Legislature(1993 - 1994)

02/02/1994 03:40 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                   SENATE RESOURCES COMMITTEE                                  
                        February 2, 1994                                       
                           3:40 P.M.                                           
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Senator Mike Miller, Chairman                                                 
 Senator Loren Leman, Vice Chairman                                            
 Senator Steve Frank                                                           
 Senator Al Adams                                                              
 Senator Dave Donley                                                           
 Senator Fred Zharoff                                                          
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 Senator Drue Pearce                                                           
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 Wetlands Briefing                                                             
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
 N/A                                                                           
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Al Ewing, Director of Operations                                              
 Environmental Protection Agency                                               
 Anchorage, Alaska                                                             
  POSITION STATEMENT:   Commented on wetlands issues.                          
                                                                               
 Paul Rusanowski, Director                                                     
 Division of Governmental Coordination                                         
 Office of the Governor                                                        
 P.O. Box 110030                                                               
 Juneau, Ak. 99811-0030                                                        
  POSITION STATEMENT:   Commented on wetlands issues.                          
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 94-4, SIDE A                                                            
                                                                               
 Number 001                                                                    
                                                                               
 CHAIRMAN MILLER called the Resources Committee meeting to order at            
 3:40 p.m. and announced they would have a briefing on the wetlands            
 issue.  He said the Corps of Engineers and Environmental Protection           
 Agency(EPA) held a series of meetings around the state and have               
 developed a set of 11 issue papers that address the federal                   
 approach to wetland issues.                                                   
                                                                               
 AL EWING, Director of Operations, EPA, testified via teleconference           
 that he would be representing the Corps of Engineers, also.  He               
 said the Alaska Wetland Initiative Issue Papers have been available           
 for comment since December 17.                                                
                                                                               
 Topics covered by the issue papers are: no overall net loss of                
 wetlands goal, Alaska legal issues, Alaska physical environment,              
 state, local, and native roles, individual permit process,                    
 alternative permit processing procedures, litigation sequence,                
 compensatory litigation, advanced planning of watershed management,           
 wetland inventory classification and categorization, and finally,             
 outreach and education.                                                       
                                                                               
 SENATOR MILLER asked how these 11 issues fit within the present               
 policy of wetland permitting.  MR. EWING said the feeling has been            
 in the past that they have had a reasonable approach.                         
                                                                               
 SENATOR MILLER asked if there were any legislative initiatives at             
 the federal level that would implement some of these changes.  MR.            
 EWING said there was nothing that would require congressional                 
 action.                                                                       
                                                                               
 SENATOR LEMAN asked if there would be an opportunity for further              
 public comment on the action plan.  MR. EWING said after February             
 4 there were no further plans for public comment.                             
                                                                               
 Number 228                                                                    
                                                                               
 SENATOR MILLER asked if the EPA was requesting more federal funding           
 to implement the Alaskan action plan and would they ask the state             
 to have matching funding or anything like that.                               
                                                                               
 MR. EWING answered they were expecting to use available resources,            
 including rent monies, that are available to the state and that may           
 be available to other government entities, as well.                           
                                                                               
 SENATOR MILLER asked if he anticipated the state and native                   
 population having a larger role in developing and implementing this           
 action plan.   MR. EWING  said that was already part of the                   
 President's plan.                                                             
                                                                               
 Number 287                                                                    
                                                                               
 SENATOR ZHAROFF asked him to clarify the 1% exemption.  MR. EWING             
 said the August 24 plan indicates that the 1% exemption proposal              
 will be withdrawn.                                                            
                                                                               
 SENATOR ZHAROFF asked if the wetlands laws are applicable to all              
 the 50 states and territories.  MR. EWING said yes, but he did not            
 know about territories.                                                       
                                                                               
 SENATOR MILLER asked if Alaska should want to take over some of the           
 404 permitting process.  MR. EWING answered yes, that would                   
 probably give the state more of a leadership role.                            
                                                                               
 Number 360                                                                    
                                                                               
 SENATOR LEMAN asked if he knew of anything they were doing to                 
 facilitate infrastructure development especially in rural Alaska.             
 MR. EWING said one action they have been pursuing is the                      
 development and issuance of an accelerated abbreviated permit for             
 infrastructure development there.                                             
                                                                               
 SENATOR LEMAN asked if there was any movement to withdraw the 301             
 H waivers or any of the native village waivers from the                       
 requirements for secondary treatment?  MR. EWING answered no.                 
                                                                               
 SENATOR MILLER thanked Mr. Ewing for his participation and                    
 introduced Paul Rusanowski.                                                   
                                                                               
 Number 403                                                                    
                                                                               
 PAUL RUSANOWSKI, Division of Governmental Coordination,                       
 complimented the EPA and Corps of Engineers for addressing the                
 issues that are critical to Alaska.  President Clinton said he was            
 interested in establishing a fair, flexible, and effective action             
 plan.  There are some unique aspects to Alaska that need to be                
 emphasized, the size of our wetlands, for instance.                           
                                                                               
 Looking at ownership status, he said, the federal government owns             
 115 million acres of wetlands in the state - 65% of the total                 
 wetlands.  The State of Alaska owns 40 million acres and the native           
 corporations own another 20 million acres.  That leaves less than             
 200,000 acres in private non-native ownership.  The focus will be             
 on federal, state, and native corporation owners.  36% of the lands           
 have already been placed in protective status.                                
                                                                               
 He explained that arctic and subarctic climate conditions pose                
 unique constraints on development and land forms.  Permafrost and             
 related physical features exists through most of the state.                   
                                                                               
 The population is concentrated in a small number of communities.              
 Most communities are not connected by roads and are near water                
 courses.                                                                      
                                                                               
 MR. RUSANOWSKI said they are encouraged that the federal government           
 recognizes there must be flexibility with the no net loss policy.             
 They hope the state can be involved in developing and implementing            
 policies specifying compensatory mitigation when it's required.  As           
 presently proposed the effort is conducted entirely by the federal            
 government.                                                                   
                                                                               
 Recognition of the need for a regionalized wetland delineation                
 manual is a positive step.  They support the need for inventory and           
 classification.  More emphasis should be placed on this aspect so             
 the necessary tools are available to all parties as part of the               
 Alaska action plan, Mr. Rusanowski said.                                      
                                                                               
 There must be an effective partnership between the federal                    
 government and Alaskan permitting authorities, as well as the                 
 native community.  The success of this initiative and current                 
 recommendations is critically dependent on full participation by              
 both state and native interests.                                              
                                                                               
  TAPE 94-4, SIDE B                                                            
 Number 580                                                                    
                                                                               
 He used the example of the partnering agreement that is now in                
 place between the Corps of Engineers and the Division of                      
 Governmental Coordination which facilitates the development of                
 general permits in the state to show the type of regulatory                   
 flexibility that could go a long way in solving problems that                 
 Alaskans face.                                                                
                                                                               
 The Corps and EPA's commitments to the Public Health Service to               
 develop an alternative permitting process that will help expedite             
 sewer and water projects in bush Alaska is another example of a               
 positive step to enhancing the ability to provide infrastructure              
 development in rural Alaska.                                                  
                                                                               
 The commitment to propose additional general permits statewide and            
 circle general permits to communities will greatly improve the                
 regulatory process.  However, the state should be a partner in                
 developing any regulatory scheme for Alaskan communities.  Programs           
 such as advanced identification of wetlands, circle general                   
 permits, watershed planning must incorporate regional and local               
 values and accommodate community needs to be successful.                      
                                                                               
 Number 202                                                                    
                                                                               
 SENATOR LEMAN asked him how confident he was that the implementers            
 of the plan for Alaska will incorporate a substantial number of his           
 suggestions.  MR. RUSANOWSKI answered that the state was surprised            
 at the responsiveness of the EPA and Corps in this process.  The              
 problem is not issuing the permits.  Not a lot of permits are                 
 denied. It's the process of getting to the issuance which now could           
 take a number of years.                                                       
                                                                               
 SENATOR MILLER asked if they were trying to streamline the process            
 for water and sewer in areas other than rural.  MR. RUSANOWSKI                
 answered that they were looking at that in terms of general                   
 permits.  He said there is a lot of pressure on making the right              
 decision in urban areas because there are many conflicting uses of            
 wetlands there which they hope will change.  He said they are                 
 hoping to shorten the permitting process and want to go further               
 with this idea in the action plan.                                            
 Number 496                                                                    
                                                                               
 SENATOR MILLER thanked him for his testimony and adjourned the                
 meeting at 4:40 p.m.                                                          
                                                                               

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