Legislature(1999 - 2000)

04/07/1999 03:15 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
              SENATE RESOURCES COMMITTEE                                                                                        
                    April 7, 1999                                                                                               
                      3:15 P.M.                                                                                                 
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Rick Halford, Chairman                                                                                                  
Senator Robin Taylor, Vice Chairman                                                                                             
Senator Pete Kelly                                                                                                              
Senator Jerry Mackie                                                                                                            
Senator Lyda Green                                                                                                              
Senator Georgianna Lincoln                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Senator Sean Parnell                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
SENATE BILL NO. 128                                                                                                             
"An Act relating to the storage tank assistance fund; eliminating                                                               
the grant portion of a program relating to risk assessment,                                                                     
containment, corrective action, and cleanup of underground                                                                      
petroleum storage tank systems and replacing the grant portion with                                                             
a loan program; relating to discharges from underground petroleum                                                               
storage tank systems; and providing for an effective date."                                                                     
                                                                                                                                
     -MOVED CSSB 128(RES) OUT OF COMMITTEE                                                                                      
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                                
                                                                                                                                
SB 128 - No previous action to record.                                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
Senator Dave Donley                                                                                                             
State Capitol Bldg.                                                                                                             
Juneau, AK 99811-1182                                                                                                           
POSITION STATEMENT: Commented on SB 128.                                                                                        
                                                                                                                                
Ms. Juli Lucky, Staff                                                                                                           
Senator Halford                                                                                                                 
State Capitol Bldg.                                                                                                             
Juneau, AK 99811-1182                                                                                                           
POSITION STATEMENT: Commented on SB 128.                                                                                        
                                                                                                                                
Mr. John Barnett, Executive Director                                                                                            
Board of Storage Tank Assistance                                                                                                
P.O. Box 240651                                                                                                                 
Douglas, AK 99824                                                                                                               
POSITION STATEMENT: Opposed SB 128.                                                                                             
                                                                                                                                
Mr. Jim Hayden, Program Manager                                                                                                 
Storage Tank Program                                                                                                            
Department of Commerce and Economic Development                                                                                 
410 Willoughby Ave., Ste. 105                                                                                                   
Juneau, AK 99811-1795                                                                                                           
POSITION STATEMENT: Opposed SB 128.                                                                                             
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-21, SIDE A                                                                                                              
Number 001                                                                                                                      
                                                                                                                                
              SB 128-STORAGE TANK ASSISTANCE FUND                                                                               
                                                                                                                                
CHAIRMAN HALFORD called the Senate Resources Committee meeting to                                                               
order at 3:15 p.m. and announced SB 128 to be up for consideration.                                                             
                                                                                                                                
SENATOR DONLEY said SB 128 is part of the overall financial package                                                             
to utilize state money more efficiently.  We are the only state in                                                              
the union that has a grant program for storage tank facilities.                                                                 
The other states have loan programs.  Our existing program utilizes                                                             
money from the "470 fund" and the statutes don't allow us to use                                                                
that money for public storage tanks.                                                                                            
                                                                                                                                
SB 128 does two things; since the program  would otherwise go away                                                              
because of lack of funding, it turns it into a loan program and                                                                 
allows the Legislature to utilize money from the "470 fund" for                                                                 
doing necessary projects on government storage tanks.                                                                           
                                                                                                                                
SENATOR DONLEY said he also supported the proposed committee                                                                    
substitute.                                                                                                                     
                                                                                                                                
Number 66                                                                                                                       
                                                                                                                                
MS. JULI LUCKY, Staff for Senator Halford, said the basic intent of                                                             
the bill is to create a loan program out of what used to be the                                                                 
Cleanup and Upgrade and Closure grants.  She noted there was a                                                                  
sectional analysis in the packets and explained the spreadsheets                                                                
are a breakdown of the FY99 proposed projects.                                                                                  
                                                                                                                                
SENATOR LINCOLN asked if there were commitments for future funding.                                                             
                                                                                                                                
CHAIRMAN HALFORD said there were commitments for these programs                                                                 
that go out for the foreseeable future of funding of the State of                                                               
Alaska, one is $24 million.                                                                                                     
                                                                                                                                
MS. LUCKY explained that there are basically four programs: the                                                                 
first one is the Tank Tightness, Testing, and Site Assessment                                                                   
Incentive Program and hasn't been funded since FY92.  The Tank                                                                  
Cleanup Grant and Loan Program and the Tank Upgrade and Closure                                                                 
Grant Programs, which are active, are the ones addressed in SB 128                                                              
by converting them to loan programs.  The first program is                                                                      
repealed.                                                                                                                       
                                                                                                                                
CHAIRMAN HALFORD said the intent is to repeal the Reimbursement                                                                 
Program, as well, but that's in a session law, not in permanent                                                                 
law.  It also doesn't have funding.                                                                                             
                                                                                                                                
MS. LUCKY responded that it's not an active program and hasn't been                                                             
funded basically because the other programs took precedence.                                                                    
                                                                                                                                
MR. BARNETT, Executive Director, Board of Storage Tank Assistance,                                                              
said that Mr. Jim Hayden, DEC, actually administers the program,                                                                
but the Board acts as an appeal board and mediates disputes between                                                             
the tank owners and DEC.  They also review and adopt regulations                                                                
that DEC proposes.                                                                                                              
                                                                                                                                
MR. BARNETT explained that this whole program is driven by the 1988                                                             
Underground Storage Tank Act established by the EPA.  It required                                                               
all the motor fuel tanks in the U.S. to upgrade by December 22,                                                                 
1998.  Those two conditions created this program.  The cost to                                                                  
clean up these tanks in order to obtain insurance was found to be                                                               
excessive and a lot of smaller businesses could not afford to it.                                                               
                                                                                                                                
The Legislature in 1989 and 1990 decided to develop a four phase                                                                
program.  The first one was the Site Assessment and Tank Tightness                                                              
Program which was to determine the extent of the problem.  This                                                                 
program is complete and puts into place a list of applicants all of                                                             
them were funded to a fairly small level.  The second phase was the                                                             
Upgrade and Closure Program providing a portion of the funds to                                                                 
upgrade tanks up to $60,000 per facility with a maximum of 60                                                                   
percent of the cost of the upgrade.  The upgrades for a typical                                                                 
four tank facility was $150,000 - $200,000.  The $60,000 worked out                                                             
to about $45,000 for upgrade and about $15,000 toward the closure                                                               
of old tanks.  The $45,000 was about 20 percent of the cost to                                                                  
actually upgrade the tanks.  The tank owners, then, went to the                                                                 
Small Business Administration or the bank and obtained financing                                                                
for the balance of the upgrade.  So the upgrade portion is sort of                                                              
a down payment incentive program for getting the upgrades complete.                                                             
                                                                                                                                
CHAIRMAN HALFORD asked if the $60,000 was per business site or per                                                              
owner.                                                                                                                          
                                                                                                                                
MR. BARNETT answered that it was per facility.                                                                                  
                                                                                                                                
CHAIRMAN HALFORD asked if Mapco and Tesoro could have 10 facilities                                                             
at $60,000 each.                                                                                                                
                                                                                                                                
MR. BARNETT answered yes.                                                                                                       
                                                                                                                                
SENATOR KELLY asked why some people on the list have received                                                                   
hundreds of thousands of dollars for the same place.                                                                            
                                                                                                                                
MR. BARNETT answered those funds probably came from the clean up                                                                
program which is the third aspect of the financial assistance                                                                   
program.  Alaska has a higher ground water table than places in the                                                             
lower 48, so contamination was much more extensive and expensive.                                                               
Banks would not provide the financing to clean up the sites and                                                                 
there were no other funds available to do the job.                                                                              
                                                                                                                                
Previously, when a tank owner could not clean up the site, EPA and                                                              
DEC enforcement people would step in and clean up the site using                                                                
the old 470 fund and hand the bill to the tank owner.  If he                                                                    
couldn't afford to pay, he would have to declare bankruptcy,                                                                    
getting the state into a major legal battle.  The conclusion was                                                                
instead of the State becoming a bank to provide loans, they felt                                                                
the default rate would be high as the cost of the loans would be                                                                
too high of a financial burden in order for the businesses to stay                                                              
in business.  At this point, it was determined that there would be                                                              
a grant program with a portion of it being a loan up to $25,000.                                                                
The balance would be covered by the State up to $1 million per                                                                  
facility.                                                                                                                       
                                                                                                                                
The fourth program is the reimbursement program which is in the                                                                 
Session Law.  These were for the people that upgraded their tanks                                                               
between the EPA law going into effect on December 22, 1988 and the                                                              
State law going into effect on September 5, 1990.  These are the                                                                
people who acted first.  The conditions to get money out of that                                                                
was that everyone else would be taken care of first and if there                                                                
was still money, they would get paid.                                                                                           
                                                                                                                                
CHAIRMAN HALFORD asked how much money it would take to get to them                                                              
under the existing program.                                                                                                     
                                                                                                                                
MR. BARNETT said it would go to $24 million before they could even                                                              
touch the reimbursement program.                                                                                                
                                                                                                                                
He explained that a ranking system was established by the                                                                       
Legislature at the time that emphasized public health threats and                                                               
the smaller businesses.  This ranking system pushed the larger                                                                  
companies toward the bottom of the list.  Most of the smaller and                                                               
rural businesses have been taken care of.                                                                                       
                                                                                                                                
The cleanup program still has an extensive list.  They focused on                                                               
the upgrade and closure because of the 1998 deadline.  EPA was                                                                  
threatening a $10,000 per day per tank fine for noncompliance with                                                              
the upgrade requirements.  There is one more year for the upgrade                                                               
program to finish it; then they would work their way down the                                                                   
cleanup list.  The application period closed in 1994.                                                                           
                                                                                                                                
The cleanup program sites are ranked with the highest threats to                                                                
public health at the top.  The next criteria would be their                                                                     
location and size of business.  To change the program now, like SB
128 does, although they applaud the Legislature on looking for ways                                                             
to save money, the Board feels would be detrimental to the small                                                                
businesses left on the list and probably be more costly to the                                                                  
State in the long run.  Many tank owners will not have sufficient                                                               
collateral to be able to obtain a loan of this size for the                                                                     
cleanup.  Those that might have sufficient collateral may also be                                                               
mortgaged to the hilt because they have just finished financing                                                                 
their upgrade tanks and are carrying a loan for $140,000 - $150,000                                                             
to the banks for their new tanks.  They would not be able to afford                                                             
another loan on top of that for the cleanup.  If they can afford to                                                             
get the loan, should they default, the State would assume the                                                                   
liability on those site, have to clean them up, and then seek cost                                                              
recovery from the owner.                                                                                                        
                                                                                                                                
MR. BARNETT explained that the large companies on the bottom of the                                                             
upgrade and closure list will not go for a loan.  Most of their                                                                 
work is already complete.  They are on the list because it was                                                                  
originally required that everyone had to register their tanks.  And                                                             
the argument was, if I have to register my tanks, I should be                                                                   
eligible for financial assistance.  They are on the list because                                                                
they have paid registration fees to the State for 10 years.                                                                     
                                                                                                                                
Number 354                                                                                                                      
                                                                                                                                
CHAIRMAN HALFORD asked what the registration fee is.                                                                            
                                                                                                                                
MR. BARNETT answered that it begins at $500 per tank, per facility.                                                             
It declines depending on the level of upgrade completed.  The                                                                   
larger facilities have dropped down to about $50 per tank.  He said                                                             
there are smaller businesses who are awaiting upgrade funds that                                                                
are paying the higher registration fee while waiting for funds to                                                               
upgrade.                                                                                                                        
                                                                                                                                
CHAIRMAN HALFORD asked how much they were proposing to spend in the                                                             
upcoming year.                                                                                                                  
                                                                                                                                
MR. BARNETT answered $1 million for cleanups and $4 million for                                                                 
closure and upgrade.  The emphasis is to finish the upgrade and                                                                 
closure program and focusing on the cleanup program.  He explained                                                              
that originally there was a real low reporting requirement because                                                              
of possible large EPA fines.  The Board held out a carrot and said                                                              
if you report your contamination, you would be given a grant.                                                                   
Their concern now is that some of the smaller companies at the                                                                  
bottom of the list are being punished for being there by having to                                                              
pay back their loans as previous ones did not and they acted in                                                                 
good faith to report.                                                                                                           
                                                                                                                                
CHAIRMAN HALFORD asked DEC if they have a list that is in approval                                                              
order.                                                                                                                          
                                                                                                                                
Someone from DEC responded that they did.                                                                                       
                                                                                                                                
MR. BARNETT noted that the larger companies had been moved to the                                                               
bottom of the list.  Initial estimates for these programs have been                                                             
significantly reduced by developing more efficient ways of cleaning                                                             
up and creative ways to finance the rest of the cleanup could be                                                                
looked at, but the Board didn't think a loan program would work for                                                             
the small businesses.                                                                                                           
                                                                                                                                
CHAIRMAN HALFORD asked how much had been disbursed in total.                                                                    
                                                                                                                                
MR. BARNETT answered $22 million.                                                                                               
                                                                                                                                
SENATOR LINCOLN noted there were a lot of Seven Eleven's on the                                                                 
list and asked why.                                                                                                             
                                                                                                                                
MR. BARNETT said at the time of the owner's application, they were                                                              
in a bankruptcy state and they are now owned by Tesoro.                                                                         
                                                                                                                                
MR. BARNETT reiterated that their ranking system has worked putting                                                             
big companies at the bottom of the list.  They were determined to                                                               
be eligible and this is the last year of funding for the upgrade                                                                
program.  They can't be ranked any lower.                                                                                       
                                                                                                                                
Number 444                                                                                                                      
                                                                                                                                
SENATOR LINCOLN said that $2.2 million was for the applicants who                                                               
ranked the very lowest which would be the larger businesses which                                                               
may not have had public health concerns. $2.2 million would not be                                                              
a great impact to these individuals if it went from a loan to a                                                                 
grant.                                                                                                                          
                                                                                                                                
MR. BARNETT said he didn't disagree.                                                                                            
                                                                                                                                
SENATOR TAYLOR asked why West Side Service on page 3 was just now                                                               
getting its funding when its installation had been completed for                                                                
some time.                                                                                                                      
                                                                                                                                
MR. BARNETT explained the way the ranking system works, if work has                                                             
already been completed to a certain extent, in many cases they were                                                             
dropped down on the list.  The Board was trying to get to the                                                                   
people who had yet to upgrade in order to protect public health.                                                                
They have been waiting for money for quite some time.                                                                           
                                                                                                                                
SENATOR TAYLOR asked if they went ahead and spent the money relying                                                             
upon that money coming through in this fashion.                                                                                 
                                                                                                                                
MR. BARNETT said that was correct.                                                                                              
                                                                                                                                
SENATOR TAYLOR noted that West Side Services had received $14,000                                                               
and Mr. Barnett has projected for 1999 they would receive the                                                                   
remainder of $44,331.                                                                                                           
                                                                                                                                
MR. BARNETT said that was correct.                                                                                              
                                                                                                                                
SENATOR TAYLOR pointed out that this legislation does not impact                                                                
them, because it doesn't take effect until July 1.                                                                              
                                                                                                                                
MR. BARNETT said that was correct if they were in the reimbursement                                                             
mode, but if they had yet to do the work...                                                                                     
                                                                                                                                
SENATOR LINCOLN said she was confused with what Senator Taylor is                                                               
saying because it means the whole $11 million is committed, because                                                             
it's all FY99.                                                                                                                  
                                                                                                                                
Number 500                                                                                                                      
                                                                                                                                
SENATOR LINCOLN asked if $4.2 million was committed for FY99                                                                    
because it was last year's appropriation.                                                                                       
                                                                                                                                
CHAIRMAN HALFORD said let's see where next year's money goes.                                                                   
                                                                                                                                
MR. BARNETT said there is a cleanup list, but the Board doesn't                                                                 
just give a loan or grant and "it" gets done.  It usually takes                                                                 
four to five years to complete a cleanup, so a business receives                                                                
multiple grants.  Work gets done; they wait a year; they test it                                                                
again; they get results; they do the next phase of work. That way                                                               
they don't overspend on a site, a very cost effective way to do                                                                 
something and a lot of sites can be helped at once.                                                                             
                                                                                                                                
Some businesses have been on the continuing project list for quite                                                              
a while because of the extent of the contamination.  This was a                                                                 
concern with a loan program, because you would have to do phased                                                                
loans.  The grant program was determined to be the simplest and                                                                 
most cost effective way to do it in the long run.  He said that                                                                 
businesses do not have to be reranked for FY00.                                                                                 
                                                                                                                                
CHAIRMAN HALFORD asked what the $39,000 to Chugiak Texaco was for.                                                              
                                                                                                                                
MR. JIM HAYDEN, Storage Tanks Program Manager, explained that it                                                                
was on the ranked list of the cleanup applications that had not                                                                 
been funded to date.  Because of the 1998 deadline, this list was                                                               
suspended to make sure all the upgrades and closures were funded.                                                               
                                                                                                                                
CHAIRMAN HALFORD asked what was more important to the State,                                                                    
cleanup or new tanks and closures.                                                                                              
                                                                                                                                
MR. HAYDEN replied at this point, because of the deadline, the                                                                  
decision was made to put the money into the upgrade and closures                                                                
and try to meet that deadline and prevent leaks from occurring.                                                                 
                                                                                                                                
CHAIRMAN HALFORD asked if that decision was discussed with the                                                                  
legislature in the funding process.                                                                                             
                                                                                                                                
MR. HAYDEN answered that they testified a number of times regarding                                                             
the 98 deadline.                                                                                                                
                                                                                                                                
SENATOR HALFORD said they have already shut down the cleanup                                                                    
program for one year.                                                                                                           
                                                                                                                                
MR. HAYDEN said that was partially true for the new cleanup                                                                     
applications, but they have a very highly ranked list of cleanups                                                               
that have been ongoing for the last few  years.  Generally, they                                                                
are the ones that cause drinking water or water supply                                                                          
contamination.                                                                                                                  
                                                                                                                                
TAPE 99-21, SIDE B                                                                                                              
Number 590                                                                                                                      
                                                                                                                                
CHAIRMAN HALFORD asked about number three.                                                                                      
                                                                                                                                
MR. HAYDEN said it's planned to reopen about the top ten sites in                                                               
FY00.  That particular site would be eligible for funding next                                                                  
year.  He didn't know the specifics of that site other than it                                                                  
ranked very highly.  He explained that when the tanks were tested                                                               
and either upgraded or closed, some contamination was found in the                                                              
ground.  There's probably a low water table, so the water table in                                                              
the area has been impacted and there's probably a stockpile of soil                                                             
that they need to get rid of.                                                                                                   
                                                                                                                                
CHAIRMAN HALFORD said that site was a service station that's been                                                               
closed for at least a decade.  The guy who owned it has since died,                                                             
and he didn't know the status of the property. If there had been                                                                
any danger to the public, some time in the last decade, it would                                                                
have occurred.  Number 7, Fire Lake Flying Club,  is about a half                                                               
mile from his house.  It sits on the Old Glenn Highway and is one                                                               
500 or 1,000 gallon tank along the side of the road.  It was from                                                               
a group of people who got together and sold each other gas - hardly                                                             
the most needy of the community.  He didn't know how they could                                                                 
possibly spend $181,000 unless you're going to fix the whole Fire                                                               
Lake dam.                                                                                                                       
                                                                                                                                
MR. HAYDEN responded that these are estimates that were provided                                                                
with the application, but the Board hadn't done ground proofing on                                                              
them.  Often, when the Board sends a letter to the applicant saying                                                             
they are eligible for funding; then they have to review the                                                                     
application.  The amount may very well be different than the one on                                                             
the application.                                                                                                                
                                                                                                                                
MR. BARNETT added that the percentage of money they provide tank                                                                
owners does not cover the full cost of the facilities.                                                                          
                                                                                                                                
MR. HAYDEN explained that this is why they phase the grant program.                                                             
They don't give a business $120,000 and say go at it and give us                                                                
your receipts.  The owners have to submit a work plan to the                                                                    
Department; they do the first phase of that work; report the                                                                    
results back and then the work plan is reviewed and changed.  A lot                                                             
of times the $100,000 cleanups are only $20,000 cleanups.                                                                       
Sometimes it works the other way, too.                                                                                          
                                                                                                                                
SENATOR LINCOLN asked since some of the applicants are from 1991,                                                               
those numbers could increase, as well.                                                                                          
                                                                                                                                
MR. BARNETT agreed that it could go in the other direction, but                                                                 
they have found that most costs have been less than originally                                                                  
asked for.  The cost goes up for a few because of the ground water                                                              
contamination.                                                                                                                  
                                                                                                                                
SENATOR LINCOLN asked why applications are dated 1995, 1996, etc.                                                               
if they are accepting no new applications since 1994.                                                                           
                                                                                                                                
MR. BARNETT replied that those who were already on the closure and                                                              
upgrade list prior to 1994 were given two more years to determine                                                               
if they had any contamination.  They could squeak an application in                                                             
until July 1, 1996.                                                                                                             
                                                                                                                                
CHAIRMAN HALFORD asked how far down he thought they could get on                                                                
the six page list.                                                                                                              
                                                                                                                                
MR. BARNETT responded that the plan for this next year's funding                                                                
cycle is to fund only the continuing projects.                                                                                  
                                                                                                                                
MR. HAYDEN said recent information indicates there were withdrawals                                                             
from the Upgrade and Closure Program which will allow, for the                                                                  
first time in two years, some new cleanup sites.  It's likely they                                                              
would get to the first 10 or so after reviewing the work plans.                                                                 
                                                                                                                                
SENATOR TAYLOR asked if the people in FY99 would get their money.                                                               
                                                                                                                                
MR. BARNETT said they have yet to start their work.  They are                                                                   
waiting for the season to begin.  The process is that the money                                                                 
becomes available to many of the applicants mid-season or at the                                                                
beginning of the fiscal year which is too late in the season to                                                                 
line up contractors to do their work.  A lot of times the work will                                                             
actually take place the following spring.                                                                                       
                                                                                                                                
MR. HAYDEN added that some people have a combined closure upgrade                                                               
program where the tanks were closed three or four years ago with a                                                              
closure grant, but now they are waiting for their upgrade grant.                                                                
                                                                                                                                
SENATOR PETE KELLY said he is concerned about a lot of people on                                                                
this list, because in Fairbanks there's a huge storage tank                                                                     
facility.  In that same area is the headquarters of the Alaska Gold                                                             
Company and Golden Valley Electric where they used to have their                                                                
generator.  The municipality also used to spray the gravel roads                                                                
there with excess oil.  Out on the edge is "old Bud Kelly" who had                                                              
a little tank and used to sell gas.  Then it's found there's                                                                    
petroleum products in the soil and he's got to pay, and pay the                                                                 
full cost of cleanup on his site. But it's possible that he didn't                                                              
contribute one molecule of particulates to that site.  He thought                                                               
there were more people like that on the list, particularly where                                                                
everyone is bunched up.  This was a bad idea, he said.                                                                          
                                                                                                                                
CHAIRMAN HALFORD said there were tens of thousands of residential                                                               
people who had quit using underground fuel tanks that were just                                                                 
waiting to leak.                                                                                                                
                                                                                                                                
SENATOR PETE KELLY said in Fairbanks the Department of Public                                                                   
Health hasn't said there's a higher level of cancer and something                                                               
has to be done.  This issue is driven by a bunch of Greenies who                                                                
hate industry and unfortunately the easy ones to get are the small                                                              
businesses.  He thought it was bad public policy to give people                                                                 
money.                                                                                                                          
                                                                                                                                
SENATOR GREEN asked what happened in other states that don't have                                                               
a grant program.                                                                                                                
                                                                                                                                
MR. BARNETT answered that there are reimbursement programs in some                                                              
states which are predominantly loan programs.  The cleanup costs in                                                             
the lower 48 were considerably lower and more manageable loans                                                                  
could be obtained.  The ground water table was typically much                                                                   
deeper.  This fact alone is what really drives the cost up.                                                                     
Minnesota's loan program is financed by their lottery system;                                                                   
others are funded by a motor fuel tax.  There are some forgiveness                                                              
programs on the loans after a certain point and certain costs are                                                               
reimbursable.  Our intention up here was to keep as many of these                                                               
people as possible in business.                                                                                                 
                                                                                                                                
CHAIRMAN HALFORD said he needed Mr. Barnett to find a way to make                                                               
a transition to a loan program.  The list is full of things that                                                                
are unnecessary expenditures of state money to profit-making                                                                    
companies, some of whom make more by polluting more.  Some are                                                                  
totally innocent of that and it's not fair to put this in their                                                                 
laps.                                                                                                                           
                                                                                                                                
MR. BARNETT said they are funded through the 470 fund and that                                                                  
state tanks are eligible to receive those funds, also.  The Board                                                               
wants to wrap up the upgrade/closure program and look at long term                                                              
funding and financing techniques for the cleanup program.  There                                                                
may be some ways to do creative grants and loans.                                                                               
                                                                                                                                
CHAIRMAN HALFORD said he thought the upgrade, at least for one                                                                  
person he knew, was the financial responsibility of the person who                                                              
was going to profit from it.                                                                                                    
                                                                                                                                
Number 338                                                                                                                      
                                                                                                                                
SENATOR TAYLOR said he didn't see how they could solve the problem.                                                             
The federal law was wrong.  By the time the law was implemented, it                                                             
closed 40 percent of the service stations in the United States.                                                                 
                                                                                                                                
CHAIRMAN HALFORD said he thought one of the criteria in the                                                                     
original law was the individual's ability to pay.                                                                               
                                                                                                                                
MR. BARNETT responded that's what their problem was.  There was no                                                              
financial need base within the original set of statutes causing                                                                 
constitutionality questions.  It was determined if everyone paid                                                                
their registration fee, they would all be eligible.  The federal                                                                
requirements are driving the program.                                                                                           
                                                                                                                                
SENATOR KELLY asked if an area comes up clean, why wouldn't they                                                                
sign a Notice Of No Further Action.                                                                                             
                                                                                                                                
MR. BARNETT answered the only time there might not be a No Further                                                              
Action letter would be if there was some question about the results                                                             
of the testing.                                                                                                                 
                                                                                                                                
Number 245                                                                                                                      
                                                                                                                                
MR. HAYDEN informed the committee that there is a pot of money                                                                  
called the "Federal Lust Trust" which comes from the surcharge that                                                             
every citizen pays at the motor fuel pump.  It's now at $1.2                                                                    
billion.  It's not being used; small pieces of it are trickled out                                                              
to certain programs.  We get a federal grant from that fund, but                                                                
it's been the policy of the EPA to limit it to pay for staff to                                                                 
oversee the cleanups in the state.  It doesn't go for actual                                                                    
cleanups.                                                                                                                       
                                                                                                                                
CHAIRMAN HALFORD asked how long their list was for the public                                                                   
tanks.                                                                                                                          
                                                                                                                                
MR. HAYDEN answered that they are all on the same list and had to                                                               
meet the application deadline.  Anchorage and Fairbanks seemed to                                                               
submit the most applications.                                                                                                   
                                                                                                                                
CHAIRMAN HALFORD asked why the public tanks ranked lower than the                                                               
private large private profit making corporation tanks.                                                                          
                                                                                                                                
MR. BARNETT replied that it could have been the degree of                                                                       
contamination.                                                                                                                  
                                                                                                                                
CHAIRMAN HALFORD commented that a criteria was the bigger the mess,                                                             
they higher you rank.                                                                                                           
                                                                                                                                
MR. BARNETT responded that is a clause within the statute itself.                                                               
The Board was given the authority to rank sites, but instead of                                                                 
giving them the authority to rank them with their own criteria,                                                                 
they were limited to half of the list had to be public health                                                                   
based.                                                                                                                          
                                                                                                                                
MR. HAYDEN added that most of the municipal tanks are diesel which                                                              
is not as hazardous as gasoline tanks, because the components in                                                                
gasoline dissolve in water which causes more of a problem.                                                                      
                                                                                                                                
The characteristics of diesel are that they do not dissolve in                                                                  
water and are immobile in the ground.  They basically stay put,                                                                 
whereas gasoline evaporates, but it also dissolves and is carried                                                               
by rain water.  It can dissolve up to a thousand parts per million                                                              
in the water.  It's very easy to distinguish a water supply that's                                                              
been contaminated with gasoline.  It's very sweet smelling and                                                                  
tasting.                                                                                                                        
                                                                                                                                
MS. ANNETTE KREITZER, Staff to Senator Leman, explained his                                                                     
proposed amendment which accelerates the termination date of the                                                                
Storage Tank Assistance Board by one year.  They would still have                                                               
their wind down year through 2000.  The last legislative audit                                                                  
recommended extending the Board through June 30, 2000.  There will                                                              
be another audit of the Board in the summer of 1999, so the                                                                     
Legislature will still have the opportunity to make a policy call,                                                              
if they chose to extend it longer.                                                                                              
                                                                                                                                
SENATOR GREEN moved to adopt the CS to SB 168.  There were no2                                                                  
objections and it was so ordered.                                                                                               
                                                                                                                                
SENATOR TAYLOR moved the "sunset amendment".  SENATOR GREEN                                                                     
objected for clarification.                                                                                                     
                                                                                                                                
CHAIRMAN HALFORD explained that the current sunset is the year                                                                  
2000, but there is always a year after that of wind down.  Senator                                                              
Leman is recommending June 30, 1999 which leaves the one-year wind                                                              
down.  CHAIRMAN HALFORD assumed that he understood the                                                                          
prioritization of the Board was essential for the grant programs,                                                               
but not for the loan programs.                                                                                                  
                                                                                                                                
SENATOR GREEN withdrew her objection.                                                                                           
                                                                                                                                
CHAIRMAN HALFORD announced that the amendment was adopted.                                                                      
                                                                                                                                
Number 97                                                                                                                       
                                                                                                                                
SENATOR GREEN moved to repeal the fourth category, to pay back                                                                  
grants that have never been funded or the retroactive reimbursement                                                             
program.  There were no objections and it was so adopted.                                                                       
                                                                                                                                
CHAIRMAN HALFORD said another concern was the interest rate of the                                                              
loans that replace the grants.  He thought it should be a                                                                       
preferential  one.  Current federal discount is four and a half and                                                             
he thought it was good to put it at a half percentage point above                                                               
that.  So these would be five percent loans which would still                                                                   
represent a subsidy.  At least, it is some incentive to pay back                                                                
instead of letting the interest rate grow.                                                                                      
                                                                                                                                
MR. BARNETT responded that the only people who can afford these                                                                 
loans are the ones the committee is most concerned about like                                                                   
Tesoro and Chevron.  Others already have their places mortgaged to                                                              
cover their upgrade loans and he thought the state would end up                                                                 
cleaning their sites, anyway, through the response fund.  A fellow                                                              
in Delta Junction contacted him saying he was already mortgaged to                                                              
the hilt and there was no way he could finish his cleanup.  He                                                                  
would basically put a "For Sale" sign out and walk.                                                                             
                                                                                                                                
CHAIRMAN HALFORD said Mr. Barnett had the rest of this year with                                                                
state funding for grants.  The timing of when this occurs will ride                                                             
with the effective date of the legislation and what the Finance                                                                 
Committee does in terms of money.                                                                                               
                                                                                                                                
SENATOR GREEN asked what happens if you're the owner of the                                                                     
property and can't afford a loan.                                                                                               
                                                                                                                                
MR. BARNETT answered if you are on the list and have a $100,000                                                                 
cleanup and are offered a loan through the program and you                                                                      
determine you don't want the loan, you can sit there.  The next                                                                 
thing that will happen is that the State will come in and file a                                                                
Notice of Violation that you haven't cleaned up your site.  You                                                                 
would receive more Notices of Violation; it would be turned over to                                                             
the Attorney General's Office or the EPA for enforcement.  They                                                                 
would step in and direct the owner to clean up the site. If he                                                                  
didn't, the State would do the clean up.                                                                                        
                                                                                                                                
TAPE 99-22, SIDE A                                                                                                              
Number 001                                                                                                                      
                                                                                                                                
They would present the bill to the owner and the owner would                                                                    
probably leave the state.                                                                                                       
                                                                                                                                
CHAIRMAN HALFORD remarked that all this based on a risk that was                                                                
assessed so low by DEC that it didn't need to get any help for a                                                                
decade.  He said it seemed like they could do something else with                                                               
the enforcement before it gets that far.                                                                                        
                                                                                                                                
SENATOR TAYLOR said if we don't do it to them, the feds would.                                                                  
                                                                                                                                
MR. BARNETT said this program was started because the feds were                                                                 
being highly unreasonable and using a big stick approach.  It was                                                               
felt the state had to intervene with its own program and people.                                                                
We don't see the headlines of 10 years ago about the heavy handed                                                               
enforcement of the EPA.  If you take away key portions of the State                                                             
program and EPA steps in, there will be a repeat of the 80's.  The                                                              
sites with contamination that doesn't rate as a public health                                                                   
threat are still obligated by federal law, which is mirrored by                                                                 
state law, to clean it up.  We don't have any way around that                                                                   
except to change it at the federal level.                                                                                       
                                                                                                                                
CHAIRMAN HALFORD asked if the enforcement actions in the past were                                                              
state actions.                                                                                                                  
                                                                                                                                
MR. BARNETT said that was correct.  The federal fines are set at                                                                
$10,000 per day per tank for noncompliance.  These people were                                                                  
being treated like criminals and that's why this whole program                                                                  
began.                                                                                                                          
                                                                                                                                
Number 69                                                                                                                       
                                                                                                                                
SENATOR GREEN asked if this program was intended to last forever.                                                               
                                                                                                                                
MR. BARNETT answered that the original appropriation for this                                                                   
program was $10 million for the first year.  In the summer work                                                                 
sessions of 1989 and 1990, the number that came out was $100                                                                    
million problem.  Now it's a $14 million problem; it won't go on                                                                
forever.  There are creative financing ways to still address the                                                                
problem.  The Board does not feel the loan approach is the best way                                                             
to protect our businesses.  The original estimates have been                                                                    
greatly reduced through the Department's innovative approvals of                                                                
new remediation technologies.                                                                                                   
                                                                                                                                
SENATOR GREEN moved to establish the interest rate at a half                                                                    
percent above the federal discount rate which is currently 4 +                                                                  
percent.  There were no objections and it was so ordered.                                                                       
                                                                                                                                
SENATOR TAYLOR noted that his district had so far received $59,000,                                                             
where as Anchorage and Fairbanks had each received millions.  They                                                              
could get rid of the entire problem in his district with less than                                                              
$120,000.  He wanted to know why they were spending so much more                                                                
money in a handful of communities and not a dime anywhere else.                                                                 
                                                                                                                                
Number 138                                                                                                                      
                                                                                                                                
MR. HAYDEN answered if more communities from Southeast Alaska had                                                               
applied, they would have been on the list.                                                                                      
                                                                                                                                
SENATOR TAYLOR responded that these people did apply and they                                                                   
haven't seen a dime.  Only eight communities have had any help -                                                                
Wasilla, Soldotna, Palmer, North Pole, King Salmon, Ketchikan,                                                                  
Fairbanks, and Anchorage.  He asked if villages were taken care of                                                              
on some different program.                                                                                                      
                                                                                                                                
MR. BARNETT said that village programs were handled through DCRA.                                                               
                                                                                                                                
SENATOR GREEN moved to pass CSSB 128(RES) from committee.  There                                                                
were no objections and it was so ordered.                                                                                       
                                                                                                                                
CHAIRMAN HALFORD adjourned the meeting at 5:00 p.m.                                                                             
                                                                                                                                

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