Legislature(2001 - 2002)

03/06/2002 03:37 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                    
                   SENATE RESOURCES COMMITTEE                                                                                 
                          March 6, 2002                                                                                         
                            3:37 p.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator John Torgerson, Chair                                                                                                   
Senator Gary Wilken, Vice Chair                                                                                                 
Senator Robin Taylor                                                                                                            
Senator Ben Stevens                                                                                                             
Senator Kim Elton                                                                                                               
Senator Georgianna Lincoln                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Rick Halford                                                                                                            
                                                                                                                              
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 279                                                                                                             
"An Act  authorizing the  commissioner of fish  and game  to issue                                                              
complimentary  sport fishing  licenses  and tags  to September  11                                                              
emergency  responders  and their  spouses;  and  providing for  an                                                              
effective date."                                                                                                                
                                                                                                                                
     MOVED CSSB 279(RES) OUT OF COMMITTEE                                                                                       
                                                                                                                                
CS FOR HOUSE BILL NO. 263(RES)                                                                                                  
"An Act relating to water quality standards applicable to flow-                                                                 
through hot springs."                                                                                                           
                                                                                                                                
     MOVED CSHB 263(RES) OUT OF COMMITTEE                                                                                       
                                                                                                                                
SENATE BILL NO. 329                                                                                                             
"An Act authorizing community development quota groups to hold                                                                  
commercial fishing permits."                                                                                                    
                                                                                                                                
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
SB 279 - No previous action to record.                                                                                          
HB 263 - No previous action to record.                                                                                          
SB 329 - No previous action to record.                                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Mr. Yuri Morgan                                                                                                                 
Staff to Senator Wilken                                                                                                         
State Capitol Bldg.                                                                                                             
Juneau AK 99811                                                                                                                 
POSITION STATEMENT: Commented on SB 279 for sponsor.                                                                          
                                                                                                                                
Mr. Jim Low                                                                                                                     
142 Frog Pond Circle                                                                                                            
Fairbanks AK 99712                                                                                                              
POSITION STATEMENT: Supported SB 279.                                                                                         
                                                                                                                                
Ms. Mary Siroky, Legislative Liaison                                                                                            
Department of Environmental Conservation                                                                                        
410 Willoughby, Ste 303                                                                                                         
Juneau AK 99801-1795                                                                                                            
POSITION STATEMENT: Supported on SB 279.                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-9, SIDE A                                                                                                             
Number 001                                                                                                                      
                                                                                                                                
         SB 279-SPORT FISH LICENSES FOR 9/11 RESPONDERS                                                                     
                                                                                                                              
CHAIRMAN  JOHN TORGERSON  called  the Senate  Resources  Committee                                                            
meeting to  order at 3:37 p.m. and  announced SB 279 to  be up for                                                              
consideration.                                                                                                                  
                                                                                                                                
SENATOR WILKEN,  sponsor of SB 279,  said his staff,  Yuri Morgan,                                                              
would help him answer questions.                                                                                                
                                                                                                                                
SENATOR WILKEN said  he was approached by Jim  Low from Fairbanks,                                                              
a former  brown shirt with the  Troopers who recently  retired. He                                                              
has a stellar  reputation around Fairbanks and  proposed this bill                                                              
to  him,  which  allows  complimentary  fishing  licenses  to  the                                                              
responders  in New  York  and Washington  D.C.  on  9/11. He  said                                                              
that's what this  bill does and the offer expires  on December 31,                                                              
2003. He  noted, "This  bill is a  gesture in  kind. It's  a small                                                              
gift and will allow Alaska to honor  and recognize those brave men                                                              
and women who served in such admirable fashion."                                                                                
                                                                                                                                
Other  states have  shown their  appreciation. The  State of  Iowa                                                              
sent 1,500 quilts  to the responders and three  fire trucks; Texas                                                              
sent 26,000  grapefruits; the town  of Naples, Italy, sent  a one-                                                              
ton  nativity  scene;  the  State   of  Hawaii  has  offered  free                                                              
vacations for  the police, fire  fighters and relatives  of rescue                                                              
workers that perished in the attack;  California sent a Manhattan-                                                              
shaped Bonsai  Tree; and the people  of North Dakota  sent 229,300                                                              
servings of macaroni. Japan sent  1,000 origami paper cranes as an                                                              
indication of peace and good will.                                                                                              
                                                                                                                                
CHAIRMAN  TORGERSON asked  how they  were going  to know if  these                                                              
people were actual responders.                                                                                                  
                                                                                                                                
MR.  YURI  MORGAN,  staff  to Senator  Wilken,  replied  that  the                                                              
department would issue a letter to  the commissioners of the three                                                              
departments - fire, police and EMT  - in both cities, along with a                                                              
form drafted by  [ADF&G] that would require a signature  by one of                                                              
the  commissioners  or one  of  the  people verifying  that  these                                                              
people acted on that day.                                                                                                       
                                                                                                                                
CHAIRMAN TORGERSON asked if the people  had to be residents of New                                                              
York.                                                                                                                           
                                                                                                                                
MR. MORGAN replied yes, New York  City and Washington D.C. on that                                                              
day - September 11.                                                                                                             
                                                                                                                                
SENATOR LINCOLN said she had similar  questions and added that she                                                              
didn't care if they responded on  September 11 or to say that they                                                              
were just a provider at the site  of the World Trade Center or the                                                              
Pentagon. She  would prefer to extend  this gesture to  anyone who                                                              
responded,  including and  especially the  folks that  volunteered                                                              
from  Alaska. She  questioned what  "for  use in  any one  season"                                                              
meant and whether a license could be used in 2007.                                                                              
                                                                                                                                
MR.  MORGAN  replied that  the  intent  is  to have  the  licenses                                                              
validated on or before December 31, 2003.                                                                                       
                                                                                                                                
SENATOR  LINCOLN asked  what  the  statement on  page  1, line  12                                                              
meant, "for use in any one season in their visit to the state."                                                                 
                                                                                                                                
MR. MORGAN  replied,  "Between now  and then.  So this season  and                                                              
next year's season."                                                                                                            
                                                                                                                                
SENATOR LINCOLN encouraged  them to expand the  gesture to include                                                              
the people who  worked at the site without giving  a specific date                                                              
so that it be available to all who worked there.                                                                                
                                                                                                                                
SENATOR WILKEN replied that they  struggled a bit with not knowing                                                              
how big  a response this  would have and agreed  to a 250  cap. He                                                              
suspected that  the filter  wouldn't be  too stringent  for anyone                                                              
who applies.  They figure 250 is  two and a half times  the number                                                              
of people they expect to take advantage  of it. He doubted [ADF&G]                                                              
would  split hairs  about the  people  who responded  if they  are                                                              
qualified  through  the  commissioner   system  in  New  York  and                                                              
Washington D.C.                                                                                                                 
                                                                                                                                
SENATOR  LINCOLN said  she  would like  those  who responded  from                                                              
Alaska to be able to participate in this effort.                                                                                
                                                                                                                                
SENATOR  WILKEN replied  that that  gesture  is noble,  but he  is                                                              
concerned  about how  to identify  those people.  He would  see if                                                              
there is a  way to contact those  folks. He said if there  were 50                                                              
to 100 Alaskans,  they might come up against the  cap quicker than                                                              
they care to.                                                                                                                   
                                                                                                                                
CHAIRMAN TORGERSON  asked him to  look at that  possibility before                                                              
the bill  gets to Finance. Senator  Wilken indicated he  would. He                                                              
agreed with Senator Lincoln as long as they keep the 250-cap.                                                                   
                                                                                                                                
SENATOR TAYLOR asked  if they have to be residents  of New York or                                                              
Washington D.C.  and said his concern  is that he didn't  see that                                                              
language in the bill. He thought  that a lot of the responders who                                                              
worked in New York lived across the  river in New Jersey or in the                                                              
bedroom communities of Washington D.C. in Virginia and Maryland.                                                                
                                                                                                                                
CHAIRMAN TORGERSON  added that they might even  find some military                                                              
people at the Pentagon who could be residents of anywhere.                                                                      
                                                                                                                                
SENATOR  WILKEN   said  they  didn't   want  this  to  be   a  big                                                              
administrative burden and directed  the committee to page 2, lines                                                              
2 and 3 "The  commissioner shall". [ADF&G] has asked  him to amend                                                              
the bill to allow  them to do this administratively  so they don't                                                              
have to  go through  the process  of promulgating regulations.  He                                                              
would bring the bill back with that change.                                                                                     
                                                                                                                                
MR. JIM LOW, Fairbanks resident, supported SB 279.                                                                              
                                                                                                                                
CHAIRMAN TORGERSON thanked him.                                                                                                 
                                                                                                                                
SENATOR TAYLOR  moved on page 1,  line 2 to delete  beginning with                                                              
"The Commissioner" through to the end of the period on line 4.                                                                  
                                                                                                                                
CHAIRMAN  TORGERSON said  he  didn't think  that  would cover  it,                                                              
because the  last time he went  through this they had  to actually                                                              
give the commissioner  the power not to adopt  the regulations. He                                                              
noted, "We  actually had to say it."   He asked Senator  Wilken to                                                              
check on that.                                                                                                                  
                                                                                                                                
There were no further objections and amendment 1 was adopted.                                                                   
                                                                                                                                
SENATOR TAYLOR  moved to  pass CSSB  279(RES) from committee  with                                                              
individual recommendations.  There were  no objections and  it was                                                              
so ordered.                                                                                                                     
                                                                                                                                
CHAIRMAN  TORGERSON  announced that  SB  329  would not  be  heard                                                              
today.                                                                                                                          
                                                                                                                                
             HB 263-REGULATION OF HOT SPRINGS WATER                                                                         
                                                                                                                              
                                                                                                                                
CHAIRMAN TORGERSON announced HB 263 to be up for consideration.                                                                 
                                                                                                                                
REPRESENTATIVE FATE,  sponsor of HB  263, said that  DEC supported                                                              
this bill, which  makes sure that a flow-through  hot springs body                                                              
of  water  complies  with  the  state  standards  for  pollutants,                                                              
chemicals, or pathogens.  As long as those standards  are met, the                                                              
introduction of a  chemical such as chlorine,  which would detract                                                              
from the  natural mineral content  or the aesthetic  experience or                                                              
the perceived  medicinal experience of  the hot spring,  would not                                                              
be altered.  He noted that hot  springs contribute to  the economy                                                              
of rural Alaska where they are located.  The testing of the waters                                                              
will occur as frequently as DEC deems necessary.                                                                                
                                                                                                                                
SENATOR  TAYLOR  asked  why  DEC couldn't  just  do  this  through                                                              
regulation.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  FATE  replied  that  they literally  felt  it  was                                                              
incumbent upon them  to treat these bodies of water  as pools. The                                                              
problem  they had  was considering  the hot  springs where  people                                                              
went to  bathe as pools. That  connotes a swimming  pool. Changing                                                              
"pool"  to  "body of  water"  got  away  from that  swimming  pool                                                              
connotation.                                                                                                                    
                                                                                                                                
SENATOR  WILKEN asked  him  to expand  on  "further water  quality                                                              
regulation"  on  line  6.  He  asked   if  "further"  referred  to                                                              
chlorination.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  FATE said it  does under AS  44.46. -  chlorine or                                                              
any  other  chemical that  DEC  deems  appropriate to  make  those                                                              
pathogen levels safe for humans to enter.                                                                                       
                                                                                                                                
SENATOR LINCOLN asked if DEC supports this bill.                                                                                
                                                                                                                                
REPRESENTATIVE FATE said it does.                                                                                               
                                                                                                                                
MS.  MARY  SIROKY,   legislative  liaison,  DEC,   said  that  the                                                              
department worked with Representative  Fate and resolved all their                                                              
concerns.                                                                                                                       
                                                                                                                                
SENATOR  ELTON  asked  if  DEC  would  still  maintain  the  fecal                                                              
coliform checks in these bodies of water.                                                                                       
                                                                                                                                
MS. SIROKY said it would.                                                                                                       
                                                                                                                                
SENATOR TAYLOR  said they  wouldn't get  to further water  quality                                                              
regulation  until   a  triggering  event  occurs,   which  is  the                                                              
discovery of  more than 100 colonies  or less per  100 millimeters                                                              
of water in the pool.                                                                                                           
                                                                                                                                
MS. SIROKY  said that was  correct with  the caveat at  the second                                                              
part of  the sentence,  which is, "free  from dangerous  levels of                                                              
disease  causing pathogens  or chemicals."  What they are  talking                                                              
about  with "further  water quality  regulation"  are things  like                                                              
total dissolved solids.                                                                                                         
                                                                                                                                
SENATOR TAYLOR  moved to  pass CSHB  263(RES) from committee  with                                                              
individual recommendations.  There were  no objections and  it was                                                              
so ordered.                                                                                                                     
                                                                                                                                
CHAIRMAN TORGERSON adjourned the meeting at 4:00 p.m.                                                                           

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