Legislature(2009 - 2010)BUTROVICH 205
04/15/2010 03:30 PM Senate RESOURCES
| Audio | Topic |
|---|---|
| Start | |
| HJR49 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HJR 45 | TELECONFERENCED | |
| += | HJR 49 | TELECONFERENCED | |
| + | HB 70 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE RESOURCES STANDING COMMITTEE
April 15, 2010
4:16 p.m.
MEMBERS PRESENT
Senator Lesil McGuire, Co-Chair
Senator Bill Wielechowski, Co-Chair
Senator Charlie Huggins, Vice Chair
Senator Hollis French
Senator Gary Stevens
MEMBERS ABSENT
Senator Bert Stedman
Senator Thomas Wagoner
COMMITTEE CALENDAR
CS FOR HOUSE JOINT RESOLUTION NO. 49(RES)
Urging the United States Congress to enact S.J. Res. 26, a
resolution disapproving the Environmental Protection Agency's
imposition of climate regulations that would harm Alaska's
economy and the livelihoods of the state's citizens.
- MOVED CSHJR 49(RES) OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 70(FIN)
"An Act establishing the farm-to-school program in the
Department of Natural Resources, and relating to school gardens,
greenhouses, and farms."
- RES REFERRAL WAIVED
CS FOR HOUSE JOINT RESOLUTION NO. 45(FIN) AM
Urging the United States Congress not to enact Cap and Trade
legislation.
- RES REFERRAL WAIVED
PREVIOUS COMMITTEE ACTION
BILL: HJR 49
SHORT TITLE: OPPOSING EPA CLEAN AIR ACT REGULATIONS
SPONSOR(s): REPRESENTATIVE(s) STOLTZE
02/23/10 (H) READ THE FIRST TIME - REFERRALS
02/23/10 (H) RES
03/08/10 (H) RES AT 1:00 PM BARNES 124
03/08/10 (H) Moved CSHJR 49(RES) Out of Committee
03/08/10 (H) MINUTE(RES)
03/10/10 (H) RES RPT CS(RES) 6DP 1DNP 2AM
03/10/10 (H) DP: OLSON, EDGMON, SEATON, P.WILSON,
NEUMAN, JOHNSON
03/10/10 (H) DNP: GUTTENBERG
03/10/10 (H) AM: TUCK, KAWASAKI
03/30/10 (H) TRANSMITTED TO (S)
03/30/10 (H) VERSION: CSHJR 49(RES)
03/31/10 (S) READ THE FIRST TIME - REFERRALS
03/31/10 (S) RES
04/10/10 (S) RES AT 12:30 AM BUTROVICH 205
04/10/10 (S) Scheduled But Not Heard
04/12/10 (S) RES AT 3:30 PM BUTROVICH 205
04/12/10 (S) Scheduled But Not Heard
04/14/10 (S) RES AT 3:30 PM BUTROVICH 205
04/14/10 (S) -- Meeting Postponed to 4/15/10 --
04/15/10 (S) RES AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
ESTHER CHA
Staff to Senator McGuire
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Commented on HJR 49 for the sponsor,
Representative Stoltze.
ACTION NARRATIVE
4:16:01 PM
CO-CHAIR LESIL MCGUIRE called the Senate Resources Standing
Committee meeting to order at 4:16 p.m. Present at the call to
order were Senators Wielechowski, Huggins, Stevens, and McGuire.
HJR 49-OPPOSING EPA CLEAN AIR ACT REGULATIONS
4:16:16 PM
CO-CHAIR MCGUIRE announced HJR 49 to be up for consideration
[CSHJR 49(RES) was before the committee].
ESTHER CHA, Staff to Senator McGuire, said that unfortunately
the sponsor of HJR 49, Representative Stoltze, wasn't able to be
here to introduce the bill; so she is doing it. She explained
that HJR 49 is a resolution disapproving the US Environmental
Protection Agencies' (EPA) intention to use the Clean Air Act to
impose climate regulations. It urges the US Congress to enact US
Senator Lisa Murkowski's SJR 26 that would disapprove the US
EPA's rule relating to the endangerment finding. The
endangerment finding is a scientific study based on six green
house gas emissions; the EPA is using it to create economy-wide
command and control regulations to force reductions in green
house gas emissions that could stifle the economic development
of Alaska.
She explained that while the EPA set out to regulate only mobile
sources, the Clean Air Act will extend the agencies' authority
to regulate all green house gas emissions including from
stationary sources. Many believe this is not the way to
accomplish this regulation and that it should be through
congressional legislation rather than through bureaucracy.
The resolution also states that the Clean Air Act does not
account for Alaska's unique circumstances including its
population, physical size, geographic location and Arctic
climate. The regulations would affect many economic areas of
Alaska and would include any areas that produce green house
gases such as Alaska's refineries, pipelines, hospitals and
other entities. The sponsor is worried that many of the major
economic drivers of the state would be impacted by any green
house gas and environmental regulations imposed by the EPA.
MS. CHA said that Senator Murkowski's resolution has drawn
strong support and is co-sponsored by 40 of her colleagues
including three Democratic senators.
SENATOR FRENCH joined the committee.
4:18:50 PM
SENATOR HUGGINS asked why Congress doesn't pass something.
MS. CHA answered that the Congress has not had the time to
develop a policy.
SENATOR MCGUIRE said Senator Murkowski's broader concern is that
because the climate change bills that were being considered by
the Senate and the House didn't pass, EPA decided to go ahead
and use its regulatory authority to create, essentially, a
legislative construct. Some people have signed on with the
belief that the policies themselves are a bad idea; some have
signed on with the belief that the federal government is over-
reaching in terms of its regulatory authority.
SENATOR STEVENS said HJR 49 makes sense, but he wanted to know
how it interacts with the Governor's news release that the State
of Alaska filed a motion to intervene in the lawsuit.
4:21:09 PM
MS. CHA replied that she had not discussed that with the
sponsor, but she assumed it is his intent to work together with
the Governor.
SENATOR FRENCH asked if they know what form the EPA's rules will
take. Have they been drafted so they know what they are opposing
and supporting?
MS. CHA replied that she wasn't 100 percent sure of that, but
she would find out.
SENATOR FRENCH said the reason he asked is because it occurred
to him that it's possible that Alaska could get a big boost out
of the right climate change bill. If the right rules put tight
restrictions on coal burning and make natural gas a preferred
fuel that would suddenly put Alaska "in the catbird seat."
SENATOR MCGUIRE responded that the broader point is who should
be in the driver's seat on making climate change policy.
4:23:37 PM
SENATOR HUGGINS said he hoped all of them would be very
concerned if for some reason the legislature couldn't pass
something and the Department of Environmental Conservation (DEC)
whose people are not elected would be in the driver's seat.
SENATOR MCGUIRE agreed.
SENATOR WIELECHOWSKI stated there is a case, Massachusetts vs.
EPA, in which the US Supreme Court ruled that the EPA can
regulate green house gases. The issue is does the EPA do
something that the federal government has not done when the
Supreme Court said they have the authority to do so? This is a
policy decision and it is a good discussion to have.
SENATOR STEVENS said he discovered the answer to his own
question, which is that the Office of the Governor filed a
motion to intervene in the lawsuit and this resolution has
nothing to do with it. This resolution just urges Congress to
enact its own legislation, and he supports that.
4:26:00 PM
CO-CHAIR MCGUIRE found no further comments and closed public
testimony.
SENATOR WIELECHOWSKI moved to report CS for HJR 49 from
committee with individual recommendations and zero fiscal note.
There being no objection, CSHJR 49(RES) moved from the Senate
Resources Standing Committee.
4:26:26 PM
SENATOR MCGUIRE, finding no further business, adjourned the
meeting at 4:26 p.m.
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