Mr.  Dabney,                                                               
asked whether  Section 3 of  Version B  is already in  the Forest                                                               
Resources and Practices Act (FRPA).                                                                                             
                                                                                                                                
1:52:40 PM                                                                                                                    
                                                                                                                                
TIM DABNEY,  Acting State  Forester/Acting Director,  Division of                                                               
Forestry (DOF), Department of  Natural Resources (DNR), explained                                                               
that the language in question  lists the factors to be considered                                                               
when deciding on a negotiated  sale, rather than being associated                                                               
with environmental issues.   He said there are other  areas in HB
98 covering environmental  issues that are also  covered by FRPA.                                                               
Mr. Dabney,  in providing  closing comments on  HB 98,  said that                                                               
Version B is acceptable to DOF.                                                                                                 
                                                                                                                                
1:54:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FIELDS  said that  he  would  not support  HB  98                                                               
without language  regarding hiring  Alaska residents.   He opined                                                               
that streamlining  a process  to benefit  multinational companies                                                               
without ensuring local benefits  does not meet the constitutional                                                               
mandate to maximize benefits for Alaskans.                                                                                      
                                                                                                                                
1:56:43 PM                                                                                                                    
                                                                                                                                
MR. DABNEY  said that he hoped  to have the support  of committee                                                               
members.                                                                                                                        
                                                                                                                                
1:57:26 PM                                                                                                                    
                                                                                                                                
[Although  no  motion  had been  stated,  the  committee  treated                                                               
Version B as having been  adopted and, thus, before the committee                                                               
as a working document.]                                                                                                         
                                                                                                                                
REPRESENTATIVE  HOPKINS  moved to  report  CSHB  98, Version  32-                                                               
GH1607\B,  Radford, 4/26/21,  out  of  committee with  individual                                                               
recommendations and the accompanying zero fiscal note.                                                                          
                                                                                                                                
1:57:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FIELDS objected.                                                                                                 
                                                                                                                                
1:58:09 PM                                                                                                                    
                                                                                                                                
A  roll  call vote  was  taken.   Representatives  McKay,  Cronk,                                                               
Rauscher, Gillham, and  Patkotak voted in favor of  the motion to                                                               
move  CSHB  98, Version  32-GH1607\B,  Radford,  4/26/21, out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal  note.  Representatives Fields,  Hopkins, Hannan, and                                                               
Schrage voted against  it.  Therefore, CSHB  98(RES) was reported                                                               
out of the House Resources Standing Committee by a vote of 5-4.                                                                 
                                                                                                                                
1:58:45 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:59 p.m. to 2:01 p.m.                                                                       
                                                                                                                                
        HB 171-PFAS USE & REMEDIATION; FIRE/WATER SAFETY                                                                    
                                                                                                                                
2:01:54 PM                                                                                                                    
                                                                                                                                
CHAIR PATKOTAK announced  that the final order  of business would                                                               
be HOUSE BILL  NO. 171, "An Act relating  to pollutants; relating                                                               
to  perfluoroalkyl and  polyfluoroalkyl  substances; relating  to                                                               
the  duties  of  the Department  of  Environmental  Conservation;                                                               
relating   to  firefighting   substances;  relating   to  thermal                                                               
remediation  of  perfluoroalkyl   and  polyfluoroalkyl  substance                                                               
contamination; and providing for an effective date."                                                                            
                                                                                                                                
2:02:39 PM                                                                                                                    
                                                                                                                                
TIM  CLARK,  Staff,  Representative  Sara  Hannan,  Alaska  State                                                               
Legislature, on  behalf of  Representative Hannan,  prime sponsor                                                               
of  HB 171,  noted that  the committee  packet included  the full                                                               
report  from   the  Michigan  Science  Advisory   Workgroup  with                                                               
methodology   for    setting   maximum   allowable    levels   of                                                               
perfluoroalkyl substances  (PFAS), as well  as the basis  for the                                                               
language  in HB  171 specifying  the seven  PFAS compounds  to be                                                               
regulated.   He explained  that, with  regard to  the text  of AS                                                               
46.03.345(a),  the action  described is  the regulatory  practice                                                               
within  the Department  of Environmental  Conservation (DEC),  so                                                               
the  proposed legislation  could  be  characterized as  codifying                                                               
that practice.                                                                                                                  
                                                                                                                                
2:06:06 PM                                                                                                                    
                                                                                                                                
RANDY KRAUSE,  Fire Chief, Seattle-Tacoma  International Airport,                                                               
Port of Seattle,  said that the Port of Seattle  has been working                                                               
with  partners at  the Federal  Aviation Administration  (FAA) to                                                               
implement the use of a  fluorine-free firefighting foam.  He said                                                               
that,   while  federal   law  currently   requires  the   use  of                                                               
firefighting  foam  that  includes PFAS  chemicals,  the  airport                                                               
director  has urged  FAA to  aggressively pursue  a fluorine-free                                                               
option.    The  FAA  Reauthorization Act  of  2018  requires  the                                                               
evaluation and  implementation of  fluorine-free foam  by October                                                               
2021, which  many airports  around the  world have  already done.                                                               
He said that  he has observed the use of  fluorine-free foam with                                                               
"great success" and  is confident that FAA will  reach a solution                                                               
by the October deadline.                                                                                                        
                                                                                                                                
2:08:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FIELDS asked  for  more detail  on the  different                                                               
types of firefighting foam.                                                                                                     
                                                                                                                                
MR. KRAUSE explained  that many other countries  have switched to                                                               
fluorine-free products  with "great success" both  in performance                                                               
and the ability  to effectively mitigate fires.  He  said that he                                                               
sits on an  advisory panel for FAA and that  various products are                                                               
being tested.                                                                                                                   
                                                                                                                                
2:10:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   HANNAN  asked   Mr.   Krause   to  discuss   the                                                               
characteristics of  oil and gas  fires and  possible developments                                                               
in using fluorine-free products for that industry.                                                                              
                                                                                                                                
MR.  KRAUSE said  that the  foam  containing fluorine  is a  very                                                               
robust  and  effective  product.   He  explained  that  fires  at                                                               
airports  are surface  fires, rather  than the  deep-seated fires                                                               
one  would find  in the  oil and  gas industry,  and that  in his                                                               
opinion,  the fluorine-based  products  are  "over designed"  for                                                               
airport  use.   He expressed  his understanding  that the  deeper                                                               
penetration  of the  fluorine-based  foam is  preferable for  the                                                               
"plunge" fires  in an  oil or gas  field.  He  then noted  that a                                                               
company called  LASTFIRE (Large  Atmospheric Storage  Tank Fires)                                                               
is seeing  success in the development  of fluorine-free products.                                                               
In response to  Chair Patkotak, he said he  would provide contact                                                               
information for LASTFIRE to the sponsor's staff.                                                                                
                                                                                                                                
2:15:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HANNAN thanked  committee members  and noted  the                                                               
complexity of the issue of PFAS pollution.                                                                                      
                                                                                                                                
2:16:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GILLHAM  asked how  the PFAS  concentration cutoff                                                               
of eight parts per trillion was chosen.                                                                                         
                                                                                                                                
MR.  CLARK  explained that  the  Michigan  Science Advisory  Task                                                               
Force  was  assembled  in 2018  and  went  through  peer-reviewed                                                               
studies on PFAS to arrive at the concentration limit.                                                                           
                                                                                                                                
2:18:15 PM                                                                                                                    
                                                                                                                                
CHAIR PATKOTAK  asked about the distinction  between the Michigan                                                               
PFAS Action Response Team and  the Michigan Science Advisory Task                                                               
Force.                                                                                                                          
                                                                                                                                
REPRESENTATIVE MCKAY  interjected that  the Michigan  PFAS Action                                                               
Response Team is referred to as MPART.                                                                                          
                                                                                                                                
MR. CLARK said that MPART  and the Michigan Science Advisory Task                                                               
Force are both initiatives by the state government.                                                                             
                                                                                                                                
2:20:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCKAY  said  that   the  committee  hasn't  heard                                                               
testimony  from  DEC  or the  Department  of  Transportation  and                                                               
Public Facilities  (DOT&PF), and has heard  expert testimony only                                                               
from sources  in Michigan  and Seattle.   He  said he  would like                                                               
information from  Alaska's state  toxicologist, if there  is one,                                                               
and the state fire marshal.                                                                                                     
                                                                                                                                
CHAIR PATKOTAK noted that representatives  from the Department of                                                               
Health and  Social Services (DHSS)  and DOT&PF have been  in both                                                               
hearings.                                                                                                                       
                                                                                                                                
MR. CLARK said that testimony  from experts in state agencies was                                                               
heard during  the Thirty-First Alaska State  Legislature and that                                                               
there would be opportunity for further testimony.                                                                               
                                                                                                                                
2:23:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRONK said  that he thinks it would  be helpful to                                                               
be in contact with DEC.                                                                                                         
                                                                                                                                
2:24:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GILLHAM said  he would  like to  find out  at the                                                               
next scheduled  bill hearing about  the current  concentration of                                                               
PFAS in the affected areas within Alaska.                                                                                       
                                                                                                                                
[HB 171 was held over.]                                                                                                         
                                                                                                                                
           HB 98-FOREST LAND USE PLANS; TIMBER SALES                                                                        
                                                                                                                                
2:24:24 PM(                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SCHRAGE gave  notice  of  reconsideration on  his                                                               
vote on CSHB 98(RES).                                                                                                           
                                                                                                                                
2:24:44 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Resources Standing Committee meeting was adjourned at 2:25 p.m.                                                                 

Document Name Date/Time Subjects
HB 98 HRES Proposed CS 4.28.2021.pdf HRES 4/28/2021 1:00:00 PM
HB 98
HB 98 Summary of Changes Version A to HRES CS 4.28.2021.pdf HRES 4/28/2021 1:00:00 PM
HB 98
HB 171 Michigan Science Advisory Task Force Full Report 4.27.2021.pdf HRES 4/28/2021 1:00:00 PM
HB 171
HB 171 Public Testimony Packet 4.26.2021.pdf HRES 4/28/2021 1:00:00 PM
HB 171
HB 171 LASTFIRE Research Test Press Release Two 5.4.2021.pdf HRES 4/28/2021 1:00:00 PM
HB 171
HB 171 LASTFIRE Research Test Press Release One 5.4.2021.pdf HRES 4/28/2021 1:00:00 PM
HB 171
HB 171 Letter Karen Nguyen 5.4.2021.pdf HRES 4/28/2021 1:00:00 PM
HB 171