Legislature(2023 - 2024)BUTROVICH 205
04/19/2023 03:30 PM Senate RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| Consideration of Governor Appointees | |
| HJR11 | |
| SB68 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HJR 11 | TELECONFERENCED | |
| += | SB 68 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE RESOURCES STANDING COMMITTEE
April 19, 2023
3:31 p.m.
MEMBERS PRESENT
Senator Click Bishop, Co-Chair
Senator Cathy Giessel, Co-Chair
Senator Bill Wielechowski, Vice Chair
Senator Scott Kawasaki
Senator James Kaufman
Senator Forrest Dunbar
Senator Matt Claman
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONSIDERATION OF GOVERNOR APPOINTEES
Board of Game
Stanley Hoffman - Bethel
David Lorring - Fairbanks
- CONFIRMATIONS ADVANCED
HOUSE JOINT RESOLUTION NO. 11
Urging the United States Environmental Protection Agency to
develop a woodstove certification program that addresses the
threat to clean and healthy winter air in Fairbanks; and urging
the state Department of Environmental Conservation to develop an
economically and legally defensible state implementation plan
for the Fairbanks North Star Borough nonattainment area.
- MOVED HJR 11 OUT OF COMMITTEE
SENATE BILL NO. 68
"An Act relating to public notice for a sale, appropriation, or
removal of water, or for filing a declaration of a right of
water; and providing for an effective date."
- HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: HJR 11
SHORT TITLE: ADDRESS AIR POLLUTION IN FAIRBANKS
SPONSOR(s): REPRESENTATIVE(s) STAPP
03/08/23 (H) READ THE FIRST TIME - REFERRALS
03/08/23 (H) RES
03/20/23 (H) RES AT 1:00 PM BARNES 124
03/20/23 (H) Moved HJR 11 Out of Committee
03/20/23 (H) MINUTE(RES)
03/22/23 (H) RES RPT 7DP
03/22/23 (H) DP: MEARS, DIBERT, MCCABE, SADDLER,
WRIGHT, RAUSCHER, MCKAY
03/27/23 (S) RES AT 3:30 PM BUTROVICH 205
03/27/23 (S) <Pending Referral>
03/29/23 (H) TRANSMITTED TO (S)
03/29/23 (H) VERSION: HJR 11
03/29/23 (S) RES AT 3:30 PM BUTROVICH 205
03/29/23 (S) <Pending Referral>
03/31/23 (S) READ THE FIRST TIME - REFERRALS
03/31/23 (S) RES
04/17/23 (S) RES AT 3:30 PM BUTROVICH 205
04/17/23 (S) Heard & Held
04/17/23 (S) MINUTE(RES)
04/19/23 (S) RES AT 3:30 PM BUTROVICH 205
BILL: SB 68
SHORT TITLE: PUBLIC NOTICE FOR WATER RIGHTS
SPONSOR(s): SENATOR(s) GIESSEL
02/10/23 (S) READ THE FIRST TIME - REFERRALS
02/10/23 (S) RES
03/15/23 (S) RES AT 3:30 PM BUTROVICH 205
03/15/23 (S) Heard & Held
03/15/23 (S) MINUTE(RES)
03/24/23 (S) RES AT 3:30 PM BUTROVICH 205
03/24/23 (S) <Bill Hearing Canceled>
04/19/23 (S) RES AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
STANLEY HOFFMAN, Governor Appointee
Board of Game
Alaska Department of Fish and Game
Bethel, Alaska
POSITION STATEMENT: Testified for reappointment to the Board of
Game.
DAVID LORRING, Governor Appointee
Board of Game
Alaska Department of Fish and Game
Fairbanks, Alaska
POSITION STATEMENT: Testified as an appointee to the Board of
Game.
MARK RICHARDS, Executive Director
Resident Hunters of Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in support of the appointment of
David Lorring to the Board of Game.
DAVID PRUHS, Mayor
City of Fairbanks
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HJR 11.
JASON OLDS, Acting Director
Division of Air Quality
Department of Environmental Conservation
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HJR
11.
RYAN RIVERS, Staff
Senator Cathy Giessel
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the changes between version B and
version U of SB 68.
CRYSTAL KOENEMAN, Legislative Liaison
Department of Environmental Conservation (DEC)
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on SB
68.
ACTION NARRATIVE
3:31:07 PM
CO-CHAIR CLICK BISHOP called the Senate Resources Standing
Committee meeting to order at 3:31 p.m. Present at the call to
order were Senators Dunbar, Kawasaki, Kaufman, Co-Chair Giessel,
and Co-Chair Bishop. Senators Wielechowski and Claman arrived
soon thereafter.
^ CONSIDERATION OF GOVERNOR APPOINTEES
CONSIDERATION OF GOVERNOR APPOINTEES
BOARD OF GAME
3:32:20 PM
CO-CHAIR BISHOP announced confirmation hearings for governor
appointees to the Board of Game.
3:32:34 PM
SENATOR WIELECHOWSKI joined the committee.
3:32:46 PM
STANLEY HOFFMAN, Governor Appointee, Board of Game, Alaska
Department of Fish and Game, Bethel, Alaska, testified as an
appointee to the Board of Game. He relayed his personal history
and professional credentials. He and his family enjoy the
subsistence lifestyle and all it has to offer. He was an
assistant guide in Unit 19B for about 20 years until 2017. He is
a commercial fisherman but the area he fished was closed due to
no fish in 2007. His hope is that commercial fishing returns
someday. He has served on the board since he was first appointed
by Governor Palin. He looks forward to continuing to serve, if
reconfirmed.
CO-CHAIR BISHOP thanked him for his service to the state.
CO-CHAIR BISHOP asked Mr. Lorring to provide his testimony.
3:35:07 PM
DAVID LORRING, Governor Appointee, Board of Game, Alaska
Department of Fish and Game, Fairbanks, Alaska, testified as an
appointee to the Board of Game. He read a prepared statement to
introduce himself. He recounted his personal history and
professional credentials. He moved to Alaska in 1974 and became
a Wildlife Trooper in 1976. He was a DPS liaison to the Big Game
Commercial Services Board from inception until 2009. He is
knowledgeable about the Board of Game process. He has an airline
transport certificate and advanced ground instructor rating. He
recounted his volunteer activities. He and his family have been
active in subsistence hunting and fishing and he shares with
others who are not able to provide for themselves. He is a
licensed falconer and worked to develop a manual that the Board
of Game adopted in regulation in 1997. He looks forward to
serving if he is confirmed.
CO-CHAIR BISHOP found no questions.
3:39:34 PM
CO-CHAIR BISHOP opened public testimony on the appointment of
Stanley Hoffman and David Lorring to the Board of Game.
3:39:50 PM
MARK RICHARDS, Executive Director, Resident Hunters of Alaska,
Anchorage, Alaska, stated that he was representing the 3,200
plus members statewide in support of the appointment of Dave
Lorring to the Board of Game. His experience and knowledge of
the board process is unparalleled. He is a former Alaska
Wildlife Trooper, pilot, and game warden. After that he had a
long career in commercial aviation serving remote areas. He had
been involved in falconry for many years and had been involved
in wildlife processes since he left the Troopers. He thanked
Governor Dunleavy for appointing Dave Lorring to the Board of
Game and encouraged the committee to support his confirmation.
3:42:02 PM
CO-CHAIR BISHOP closed public testimony on the Board of Game
appointments.
3:42:21 PM
CO-CHAIR GIESSEL thanked the appointees.
She stated that the Senate Judiciary Committee reviewed the
following and recommends the appointments be forwarded to a
joint session for consideration:
Board of Game
Stanley Hoffman - Bethel
David Lorring - Fairbanks
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.
3:42:56 PM
CO-CHAIR BISHOP stated that the names would be forwarded to the
full legislature for consideration.
3:43:06 PM
At ease
HJR 11-ADDRESS AIR POLLUTION IN FAIRBANKS
3:44:53 PM
CO-CHAIR BISHOP reconvened the meeting and announced the
consideration of HOUSE JOINT RESOLUTION NO. 11 Urging the United
States Environmental Protection Agency to develop a woodstove
certification program that addresses the threat to clean and
healthy winter air in Fairbanks; and urging the state Department
of Environmental Conservation to develop an economically and
legally defensible state implementation plan for the Fairbanks
North Star Borough nonattainment area.
CO-CHAIR BISHOP opened public testimony on HJR 11.
3:45:23 PM
DAVID PRUHS, Mayor, City of Fairbanks, Fairbanks, Alaska,
Testified in support of HJR 11. He stated that 80-85 percent of
the PM2.5 fine particulate matter is caused by woodstoves and
that is what the resolution addresses. He highlighted that the
Environmental Protection Agency (EPA) has threatened to take
measures against the transportation and heating industries in
the Fairbanks area even though those industries are not
responsible for the PM2.5 issue. He reiterated support for HJR
11.
3:46:17 PM
CO-CHAIR BISHOP closed public testimony on HJR 11.
3:46:42 PM
SENATOR KAWASAKI referenced the first "Further Resolved"
statement that says DEC will continue efforts to develop and
defend the PM2.5 implementation plan. He asked what DEC would do
in that regard.
3:47:33 PM
JASON OLDS, Acting Director, Division of Air Quality, Department
of Environmental Conservation, Juneau, Alaska, stated that DEC
is defending the plan when it submits amendments and supplements
the Administrative Record to ensure it represents the best
interests of Alaska. DEC is trying to support the plan it
developed, using stakeholder engagement from the community, as a
guide for what will address the issues and clean the air. DEC
will continue these efforts.
CO-CHAIR GIESSEL said she understands the problem and supports
the resolution. She also expressed hope that the resolution
would have the side benefit of helping encourage Fairbanks
smokers stop smoking.
CO-CHAIR BISHOP commented on the difference between carbureted
engines in automobiles versus the new fuel-injected engines. He
asked Mr. Olds if he agreed that fuel-injected engines have
helped to cut emissions in Fairbanks.
MR. OLDS said fuel-injected technologies and catalytic
converters helped to resolve some of the CO issues, but the PM
contribution from automobiles is minimal.
SENATOR KAWASAKI wondered whether an amendment was needed on
page 4, line 11 to remove the second reference to the President
of the United States.
3:51:25 PM
At ease
3:51:40 PM
CO-CHAIR BISHOP reconvened the meeting and recognized Senator
Dunbar.
3:51:46 PM
SENATOR DUNBAR said he believes the language is accurate. Kamala
Harris is identified as Vice President of the United States and
President of the U.S. Senate.
CO-CHAIR BISHOP thanked the members and solicited a motion.
3:52:10 PM
CO-CHAIR GIESSEL moved to report HJR 11, work order 33-LS0548\A,
from committee with individual recommendations and attached
fiscal note(s).
3:52:30 PM
CO-CHAIR BISHOP found no objection and SJR 11 was reported from
the Senate Resources Standing Committee.
3:52:32 PM
At ease
SB 68-PUBLIC NOTICE FOR WATER RIGHTS
3:55:20 PM
CO-CHAIR BISHOP reconvened the meeting and announced the
consideration of SENATE BILL NO. 68 "An Act relating to public
notice for a sale, appropriation, or removal of water, or for
filing a declaration of a right of water; and providing for an
effective date."
He solicited a motion to adopt the committee substitute (CS).
3:55:30 PM
CO-CHAIR GIESSEL moved to adopt the committee substitute (CS)
for SB 68, work order 32-LS0412\U, as the working document.
3:55:41 PM
CO-CHAIR BISHOP objected for purposes of discussion and invited
Mr. Rivers to present the changes.
3:55:55 PM
CO-CHAIR GIESSEL explained that the CS expanded the original
bill to cover land and water functions from both DNR and DEC. It
also provides the option for newspaper published public notices
in addition to the Alaska Online Public Notice System. The
departments will make the judgement call as to which notice to
use based on the audience.
CO-CHAIR BISHOP listed the individuals available to answer
questions.
3:57:27 PM
RYAN RIVERS, Staff, Senator Cathy Giessel, Alaska State
Legislature, Juneau, Alaska, presented the changes between
version B and version U of SB 68.
[Original punctuation provided.]
Version B to version U
The CS changes are as follows:
1. The title of the bill changes to include all
public notices by departments.
2. Renumbers version B's section 1-3 to section 11-
13.
3. On pages 1-6 and on page 7, line 1-28, Version U
adds the following sections to the bill to amend
current statutes:
a. Section 1 - allows public notice for
recreational facility development using the
Alaska Online Public Notice System or by a
newspaper of general circulation within the
affected area.
b. Section 2 - allows public notice for
soliciting proposals from persons
interesting in leasing land for recreational
facilities development using the Alaska
Online Public Notice System or by a
newspaper of general circulation within the
affected area.
c. Section 3 - allows public notice for leasing
lands for mining using Alaska Online Public
Notice System, or by a newspaper of general
circulation within the affected area.
d. Section 4 - allows public notice for related
land functions under this statute via the
Alaska Online Public Notice System or by a
newspaper of general circulation within the
affected area, in addition to other means as
required.
e. Section 5 - allows public notice using the
Alaska Online Public Notice System or a
newspaper of general circulation within the
affected area, in addition to other means as
required.
f. Section 6 - strikes the word "written". g.
Section 7 - strikes language regarding
public notice in a newspaper or trade or
industry publication and related language.
h. Section 8 - allows public notices
regarding regulations that incorporate
documents or other material by reference via
the Alaska Online Public Notice System, or
by a newspaper of general circulation within
the affected area. i. Section 9 - strike the
word "written".
j. Section 10 - allow public notice for
inviting public comment on a general permit
via the Alaska Online Public Notice System,
or by a newspaper of general circulation
within the affected area, for a period of
thirty days.
4. Section 11, page 8, line 4-7, adds the option for
a newspaper notice regarding public waters; this
is in addition to the alternative public notice
option via the Alaska Online Public Notice
System.
5. Section 12, page 8, line 13-18, adds the option
for a newspaper notice regarding public waters;
this is in addition to the alternative public
notice option via the Alaska Online Public Notice
System.
4:00:54 PM
CO-CHAIR BISHOP asked if there were questions.
4:01:05 PM
SENATOR KAWASAKI asked whether notices could be in both the
newspaper and the online system.
MR. RIVERS replied that the bill allows either posting through
the Online Public Notice System or a newspaper. He didn't
believe it would be contrary to the bill if an agency were to
provide notice both ways.
CO-CHAIR BISHOP asked Crystal Koeneman to comment.
4:02:16 PM
CRYSTAL KOENEMAN, Legislative Liaison, Department of
Environmental Conservation (DEC), Juneau, Alaska, stated that
the department would look at the area and determine the best way
to reach the affected constituency in the broadest means
possible. If that means posting online as well as in a newspaper
in the area, the department will have that discretion.
SENATOR WIELECHOWSKI asked what percentage of notices currently
are posted on the Online Public Notice System.
MS. KOENEMAN replied that all of DEC's notices are posted online
and in the paper.
SENATOR WIELECHOWSKI asked if the department would oppose a
requirement to post on the Online Public Notice System.
MS. KOENEMAN replied no, that's what DEC currently does because
it reaches the broadest audience.
SENATOR WIELECHOWSKI said his one concern is that without that
requirement, a future administration may make a different policy
call. He also expressed interest in accommodating people who do
not have access to online publications.
MS. KOENEMAN restated that DEC would look at the affected area
to determine the best possible way to reach the constituency,
which may mean posting notices in a local newspaper.
4:04:53 PM
SENATOR CLAMAN voiced support for limiting discretion and having
a standard for publishing public notices. Options could be
available but they should be in addition to the standard.
CO-CHAIR GIESSEL explained that the original bill moved the
notices to the Online Public Notice System because it provides
extensive distribution throughout the state, and it is less
expensive. Newspaper editors objected to being excluded and the
CS provides that option. She acknowledged that a local newspaper
may be a more effective means for public notices in some
rural/remote areas.
4:06:40 PM
CO-CHAIR BISHOP commented on the advent of low orbit satellites
and highlighted that many of his constituents in rural Alaska
are finding that service to their liking.
4:07:37 PM
CO-CHAIR BISHOP removed his objection and version U was adopted.
CO-CHAIR BISHOP stated he would hold SB 68 in committee.
4:08:22 PM
There being no further business to come before the committee,
Co-Chair Bishop adjourned the Senate Resources Standing
Committee meeting at 4:08 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Board of Game Stanley Hoffman App.pdf |
SRES 4/19/2023 3:30:00 PM |
|
| Support Letters Stanley Hoffman.pdf |
SRES 4/19/2023 3:30:00 PM |
|
| Board of Game David Lorrring App + Resume.pdf |
SRES 4/19/2023 3:30:00 PM |
|
| Support Letters David Lorring.pdf |
SRES 4/19/2023 3:30:00 PM |
|
| SB 68 CS WORKDRAFT Version U 04.19.23.pdf |
SRES 4/19/2023 3:30:00 PM |
SB 68 |
| SB 68 Sponsor Statement ver. U 04.18.23.pdf |
SRES 4/19/2023 3:30:00 PM |
SB 68 |
| SB 68 Explanation of Changes ver. B to U 04.19.23.pdf |
SRES 4/19/2023 3:30:00 PM |
SB 68 |
| SB 68 Sectional Analysis ver. U 04.19.23.pdf |
SRES 4/19/2023 3:30:00 PM |
SB 68 |
| SB 68 Public Testimony through 04.18.23.pdf |
SRES 4/19/2023 3:30:00 PM |
SB 68 |