ALASKA STATE LEGISLATURE                                                                                  
              SENATE RESOURCES STANDING COMMITTEE                                                                             
                         April 23, 2021                                                                                         
                           3:33 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Joshua Revak, Chair                                                                                                     
Senator Peter Micciche, Vice Chair                                                                                              
Senator Natasha von Imhof                                                                                                       
Senator Jesse Kiehl                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Click Bishop                                                                                                            
Senator Gary Stevens                                                                                                            
Senator Scott Kawasaki                                                                                                          
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 115 AM                                                                                                           
"An Act  relating to  aquatic farming  and hatchery  site leases;                                                               
and requiring  the director of  the division of lands  to provide                                                               
the  legislature  with  an  annual  report  relating  to  aquatic                                                               
farming and hatchery site leases."                                                                                              
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 44                                                                                                              
"An Act requiring  the Board of Fisheries  to prioritize personal                                                               
use fisheries  when implementing fishing restrictions  to achieve                                                               
a management goal."                                                                                                             
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PRESENTATION: SUSITNA WATANA HYDROELECTRIC PROJECT                                                                              
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
HOUSE BILL NO. 10                                                                                                               
"An Act relating to the Funter  Bay marine park unit of the state                                                               
park system; relating to protection  of the social and historical                                                               
significance  of  the Unangax  cemetery  located  in Funter  Bay;                                                               
providing  for  the amendment  of  the  management plan  for  the                                                               
Funter Bay marine park unit; and providing for an effective                                                                     
date."                                                                                                                          
                                                                                                                                
     - PENDING REFERRAL                                                                                                         
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 115                                                                                                                  
SHORT TITLE: AQUATIC FARMING & HATCHERY SITE LEASES                                                                             
SPONSOR(s): REPRESENTATIVE(s) STORY                                                                                             
                                                                                                                                
02/24/21       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/24/21       (H)       FSH, RES                                                                                               
03/04/21       (H)       FSH AT 11:00 AM GRUENBERG 120                                                                          
03/04/21       (H)       Heard & Held                                                                                           
03/04/21       (H)       MINUTE(FSH)                                                                                            
03/09/21       (H)       FSH AT 11:00 AM GRUENBERG 120                                                                          
03/09/21       (H)       Moved HB 115 Out of Committee                                                                          
03/09/21       (H)       MINUTE(FSH)                                                                                            
03/10/21       (H)       FSH RPT 7DP                                                                                            
03/10/21       (H)       DP: VANCE, STUTES, STORY, MCCABE,                                                                      
                         KREISS-TOMKINS, ORTIZ, TARR                                                                            
03/19/21       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/19/21       (H)       Heard & Held                                                                                           
03/19/21       (H)       MINUTE(RES)                                                                                            
03/22/21       (H)       RES AT 1:00 PM BARNES 124                                                                              
03/22/21       (H)       Moved HB 115 Out of Committee                                                                          
03/22/21       (H)       MINUTE(RES)                                                                                            
03/24/21       (H)       RES RPT 4DP 3NR                                                                                        
03/24/21       (H)       DP: SCHRAGE, GILLHAM, HANNAN, PATKOTAK                                                                 
03/24/21       (H)       NR: RAUSCHER, HOPKINS, CRONK                                                                           
03/31/21       (H)       TRANSMITTED TO (S)                                                                                     
03/31/21       (H)       VERSION: HB 115 AM                                                                                     
04/07/21       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/07/21       (S)       RES                                                                                                    
04/23/21       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB 44                                                                                                                   
SHORT TITLE: PERSONAL USE FISHING PRIORITY                                                                                      
SPONSOR(s): SENATOR(s) KAWASAKI                                                                                                 
                                                                                                                                
01/25/21       (S)       PREFILE RELEASED 1/15/21                                                                               
01/25/21       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/25/21       (S)       RES, FIN                                                                                               
04/23/21       (S)       RES AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE ANDI STORY                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of HB 115.                                                                                        
                                                                                                                                
GREG SMITH, Staff                                                                                                               
Representative Andi Story                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented the changes in the Senate                                                                       
committee substitute for HB 115.                                                                                                
                                                                                                                                
HEATHER MCCARTY, Chair                                                                                                          
Alaska Mariculture Task Force (AMTF)                                                                                            
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified on HB 115 by invitation.                                                                        
                                                                                                                                
ERIC WYATT, President                                                                                                           
Alaska Shellfish Growers Association (ASGA)                                                                                     
Tokeen Cove, Alaska                                                                                                             
POSITION STATEMENT: Testified on HB 115 by invitation.                                                                        
                                                                                                                                
PAUL FUHS, representative                                                                                                       
Alaska Long Neck Farms                                                                                                          
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified on HB 115 by invitation.                                                                        
                                                                                                                                
CHRISTY COLLES, Chief of Operations                                                                                             
Division of Mining, Land, and Water                                                                                             
Department of Natural Resources                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Addressed questions and provided information                                                              
related to HB 115.                                                                                                              
                                                                                                                                
JOE HAYES, Staff                                                                                                                
Senator Scott Kawasaki                                                                                                          
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Introduced SB 44 on behalf of the sponsor.                                                                
                                                                                                                                
CURTIS THAYER, Executive Director                                                                                               
Alaska Energy Authority (AEA)                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Presented an overview of the Susitna-Watana                                                               
Hydroelectric Project.                                                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:33:51 PM                                                                                                                    
CHAIR  JOSHUA   REVAK  called   the  Senate   Resources  Standing                                                             
Committee meeting  to order at 3:33  p.m. Present at the  call to                                                               
order were Senators Micciche, Kiehl, von Imhof, and Chair Revak.                                                                
                                                                                                                                
At ease 3:35-3:36                                                                                                               
                                                                                                                                
         HB 115-AQUATIC FARMING & HATCHERY SITE LEASES                                                                      
                                                                                                                                
3:36:55 PM                                                                                                                    
CHAIR REVAK announced the consideration  of HOUSE BILL NO. 115 am                                                               
"An Act  relating to  aquatic farming  and hatchery  site leases;                                                               
and requiring  the director of  the division of lands  to provide                                                               
the  legislature  with  an  annual  report  relating  to  aquatic                                                               
farming and hatchery site leases."                                                                                              
                                                                                                                                
3:37:11 PM                                                                                                                    
REPRESENTATIVE  ANDI  STORY,  Alaska State  Legislature,  Juneau,                                                               
Alaska,   sponsor  of   HB   115,   introduced  the   legislation                                                               
paraphrasing the following sponsor statement:                                                                                   
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     House  Bill 115  simplifies the  Department of  Natural                                                                    
     Resources  (DNR)  lease  renewal  process  for  aquatic                                                                    
     farms  to  support  Alaska's aquaculture  sector  while                                                                    
     reducing administrative  overhead. Examples  of aquatic                                                                    
     farm   products  include   oysters,  kelp,   and  other                                                                    
     shellfish. HB115  makes the aquatic farm  lease renewal                                                                    
     process consistent  with the renewal process  for other                                                                    
     DNR  leases such  as agricultural  grazing, cabins  and                                                                    
     lodges,  fish   processing  docks,   and  hydroelectric                                                                    
     facilities.  HB 115  does  not  affect salmon  hatchery                                                                    
     leases.                                                                                                                    
                                                                                                                                
     If  enacted, HB115  would  expedite  the lease  renewal                                                                    
     process  lowering the  risk  for businesses  investment                                                                    
     and  reducing the  workload of  an overstretched  state                                                                    
     agency.                                                                                                                    
                                                                                                                                
     Current statute  requires DNR  to approve  both initial                                                                    
     and  renewal   aquatic  farm  leases  using   the  same                                                                    
     process,  called a  "945  authorization" (referring  to                                                                    
     the adjudication process found  in AS 38.05.945), which                                                                    
     takes around  200 days. HB115 would  allow aquatic farm                                                                    
     or hatchery renewals  to be renewed in  the same manner                                                                    
     as  most  DNR  leases  like those  listed  above.  This                                                                    
     optional process  allows the  Director of  the Division                                                                    
     of  Mining, Land  and  Water  to renew  a  lease for  a                                                                    
     business  in good  standing and  takes around  90 days.                                                                    
     Applied    to   aquatic    businesses,   this    option                                                                    
     significantly  shortens   the  renewal   process  while                                                                    
     continuing appropriate regulatory  oversight and public                                                                    
     engagement.                                                                                                                
                                                                                                                                
     HB115 also requires DNR to  submit an initial report on                                                                    
     the backlog  of pending aquatic farm  and hatchery site                                                                    
     lease  applications,   estimate  economic   impacts  of                                                                    
     pending   leases,  and   provide  recommendations   for                                                                    
     streamlining  the  lease approval  process.  Subsequent                                                                    
     annual  reports would  detail  the application  backlog                                                                    
     and list  the number of leases  renewals that underwent                                                                    
     the time-intensive lease renewal process.                                                                                  
                                                                                                                                
     This bill  makes clear  ecotourism and  educational use                                                                    
     of sites is allowed,  and explicitly prohibits DNR from                                                                    
     charging   additional  fees   for  persons   using,  or                                                                    
     traversing, land leased for  aquatic farms and hatchery                                                                    
     sites.                                                                                                                     
                                                                                                                                
     I respectfully ask  for your support in  the passage of                                                                    
     HB115                                                                                                                      
                                                                                                                                
REPRESENTATIVE  STORY  advised  that the  House  floor  amendment                                                               
specified   that  the   required   reports   must  be   delivered                                                               
electronically. She expressed appreciation  for the efficient and                                                               
cost-saving  measure. She  highlighted that  DNR brought  forward                                                               
two issues  after the bill  passed the  House, both of  which are                                                               
addressed in  the proposed Senate committee  substitute. She said                                                               
her staff would present the proposed changes.                                                                                   
                                                                                                                                
3:41:08 PM                                                                                                                    
GREG  SMITH,  Staff,  Representative  Andi  Story,  Alaska  State                                                               
Legislature,  Juneau,  Alaska,  explained  that  the  issues  DNR                                                               
brought forward  have to  do with the  term "ecotourism"  and the                                                               
prohibition of fees in subsection  (h). Because ecotourism is not                                                               
defined in statute  the plain meaning is used,  and that includes                                                               
"tourism   directed   towards   exotic  or   threatened   natural                                                               
environments." The  concern was that  aquatic farm sites  may not                                                               
be considered  exotic or threatened  and therefore  the allowance                                                               
in subsection (h) would not stick.                                                                                              
                                                                                                                                
The second  change appears  in the  prohibition of  fees section.                                                               
The  concern was  that the  previous language  was too  broad and                                                               
would  have  prevented  the department  from  charging  fees  for                                                               
several things  they currently  charge for,  including amendments                                                               
or changes to  leases, subleases, or transfers of  leases. The CS                                                               
narrows the  prohibition on fees  that the department  can charge                                                               
to  not  allowing fees  for  tourism  enterprises or  educational                                                               
purposes.  The sponsor  understood that  was the  original intent                                                               
when it  was added in  Senate Finance  last year. He  offered his                                                               
understanding that  people in the  industry do not object  to the                                                               
proposed changes in version O.                                                                                                  
                                                                                                                                
CHAIR REVAK asked for a motion to adopt the Senate CS.                                                                          
                                                                                                                                
3:43:12 PM                                                                                                                    
SENATOR MICCICHE  moved to adopt  the work draft [Senate]  CS for                                                               
HB 115, work order 32-LS0299\O.                                                                                                 
                                                                                                                                
3:43:26 PM                                                                                                                    
CHAIR  REVAK   found  no  objection  and   the  Senate  committee                                                               
substitute, version O, was adopted.                                                                                             
                                                                                                                                
CHAIR REVAK announced invited testimony.                                                                                        
                                                                                                                                
3:43:48 PM                                                                                                                    
HEATHER  MCCARTY, Chair,  Alaska Mariculture  Task Force  (AMTF),                                                               
Juneau, Alaska, stated strong support  for the [Senate] CS for HB                                                               
115.  She said  AMTF believes  this legislation  is an  important                                                               
part  of  the  larger  plan  to  fully  develop  the  mariculture                                                               
industry in Alaska. AMTF also  believes this industry can play an                                                               
important role  in Alaska's economic recovery  from COVID-19, and                                                               
HB 115 is central to realize that potential.                                                                                    
                                                                                                                                
MS.  MCCARTY related  that when  the  task force  was created  in                                                               
2016, Governor Walker  appointed a wide range  of stakeholders as                                                               
members.  In  2018 the  task  force  completed the  comprehensive                                                               
Alaska  Mariculture Development  Plan  that specifically  focused                                                               
on: education  and outreach, science and  research, marketing and                                                               
processing, and  regulatory and statutory  changes that  might be                                                               
necessary to remove obstacles to  the development of mariculture.                                                               
Several DNR issues  were identified in the process and  HB 115 is                                                               
the result of some of the  findings in the strategic plan. By the                                                               
end of 2019, the task force  released a five-year action plan and                                                               
that too  recognized the need  for both regulatory  and statutory                                                               
changes to  remove obstacles to  the development  of mariculture.                                                               
She highlighted  that Governor Dunleavy continued  the task force                                                               
when  he  was  elected  because  he  shares  the  vision  of  the                                                               
important role mariculture could play in the state.                                                                             
                                                                                                                                
3:47:02 PM                                                                                                                    
MS. MCCARTY  informed the  committee that  HB 115,  including the                                                               
[Senate] committee  substitute, has broad stakeholder  support as                                                               
an  important step  in developing  the  mariculture industry.  In                                                               
summary,  the  bill will  align  the  lease renewal  process  for                                                               
aquatic  farms and  hatcheries to  the renewal  process for  most                                                               
other types of  state leases. This will simplify  and shorten the                                                               
current process,  reduce the workload  on DNR staff,  and provide                                                               
added  certainty  for   mariculture/aquaculture  businesses.  The                                                               
simpler   reporting  requirements   for   DNR   will  allow   the                                                               
legislature to better  track and understand the  industry, and it                                                               
establishes in  statute that  tourism and  educational activities                                                               
are allowed on aquatic farm and hatchery sites.                                                                                 
                                                                                                                                
CHAIR REVAK thanked her and requested her testimony in writing.                                                                 
                                                                                                                                
MS. MCCARTY agreed to provide it.                                                                                               
                                                                                                                                
3:48:45 PM                                                                                                                    
ERIC  WYATT,  President,  Alaska  Shellfish  Growers  Association                                                               
(ASGA), Tokeen Cove, Alaska, stated  ASGA is primarily made up of                                                               
oyster  farms  from Homer  to  Ketchikan.  He  related he  was  a                                                               
longtime  member of  the Alaska  Mariculture Task  Force and  the                                                               
director of  Oceans Alaska Science  Center Shellfish  Hatchery in                                                               
Ketchikan. He has  been aquatic farming for nearly  20 years, and                                                               
as such has been involved  in lease renewals, initial leases, and                                                               
all types of lease modification.                                                                                                
                                                                                                                                
MR. WYATT described  HB 115 as a worthwhile  means to responsibly                                                               
improve the aquatic  farming lease program. On behalf  of ASGA he                                                               
stated support  for HB 115  and encouraged the committee  to pass                                                               
it.                                                                                                                             
                                                                                                                                
CHAIR  REVAK requested  he  submit his  testimony  in writing  to                                                               
sres@akleg.gov.                                                                                                                 
                                                                                                                                
3:51:04 PM                                                                                                                    
PAUL  FUHS, representative,  Alaska Long  Neck Farms,  Anchorage,                                                               
Alaska,  stated  that  for  the  last 15  years  he  has  been  a                                                               
commercial  diver in  the Geoduck  mariculture  industry, and  he                                                               
holds  a lease  site near  Ketchikan. He  said HB  115 is  a good                                                               
bill, but it would be very  helpful to the Geoduck industry if it                                                               
were amended  to accommodate the  specific nature of  the biology                                                               
of  geoducks.  He explained  that  this  large  clam grows  to  a                                                               
kilogram  in size,  reaches  maturity  approximately seven  years                                                               
after it is  planted, and can sell for  $20-$30 apiece, primarily                                                               
in  the Chinese  markets. The  issue is  that once  the lease  is                                                               
issued, DNR requires the commercial  entity to sell $15,000 worth                                                               
of product a year. This is  not possible in the first seven years                                                               
for  Geoduck farms,  and in  later years  there are  a number  of                                                               
reasons a Geoduck  would not be harvested. Some  of these reasons                                                               
are the  farm may have  paralytic shellfish poisoning,  there may                                                               
be  a  trade  war  with China,  and  COVID-19.  Fortunately,  the                                                               
biology  of geoducks  does not  require annual  harvesting. If  a                                                               
geoduck is  not harvested one year,  it is left in  the ground to                                                               
get larger. He noted these large clams live up to 150 years.                                                                    
                                                                                                                                
MR. FUHS said the DNR lease  requirement is a major impediment to                                                               
investment because failure  to sell $15,000 of product  a year is                                                               
grounds  for  lease  revocation.  The department  has  said  this                                                               
requirement  would  be  selectively  enforced, but  that  is  not                                                               
sufficient  assurance for  some  investors. He  said Alaska  Long                                                               
Neck Farms  requests the committee amend  HB 115 to say  proof of                                                               
the use  of the lease  is the planting  of the Geoduck  seed, not                                                               
the arbitrary dollar amount of sales.                                                                                           
                                                                                                                                
3:55:11 PM                                                                                                                    
MR.  FUHS described  a separate  issue  that leases  can only  be                                                               
renewed once,  and again requested  the committee amend  the bill                                                               
as he previously described.                                                                                                     
                                                                                                                                
CHAIR REVAK asked Ms. Colles to  respond to Mr. Fuhs' request for                                                               
an amendment to bind the lease to planting the Geoduck seed.                                                                    
                                                                                                                                
3:57:22 PM                                                                                                                    
CHRISTY COLLES,  Chief of Operations,  Division of  Mining, Land,                                                               
and Water,  Department of  Natural Resources,  Anchorage, Alaska,                                                               
acknowledged the  regulations were out  of date and said,  "It is                                                               
something that  we recognize needs  to be addressed when  we redo                                                               
our regulations."  She noted both that  current regulations allow                                                               
the department to  account for factors that might  cause a farmer                                                               
to fail  to sell their product,  and that the department  has not                                                               
denied or revoked  any leases based on the inability  to meet the                                                               
commercial use requirement.                                                                                                     
                                                                                                                                
3:58:41 PM                                                                                                                    
SENATOR VON  IMHOF asked  when the  department expects  to review                                                               
those regulations.                                                                                                              
                                                                                                                                
MS.  COLLES  estimated  it  would  be  another  year  before  the                                                               
department started to work on aquatic farm regulations.                                                                         
                                                                                                                                
SENATOR VON IMHOF  asked if the regulations address  the issue of                                                               
just one lease renewal.                                                                                                         
                                                                                                                                
MS. COLLES replied, HB 115  would allow renewal for an additional                                                               
term without repeating  the initial process that  involves a best                                                               
interest finding, public  comment, and a decision.  After that, a                                                               
second decision process would be necessary.                                                                                     
                                                                                                                                
SENATOR VON IMHOF  summarized her understanding of  what the bill                                                               
would  provide in  terms of  a lease  renewal and  that after  20                                                               
years Mr. Fuhs would need  make a new application and potentially                                                               
pay $40,000. She asked if that was correct.                                                                                     
                                                                                                                                
MS. COLLES answered no; Mr. Fuhs  would not need to do the survey                                                               
or  appraisal unless  he wanted  to pursue  a lease  with a  term                                                               
longer than 10 years. The  statute allows the department to issue                                                               
leases for  up to 55  years, but after  10 years an  appraisal is                                                               
required for  that lease.  She added, "He  would have  to reapply                                                               
after he got another renewal; we  would have to adjudicate and if                                                               
he wanted to  remain at a 10-year lease he  would not be required                                                               
to get a survey or an appraisal."                                                                                               
                                                                                                                                
4:01:31 PM                                                                                                                    
SENATOR  VON  IMHOF  asked  if  a  leaseholder  could  be  fairly                                                               
confident they could  get three 10-year lease renewals  in a row,                                                               
thereby  avoiding  the  need  for  an  appraisal  and  the  other                                                               
requirements.                                                                                                                   
                                                                                                                                
MS.  COLLES  answered  that  is   correct;  the  leaseholder  can                                                               
continue to request the lease be  renewed after 10 years and they                                                               
would not  be required to pay  the fees. Furthermore, as  long as                                                               
the leaseholder  is not in default  and the lease is  found to be                                                               
in the  best interest  of the state,  the department  could renew                                                               
the lease  for any number of  terms. There is a  decision process                                                               
at the  end of  the first  renewal of similar  term to  allow the                                                               
public to comment  and perhaps cause the department  to decide to                                                               
go  in a  different direction.  However,  she said  that has  not                                                               
happened in the 15 years she has been in her current position.                                                                  
                                                                                                                                
4:02:46 PM                                                                                                                    
SENATOR VON IMHOF asked if the department allows bidding wars.                                                                  
                                                                                                                                
MS. COLLES answered  no. There could be  a competing application,                                                               
but that has not happened for an aquatic farm.                                                                                  
                                                                                                                                
4:03:18 PM                                                                                                                    
SENATOR KIEHL  noted that Section  4 removes the ability  for the                                                               
commissioner to  deny an  application to renew  a lease  for good                                                               
cause. He asked if the  department retains that ability elsewhere                                                               
in the statute.                                                                                                                 
                                                                                                                                
MS.  COLLES  answered yes;  the  department  has the  ability  to                                                               
review the lease and case file  to ensure it is in good standing,                                                               
and a renewal  may be denied for good cause.  DNR may also choose                                                               
to not  renew a lease through  the expedited process if  there is                                                               
reason  to  believe  a  full   review  and  decision  process  is                                                               
necessary.  At  the end  of  this  process  there is  always  the                                                               
ability for the farmer or public to appeal.                                                                                     
                                                                                                                                
4:05:00 PM                                                                                                                    
CHAIR  REVAK  asked  Mr.  Fuhs  to  work  with  the  sponsor.  He                                                               
announced he would hold HB 115 in committee.                                                                                    
                                                                                                                                
              SB 44-PERSONAL USE FISHING PRIORITY                                                                           
                                                                                                                                
4:05:11 PM                                                                                                                    
CHAIR REVAK  announced the  consideration of  SENATE BILL  NO. 44                                                               
"An Act requiring  the Board of Fisheries  to prioritize personal                                                               
use fisheries  when implementing fishing restrictions  to achieve                                                               
a management goal."                                                                                                             
                                                                                                                                
4:05:42 PM                                                                                                                    
JOE   HAYES,  Staff,   Senator  Scott   Kawasaki,  Alaska   State                                                               
Legislature,  Juneau,  Alaska,  introduced   SB  44  reading  the                                                               
sponsor statement into the record:                                                                                              
                                                                                                                                
     Excluding   the  priority   already   in  statute   for                                                                    
     subsistence, SB  44 directs the  Board of  Fisheries to                                                                    
     place  restrictions on  sport and  commercial fisheries                                                                    
     before putting  restrictions on personal  use fisheries                                                                    
     when  the harvest  is limited  to achieve  a management                                                                    
     goal.                                                                                                                      
                                                                                                                                
     Fisheries  that are  restricted to  residents only  are                                                                    
     intended to  enable Alaskans to access  their fisheries                                                                    
     resources  for  their  personal  use  and  consumption.                                                                    
     Ensuring that residents have  access to these fisheries                                                                    
     resources is  vitally important as we  continue to grow                                                                    
     as  a  state. All  Alaskans  can  agree that  residents                                                                    
     should  be prioritized  for  harvest  of our  fisheries                                                                    
     resources before  users from  elsewhere in  the country                                                                    
     and the world.                                                                                                             
                                                                                                                                
     Currently,   there  are   41  personal   use  fisheries                                                                    
     throughout   the  state.   Harvested  species   include                                                                    
     salmon,  whitefish,   shrimp,  clams,   crab,  scallop,                                                                    
     herring,  smelt,  abalone,  sea cucumber,  halibut  and                                                                    
     more.  Nearly  50,000  Alaskans rely  on  personal  use                                                                    
     fisheries  every  year  to put  food  on  their  family                                                                    
     dinner  table.  Personal  use  fisheries  provide  food                                                                    
     security,  contribute to  the economy  and support  the                                                                    
     Alaskan traditions  of independence, self-determination                                                                    
     and resourcefulness.                                                                                                       
                                                                                                                                
     I ask  for your consideration  and support of SB  44 so                                                                    
     Alaskans  can be  assured that  they  will continue  to                                                                    
     have  access  to  their   fisheries  resources  to  the                                                                    
     benefit of themselves and their families.                                                                                  
                                                                                                                                
4:08:00 PM                                                                                                                    
MR. HAYES presented the following sectional analysis for SB 44:                                                                 
                                                                                                                                
     Section 1: Amends  AS 16.05.251 to read  that the Board                                                                  
                 of  Fisheries   will  restrict   all  other                                                                    
                 fisheries  before  personal  use  fisheries                                                                    
                 when implementing  restrictions to  achieve                                                                    
                 the escapement of  the number of  the stock                                                                    
                 that will sustain the fishery.                                                                                 
                                                                                                                                
MR. HAYES presented a PowerPoint on SB 44. He started by reading                                                                
slides 2, 3, and 4:                                                                                                             
                                                                                                                                
     Intent of SB 44                                                                                                          
                                                                                                                                
     In an  effort to increase  food security for  the state                                                                    
     of  Alaska,  SB  44  ensures  that  all  Alaskans  have                                                                    
     priority  access  to  our  state's  rich  abundance  of                                                                    
     nutritious seafood.                                                                                                        
                                                                                                                                
     Bill Overview                                                                                                            
                                                                                                                                
     Senate  Bill  44  provides for  the  prioritization  of                                                                    
     personal  use  fisheries  in the  event  of  a  closure                                                                    
     ensuring a management goal s met.                                                                                          
                                                                                                                                
     Value to Alaskans                                                                                                        
                                                                                                                                
     Personal  use fisheries  provide an  extremely valuable                                                                    
     food source  to Alaskans. In 2019,  21,479 personal use                                                                    
     permit holders caught 457,002  sockeye salmon from Cook                                                                    
     Inlet  personal use  fisheries. To  buy the  equivalent                                                                    
     amount  of   sockeye  salmon  from  a   Fred  Meyer  in                                                                    
     Fairbanks, Juneau,  or Anchorage would cost  an average                                                                    
     of  $1,962.80  per  permit holder.  A  report*  from  a                                                                    
     family  who  dipnetted in  2019  shows  that they  paid                                                                    
     $2.64/lbs for  80.6 lbs of fillets  they ate throughout                                                                    
     the  year. At  a  retail  value of  $805.19  this is  a                                                                    
     $592.42  cost savings  on 80.6  lbs of  sockeye salmon.                                                                    
     This is a significant  cost savings that helps Alaskans                                                                    
     have easier access to high quality food.                                                                                   
                                                                                                                                
     *https://northernexpenditure.com/dipnetting-2019-i-                                                                        
     got-a-triple/                                                                                                              
                                                                                                                                
4:10:11 PM                                                                                                                    
MR. HAYES directed  attention to the graph on slide  5 that shows                                                               
the  difference  between  the  Prince  William  Sound  commercial                                                               
harvests from 2009 through 2019  versus the Kenai dipnet harvests                                                               
over the same period. He described the difference as marked.                                                                    
                                                                                                                                
MR. HAYES concluded the presentation stating:                                                                                   
                                                                                                                                
     SB  44 provides  for  a common  sense measure  ensuring                                                                    
     that  all  Alaskans are  able  to  have access  to  our                                                                    
     state's abundance of nutrient rich seafood.                                                                                
                                                                                                                                
4:11:02 PM                                                                                                                    
CHAIR REVAK  announced public  testimony would  be noticed  for a                                                               
later hearing.  He asked  the individuals  waiting to  testify to                                                               
submit their testimony to sres@akleg.gov.                                                                                       
                                                                                                                                
[SB 44 was held in committee.]                                                                                                  
                                                                                                                                
4:11:53 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
^PRESENTATION: Susitna Watana Hydroelectric Project                                                                             
       PRESENTATION: Susitna-Watana Hydroelectric Project                                                                   
                                                                                                                                
4:12:45 PM                                                                                                                    
CHAIR REVAK  reconvened the meeting  and announced  the committee                                                               
would  hear a  presentation on  the Susitna-Watana  Hydroelectric                                                               
Project.                                                                                                                        
                                                                                                                                
4:13:18 PM                                                                                                                    
CURTIS  THAYER,  Executive   Director,  Alaska  Energy  Authority                                                               
(AEA), Anchorage,  Alaska, presented an overview  of the Susitna-                                                               
Watana  Hydroelectric Project.  He  displayed the  pie charts  on                                                               
slide 2 that  shows that Alaska currently receives  27 percent of                                                               
its  energy from  hydroelectric whereas  the US  receives just  2                                                               
percent of its  energy from hydroelectric; and  Alaska receives 2                                                               
percent of its  energy from renewables whereas the  US receives 8                                                               
percent from  renewables. He  said the chart  on the  right shows                                                               
estimates  of  Alaska's  energy profile  if  Susitna-Watana  were                                                               
built. The  caveat is that the  data in the presentation  is from                                                               
2014-2015 so  it only  provides an idea  of what  Alaska's energy                                                               
profile could be.  The goal was to have 50  percent of the energy                                                               
in  the  state  come  from  renewable.  With  the  Susitna-Watana                                                               
project, renewable energy would be close to 60 percent.                                                                         
                                                                                                                                
MR.  THAYER  stated  that  the  maps on  slide  3  show  existing                                                               
hydropower facilities in  the Lower 48 and Alaska.  He noted that                                                               
48 states  have hydro  projects. In Alaska,  AEA owns  the Bradly                                                               
Lake Hydroelectric  Project at  the head of  Kachemak Bay.  It is                                                               
the largest  hydro project  in the state,  and it  produces about                                                               
120 megawatts  of power or about  10 percent of the  power in the                                                               
Railbelt.  The  Battle  Creek  diversion  project  increases  the                                                               
capacity to bring power to  the Railbelt from Homer to Fairbanks.                                                               
He noted  that Fairbanks receives  about 17 percent of  the power                                                               
coming  from  Bradley Lake.  He  noted  that when  complete,  the                                                               
Susitna-Watana dam would be one  of the larger hydroelectric dams                                                               
in the US.                                                                                                                      
                                                                                                                                
He related that  work on Susitna-Watana was put  into abeyance in                                                               
2014 under Administrative Order 271.  That order was rescinded in                                                               
2019 when Governor Dunleavy issued  Administrative Order 309, but                                                               
no funds were  spent on the project in FY2020  and that continues                                                               
to be the case, he said.                                                                                                        
                                                                                                                                
4:16:56 PM                                                                                                                    
MR.  THAYER paraphrased  the state  energy policy  that reads  as                                                               
follows:                                                                                                                        
                                                                                                                                
     In  2010, the  Legislature unanimously  passed HB  306,                                                                    
     which set  an aspirational goal to  generate 50 percent                                                                    
     of   the  state's   electricity   from  renewable   and                                                                    
     alternative energy sources by 2025.                                                                                        
                                                                                                                                
He said  the pie charts on  slide 7 shows that  energy production                                                               
from  hydro  and  alternative sources  has  increased  from  21.1                                                               
percent in  2011 to 29.5  percent in  2019. He described  that as                                                               
progress, but far from the  50 percent aspirational goal that was                                                               
the hope 11 years ago.                                                                                                          
                                                                                                                                
MR. THAYER  reviewed the statute  that granted AEA  the authority                                                               
to develop the Susitna-Watana project. Slide 8 read as follows:                                                                 
                                                                                                                                
AS 44.83.080 POWERS OF THE AUTHORITY                                                                                          
                                                                                                                                
   • (18) to acquire a Susitna River power project, whether by                                                                  
     construction, purchase, gift, or lease, including the                                                                      
     acquisition of property rights and interests by eminent                                                                    
     domain under AS 09;                                                                                                        
                                                                                                                                
   • (19) to perform feasibility studies and engineering and                                                                    
     design with respect to power projects.                                                                                     
                                                                                                                                
MR.  THAYER advised  that this  work was  completed in  the early                                                               
part of the last decade, and  the state spent $93 million towards                                                               
the FERC license. To the  question of why Susitna-Watana, he said                                                               
it is estimated  to increase the supply of Railbelt  energy by 50                                                               
percent; it  is expected  to provide  long-term stable  rates for                                                               
well over 100  years; and the cost savings  to Railbelt consumers                                                               
in 2014 dollars was estimated to  be $11.2 billion over the first                                                               
50 years.  An added benefit is  that this project is  expected to                                                               
reduce  carbon  dioxide emissions  by  1.3  million tons  a  year                                                               
because  it  is  displacing  reliance on  coal  and  natural  gas                                                               
generation. This  is roughly equivalent to  removing 250,000 cars                                                               
from the road.                                                                                                                  
                                                                                                                                
4:18:57 PM                                                                                                                    
MR. THAYER reviewed the project  history depicted on slide 10. He                                                               
recounted that the  US Bureau of Reclamation  conducted the first                                                               
studies in the 1950s; the state  studied the project in detail in                                                               
the 1980s,  but the  project was  shelved due  to oil  prices; in                                                               
2010 the  state established the  aspirational goal of  50 percent                                                               
renewable  energy by  2025; in  2011 the  legislature unanimously                                                               
authorized  the Alaska  Energy Authority  to pursue  the Susitna-                                                               
Watana Hydroelectric Project; studies  began in 2012; the license                                                               
and project  was put into abeyance  in 2017; and the  project was                                                               
revived in 2019.                                                                                                                
                                                                                                                                
4:19:38 PM                                                                                                                    
MR. THAYER directed  attention to the topography map  on slide 11                                                               
of  the Susitna  River area.  The lower  Susitna that  feeds into                                                               
Cook Inlet  is colored  yellow, the middle  Susitna is  blue, and                                                               
the upper Susitna is colored  red. The star reflects the location                                                               
of  the  dam  where  the  upper  Susitna  meets  the  middle.  He                                                               
paraphrased the particulars of the  project bulleted on slide 12,                                                               
which read as follows:                                                                                                          
                                                                                                                                
     PROJECT AT-A-GLANCE                                                                                                        
                                                                                                                                
        • Dam Height  705 feet                                                                                                  
        • Dam Elevation  2,065 Feet                                                                                             
        • Reservoir Length  ~42 miles                                                                                           
        • Reservoir Width  ~1.25 miles                                                                                          
        • Installed Capacity  618 MW                                                                                            
        • Annual Energy  2,800,000 MWh                                                                                          
        • Cost  ~$5.6 billion (2014$)                                                                                           
                                                                                                                                
MR. THAYER  noted the utilities' estimated  Railbelt energy needs                                                               
in 2014  was 400-450  MW. The  hope in 2014  was that  the excess                                                               
capacity and  low cost  of energy would  attract new  business to                                                               
the region.  He recounted  that the current  cost of  energy from                                                               
Bradley Lake  is about $0.04  to $0.045 per kilowatt  and natural                                                               
gas  in   Cook  Inlet  is   $0.07  to  $0.09  per   kilowatt.  He                                                               
acknowledged that the 2014 cost  estimate for Susitna of $0.06 to                                                               
$0.065  per  kilowatt  and  the overall  cost  estimate  for  the                                                               
project  needed  to be  updated  in  order  to move  the  project                                                               
forward. He  pointed out  that technology  advances may  make the                                                               
project  less expensive  and financing  costs are  less expensive                                                               
than in 2014.                                                                                                                   
                                                                                                                                
4:22:51 PM                                                                                                                    
MR.  THAYER  reviewed  the  engineering  for  the  Susitna-Watana                                                               
project outlined on slide 13 that read as follows:                                                                              
                                                                                                                                
     ENGINEERING                                                                                                              
        • Size and generation optimized                                                                                         
        • Design reviewed by International Board of                                                                             
          Consultants                                                                                                           
        • Designed to withstand:                                                                                                
          • 10,000-year flood                                                                                                   
          • Maximum credible earthquake of a magnitude 8.0                                                                      
        • 2014 Engineering Feasibility Report                                                                                   
                                                                                                                                
4:23:15 PM                                                                                                                    
MR.  THAYER  briefly touched  on  the  economics of  the  project                                                               
outlined on slide 13 that read as follows:                                                                                      
                                                                                                                                
     ECONOMICS                                                                                                                
        • Benefit-Cost and    Economic   Impact   Analyses                                                                      
          completed in 2015                                                                                                     
          • Based on 2014 projection of natural gas prices:                                                                     
             • Benefit-cost ratio of 2.39 from energy                                                                           
               savings alone                                                                                                    
             • $11.2 billion (2014$) in energy savings over                                                                     
               first 50 years                                                                                                   
             • $4.7 billion (2014$) in capital and O&M                                                                          
               costs over first 50 years                                                                                        
                                                                                                                                
MR. THAYER  discussed the employment  opportunities. He  said the                                                               
2014 estimate was  for more than 32,000 direct  and indirect jobs                                                               
running from  preconstruction employment through  construction to                                                               
operation of  the plant.  Most of the  employment will  be during                                                               
the 9-11 year construction phase.                                                                                               
                                                                                                                                
MR.  THAYER paraphrased  the licensing  status on  slide 16  that                                                               
read as follows:                                                                                                                
                                                                                                                                
     LICENSING STATUS                                                                                                         
        • Integrated Licensing Process                                                                                          
        • 2/3 of the way done                                                                                                   
        • 58 FERC-approved studies:                                                                                             
          • Implemented 2012-2017                                                                                               
          • 19 studies completed                                                                                                
          • 39 significant progress made                                                                                        
        • Initial Study Report filed with FERC                                                                                  
                                                                                                                                
He said AEA  estimated it would cost in the  neighborhood of $100                                                               
million to  complete the FERC  application; about  one-third more                                                               
time and money is needed for completion.                                                                                        
                                                                                                                                
MR. THAYER highlighted the following points of the FERC study:                                                                  
                                                                                                                                
     FERC STUDY PLAN DETERMINATION OUTCOME                                                                                    
    •  Confirmed adequacy        •  Confirmed      data                                                                         
      of environmental studies       gathered thus far is                                                                       
                                    representative        of                                                                    
                                    baselines                                                                                 
    •  Validated   quality       •  Rejected   requests                                                                         
     of work completed to           for additional studies                                                                    
     date                                                                                                                       
     •  Rejected nearly all       •  Licensing activity                                                                         
     study       modification       currently in abeyance                                                                     
     requests                                                                                                                   
     •  Rejected   requests                                                                                                     
     for additional years of                                                                                                    
     study                                                                                                                      
                                                                                                                                
                                                                                                                                
MR. THAYER said  the outcome of the FERC study  provides a way to                                                               
look towards what needs to be completed in the future.                                                                          
                                                                                                                                
4:25:22 PM                                                                                                                    
CHAIR REVAK summarized that the  licensing process was two-thirds                                                               
complete  and the  state  had  spent about  $200  million on  the                                                               
license to  date, and the  expectation was it could  cost another                                                               
$100 million  to complete.  He asked  what it  means to  have the                                                               
FERC license.                                                                                                                   
                                                                                                                                
MR.  THAYER  agreed  with  the summary  and  described  the  FERC                                                               
license as  the federal stamp of  approval to move ahead  to look                                                               
for investors and start construction on the dam.                                                                                
                                                                                                                                
CHAIR REVAK  observed that the license  would represent something                                                               
of value  to the state but  lacking that approval, the  state has                                                               
$200 million in sunk costs.                                                                                                     
                                                                                                                                
MR. THAYER answered  that is correct, but the  license has value.                                                               
Somebody could buy the license,  or it could be leveraged through                                                               
a public/private  partnership to reduce  the cost of the  dam for                                                               
the consumer.  Financing is fairly  cheap right now and  there is                                                               
interest  by  multiple  parties  in  financing  a  FERC  licensed                                                               
project and earning  a 4-6 percent return for the  next 50 years.                                                               
He related that  AEA anticipates that it would take  two years to                                                               
get a FERC license once the  studies are completed. The next step                                                               
would be  the project  execution phase.  The expectation  is that                                                               
construction   would  take   9-11  years   before  the   dam  was                                                               
operational.  In  total, he  estimated  it  would take  about  15                                                               
years.                                                                                                                          
                                                                                                                                
4:28:12 PM                                                                                                                    
CHAIR REVAK asked if he said  the estimated cost per kilowatt was                                                               
$0.06.                                                                                                                          
                                                                                                                                
MR.  THAYER  confirmed  the  estimate  is  $0.06  to  $0.065  per                                                               
kilowatt.  He reiterated  that the  cost of  energy from  Bradley                                                               
Lake is $0.04 to $0.045 per  kilowatt and power generation on the                                                               
Railbelt from natural gas is about $0.7 to $0.09 per kilowatt.                                                                  
                                                                                                                                
CHAIR REVAK  asked if the  cost per kilowatt would  decrease over                                                               
time after the loan is paid off.                                                                                                
                                                                                                                                
CHAIR REVAK  replied it would be  more accurate to say  the price                                                               
won't  increase,   which  is  different  than   for  natural  gas                                                               
generation that continues to increase.                                                                                          
                                                                                                                                
SENATOR  KIEHL   offered  his  understanding  that   the  private                                                               
developer  that wants  to build  a hydroelectric  project in  his                                                               
district paid  the costs of  the FERC  license. He asked  why the                                                               
state is  paying the cost  of the  FERC license for  the Susitna-                                                               
Watana project if there are interested private partners.                                                                        
                                                                                                                                
MR. THAYER  replied it was a  policy call by the  legislature and                                                               
the  governor  in  2014-2015  to  pursue  the  FERC  license.  He                                                               
acknowledged  that this  legislature  and governor  could make  a                                                               
different policy call  on how to move forward. He  noted that the                                                               
dam  Senator  Kiehl  mentioned   is  for  19  megawatts,  whereas                                                               
Susitna-Watana is 600 megawatts.                                                                                                
                                                                                                                                
4:31:20 PM                                                                                                                    
SENATOR KIEHL asked  if the 2014 estimate of $5.6  billion is the                                                               
total cost of the project or just the cost to construct the dam.                                                                
                                                                                                                                
MR. THAYER  answered it is  the estimated cost to  construct just                                                               
the  dam,  but  whether  Susitna-Watana  is  built  or  not,  the                                                               
transmission  lines  need  to  be  upgraded.  The  utilities  are                                                               
working  cooperatively  to  do  those  upgrades.  He  noted  that                                                               
Bradley Lake has similar constraints;  it is a 120 megawatt plant                                                               
and the transmission lines to it are 75 megawatts.                                                                              
                                                                                                                                
SENATOR KIEHL suggested  the committee look a  little deeper into                                                               
those  costs because  they  could be  surprising  for either  the                                                               
state or an independent producer.                                                                                               
                                                                                                                                
CHAIR REVAK  asked Mr.  Thayer if there  were any  cost estimates                                                               
for transmission.                                                                                                               
                                                                                                                                
4:33:23 PM                                                                                                                    
MR. THAYER answered  the approximate cost of all  the upgrades to                                                               
the transmission lines is $900 million to $1 billion.                                                                           
                                                                                                                                
4:33:37 PM                                                                                                                    
SENATOR VON  IMHOF commented that while  the Biden administration                                                               
is  excited  about  alternative   energy  projects,  the  federal                                                               
bureaucracy  of  permitting  and   FERC  licensing  is  still  an                                                               
extremely slow  process. She asked  what his experience  has been                                                               
the  last several  years, particularly  the last  several months,                                                               
with the federal permitting processes.                                                                                          
                                                                                                                                
MR.  THAYER  answered  that federal  legislation  passed  several                                                               
years ago that  intended to streamline and  shorten the deadlines                                                               
in the FERC  process and lengthen the time a  license may be held                                                               
before a project  is built. He acknowledged that AEA  had not had                                                               
the opportunity to  test whether or not the new  process was more                                                               
efficient, but that was the intent.                                                                                             
                                                                                                                                
CHAIR REVAK asked him to finish the presentation.                                                                               
                                                                                                                                
4:35:48 PM                                                                                                                    
MR. THAYER paraphrased slide 19 that read as follows:                                                                           
                                                                                                                                
     GOVERNOR AND LEGISLATURE DECIDE NEXT STEPS                                                                               
     If greenlighted?                                                                                                           
        • Determine licensing status                                                                                            
        • Update cost estimate to obtain license                                                                                
        • Update benefit-cost and economic impact analyses                                                                      
        • Review data to assure it remains reflective of                                                                        
          current conditions                                                                                                    
        • Consult with   FERC,   landowners,   and   other                                                                      
          stakeholders                                                                                                          
                                                                                                                                
He  related that  the utilities,  all  of which  have mandated  a                                                               
reduction  in  carbon  footprint,   are  interested  in  pursuing                                                               
Susitna-Watana.   This  one   project  would   achieve  all   the                                                               
utilities'  mandates  regarding  renewable energy.  He  clarified                                                               
that this would  be a staged gate approach, and  many things need                                                               
to  be  done   before  AEA  could  make  a   final  decision  and                                                               
recommendation  to the  governor and  legislature about  the next                                                               
step.                                                                                                                           
                                                                                                                                
4:38:28 PM                                                                                                                    
CHAIR REVAK  asked if  the administration or  anybody in  AEA was                                                               
looking into the tasks bulleted on slide 19.                                                                                    
                                                                                                                                
MR. THAYER  answered the  tasks fall  to AEA  to perform  but the                                                               
policy of whether or not to  move forward rests with the governor                                                               
and the legislature.                                                                                                            
                                                                                                                                
4:39:15 PM                                                                                                                    
SENATOR VON  IMHOF asked  if AEA  needed the  policy or  the $100                                                               
million.                                                                                                                        
                                                                                                                                
MR. THAYER answered both.                                                                                                       
                                                                                                                                
SENATOR   MICCICHE  mentioned   both  the   Biden  and   Dunleavy                                                               
administrations and  asked who needed to  be on point to  get the                                                               
project moving again.                                                                                                           
                                                                                                                                
MR. THAYER  answered Governor  Dunleavy took  the project  out of                                                               
abeyance, and  AEA has had discussions  about Susitna-Watana with                                                               
both the  congressional delegation and the  Biden administration.                                                               
They champion the project but the  first step is for the governor                                                               
and legislature to set the policy.                                                                                              
                                                                                                                                
CHAIR REVAK  mused about  where the  state would  be in  terms of                                                               
energy production and  cost if it had built the  project 50 years                                                               
ago. He thanked Mr. Thayer for the presentation.                                                                                
                                                                                                                                
4:43:26 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair  Revak adjourned  the Senate  Resources Standing  Committee                                                               
meeting at 4:43 p.m.