Legislature(2019 - 2020)BUTROVICH 205
01/25/2019 03:30 PM Senate RESOURCES
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| Start | |
| Confirmation Hearing(s) | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
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| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE RESOURCES STANDING COMMITTEE
January 25, 2019
3:30 p.m.
MEMBERS PRESENT
Senator Chris Birch, Chair
Senator John Coghill, Vice Chair
Senator Cathy Giessel
Senator Lora Reinbold
Senator Click Bishop
Senator Scott Kawasaki
Senator Jesse Kiehl
MEMBERS ABSENT
All members present
OTHER LEGISLATORS PRESENT
Representative Andy Josephson
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Commissioner, Department of Environmental Conservation
Jason Brune - Anchorage
- CONFIRMATION ADVANCED
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
JASON BRUNE, Commissioner Designee
Alaska Department of Environmental Conservation
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the position of
commissioner of the Alaska Department of Environmental
Conservation.
PETER NAOROZ, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in support of Commissioner
Designee Brune's appointment.
JIM CLARK, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in support of Commissioner
Designee Brune's appointment.
ABIGAIL LEATHERMAN, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
VIKKI JO, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
CATIE BURSCH, representing self
Homer, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
SHERYL BAECHLER, representing self
Homer, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
PETER RODDY, representing self
Sitka, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
ERIC JORDAN, representing self
Sitka, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
HEATHER BAUSCHER, representing self
Sitka, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
ANDREW THOMS, Executive Director
Sitka Conservation Society
Sitka, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
IDA NELSON, representing self
Igiugig, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
JORDAN STOVER, representing self
Homer, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
MARK NIVER, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
GRANT FAIRBANKS, representing self
Bethel, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
GEORGE PIERCE, representing self
Kasilof, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
TOM HARRIS, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of Commissioner
Designee Brune's appointment.
MICHELE MARTIN, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
STEVE SCHOONMAKER, representing self
Kasilof, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
MAUREEN KNUTSEN, representing self
Naknek, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
CATHRYN COAGS, representing self
Ketchikan, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
CHRISTINA EDWIN, advocate
Defend the Sacred Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
PENELOPE HAAS, representing self
Homer, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
MIKE FRICCERO, representing self
Kodiak, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
SUE CHRISTIANSEN, representing self
Kenai, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
MOLLY MILLER, representing self
Kodiak, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
SARAH EVANS, representing self
Dillingham, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
VIVIAN MENDENHALL, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
SHANNON MCBRIDE-MION, owner
Kachemak Bay Wilderness Lodge
Homer, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
TOM ROLLMAN, representing self
Eagle River, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
SUE MAUGER, representing self
Homer, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
GEORGIANNA HEAVERLEY, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
BONNIE LILLEY, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
JESSICA GIRARD, advocate
Fairbanks Climate Action Coalition
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
NICOLE AREVALO, representing self
Homer, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
DOUG MORGAN, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
MICHELE VASQUEZ, representing self
Soldotna, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
MELANIE BROWN, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to Commissioner
Designee Brune's appointment.
ACTION NARRATIVE
3:30:09 PM
CHAIR CHRIS BIRCH called the Senate Resources Standing Committee
meeting to order at 3:30 p.m. Present at the call to order were
Senators Coghill, Reinbold, Kiehl, Giessel, Kawasaki, Bishop,
and Chair Birch.
CHAIR BIRCH recognized Representative Josephson.
^CONFIRMATION HEARING(S)
CONFIRMATION HEARING(S)
Commissioner, Department of Environmental Conservation
3:31:17 PM
CHAIR BIRCH announced that the purpose of the meeting is to
discuss the governor's appointment of Jason Brune as the
commissioner of the Department of Environmental Conservation
(DEC).
3:32:10 PM
JASON BRUNE, Commissioner Designee, Alaska Department of
Environmental Conservation, Juneau, Alaska, presented his
curriculum vitae to committee members as follows:
Mr. Chair, Members of the Committee. For the record,
my name is Jason Brune. It is an honor to be here
before you today as Governor Dunleavy's Commissioner-
designee for the Department of Environmental
Conservation.
I'd like to provide you with a little background
outlining my qualifications for this role. I received
my undergraduate degree in biology from Carleton
College. While I was at Carleton, I completed an
internship with the US Fish and Wildlife Service in
Anchorage working on oiled sea otters from the Exxon
Valdez oil spill. That experience helped shape who I
am today. While our economy depends on resource
extraction, we must ensure it is done responsibly, and
ethically, and I for one will do all in my power to
ensure something like the Valdez oil spill never
happens again in Alaska.
After graduating from Carleton, I moved up to
Anchorage for the Master's in Science in Environmental
Science program at Alaska Pacific University. I
completed my course work and comprehensive exam in the
program but never ultimately completed my thesis, so
I'm what they call an ABT, "All but Thesis." During
graduate school, I worked for the U.S. Fish and
Wildlife Service, was transferred to the National
Biological Survey which soon thereafter became the
Biological Resources Division of the U.S. Geological
Survey. Eventually, I started working at the
University of Alaska Anchorage, helping develop
undergraduate and graduate curriculum as well as
serving as an adjunct professor.
In 2000, I started working as the project coordinator
for the Resource Development Council (RDC). RDC's
mission is growing Alaska through responsible resource
development, a motto I've incorporated into my
personal environmental ethic, which is, "Think
globally, develop locally." As Alaskans, we need to
hold companies to the highest of environmental
standards. DEC's mission to protect human health and
the environment in one I take very seriously.
At RDC, I worked on diverse projects throughout the
state, including in the oil and gas, mining, fishing,
timber, and tourism sectors. I developed strong
relationships with ANCSA corporations, labor unions,
local communities, and the support sector. In my early
days at RDC, I also served as executive director of
the Alaska Mineral and Energy Resource Education Fund
known formerly as (AMEREF), but today as Alaska
Resource Education (ARE).
3:35:01 PM
COMMISSIONER DESIGNEE BRUNE continued as follows:
ARE is a partnership with the State of Alaska that
teaches K-12 students and teachers about our state's
natural resources incorporating science and math
standards and presenting career opportunities. At the
end of my tenure, I was honored with the distinction
of executive director emeritus.
In 2006, I became the Executive Director of RDC. One
of the things I am most proud of in my time there was
working with the Alaska Conservation Alliance on the
formation of the Tileston Award, a distinction given
to projects that are good for both the economy and the
environment. As you will often hear me say, economic
development and protection of the environment are not
mutually exclusive. We recognized fishing, mining, and
timber projects that were doing it right in Alaska.
While at RDC, I continued my involvement with the
Exxon Valdez Oil Spill Trustee Council Public Advisory
committee for nearly a decade helping oversee cleanup
and ongoing scientific studies. I started and
sponsored the Stewardship and Sustainability award in
conjunction with my position on the Board of the
Alaska Sealife Center, recognizing entities that are
doing things right in our oceans.
I led RDC until 2011, when I left to become the
Government and Public Affairs manager for Anglo
American, a partner in the Pebble project. I worked
for Anglo for approximately three years while the
company invested over $700 million in Alaska.
Ultimately, Anglo American pulled out of the project
and took my job with them. That position taught me a
lot about the mining industry and gave me a deep and
profound understanding about what it takes to permit a
mine in Alaska. It also taught me a lot about the need
to have a predictable permitting regime that doesn't
scare off investment. Currently, Alaska ranks behind
the Congo on predictability of our permitting regime
by the Fraser Institute. That is not a place where we
want to be. We can have the highest environmental
standards in the world, "and should," but the ground
rules must not be constantly changing. We must work
collaboratively with those seeking to make investments
in Alaska to provide timely, science-based, and
legally defensible permits that ensure their
operations will co-exist with the environment we all
love as Alaskans.
3:37:51 PM
COMMISSIONER DESIGNEE BRUNE continued as follows:
Following my tenure at Anglo, I went to work for CIRI
as their senior director of land and resources. While
working to provide value and opportunities for CIRI's
shareholders, I fostered strong relationships with
CIRI's village corporations, tribes, and shareholders.
Among the many projects I worked on, I'm proudest of
the development of CIRI's universal-gravel agreement
with its villages which set the highest of standards
for gravel mining on CIRI subsurface/village
corporation surface with an emphasis on post-
development use. I also worked to develop a carbon-
offset program as well as oversaw the plugging,
abandoning, and surface reclamation of oil and gas
wells developed by a now bankrupt company.
I have extensive relationships throughout Alaska. I
have served on the boards of the Tyonek Tribal
Conservation District, Alaska Sealife Center, State
Chamber, and as past president of both the Alaska
Miners Association and Consumer Energy Alliance
Alaska. I served on the Cook Inlet Beluga Whale
Recovery Team and I was an honorary commander for the
Civil Engineering Squadron on Elmendorf.
Since I started at DEC, I made it a priority to meet
with and hear from folks of different perspectives; in
fact, my first meeting here in Juneau was with SEACC,
the Southeast Alaska Conservation Council. I have met
with industry, tribal and ANCSA entities,
environmental organizations, and many others. I will
continue to do so. I have also had the opportunity to
meet many of the amazing staff who are the backbone of
DEC.
3:39:53 PM
COMMISSIONER DESIGNEE BRUNE continued as follows:
On a personal front, I have been married to my wife
Robyn for 20 years. She was born in Fairbanks, raised
in Peters Creek, but whose family is from Southeast.
Robyn's family is Tlingit, and the Tlingit culture
places an emphasis on taking care of the earth while
still being able to use the resources it provides. I
was given the name "Naasha," by Josephine Paul of Kake
and I strive to live by this value, not just for
today, but also for the future world in which my son
and daughter will live.
Congress and the Alaska Legislature establish the laws
which DEC is responsible for implementing. To create a
positive and predictable business climate, we must do
no more, and no less, than what we have the authority
to do. I believe the experiences that I have outlined
uniquely prepare me for this position. Those who know
me will speak to my integrity and commitment to the
environment. I am proud to work to promote Governor
Dunleavy's agenda of showing Alaska is open for
business.
3:41:11 PM
SENATOR KIEHL addressed polyfluoroalkyl (PFAS) water
contamination with Commissioner Designee Brune and asked what
direction the department is taking for protection of health in
drinking water. He noted that PFAS is a chemical used to fight
fires.
COMMISSIONER DESIGNEE BRUNE replied that PFAS is an emerging
significant issue that is going to impact Alaska for generations
to come. He said that DEC has been testing the water in many
communities. He noted that the [Federal Aviation Administration]
(FAA) requires [Aqueous Film-Forming Foam] (AFFF), or PFAS, to
be at all airports because PFAS is effective in fighting fires;
however, when PFAS was used the FAA was not aware of the
potential impact on human health. He said the places where PFAS
was used to fight fires has had significant impacts because PFAS
does not break down. He noted that many of the areas that used
PFAS are located where local community drinking supplies are
located.
He said DEC has made PFAS testing a priority. He said that
working with the Department of Transportation and Public
Facilities (DOTPF), drinking water testing has occurred in
communities such as Gustavus, Fairbanks, Dillingham, King
Salmon; there has been PFAS found in the drinking water supplies
in all those communities.
He set forth that DEC has a responsibility to ensure the water
that people are drinking is safe. He advised that DEC has worked
with DOTPF to ensure that bottled water is provided. He noted
that DEC is looking at Fairbanks to ensure infrastructure is put
in place so that water can be piped to homes rather than relying
wells. The regulation package that was mentioned was issued
during the prior administration. There was a public comment
period and DEC is reviewing the comments. He reiterated that DEC
has the responsibility to ensure that PFAS does not become the
next Flint-Michigan issue in Alaska.
3:44:32 PM
SENATOR REINBOLD stated that she had reviewed the DEC budget in
previous years and noted that she was surprised by the
department's inefficiencies and duplicative effort with state
and federal agencies. She contended that suggestions were made
but the department was resistant to change and innovation. She
asked if he will look at streamlining and modernizing the
department while still protecting the environment. She reminded
Commissioner Designee Brune that the state's financial resources
are resources too.
COMMISSIONER DESIGNEE BRUNE emphasized that DEC will continue to
look the state's budgets to ensure Alaska's money is being spent
wisely. He said he has asked his staff to take an in-depth look
at what is done and what specific statutory authority governs
the department. He noted in his opening statement that he said
the following:
We are to do no more and no less than what we are told
to do by the Legislature and by Congress through
programs that we have been granted primacy on and the
Legislature has voted to give primacy to the State of
Alaska.
He emphasized that DEC will look at everything to determine
whether the department can afford programs and whether programs
are statutorily required as part of the department's primacy
from the federal government. He said he is committed to find
every efficiency that he can during his tenure at DEC.
SENATOR KAWASAKI asked Commissioner Designee Brune to explain
what "environmental conservation" means to him and whether he
believed environmental conservation and support for natural
resources are mutually exclusive.
3:47:15 PM
COMMISSIONER DESIGNEE BRUNE answered that environmental
conservation and support for natural resources are not mutually
exclusive. He reiterated that growing the state's economy as
well as protecting the environment are incredibly important. He
said the definition of "environmental conservation" is
understanding the department's mission for the commitment to
protecting human health and the environment. He emphasized that
Alaska takes the utmost care for the environment and referenced
the Clean Air Act and the Clean Water Act. He said the state
makes it a priority to "do it right" for Alaskans who enjoy the
environment and to make sure that companies are held
accountable. He shared that his personal environmental ethic is,
"Think globally, develop locally." He emphasized that the
companies that invest in the state uphold the highest
environmental standards. He opined that the state should work
with companies that invest in Alaska to allow their investment
in natural resource development to occur for the employment of
Alaskans and to make a brighter future for the state's citizens.
SENATOR KAWASAKI noted that Commissioner Designee Brune will be
working closely with the Alaska Department of Fish and Game
(ADFG) and the Department of Natural Resources (DNR). He asked
how his mission will be guided when dealing with ADFG and DNR on
whether a project should be developed or done, especially when
there is a disagreement regarding habitat.
3:49:41 PM
COMMISSIONER DESIGNEE BRUNE conceded that there will be times
when DEC conflicts with other departments. He said when
conflicts occur the departments will have to work very closely
to find win-win.
SENATOR KAWASAKI pointed out that Commissioner Designee Brune
worked for Angelo American, a company that wanted to develop
Pebble Mine. He noted that Commissioner Designee Brune
personally supported development of the Pebble Mine. He opined
that there are questions regarding whether Commissioner Designee
Brune will be able to fulfill his duties as DEC commissioner as
a regulator without a perceived conflict of interest. He asked
if he can provide comfort that as DEC commissioner, he will live
up to the mission of DEC.
COMMISSIONER DESIGNEE BRUNE stated that he has no financial
interest in the company that is trying to invest and build the
Pebble project. He has sold all his stocks for any mining or oil
and gas companies that are doing business in Alaska. He
emphasized that there is no hidden agenda that he will be
compensated by something that crosses his desk. Currently, there
is nothing for the Pebble project that is sitting on his desk.
He said if-and-when a permit proposal comes across his desk, he
will evaluate that project as he will evaluate all projects
according to how. He pointed out that having worked in the
mining industry he has a detailed knowledge of how mines
operate. He emphasized that he understands what can go wrong
with mines as well as seeing how things can be done well with
mines. He said he will ensure that any project that gets built,
be it mining, oil and gas, or fishing, will be held to the
highest standards.
3:53:44 PM
SENATOR KIEHL said he has a question of approach. He pointed out
that Commissioner Designee Brune in the past has been a
passionate advocate. He recalled that years ago he might have
referred to Rivers Without Borders as "rivers without jobs." He
noted that he represents a district with over 1,000 households
with commercial fishing income as well as more than 800 mining
jobs. He asked what Alaskans should expect in terms of his
approach in his current role as opposed to his past role.
COMMISSIONER DESIGNEE BRUNE replied that he has developed
significant relationships across multiple industries, not just
mining. He emphasized that his approach will be to engage in the
public process and listen to and understand perspectives. He
said he is committed to meeting with folks on every side of an
issue. He emphasized that DEC is a science-based organization
with a permitting process that is rooted in science.
3:56:16 PM
SENATOR COGHILL thanked Commissioner Designee Brune for being
willing to take the job. He pointed out that Alaska is probably
the biggest real estate company with a lot of water, and he will
be the manager/go-to person for a lot of that water quality. He
stressed that Alaska has some of the best water in the world and
the state wants to keep it that way.
He read the following from the Alaska Constitution to illustrate
the built-in tensions:
The Legislature will provide for number one,
utilization; number two, development; and three,
conservation of all natural resources, including our
waters and our land for the maximum use for beneficial
uses.
He pointed out that both the commissioner and the Legislature
are part of that tension and it's clear that the tension has
already risen.
SENATOR COGHILL called attention to the ongoing struggle with
air quality in the Interior and asked him to comment on the
issue.
3:58:29 PM
COMMISSIONER DESIGNEE BRUNE responded that he is honored to be
considered for the commissioner's position and appreciates
Senator Coghill bringing up the state constitution and the
inherent conflict. That is the role that DEC plays to make sure
the state's resources are being conserved as well as working
with the companies that are trying to invest and create jobs.
He said with respect to the Interior air quality issue, also
known as PM2.5 [particulate matter less than 2.5 micrometers in
diameter], he said he has taken a fresh look at it. He shared
that he is inherently a "federalist" who believes in local
solutions to local problems. He pointed out that the people of
Fairbanks have come together to try to address the issue of
their air quality largely due to home heating. He described it
as an economic issue also because Fairbanks residents want to
heat their homes economically and burning wood is an economic
means to do that. However, burning wood has caused significant
impacts to human health in Fairbanks due to cold-weather-
inversion days. On those cold-weather-inversion days the air
quality in Fairbanks is the worst in the nation.
Fortunately, local solutions are having a positive impact. Five
or six years ago Fairbanks made changes made to wood burning and
the PM2.5 levels have been reduced. He urged continuing to
implement local stakeholder recommendations to protect the
environment and human health.
4:01:35 PM
SENATOR COGHILL responded that his comments are good news. He
said the Legislature will continue to try to get natural gas to
Fairbanks, but it will be awhile before gas is both economic and
effective. He agreed that the local campaign in Fairbanks has
been something that the community has worked hard on, and it has
been contentious.
He noted that the PFAS issue impacts both Fairbanks and Eielson
Air Force Base. He asked him to talk about the national view on
PFAS that will help the state with the science. He opined that
PFAS should not be just Alaska's problem, but a problem for the
United States.
COMMISSIONER DESIGNEE BRUNE described PFAS as an emerging issue.
He noted that the EPA has not finalized its total standards and
the agency continues to determine what the impacts will be from
PFAS and the best methodology to dispose of the chemicals. He
said DEC needs to work with the EPA to make sure the issue is
not forgotten.
4:04:51 PM
SENATOR COGHILL remarked that people should be encouraged to
test their well water because PFAS will become a bigger issue.
He noted that he was unsuccessful when he looked for information
on DEC's website on well-water testing. He asked how someone
would find information on testing.
COMMISSIONER DESIGNEE BRUNE committed to making sure the website
is easier to navigate. He noted that after the recent earthquake
in Anchorage, DEC received a lot of calls about water testing.
He said DEC's team had conversations that addressed concerns
about increased arsenic, turbidity and other things in drinking
water. He related that DEC has funding and staffing issues due
the department's 30-percent budget cut over the past 4 years. He
said for DEC to address the emerging PFAS issue the department
needs to make sure it is on top of what the financial
ramifications and impacts will be. He committed that DEC will
work closely with DOTPF on recommendations that may come forward
as part of the governor's budget.
4:06:55 PM
SENATOR COGHILL opined that he finds Commissioner Designee
Brune's work history in industry helpful versus a person that
gets hunkered down in government bureaucracy where the answer is
"no" rather than "how we can do it." He thanked him for coming
forward because the state needs someone that has not come from a
bureaucratic world and is able to see both sides. He pointed out
that mining is all about water quality and water management. He
asked how he would grade Alaska for water management, resource
management, present failure points, concerns for the
Legislature, and DEC water and mine management.
4:08:27 PM
COMMISSIONER DESIGNEE BRUNE replied that he has found that
certain industries are often held to higher standards than local
communities or other industries. He said he has always believed
that if the state is going to have high standards then everyone
needs to meet those standards, not just the mining or oil and
gas industries. He said there are places where water management
if working well, but there are also communities, especially in
rural Alaska, where water management is not going well.
SENATOR GIESSEL stated that she appreciates his comments about
local control. She noted that he has worked for CIRI [Cook Inlet
Region, Incorporated] as well as village and tribal groups. That
indicates that he has not looked at just urban Alaska, but rural
Alaska too. That is important to her as a "territorial kid" who
was born and raised in Alaska.
She said she also appreciates the new eyes that he brings to
DEC, noting that his predecessor had held the position for a
very long time. She opined that new eyes will bring a fresh look
to DEC.
She noted that DEC has recently identified protecting human
health as its core mission, followed by environmental health.
She said as a healthcare person she appreciates the focus on
clean water for humans, fish, and flora and fauna. She asked
what he sees as the key challenges and threats to that water
quality that he'll need to address.
4:11:58 PM
COMMISSIONER DESIGNEE BRUNE opined that the threats center on
the lack of economic opportunity in the state. In rural Alaska,
drinking water and septic systems are often degraded but is no
ability to build new infrastructure because local governments
can't pay for it. He emphasized the need to build more economic
opportunities in rural Alaska. He added that the department is
looking at its budget with a sharp pencil. They have reviewed
their projects to determine what is statutorily required by
federal and state governments. He identified unfunded mandates
by the Legislature as another threat. He opined that there is a
responsibility to eliminate programs that are no longer funded.
SENATOR GIESSEL agreed that drinking water and wastewater
management are challenges in rural Alaska. She remarked that
there are innovations in wastewater treatment and asked that DEC
look at opportunities for solutions.
4:15:11 PM
COMMISSIONER DESIGNEE BRUNE replied that DEC has programs that
help provide wastewater and drinking water to rural Alaska. He
added that the federal government has provided money as well. He
agreed that water and wastewater management in rural Alaska must
be modernized for human health.
SENATOR BISHOP remarked that landfills are an integral part of
human health and the environment. He said the state needs to
make sure landfills in rural Alaska are properly put in because
of the ground water runoff that could get into drinking well
water. He said that as a former commissioner, he understands
primacy related to running a department. He stated that he would
rather have Alaskans running the department and have control of
primacy than a federal employee. He noted that the state would
have been impacted by the recent federal shutdown if the federal
government was in charge. He asked him for assurance that the
department would adhere to the letter of the law so that the
state's primacy is not jeopardized.
4:17:50 PM
COMMISSIONER DESIGNEE BRUNE asserted that he will adhere to
assuring that the state maintains primacy. He agreed that
companies and communities that require permits much prefer to
work with Alaskans than someone from Seattle or Washington, D.C.
He addressed Senator Bishop's question regarding landfills and
noted that he was amazed by the things that have been allowed to
go into landfills and the potential spill impacts which DEC
oversees. He asserted that DEC needs to make sure that what is
being put into landfills, what is being permitted and the
potential impact on drinking water is done appropriately. He
said companies overseeing landfills will be held accountable for
cleanup if things were deposited in landfills that impact
drinking water.
SENATOR BISHOP noted that his office had done research on carbon
credits and he welcomed Commissioner Designee Brune to meet with
him to address the potential for state forests to leverage
carbon credits for revenue.
He thanked Commissioner Designee Brune for addressing PFAS and
PM2.5. He noted that he had a discussion with a constituent
regarding PM2.5 and commended Commissioner Designee Brune for
spending two hours on the phone with his constituent to address
his concerns.
4:20:22 PM
COMMISSIONER DESIGNEE BRUNE replied that communicating with
constituents and people with ideas goes to his ethic. He noted
that Senator Bishop's constituent has some fantastic ideas as
well as being passionate about assuring that human health is
protected.
He agreed with Senator Bishop about leveraging carbon credits to
bring money into the state. He said there is an opportunity to
leverage state forests that are not economic to develop with the
California Air Resource Board. He noted that he was involved in
bringing carbon credits for Alaska regional corporations such as
Sealaska, Ahtna, and CIRI. He committed to meet to discuss
carbon credits.
SENATOR KAWASAKI addressed Commissioner Designee Brune's reply
to Senator Giessel's questions regarding human health
prioritization, the budget process, and not having enough money
to do the job. He asked him to clarify his statement on unfunded
mandates and his paraphrased interpretation that, "If you are
not doing it well, it should be off the books."
COMMISSIONER DESIGNEE BRUNE conceded that he has been two months
into his job, and he was told that there were programs DEC has
the statutory requirement to do but does not have the funds. He
clarified that his statement was that either DEC should be
funded to do the statutory jobs, or the program should be
eliminated.
4:22:23 PM
SENATOR KAWASAKI conceded that there are things that the state
does not do as well as it should; for example, food and
sanitation inspections. He noted that Fairbanks used to do
inspections, but the state now does the inspections within the
borough. He pointed out that DEC is not about to inspect every
restaurant on a timely basis. He said the Legislature has not
funded food and sanitation inspections well enough where they
are not performing up to task. He asked Commissioner Designee
Brune if his thought was that food and sanitation inspections
should not be funded and should be removed from the books.
COMMISSIONER DESIGNEE BRUNE clarified that food and sanitation
inspections should be funded. He reiterated his federalist
approach, "Local solutions for local problems." He advised that
DEC trains the Municipality of Anchorage to do its own
inspections and suggested that the Fairbanks North Star Borough
may be interested in doing the same with training assistance
from DEC. He maintained that DEC is doing its best with the
budget that the department has to maintain restaurant
inspections.
SENATOR KAWASAKI asked him to address the idea of, "The causer
should be the cost payer." He pointed out that his testimony
touched on plugging abandoned wells. He noted that AOGCC [Alaska
Oil and Gas Conservation Commission] recently addressed with the
Legislature the concept in which "company A" sells off their
assets to a smaller company that doesn't have the ability or
wherewithal and goes under. He asked who one collects from in
the circumstances he just described.
4:25:01 PM
COMMISSIONER DESIGNEE BRUNE disclosed that he was involved with
that exact issue when he was at CIRI and an oil and gas company
went bankrupt. He explained that he was responsible for
overseeing the plugging, abandoning and surface reclamation of
10 wells. He noted that the previously mentioned oil and gas
company had placed $200,000 bonds with AOGCC and DNR, an amount
that could not mobilize a team. He pointed out that in the
mining industry, Red Dog Mine has a $500 million bond on their
projects. He said the industry has told him on an ongoing basis
that, "You have different entities within the state that are
bonding, and they are not talking to each other." He conceded
that DEC, DNR and AOGCC have bonding authority but, "The left
hand is not talking to the right hand." He said to achieve
Governor Dunleavy's goal of showing that the state is open for
business, regulatory agencies need to work together to create a
bonding mechanism that is clear, open, transparent and
predictable for the companies that are investing in Alaska;
however, as a regulatory agency the state must ensure that an
area is cleaned up if a company goes bankrupt where the state or
private landowners is not stuck with the cost, a situation that
occurred in CIRI's case.
SENATOR KAWASAKI pointed out that 17 of the last 18 years were
the hottest on record and Alaska has seen the changes going on.
He asked if he believed that human activity including
agriculture, industrial, burning of fossil fuels is a primary
cause of climate change.
4:27:32 PM
COMMISSIONER DESIGNEE BRUNE replied as follows:
I think that what I believe first and foremost is I
have a responsibility to follow the law and Governor
Dunleavy has entrusted me with the position. So, I
believe that question is one that would be better
asked to Governor Dunleavy; that said, regardless if
it is anthropogenic causes or natural causes, the fact
is Alaska is being impacted. Alaska is seeing
increased coastal erosion. We are seeing the northward
migration of the spruce bark beetle. We are seeing
increased fire risk. We are seeing communities that
are being completely displaced. There are absolute
impacts that we are experiencing firsthand and we need
to do something about it. We owe it to future
generations to ensure that we do something about it. I
think that the best solution is to not put our head-
in-the-sand but to do what we can to ensure mitigating
the impacts from these changes.
SENATOR KAWASAKI responded that he appreciates the response, but
he did not answer the question. He emphasized that his question
requires a yes or no response. He said he appreciates the second
part of his response because the response addressed DEC's role
in climate adaptation or climate mitigation.
COMMISSIONER DESIGNEE BRUNE replied as follows:
I think that there definitely are impacts from natural
causes as well as from human impacts. The population
of our planet is continuing to go up so absolutely
there will be impacts from them. Again, this is Jason
Brune's personal philosophy is not what's, that
question obviously is the administration and I commit
to obviously working with Governor Dunleavy on this
issue to ensure that we are mitigating the impacts
from climate change.
CHAIR BIRCH thanked Commissioner Designee Brune for his well-
considered testimony.
4:31:08 PM
At ease.
4:32:17 PM
CHAIR BIRCH called the committee back to order.
4:32:35 PM
CHAIR BIRCH [opened public testimony].
4:32:56 PM
PETER NAOROZ, representing self, Juneau, Alaska, testified in
support of Commissioner Designee Brune's appointment. He opined
that Commissioner Designee Brune will bring a balanced
approached to business development and the environment.
4:36:27 PM
JIM CLARK, representing self, Juneau, Alaska, testified in
support of Commissioner Designee Brune's appointment. He said he
interacted with Commissioner Designee Brune when he worked as
land manager at CIRI and he was very tough in protecting the
environment in CIRI's land base.
4:37:55 PM
ABIGAIL LEATHERMAN, representing self, Juneau, Alaska, testified
in opposition to Commissioner Designee Brune's appointment. She
said Commissioner Designee Brune cannot impartially consider the
science and will of Alaskans due to his prior involvement with
Anglo American and the Pebble Mine project.
4:39:30 PM
VIKKI JO, representing self, Juneau, Alaska, testified in
opposition to Commissioner Designee Brune's appointment. She
said Commissioner Designee Brune should not be considered due to
his prior involvement with the Pebble Mine project.
4:41:57 PM
CATIE BURSCH, representing self, Homer, Alaska, testified in
opposition to Commissioner Designee Brune's appointment. She
said Commissioner Designee Brune will not follow DEC's website
mission statement, "Conserving, improving and protecting
Alaska's natural resources and environment, to enhance the
health, safety, economic and social wellbeing of Alaskans"
because Commissioner Designee Brune promotes moneymaking in the
private sector.
4:43:26 PM
SHERYL BAECHLER, representing self, Homer, Alaska, testified in
opposition to Commissioner Designee Brune's appointment. She
said Commissioner Designee Brune should not be considered due to
his prior involvement with the Pebble Mine project.
4:44:33 PM
PETER RODDY, representing self, Sitka, Alaska, testified in
opposition to Commissioner Designee Brune's appointment. He said
Commissioner Designee Brune should not be considered due to
"regulatory capture."
4:45:51 PM
ERIC JORDAN, representing self, Sitka, Alaska, testified in
opposition to Commissioner Designee Brune's appointment. He said
Commissioner Designee Brune is unqualified to be commissioner.
4:46:20 PM
HEATHER BAUSCHER, representing self, Sitka, Alaska, testified in
opposition to Commissioner Designee Brune's appointment. She
said Commissioner Designee Brune was selected due to politics
and places utilization and development before conservation.
4:48:06 PM
ANDREW THOMS, Executive Director, Sitka Conservation Society,
Sitka, Alaska, testified in opposition to Commissioner Designee
Brune's appointment. He said Commissioner Designee Brune should
not be considered due to his prior involvement with the Pebble
Mine project.
4:49:26 PM
IDA NELSON, representing self, Igiugig, Alaska, testified in
opposition to Commissioner Designee Brune's appointment. She
said Commissioner Designee Brune should not be considered due to
his prior involvement with the Pebble Mine project.
4:50:56 PM
JORDAN STOVER, representing self, Homer, Alaska, testified in
opposition to Commissioner Designee Brune's appointment. He said
Commissioner Designee Brune should not be considered due to his
prior involvement with the Pebble Mine project.
4:51:49 PM
MARK NIVER, representing self, Wasilla, Alaska, testified in
opposition to Commissioner Designee Brune's appointment. He said
Commissioner Designee Brune should not be considered due to his
prior involvement with the Pebble Mine project.
4:54:39 PM
GRANT FAIRBANKS, representing self, Bethel, Alaska, testified in
opposition to Commissioner Designee Brune's appointment. He said
Commissioner Designee Brune should not be considered due to his
prior involvement with the Pebble Mine project.
4:56:38 PM
GEORGE PIERCE, representing self, Kasilof, Alaska, testified in
opposition to Commissioner Designee Brune's appointment. He said
Commissioner Designee Brune should not be considered due to his
prior involvement with the Pebble Mine project.
4:59:23 PM
TOM HARRIS, representing self, Anchorage, Alaska, testified in
support of Commissioner Designee Brune's appointment. He said
Commissioner Designee Brune's entire field of experience should
be taken into consideration which includes the conservation of
natural resources.
5:01:58 PM
MICHELE MARTIN, representing self, Anchorage, Alaska, testified
in opposition to Commissioner Designee Brune's appointment. She
contended that Commissioner Designee Brune's focus is on
development rather than conservation.
5:03:49 PM
STEVE SCHOONMAKER, representing self, Kasilof, Alaska, testified
in opposition to Commissioner Designee Brune's appointment. He
said Commissioner Designee Brune should not be considered due to
his prior involvement with the Pebble Mine project.
5:04:48 PM
MAUREEN KNUTSEN, representing self, Naknek, Alaska, testified in
opposition to Commissioner Designee Brune's appointment. She
said Commissioner Designee Brune should not be considered due to
his prior involvement with the Pebble Mine project.
5:06:03 PM
CATHRYN COAGS, representing self, Ketchikan, Alaska, testified
in opposition to Commissioner Designee Brune's appointment. She
said Commissioner Designee Brune should not be considered due to
his prior involvement with the Pebble Mine project.
5:07:43 PM
CHRISTINA EDWIN, advocate, Defend the Sacred Alaska, Anchorage,
Alaska, testified in opposition to Commissioner Designee Brune's
appointment. She contended that Commissioner Designee Brune has
not recognized indigenous sovereignty in their relationship to
the land and is biased for permitting due to his work history.
5:10:28 PM
PENELOPE HAAS, representing self, Homer, Alaska, testified in
opposition to Commissioner Designee Brune's appointment. She
said Commissioner Designee Brune should not be considered due to
his prior involvement with the Pebble Mine project.
5:12:06 PM
MIKE FRICCERO, representing self, Kodiak, Alaska, testified in
opposition to Commissioner Designee Brune's appointment. He said
Commissioner Designee Brune should not be considered due to his
prior involvement with the Pebble Mine project.
5:14:42 PM
SUE CHRISTIANSEN, representing self, Kenai, Alaska, testified in
opposition to Commissioner Designee Brune's appointment. She
said Commissioner Designee Brune should not be considered due to
his prior involvement with the Pebble Mine project.
5:17:24 PM
MOLLY MILLER, representing self, Kodiak, Alaska, testified in
opposition to Commissioner Designee Brune's appointment. She
said Commissioner Designee Brune should not be considered due to
his prior involvement with the Pebble Mine project.
5:19:04 PM
SARAH EVANS, representing self, Dillingham, Alaska, testified in
opposition to Commissioner Designee Brune's appointment. She
said Commissioner Designee Brune should not be considered due to
his prior involvement with the Pebble Mine project.
5:21:26 PM
VIVIAN MENDENHALL, representing self, Anchorage, Alaska,
testified in opposition to Commissioner Designee Brune's
appointment. She said Commissioner Designee Brune should not be
considered because he does not have a scientific background and
had prior involvement with the Pebble Mine project.
5:24:25 PM
SHANNON MCBRIDE-MION, owner, Kachemak Bay Wilderness Lodge,
Homer, Alaska, testified in opposition to Commissioner Designee
Brune's appointment. She said Commissioner Designee Brune should
not be considered due to his prior involvement with the Pebble
Mine project.
5:26:10 PM
TOM ROLLMAN, representing self, Eagle River, Alaska, testified
in opposition to Commissioner Designee Brune's appointment. He
said Commissioner Designee Brune should not be considered due to
his prior involvement with the Pebble Mine project.
5:28:24 PM
SUE MAUGER, representing self, Homer, Alaska, testified in
opposition to Commissioner Designee Brune's appointment. She
remarked that Commissioner Designee Brune should not be
appointed because he is not a believer in climate change and is
not able to process scientific information.
5:31:12 PM
GEORGIANNA HEAVERLEY, representing self, Anchorage, Alaska,
testified in opposition to Commissioner Designee Brune's
appointment. She said Commissioner Designee Brune should not be
considered due to his prior involvement with the Pebble Mine
project.
5:32:48 PM
BONNIE LILLEY, representing self, Anchorage, Alaska, testified
in opposition to Commissioner Designee Brune's appointment. She
said Commissioner Designee Brune should not be considered due to
his prior involvement with the Pebble Mine project.
5:34:38 PM
JESSICA GIRARD, advocate, Fairbanks Climate Action Coalition,
Fairbanks, Alaska, testified in opposition to Commissioner
Designee Brune's appointment. She said Commissioner Designee
Brune should not be considered due to his prior involvement with
the Pebble Mine project.
5:35:45 PM
NICOLE AREVALO, representing self, Homer, Alaska, testified in
opposition to Commissioner Designee Brune's appointment. She
said Commissioner Designee Brune should not be considered due to
his prior involvement with the Pebble Mine project.
5:37:14 PM
DOUG MORGAN, representing self, Anchorage, Alaska, testified in
opposition to Commissioner Designee Brune's appointment. He said
Commissioner Designee Brune should not be considered due to his
prior involvement with the Pebble Mine project.
5:37:29 PM
MICHELE VASQUEZ, representing self, Soldotna, Alaska, testified
in opposition to Commissioner Designee Brune's appointment. She
said Commissioner Designee Brune should not be considered due to
his prior involvement with the Pebble Mine project as well as
not acknowledging that man causes climate change.
5:39:01 PM
MELANIE BROWN, representing self, Juneau, Alaska, testified in
opposition to Commissioner Designee Brune's appointment. She
said the State of Alaska should not act in partnership with
multi-national corporations and contended that Commissioner
Designee Brune said he would.
5:40:48 PM
CHAIR BIRCH closed public testimony.
5:41:04 PM
CHAIR BIRCH stated that in accordance with AS 39.05.080, the
Senate Resources Committee reviewed the following and recommends
the appointments be forwarded to a joint session for
consideration:
Commissioner, [Department of Environmental Conservation]
Jason Brune - Anchorage
He reminded members that signing the reports regarding
appointments to boards and commissions in no way reflects
individual members' approval or disapproval of the appointees;
the nominations are merely forwarded to the full legislature for
confirmation or rejection.
5:41:36 PM
At ease.
5:43:18 PM
CHAIR BIRCH called the committee back to order. He clarified
that Commissioner Designee Brune's appointment was for the
Department of Environmental Conservation.
5:43:59 PM
There being no further business to come before the committee,
Chair Birch adjourned the Senate Resources Standing Committee
meeting at 5:43 p.m.