Legislature(1993 - 1994)
03/09/1994 03:37 PM Senate RES
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SENATE RESOURCES COMMITTEE
March 9, 1994
3:37 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
Briefing by Director Chuck Findley: Reauthorization of Clean Water
Act...Safe Drinking Water Act by Region X
Briefing: Water/Wastewater Works Advisory Board
SENATE BILL NO. 295
"An Act relating to financial assistance for certain owners or
operators of underground petroleum storage tank systems; and
providing for an effective date."
HOUSE BILL NO. 232
"An Act relating to a bow hunting tag and bow hunting safety; and
providing for an effective date."
PREVIOUS ACTION
SB 295 - No previous action to consider.
HB 232 - See Resources minutes dated 2/22/94 and 2/23/94.
WITNESS REGISTER
John Barnett, Executive Director
Board of Storage Tank Assistance
410 Willoughby
Juneau, Ak. 99801
POSITION STATEMENT: Supported SB 295
Patti Swenson, Legislative Aide
Representative Con Bunde
State Capitol
Juneau, Ak. 99801-1182
POSITION STATEMENT: Commented on HB 232.
Chuck Findley, Director
Region X
POSITION STATEMENT: Gave briefing on the Clean Water Act and Safe e
Drinking Water Act.
John Hargesheimer
Water and Wastewater Advisory Board
P.O. Box 72020
Fairbanks, Ak. 99707
POSITION STATEMENT: Gave briefing on Board activities.
Floyd Damron
Water and Wastewater Advisory Board
2550 Denali St. 8th Floor
Anchorage, Ak. 99503
POSITION STATEMENT: Commented on Board activities.
Richard Helinski, Chairman
Water and Wastewater Advisory Board
P.O. Box 190703
Anchorage, Ak. 99519
POSITION STATEMENT: Commented on Board activities.
ACTION NARRATIVE
TAPE 94-17, SIDE A
Number 001
CHAIRMAN MILLER called the Resources Committee meeting to order at
3:37 p.m. and announced SB 295 (GRANTS/LOANS FOR STORAGE TANK
OWNERS) to be up for consideration.
JOHN BARNETT, Executive Director, Board of Storage Tank Assistance,
said they work with DEC to administer the Storage Tank Assistance
Fund.
He said that SB 295 clarifies some problems they have found. One
of them is the appeal authority of the Board being limited to
dealing with appeals for eligible costs and appeals for priority
ranking positions on the funding applications. There are over 150
people who have been determined ineligible by the Department. The
first section of SB 295 clarifies this authority for the Board.
The second section extends the application period for the financial
assistance for underground storage tank systems. MR. BARNETT
explained that they have two active financial assistance programs;
a closure and upgrade program; and a cleanup assistance program.
He said they would like to allow all of the closure upgrade
applicants to remain eligible for cleanup should they find
contamination if they have applied by the July 1 deadline.
Number 108
SENATOR ZHAROFF said the primary focus has been on underground
tanks and asked what was being done for above ground tanks. MR.
BARNETT said the Governor has a new Commission, The Rural Bulk Fuel
Task Force, to address some of the rural above ground tank needs.
Neither DEC nor his program are empowered to undertake any
activities for above ground storage tanks.
SENATOR ZHAROFF asked if there were any funds for this program.
MR. BARNETT replied that they didn't have a revenue source at this
time. The Governor has a proposal to dedicate 1 cent per gallon of
his proposed motor fuel tax increase to the program. These funds
would be sufficient to satisfy their needs, but not the above
ground program.
He said there are federal mandates that came down on the
underground storage tank program which have been the driving force
behind the fund.
SENATOR MILLER asked if there was a cutoff date for the people who
are on the list beyond that date. MR. BARNETT said the only
deadline in statute is the cleanup application deadline of July 1,
1994. There is no deadline for the closure upgrade applicants.
Any contamination found after July 1, 1994 by those upgrade closure
applicants would have about 2 years to discover that contamination,
but then they would have to demonstrate that that contamination
occurred before December 22, 1993. That is when both the state and
federal level required leak protection equipment.
SENATOR LEMAN moved to pass SB 295 from Committee with individual
recommendations. There were no objections and it was so ordered.
Number 200
SENATOR MILLER announced HB 232 (BOW HUNTING STAMP & BOW HUNTING
SAFETY) to be up for consideration.
PATTI SWENSON, Aide to Representative Con Bunde, explained that the
only change in the CS to HB 232 is that it restricts the area for
use of the bow hunting tag to bow hunting area only or during a bow
hunting only season. She said that changed the fiscal note as
well.
MS. SWENSON noted the effective date has also been changed.
Number 230
SENATOR LEMAN moved to adopt the CS to HB 232 (Resources) Utermohle
version, for discussion purposes. There were no objections and it
was so ordered.
SENATOR MILLER said they would bring this up at a later time and
said they would have a briefing by the Region X Director, Chuck
Findley.
MR. FINDLEY gave an overview of the status of the Clean Water Act.
He said there was a lot more action on the Senate side right now.
SB 1114 was reported out of the Public Works Committee at the end
of February and floor debate will happen sometime between April and
June. Some of the significant issues discussed will probably be
water rights, property rights, and unfunded mandates.
The states are not to enthused about SB 1114, because a lot of the
provisions go too far in the direction of federal control, MR.
FINDLEY said. The watershed section, in particular, is too
prescriptive and the non-point source program is more in the
direction of an enforcement program which states aren't comfortable
with.
On the House side, he said, a bill is coming out that has to do
with wetlands and property rights.
Number 252
On the Safe Drinking Water Act side there is the Slattery bill that
has a lot of support from both the industry and state sectors. It
would change the current standards and would also give them a lot
more flexibility in testing requirements for communities in terms
of the kinds of contaminants.
MR. FINDLEY said overall the Safe Drinking Water Act has a lot of
momentum in Congress. It could get passed before the Clean Water
Act.
The non point source program will be much tougher and the watershed
planning section would be brand new. He said the Clean Water Act
has a more aggressive program for supporting Indian's efforts, for
instance more money for construction of waste water treatment
systems and for control of non point source problems on tribal
lands.
SENATOR FRANK asked for examples of non point source pollution in
Alaska. MR. FINDLEY replied that forestry operations would be a
classic example.
He mentioned some of the common features in all the Safe Drinking
Water bills is the state revolving fund for construction of waste
water treatment systems. This is a loan fund which states run to
make loans to communities to build treatment systems.
SENATOR FRANK commented that saying everyone has to filter their
water is kind of a sledge hammer approach. He said the current law
says you have to have filtration systems in place, but then it
provides 11 different criteria.
Another common issue which is likely to be in most Safe Drinking
Water bills is a user fee to support state programs, MR. FINDLEY
said.
SENATOR MILLER thanked Mr. Findley for his briefing and announced
a briefing by the Water and Wastewater Works Advisory Board.
JOHN HARGESHEIMER, RICHARD HELINSKI, Chairman, and FLOYD DAMRON of
the Water and Wastewater Advisory Board joined the committee. MR.
HARGESHEIMER said the Board advises the Department of Environmental
Conservation on facility construction and operation. They are
primarily concerned with operator certification and training
issues.
Number 470
SENATOR FRANK asked if they have any input into the congressional
process. MR. HARGESHEIMER said there is some discussion between
the Board and staff in DEC. In addition, most of them in the field
are members of professional organizations that take national
positions on federal legislation. There are several people that
are active on that. Also, on a personal basis there are a number
of people in the industry that actively participate in trying to
influence legislation. He thought the affect of the national
professional organizations was significant. They put together
opinions for federal legislation. Each of those organizations has
a state corresponding chapters. All of them are members of at
least one of them so conceivably they could call him and he could
go through the professional organization.
MR. HELINSKI mentioned that the President elect of the Water
Environmental Federation is from Fairbanks.
SENATOR LEMAN asked for his reaction to the Department's position
on water quality standards. MR. HARGESHEIMER said if we as a
society want no risk you have to go to a big number and it costs a
lot of money. 10 to the minus 5th will cost less than 10 to the
minus 6th. The DEC followed the appropriate direction given to
them by the administration since they really didn't have the money
to go to the 10 to the minus 6th or 7th.
Number 541
MR. DAMRON said they just congratulated the Commissioner on his
stand.
SENATOR ZHAROFF asked what coordination they have with other
states.
MR. HELINSKI said he makes contact with the other advisory board
members. He, personally, has contacts from going to college in
Washington.
TAPE 94-17, SIDE B
Number 588
SENATOR MILLER adjourned the meeting at 4:25 p.m.
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