Legislature(2021 - 2022)DAVIS 106

03/15/2022 08:00 AM House TRIBAL AFFAIRS

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Audio Topic
08:03:15 AM Start
08:03:53 AM Presentation(s): Rural Wastewater and Sanitation
10:00:14 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: Rural Wastewater and Sanitation TELECONFERENCED
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
           HOUSE SPECIAL COMMITTEE ON TRIBAL AFFAIRS                                                                          
                         March 15, 2022                                                                                         
                           8:03 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Tiffany Zulkosky, Chair                                                                                          
Representative Dan Ortiz                                                                                                        
Representative Zack Fields                                                                                                      
Representative Geran Tarr                                                                                                       
Representative Mike Cronk                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
PRESENTATION(S):  RURAL WASTEWATER AND SANITATION                                                                               
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JULIE SANDE, Commissioner Designee                                                                                              
Department of Commerce, Community, and Economic Development                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Co-provided a PowerPoint presentation on                                                                 
Rural Wastewater and Sanitation.                                                                                                
                                                                                                                                
JASON BRUNE, Commissioner                                                                                                       
Department of Environmental Conservation                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Co-provided a PowerPoint presentation on                                                                 
Rural Wastewater and Sanitation.                                                                                                
                                                                                                                                
CARRIE BOHAN, Facilities Program Manager                                                                                        
Division of Water                                                                                                               
Department of Environmental Conservation                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Co-provided a PowerPoint presentation on                                                                 
Rural Wastewater and Sanitation.                                                                                                
                                                                                                                                
ALBERTA UNOK, President and CEO                                                                                                 
Alaska Native Health Board                                                                                                      
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    Provided  a  PowerPoint  presentation  on                                                             
ANHB's role related  to the Presentation on  Rural Wastewater and                                                               
Sanitation.                                                                                                                     
                                                                                                                                
BRIAN LEFFERTS, Director of Public Health                                                                                       
Yukon-Kuskokwim Health Corporation                                                                                              
Bethel, Alaska                                                                                                                  
POSITION STATEMENT:   Provided a PowerPoint  presentation, titled                                                             
"Water & Wastewater in Rural  Alaska," during the presentation on                                                               
Rural Wastewater and Sanitation.                                                                                                
                                                                                                                                
FRANCINE MORENO, Manager of Utility Operations                                                                                  
Alaska Native Tribal Health Consortium                                                                                          
Anchorage, Alaska                                                                                                               
POSITION   STATEMENT:     Provided   a   PowerPoint  during   the                                                             
presentation on Rural Wastewater and Sanitation.                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:03:15 AM                                                                                                                    
                                                                                                                                
CHAIR  TIFFANY ZULKOSKY  called  the House  Special Committee  on                                                             
Tribal Affairs  meeting to  order at  8:03 a.m.   Representatives                                                               
Cronk, Ortiz,  and Zulkosky  were present at  the call  to order.                                                               
Representatives Tarr  and Fields  arrived as  the meeting  was in                                                               
progress.                                                                                                                       
                                                                                                                                
^PRESENTATION(S):  Rural Wastewater and Sanitation                                                                              
       PRESENTATION(S):  Rural Wastewater and Sanitation                                                                    
                                                                                                                              
8:03:53 AM                                                                                                                    
                                                                                                                                
CHAIR ZULKOSKY  announced that the  only order of  business would                                                               
be a Presentation on Rural Wastewater and Sanitation.                                                                           
                                                                                                                                
8:04:56 AM                                                                                                                    
                                                                                                                              
JULIE  SANDE,  Commissioner  Designee,  Department  of  Commerce,                                                               
Community,  and  Economic   Development  (DCCED),  co-provided  a                                                               
PowerPoint presentation on Rural  Wastewater and Sanitation.  She                                                               
provided introductory remarks.                                                                                                  
                                                                                                                                
CARRIE  BOHAN, Facilities  Program  Manager,  Division of  Water,                                                               
Department  of Environmental  Conservation  (DEC), co-provided  a                                                               
PowerPoint presentation on Rural  Wastewater and Sanitation [hard                                                               
copy included  in the  committee packet].   Village  Safe Water's                                                               
(VSW)  goal  was  to  assist   communities  in  realizing  health                                                               
benefits  from   improved  sanitation  by   building  sustainable                                                               
utilities.  VSW  received $70 million in annual  funding from the                                                               
U.S.  Environmental  Protection  Agency   (USEPA)  and  the  U.S.                                                               
Department  of  Agriculture  (USDA)   Rural  Development  with  a                                                               
required  25 percent  match.   DEC administered  the funding  and                                                               
supported  70  communities  in  implementing  the  infrastructure                                                               
projects.   States  were obligated  to ensure  that public  water                                                               
systems  are equipped  with  adequate  financial, technical,  and                                                               
managerial capacity,  otherwise known as  "capacity development,                                                                
per the Safe Drinking Water Act.   The USEPA delegated primacy of                                                               
drinking water  regulations to  DEC.   DEC and  DCCED implemented                                                               
the  Remote  Maintenance  Worker  (RMW)  program  and  the  Rural                                                               
Utility Business  Advisor (RUBA) program to  specifically address                                                               
capacity development.  Operations  and Maintenance Best Practices                                                               
were developed  through a  two-year collaborative  effort between                                                               
DEC,  RUBA,  and  the  Alaska  Native  Tribal  Health  Consortium                                                               
(ANTHC).  She detailed the  scoring system assessment system used                                                               
for VSW and other project    funding eligibility.  In response to                                                               
committee questions, she  explained that as the  lead agency, DEC                                                               
assigned an  engineer to each  community who was  responsible for                                                               
documenting sanitation  needs in the Indian  Health Service (IHS)                                                               
Sanitation  Deficiency  System  (SDS)  database,  assisting  with                                                               
funding  applications,  and   overseeing  the  implementation  of                                                               
projects.   IHS funding did  not require a state  match; however,                                                               
many projects were ineligible for  that funding source, for which                                                               
VSW funding was a likely candidate.                                                                                             
                                                                                                                                
JASON   BRUNE,   Commissioner,    Department   of   Environmental                                                               
Conservation  (DEC),  co-provided  a PowerPoint  presentation  on                                                               
Rural  Wastewater  and  Sanitation.   In  response  to  committee                                                               
questions,  he described  the remote  maintenance workers  as the                                                               
"heroes  of Alaska"  for  doing the  difficult  job of  restoring                                                               
generators and water  systems to rural Alaska  in minus 30-degree                                                               
weather.   He explained that  the "easy" communities  had already                                                               
been   serviced;  however,   there  were   30  more    difficult                                                                
communities left  unserved.  In those  remaining communities, the                                                               
average cost  of hooking  up each  home [to  a water  system] was                                                               
between $600,000  and $800,000.   The  Sewar and  Water Challenge                                                               
was  a collaborative  project between  the  University of  Alaska                                                               
(UA)  and  the  USEPA  that looked  for  affordable  systems  for                                                               
processing water and wastewater.                                                                                                
                                                                                                                                
9:01:55 AM                                                                                                                    
                                                                                                                                
ALBERTA UNOK,  President/CEO, Alaska Native Health  Board (ANHB),                                                               
gave  a   PowerPoint  presentation   on  ANHB's  role   in  rural                                                               
wastewater and  sanitation.   Established in  1968, the  ANHB was                                                               
the  statewide  advocacy  voice  for  the  Alaska  Tribal  health                                                               
system.   Water and sanitation  had been a  longstanding priority                                                               
for  the board.   The  United Nations  recognize access  to clean                                                               
drinking water and sanitation as  an essential human right.  ANHB                                                               
had worked for decades to  achieve funding to reduce barriers for                                                               
communities to receive piped water  systems.  During the Covid-19                                                               
Pandemic, ANHB  knew that the  limited access to clean  water and                                                               
sanitation  represented  a  risk factor  for  rural  communities,                                                               
which already suffered from higher  rates of respiratory diseases                                                               
due to  the lack of  services.  Washing  hands was not  an option                                                               
for all.   The current  method of funding  distribution supported                                                               
system barriers  and allowed communities  with the  greatest need                                                               
to be  left out.   In December  2020, ANHB passed  Resolution No,                                                               
01-2020, which called for the  removal of Best Practice score for                                                               
state  allocated funding  to support  projects  through the  VSW.                                                               
Federal  statute 25  U.S.C. Section  1632 provided  precedent for                                                               
preventing  barriers in  Native  water  and sanitation  programs.                                                               
She emphasized that every Alaskan  deserved the dignity of access                                                               
to  water   and  sanitation,  and   rural  communities   were  no                                                               
different.                                                                                                                      
                                                                                                                                
9:09:39 AM                                                                                                                    
                                                                                                                                
BRIAN  LEFFERTS,  Director   of  Public  Health,  Yukon-Kuskokwim                                                               
Health  Corporation,  gave   a  PowerPoint  presentation,  titled                                                               
"Water & Wastewater in Rural  Alaska," during the presentation on                                                               
Rural  Wastewater  and  Sanitation.   He  described  the  service                                                               
delivery types in the Yukon-Kuskokwim  (YK) Delta: honey buckets;                                                               
small,  closed haul  systems; and  piped systems.   To  avoid the                                                               
transmission of "water-washed" diseases,  25 gallons of water per                                                               
person, per  day, was required.   The health impacts from  a lack                                                               
of  water include  increased respiratory  disease infections.   A                                                               
2008  study  found  that  one in  three  infants  in  communities                                                               
without  piped   water  were  hospitalized  due   to  respiratory                                                               
infections.  Rates of hospitalization  for pneumonia were also 11                                                               
times higher  in these communities.   A recent report  found that                                                               
moving  unserved communities  in the  YK Delta  to a  fully piped                                                               
community could  prevent over 4,600  illnesses and 60  deaths per                                                               
year, resulting  in an estimated  $7 million per year  in avoided                                                               
healthcare  costs and  $586 million  per year  in mortality  risk                                                               
reduction.  Construction was a huge  barrier to entry.  In the YK                                                               
Delta alone, there was $587  million in funding needed to address                                                               
the  dire sanitation  condition.   Two state  policy requirements                                                               
were preventing  the funding  from going  to projects  to address                                                               
the   most  severe   sanitation  deficiencies   in  Alaska:   the                                                               
affordability matrix  and Best Practice  scores.  He  argued that                                                               
existing research did  not support these metrics  for the measure                                                               
of  future   sustainability.     Best  Practices   from  un-piped                                                               
communities was  a poor predictor  of the community's  ability to                                                               
operate a  pipe system, he  said, while the  affordability matrix                                                               
was an  unrealistic measure of  a household's willingness  to pay                                                               
for an  essential service.   He further explained  the "catch-22"                                                               
with Best Practice scores: pipe  systems were essential to create                                                               
an economy  of scale for  a high  score; however, systems  need a                                                               
high score to  qualify for funding.  In addition,  not one of the                                                               
existing pipe,  water, and  sewer systems in  the YK  Delta would                                                               
have been funded  if the affordability matrix  were a requirement                                                               
when they  were built.   He concluded by emphasizing  that health                                                               
disparities  in rural  Alaska were  unintended consequences  of a                                                               
failure  in policy  associated  with  the state's  sustainability                                                               
plan and Best Practice requirements.                                                                                            
                                                                                                                                
9:26:34 AM                                                                                                                    
                                                                                                                                
FRANCINE  MORENO, Manager  of Utility  Operations, Alaska  Native                                                               
Tribal Health Consortium (ANTH),  gave a PowerPoint presentation,                                                               
titled  "ANTHC Presentation  on Rural  Sanitation Funding"  [hard                                                               
copy included in the committee packet.   She pointed out that the                                                               
lack of water  service in many rural  communities created extreme                                                               
challenges  in practicing  basic COVID-19  prevention techniques.                                                               
In addition,  multiple generations of families  living within the                                                               
same household made it challenging  to avoid close contact.  Over                                                               
the  next five  years,  the Bipartisan  Infrastructure Law  would                                                               
allocate $3.5  billion to IHS  sanitation funding, of  which $1.9                                                               
billion was needed to bring a  level of sanitation service to the                                                               
unserved  and underserved  communities in  Alaska.   Of the  $1.9                                                               
billion,  communities   would  need   $363  million   in  non-IHS                                                               
contributions, which could be funded  by the Denali Commission or                                                               
through USDA  or USEPA, all of  which require a state  match.  In                                                               
the first  year of Bipartisan Infrastructure  Law funding, Alaska                                                               
should expect to  see $196 million in  funding with approximately                                                               
$24  million in  contributions.   Failure to  meet Best  Practice                                                               
criteria  could  make  communities  ineligible  for  the  non-IHS                                                               
grants  needed  as  contributions  for  the  IHS  funding.    She                                                               
reiterated   that   currently,   Best  Practice   scores   worked                                                               
effectively for  training, building capacity, and  evaluating the                                                               
understanding of  water and sewer  operations for newly  built or                                                               
existing  infrastructure;   however,  its  use   for  determining                                                               
funding  eligibility  created  a barrier  to  receiving  service.                                                               
Furthermore, nearly all the  underserved and unserved communities                                                               
would be denied funding if  the existing affordability index were                                                               
used.   In conclusion, Ms.  Moreno said the Best  Practice scores                                                               
and  RUBA  program's training  efforts  were  critical for  rural                                                               
communities to  understand how to  operate and  maintain existing                                                               
and  new   systems.    Nonetheless,   she  urged  the   State  to                                                               
discontinue   the  use   of  Best   Practice  criteria   and  the                                                               
affordability   index   to   determine  a   community's   funding                                                               
eligibility.                                                                                                                    
                                                                                                                                
10:00:14 AM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Special  Committee on  Tribal Affairs  meeting  was adjourned  at                                                               
10:00 a.m.                                                                                                                      

Document Name Date/Time Subjects
2022 Unserved Communities w rate info.pdf HTRB 3/15/2022 8:00:00 AM
ANHB Rural Wasterwater & Sanitation Presentation 3.15.2022.pdf HTRB 3/15/2022 8:00:00 AM
ANTHC Tribal Affairs Committee Presentation 3-15-22.pdf HTRB 3/15/2022 8:00:00 AM
DCCED HTA RUBA PPT 3.15.22 FINAL.pdf HTRB 3/15/2022 8:00:00 AM
DEC HTA Presentation 03.15.22.pdf HTRB 3/15/2022 8:00:00 AM
Tribal Affairs Hearing on Sanitation 2022 YKHC.pdf HTRB 3/15/2022 8:00:00 AM