Legislature(2023 - 2024)BARNES 124

04/21/2023 01:00 PM House RESOURCES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 98 STATE OWNERSHIP OF SUBMERGED LAND TELECONFERENCED
Heard & Held
-- Public Testimony --
+ SB 92 STATE OWNERSHIP OF SUBMERGED LAND TELECONFERENCED
Scheduled but Not Heard
<Pending Referral>
-- Public Testimony --
+= HB 143 ADVANCED RECYCLING AND FACILITIES TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE RESOURCES STANDING COMMITTEE                                                                             
                         April 21, 2023                                                                                         
                           1:02 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Tom McKay, Chair                                                                                                 
Representative George Rauscher, Vice Chair (via teleconference)                                                                 
Representative Kevin McCabe                                                                                                     
Representative Dan Saddler                                                                                                      
Representative Stanley Wright                                                                                                   
Representative Jennie Armstrong (via teleconference)                                                                            
Representative Donna Mears                                                                                                      
Representative Maxine Dibert                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Josiah Patkotak                                                                                                  
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 143                                                                                                              
"An   Act   relating   to   the   Department   of   Environmental                                                               
Conservation;  relating   to  advanced  recycling   and  advanced                                                               
recycling  facilities; relating  to waste;  and providing  for an                                                               
effective date."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 98                                                                                                               
"An Act relating to state ownership of submerged land underlying                                                                
navigable water within the boundaries of and adjacent to federal                                                                
areas; and providing for an effective date."                                                                                    
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 143                                                                                                                  
SHORT TITLE: ADVANCED RECYCLING AND FACILITIES                                                                                  
SPONSOR(s): RESOURCES                                                                                                           
                                                                                                                                
03/27/23       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/27/23       (H)       RES, L&C                                                                                               
04/05/23       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/05/23       (H)       -- MEETING CANCELED --                                                                                 
04/12/23       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/12/23       (H)       Heard & Held                                                                                           
04/12/23       (H)       MINUTE(RES)                                                                                            
04/19/23       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/19/23       (H)       -- MEETING CANCELED --                                                                                 
04/21/23       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB  98                                                                                                                  
SHORT TITLE: STATE OWNERSHIP OF SUBMERGED LAND                                                                                  
SPONSOR(s): SADDLER                                                                                                             
                                                                                                                                
03/06/23       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/06/23       (H)       JUD, RES                                                                                               
03/29/23       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/29/23       (H)       Heard & Held                                                                                           
03/29/23       (H)       MINUTE(JUD)                                                                                            
03/31/23       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/31/23       (H)       Moved HB 98 Out of Committee                                                                           
03/31/23       (H)       MINUTE(JUD)                                                                                            
04/03/23       (H)       JUD RPT 6DP                                                                                            
04/03/23       (H)       DP:   C.JOHNSON,   CARPENTER,   EASTMAN,                                                               
                         GRAY, ALLARD, VANCE                                                                                    
04/14/23       (H)       RES AT 1:00 PM BARNES 124                                                                              
04/14/23       (H)       Heard & Held                                                                                           
04/14/23       (H)       MINUTE(RES)                                                                                            
04/21/23       (H)       RES AT 1:00 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
EMMA POKON, Deputy Commissioner                                                                                                 
Department of Environmental Conservation                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided invited testimony on HB 143.                                                                    
                                                                                                                                
DYANI CHAPMAN, State Director                                                                                                   
Alaska Environment                                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided invited testimony on HB 143.                                                                    
                                                                                                                                
LINDSAY STOVALL, Director                                                                                                       
State and Regulatory Affairs                                                                                                    
American Chemistry Council                                                                                                      
(No address provided)                                                                                                           
POSITION STATEMENT:  Provided invited testimony on HB 143.                                                                    
                                                                                                                                
                                                                                                                                
CRAIG COOKSON, Senior Director                                                                                                  
Plastics Sustainability                                                                                                         
American Chemistry Council                                                                                                      
Washington, D.C.                                                                                                                
POSITION STATEMENT:  Answered questions on HB 143.                                                                            
                                                                                                                                
TREVOR JEPSEN, Staff                                                                                                            
Representative Tom McKay                                                                                                        
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    On  behalf  of  the  sponsor,  the  House                                                             
Resources  Standing  Committee,  of  which  Representative  McKay                                                               
serves as  chair, clarified  points made  during testimony  on HB
143.                                                                                                                            
                                                                                                                                
CRAIG COMPEAU, representing self                                                                                                
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 98.                                                                           
                                                                                                                                
KIM REITMEIER, President                                                                                                        
Regional Association                                                                                                            
Alaska Native Claims Settlement Act                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 98.                                                                           
                                                                                                                                
MIKE TINKER, representing self                                                                                                  
Ester, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in support of HB 98.                                                                           
                                                                                                                                
CAROL RUSHMORE, Economic Director                                                                                               
City and Borough of Wrangell                                                                                                    
Wrangell, Alaska                                                                                                                
POSITION STATEMENT:  Testified in support of HB 98.                                                                           
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:02:41 PM                                                                                                                    
                                                                                                                                
CHAIR  TOM MCKAY  called the  House Resources  Standing Committee                                                             
meeting to  order at 1:02  p.m.  Representatives  McCabe, Wright,                                                               
Mears,  Dibert, and  McKay were  present  at the  call to  order.                                                               
Representatives  Saddler,  Armstrong  (via  teleconference),  and                                                               
Rauscher  (via  teleconference) arrived  as  the  meeting was  in                                                               
progress.                                                                                                                       
                                                                                                                                
            HB 143-ADVANCED RECYCLING AND FACILITIES                                                                        
                                                                                                                                
1:03:18 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY announced  that the first order of  business would be                                                               
HOUSE  BILL  NO. 143,  "An  Act  relating  to the  Department  of                                                               
Environmental  Conservation; relating  to advanced  recycling and                                                               
advanced recycling  facilities; relating to waste;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
1:03:47 PM                                                                                                                    
                                                                                                                                
CHAIR  MCKAY   opened  public  testimony   on  HB  143.     After                                                               
ascertaining there  was no one  who wished to testify,  he closed                                                               
public testimony on HB 143.  He welcomed invited testimony.                                                                     
                                                                                                                                
1:05:00 PM                                                                                                                    
                                                                                                                                
EMMA  POKON,  Deputy  Commissioner, Department  of  Environmental                                                               
Conservation  (DEC), provided  invited testimony  in support  for                                                               
recycling  programs; however,  she  noted that  recycling in  the                                                               
state  is  limited.   She  addressed  the current  definition  of                                                               
"solid waste" in  the state's statute and advised if  there is to                                                               
be a  change to the definition  of solid waste for  recycling, it                                                               
would need  to be  done in  statute.   She expressed  the opinion                                                               
that modifications would be needed  for existing facilities to be                                                               
able to do advanced recycling.  She offered to answer questions.                                                                
                                                                                                                                
1:08:25 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:08 p.m. to 1:13 p.m.                                                                       
                                                                                                                                
1:13:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MEARS,  on  behalf  of  the  sponsor,  the  House                                                               
Resources Standing  Committee, presented a PowerPoint  on HB 143,                                                               
subtitled  "Advanced  Recycling"  [hard   copy  included  in  the                                                               
committee packet].   She introduced the presentation  with a list                                                               
of the benefits  of recycling, which includes  extending the life                                                               
of landfills,  reducing greenhouse  gas generation  and emission,                                                               
maximizing   utilization  of   resources,   creating  jobs,   and                                                               
promoting a  circular economy.   She directed attention  to slide                                                               
3, titled  "Background Waste and  Recycling in Alaska,"  and said                                                               
Alaska has 9 active Class I  landfills.  She explained that these                                                               
collect  more  than 20  tons  per  day  (tpd) of  material,  with                                                               
Anchorage having  the largest.   She  noted that  municipal solid                                                               
waste (MSW) and Construction and  demolition debris (CDD) make up                                                               
the materials in  landfills.  As shown on the  slide, she pointed                                                               
out that  the tons per  year (tpy) [in Anchorage,  the Matanuska-                                                               
Susitna Valley, Fairbanks, Soldotna,  and the Denali Borough] add                                                               
up to  almost 550,000 tpy.   She covered the  remaining materials                                                               
on slide 3, which consisted  of statistics on the collected waste                                                               
materials from these communities.                                                                                               
                                                                                                                                
1:18:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MEARS  directed attention to slide  4 and reviewed                                                               
the statutes which  govern DEC.  She moved to  slide 5, subtitled                                                               
"Section 2  - modifying definition of  'industrial waste,'" which                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
     (11)  "industrial  waste"   means  a  liquid,  gaseous,                                                                    
     solid,  or other  waste substance  or a  combination of                                                                    
     them resulting from  process of industry, manufacturing                                                                    
     trade or  business, or from the  development of natural                                                                    
     resources;  "industrial waste"  does not  include post-                                                                    
     use polymers  and recovered  feedstocks at  an advanced                                                                    
     recycling facility or [HOWEVER,]  gravel, sand, mud, or                                                                    
     earth  taken from  its original  situs and  put through                                                                    
     sluice  boxes,  dredges,  or   other  devices  for  the                                                                    
     washing and  recovery of  the precious  metal contained                                                                    
     in  them and  redeposited  in the  same watershed  from                                                                    
     which it came [IS NOT INDUSTRIAL WASTE];                                                                                   
                                                                                                                                
     ADEC  says this  is  unnecessarypost-use  polymers  and                                                                    
     recovered feedstocks  do not  currently fall  under the                                                                    
     definition of "industrial waste"                                                                                           
                                                                                                                                
REPRESENTATIVE MEARS  addressed slide  6, subtitled "Section  3                                                                 
modifying definition  of 'other  wastes,'" which read  as follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     (17)  "other  wastes"  means garbage,  refuse,  decayed                                                                    
     wood, sawdust,  shavings, bark, trimmings  from logging                                                                    
     operations,  sand,  lime  cinders, ashes,  offal,  oil,                                                                    
     tar, dyestuffs, acids, chemicals,  heat from cooling or                                                                    
     other operations,  and other  substances not  sewage or                                                                    
     industrial  waste that  [WHICH]  may cause  or tend  to                                                                    
     cause  pollution of  the waters  of  the state;  "other                                                                    
     wastes"   does  not   include  post-use   polymers  and                                                                    
     recovered feedstocks at an advanced recycling facility                                                                     
                                                                                                                                
     ADEC  says this  is  unnecessarypost-use  polymers  and                                                                    
     recovered feedstocks  do not fall under  the definition                                                                    
     of "other waste"                                                                                                           
                                                                                                                                
REPRESENTATIVE MEARS  continued to slide 7,  subtitled "Section 4                                                               
- modifying definition  of 'solid waste,'" which  read as follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     (26) "solid waste" means  garbage, refuse, or abandoned                                                                    
     [,] or  other discarded  solid or  semi-solid material,                                                                    
     regardless   of  whether   subject  to   decomposition,                                                                    
     originating  from any  source; "solid  waste" does  not                                                                    
     include post-use  polymers and recovered  feedstocks at                                                                    
     an advanced recycling facility                                                                                             
                                                                                                                                
     This  section excludes  advanced recycling  inputs from                                                                    
     the  definition  of  "solid waste".  This  section,  if                                                                    
     approved,   would   give  preferential   treatment   to                                                                    
     advanced recycling activities and  exempt them from the                                                                    
     current law.                                                                                                               
                                                                                                                                
1:21:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MEARS,   in   response   to   a   request   from                                                               
Representative Saddler  to speak  to the importance  of excluding                                                               
post-use polymers  and recovered  feedstocks from  the definition                                                               
of  solid waste,  advised that  if there  were health  hazards or                                                               
animals in the area the centers may be exempted from regulation.                                                                
                                                                                                                                
1:22:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MEARS  continued  the presentation  on  slide  8,                                                               
subtitled  "Section  5 -  modifying  definition  of 'solid  waste                                                               
disposal facility,'" which read  as follows [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     (27) "solid  waste disposal facility" means  a facility                                                                    
     for the  discharge, deposit,  injection, consolidation,                                                                    
     or placement of  solid waste into or onto  the land and                                                                    
     includes transfer stations  and sanitary landfills, but                                                                    
     does not include an advanced recycling facility                                                                            
                                                                                                                                
     This section is  unnecessary as per ADEC,  this term is                                                                    
     referring to  disposal of waste  to land at  a facility                                                                    
     (most  likely  a   landfill).  The  advanced  recycling                                                                    
     facility is not disposing of waste to the land.                                                                            
                                                                                                                                
REPRESENTATIVE MEARS  moved to  slide 9,  subtitled "Section  6 -                                                               
modifying definition of 'solid waste  processing,'" which read as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     (28)  "solid  waste  processing"  means  extraction  of                                                                    
     materials   from   solid   waste,   volume   reduction,                                                                    
     conversion   to  energy,   or   other  separation   and                                                                    
     preparation of  solid waste for  reuse or  disposal and                                                                    
     includes   processing   by   incinerators,   shredders,                                                                    
     balers,   and    transfer   stations;    "solid   waste                                                                    
     processing"   does  not   include  the   extraction  of                                                                    
     materials from solid waste through advanced recycling;                                                                     
     This  section excludes  advanced  recycling  as it  may                                                                    
     otherwise be included for  regulation under solid waste                                                                    
     processing.  This  section,  if  approved,  would  give                                                                    
     preferential    treatment    to   advanced    recycling                                                                    
     activities and exempt them from the current law.                                                                           
                                                                                                                                
REPRESENTATIVE  MEARS,  in  response  to a  request  for  further                                                               
clarification, spoke  about a list of  certain regulations around                                                               
solid  waste  processing  facilities, which  include  restricting                                                               
access and  covering materials.   She stated that these  would be                                                               
exempt in the case of advanced recycling.                                                                                       
                                                                                                                                
CHAIR  MCKAY  suggested amendments  could  be  made to  alleviate                                                               
these concerns.                                                                                                                 
                                                                                                                                
1:25:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MEARS continued  the  presentation  on slide  10,                                                               
subtitled  "New  Definitions"  which read  as  follows  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     If Sections  2-7 are not  adopted, new  definitions are                                                                    
     not needed.                                                                                                                
                                                                                                                                
     If any of  Sections 2-7 are adopted,  the definition of                                                                    
     "advanced recycling",  and following  definitions would                                                                    
     be needed.                                                                                                                 
                                                                                                                                
     Some  of the  definitions are  too narrowly  defined to                                                                    
     specifically refer to the advanced recycling process.                                                                      
                                                                                                                                
     The   following   definitions    would   need   to   be                                                                    
     reconsidered for  including other  recycling operations                                                                    
     currently employed in the state:                                                                                           
     ? gasification                                                                                                             
     ? other recycled product                                                                                                   
     ? pyrolysis                                                                                                                
     ? recovered feedstock                                                                                                      
     ? recycled plastics                                                                                                        
     ? third-party certification system                                                                                         
                                                                                                                                
REPRESENTATIVE MEARS  brought attention  to slide  11, "HB  143 -                                                               
Conclusions,"  which   read  as  follows   [original  punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     ? Many  sections of the  bill are already  covered with                                                                    
     existing  regulations within  the Alaska  Department of                                                                    
     Conservation                                                                                                               
     ? Two  sections (4  and 6) would  preferentially exempt                                                                    
     any   future   advanced    recycling   operation   from                                                                    
     definitions which  the rest of the  recycling and waste                                                                    
     industries must comply                                                                                                     
     ?  If any  of the  sections  2-6 are  adopted, the  new                                                                    
     definitions  need to  be modified  to include  existing                                                                    
     industry practices                                                                                                         
                                                                                                                                
1:28:49 PM                                                                                                                    
                                                                                                                                
MS. POKON,  in response to  Chair McKay,  said DEC has  no issues                                                               
with the current version of HB 143.                                                                                             
                                                                                                                                
1:29:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  questioned  whether the  definitions  in                                                               
Section 2 and Section 3 of HB 143 were unnecessary.                                                                             
                                                                                                                                
1:29:42 PM                                                                                                                    
                                                                                                                                
MS.  POKON clarified  that Section  2 and  Section 3  provide the                                                               
definitions   of   "industrial    waste"   and   "other   waste",                                                               
respectively.   She  stated that  DEC has  no objection  to these                                                               
changes.  She  said, "Covering that issue in  all the definitions                                                               
probably provides  some clarity."   She added that the  degree of                                                               
clarity desired  in statute  would be  up to  the committee.   In                                                               
response  to  a follow-up  question,  she  agreed "that  language                                                               
could be redundant."                                                                                                            
                                                                                                                                
1:31:48 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY reopened public testimony on HB 143.                                                                                
                                                                                                                                
1:32:04 PM                                                                                                                    
                                                                                                                                
DYANI CHAPMAN,  State Director, Alaska Environment,  testified in                                                               
opposition to HB 143.  She  stated that chemical recycling is not                                                               
an adequate  solution to plastic  waste issues and is  harmful to                                                               
the environment.   She  referenced an  analysis conducted  by the                                                               
National   Renewable  Energy   Laboratory,   which  claims   that                                                               
pyrolysis and  gasification to  produce plastic  is significantly                                                               
worse  economically  and  environmentally  than  creating  virgin                                                               
plastic.   She  stated that  these methods  are known  to release                                                               
toxic chemicals into  the air, and she suggested  that this could                                                               
cause  cancer, birth  defects, and  other health  problems.   She                                                               
argued  that   the  process  of  chemical   recycling  is  energy                                                               
intensive, and  this would  waste valuable  energy if  powered by                                                               
renewables  and  create greenhouse  gases  if  powered by  fossil                                                               
fuels.    She  criticized  chemical recycling  for  its  lack  of                                                               
potential  economic   viability.    She  suggested   some  policy                                                               
recommendations  to HB  143, including  that incineration  should                                                               
not count as  advanced recycling.  She said  that regulations and                                                               
definitions  should  clearly  distinguish between  plastics  that                                                               
fuel  processes  and  processes   that  turn  plastics  into  new                                                               
plastics.                                                                                                                       
                                                                                                                                
MS. CHAPMAN  urged the  committee to create  a system  that would                                                               
not compete  with less damaging  forms of waste  management, like                                                               
mechanical  recycling.     She   expressed  the  hope   that  the                                                               
legislation would  compel companies  to become  transparent about                                                               
pollution  created  by their  facilities.    She maintained  that                                                               
proponents  of advanced  recycling present  this as  a part  of a                                                               
circular  economy,  which is  misleading  as  a solution  to  the                                                               
plastics crisis.   She suggested that this  is "greenwashing" and                                                               
"nothing as  environmentally nasty  as this should  be considered                                                               
sustainable."  She  suggested the state should  instead invest in                                                               
"real solutions" for managing plastic waste.                                                                                    
                                                                                                                                
1:34:48 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY,  after ascertaining that  there was no one  else who                                                               
wished to testify, closed public testimony on HB 143.                                                                           
                                                                                                                                
1:35:20 PM                                                                                                                    
                                                                                                                                
LINDSAY   STOVALL,  Director,   State  and   Regulatory  Affairs,                                                               
American  Chemistry Council,  provided  invited  testimony on  HB
143.    She pointed  out  the  challenges with  recycling,  which                                                               
include  the  complexity   in  engineered  packaging,  economics,                                                               
market demand,  and the recent  restrictions in China.   She gave                                                               
examples of incorporating new  technologies of advanced recycling                                                               
in large  companies like  Herbal Essences  and Wendy's,  as these                                                               
companies have  adopted using packaging from  advanced recycling.                                                               
She  opined that  if  Alaska  converted just  50  percent of  the                                                               
current  plastic in  landfills utilizing  advanced recycling,  it                                                               
could generate  $70 million  in economic output  each year.   She                                                               
mentioned that  under HB 143,  new technologies would  be subject                                                               
to  local, state,  and  federal regulations,  such  as the  Clean                                                               
Water  Act and  the  Clean  Air Act.    She  added that  advanced                                                               
recycling would be regulated the  same way manufacturing is.  She                                                               
further urged support  for HB 143, expressing the  belief that it                                                               
would  bring added  investment and  jobs to  the state,  increase                                                               
recycling, conserve resources, and reduce plastic waste.                                                                        
                                                                                                                                
1:39:16 PM                                                                                                                    
                                                                                                                                
CRAIG   COOKSON,   Senior  Director,   Plastics   Sustainability,                                                               
American  Chemistry Council,  provided  invited  testified on  HB
143.    He  provided  clarifications to  the  National  Renewable                                                               
Energy Laboratory  report referred  to in  public testimony.   He                                                               
mentioned  his experience  regarding advanced  recycling programs                                                               
across the  country and argued  that the report lacked  data from                                                               
"real operations."   He added that the study was  "old."  He then                                                               
referred to  a different and  more recent study conducted  by the                                                               
Argonne  National Laboratory,  which details  converting plastics                                                               
into pyrolysis  oil, which is  used as an  alternative feedstock.                                                               
He  said this  method has  a  27 percent  smaller greenhouse  gas                                                               
footprint   compared   to  virgin   oil.      He  expressed   the                                                               
understanding  that  the  National  Renewable  Energy  Laboratory                                                               
report is commonly miscited and mischaracterized.                                                                               
                                                                                                                                
1:41:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MEARS asked about  the advanced facility feedstock                                                               
threshold   in  tonnage   and  necessary   minimums  for   viable                                                               
facilities.                                                                                                                     
                                                                                                                                
MR.  COOKSON  said  there  are many  different  options  for  new                                                               
advanced recycling facilities  in Alaska.  He gave  an example of                                                               
a viable  facility that  received 35-50 tpd.   He  mentioned that                                                               
many large  companies are pushing  to utilize  advanced recycling                                                               
in order  to achieve an  International Sustainability  and Carbon                                                               
Certification.                                                                                                                  
                                                                                                                                
1:43:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MEARS asked whether  Alaska is better off shipping                                                               
its plastics to facilities in the Lower 48.                                                                                     
                                                                                                                                
MR. COOKSON answered that shipping  plastics in a liquid state is                                                               
less expensive than shipping plastics in a solid state.                                                                         
                                                                                                                                
REPRESENTATIVE   MEARS    commented   that   Alaska    ships   in                                                               
significantly  more materials  than it  ships out,  and often  it                                                               
ships empty containers back to the  Lower 48.  She noted that the                                                               
state's  ability  to  backhaul  unprocessed  feedstock  in  these                                                               
containers would be high.                                                                                                       
                                                                                                                                
MR.  COOKSON  pointed out  the  program  that shipped  recyclable                                                               
plastics  to China  had stalled.   He  advised that  the domestic                                                               
supply chain is more important.                                                                                                 
                                                                                                                                
CHAIR MCKAY pointed out that HB  143 would only provide the legal                                                               
framework for advanced recycling.                                                                                               
                                                                                                                                
1:47:14 PM                                                                                                                    
                                                                                                                                
TREVOR  JEPSEN, Staff,  Representative  Tom  McKay, Alaska  State                                                               
Legislature,  on  behalf  of the  sponsor,  the  House  Resources                                                               
Standing  Committee,  of  which Representative  McKay  serves  as                                                               
chair, cleared up  several points made by testifiers.   He stated                                                               
that  according  to  industry  experts,  for  the  state  to  see                                                               
investments in future projects,  advanced recycling is necessary.                                                               
He  clarified the  definition of  "solid waste"  in the  proposed                                                               
legislation.   He expressed doubt  concerning the  testimony that                                                               
had  asserted  advanced  recycling creates  more  pollution  than                                                               
landfills.   He  expressed the  understanding that  making virgin                                                               
plastics from  crude oil creates  higher emissions  than advanced                                                               
recycling.                                                                                                                      
                                                                                                                                
1:49:33 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY announced that HB 143 was held over.                                                                                
                                                                                                                                
            HB 98-STATE OWNERSHIP OF SUBMERGED LAND                                                                         
                                                                                                                                
[Contains discussion of SB 92.]                                                                                                 
                                                                                                                                
1:49:40 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY announced  that the final order of  business would be                                                               
HOUSE  BILL  NO. 98,  "An  Act  relating  to state  ownership  of                                                               
submerged land  underlying navigable water within  the boundaries                                                               
of and adjacent to federal  areas; and providing for an effective                                                               
date."                                                                                                                          
                                                                                                                                
1:50:04 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY opened public testimony on HB 98.                                                                                   
                                                                                                                                
1:50:39 PM                                                                                                                    
                                                                                                                                
CRAIG COMPEAU,  representing self, testified  in favor of  HB 98.                                                               
He shared that he  has been living in Alaska for  62 years and in                                                               
these  years  only  9  percent of  rivers  have  been  designated                                                               
navigable.  He  expressed the desire that 2023 would  be the year                                                               
"we  are finally  taking  control  of what  we  were promised  at                                                               
statehood,"   which   includes   ownership  of   submerged   land                                                               
underlying navigable waters.                                                                                                    
                                                                                                                                
1:53:57 PM                                                                                                                    
                                                                                                                                
KIM  REITMEIER, President,  Regional  Association, Alaska  Native                                                               
Claims Settlement  Act (ANCSA),  testified in  support of  HB 98.                                                               
She explained that  ANCSA had allowed 44 million  acres to return                                                               
to  Alaska  Native  regional  villages  and  corporations.    She                                                               
encouraged the committee to allow  time for private landowners to                                                               
work with  the Division of  Natural Resources to ensure  that the                                                               
legislation would  not cause  unintended consequences  to private                                                               
landowners like Alaska Native corporations.                                                                                     
                                                                                                                                
1:56:36 PM                                                                                                                    
                                                                                                                                
MIKE TINKER,  representing self, testified  in support of  HB 98.                                                               
He expressed  concern about federal  overreach of  Alaska waters.                                                               
He expressed  the understanding that  the federal  government has                                                               
held Alaska to different standards,  and he referred to the equal                                                               
footing doctrine.  Mr. Tinker  pointed out the U.S. Supreme Court                                                               
ruling on  Sturgeon v. Frost  II 587  U.S._, 2016.   He discussed                                                             
how the National Park Service  has yet to change any regulations.                                                               
He urged  that [Revised  Statute 2477, Section  8 of  the federal                                                               
Mining  Act   of  1866]  is   important  legislation   to  review                                                               
concerning federal lands abutting waterways.                                                                                    
                                                                                                                                
1:59:02 PM                                                                                                                    
                                                                                                                                
CAROL RUSHMORE, Economic Director,  City and Borough of Wrangell,                                                               
testified in support of  HB 98.  She said the  Stikine River is a                                                               
significant  navigable water  in Southeast  Alaska, as  it is  an                                                               
important  subsistence, recreation,  and  economic  area for  the                                                               
people of Wrangell.  She said  the Stikine River has been tied up                                                               
for  years with  disclaimers  of interest  and determinations  of                                                               
waterways  between  the U.S.  Forest  Service  and other  federal                                                               
entities.    She  suggested  that passing  HB  98  would  finally                                                               
formalize  the  rights  of Alaskans  to  "enjoy  their  waterways                                                               
unhampered."                                                                                                                    
                                                                                                                                
2:01:22 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY noted that SB 92  is the companion bill still held in                                                               
the Senate,  and it  is pending referral  to the  House Resources                                                               
Standing Committee.                                                                                                             
                                                                                                                                
2:01:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  brought  up  concerns  on  SB  92.    He                                                               
mentioned that Mendenhall Lake is  currently under litigation and                                                               
should be  removed from  the list.   He expressed  concerns about                                                               
the bill's  possible effect  on private  property.   He suggested                                                               
that amendments could  make it explicitly clear that  SB 92 would                                                               
not affect private property.                                                                                                    
                                                                                                                                
2:03:37 PM                                                                                                                    
                                                                                                                                
CHAIR MCKAY announced HB 98 was held over.                                                                                      
                                                                                                                                
2:04:22 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Resources Standing Committee meeting was adjourned at 2:04 p.m.                                                                 

Document Name Date/Time Subjects
HB 143 Sponsor Statement Version U.pdf HRES 4/12/2023 1:00:00 PM
HRES 4/19/2023 1:00:00 PM
HRES 4/21/2023 1:00:00 PM
HB 143
HB 143 Sectional Analysis Version U.pdf HRES 4/12/2023 1:00:00 PM
HRES 4/19/2023 1:00:00 PM
HRES 4/21/2023 1:00:00 PM
HB 143
HB 143 HRES presentation 4-19-23.pdf HRES 4/19/2023 1:00:00 PM
HRES 4/21/2023 1:00:00 PM
HB 143
AIDEA Presentation to House Resources 04.19.2023.pdf HRES 4/21/2023 1:00:00 PM