SB 128-CREATE DEPARTMENT OF AGRICULTURE  4:09:54 PM CHAIR GIESSEL announced the consideration of SENATE BILL NO. 128 "An Act establishing the Department of Agriculture; relating to the establishment of the Department of Agriculture; transferring functions of the Department of Natural Resources related to agriculture to the Department of Agriculture; and providing for an effective date." 4:10:29 PM CHAIR GIESSEL solicited a motion. 4:10:58 PM SENATOR WIELECHOWSKI moved to adopt Amendment 1, work order 34- LS 0694\N.2 34-LS0694\N.2 Bullard 4/7/25 AMENDMENT 1 OFFERED IN THE SENATE BY SENATOR GIESSEL TO: SB 128 Page 20, following line 28: Insert new material to read: "Article 1. Administration." Page 21, line 14: Delete "Department of Agriculture" Insert "department" Page 21, line 29: Delete "of agriculture" Page 21, line 31: Delete "Department of Agriculture" Insert "department" Page 21, following line 28: Insert a new section to read: "Sec. 44.38.030. Division of mariculture. The division of mariculture is established in the department to support and promote mariculture farms and hatcheries in the state. The commissioner shall control and supervise the division of mariculture. In this section, "mariculture" has the meaning given in AS 16.10.945." Page 21, line 29: Delete "Sec. 44.38.030" Insert "Sec. 44.38.040" Page 21, following line 31: Insert new material to read: "Article 2. General Provisions.  Sec. 44.38.900. Definitions. In this chapter, (1) "commissioner" means the commissioner of agriculture; (2) "department" means the Department of Agriculture." 4:11:01 PM CHAIR GIESSEL objected for purposes of discussion. 4:11:16 PM INTIMAYO HARBISON, Staff, Senator Cathy Giessel, Alaska State Legislature, Juneau, Alaska, explained that [Amendment 1] to SB 128 would create a new Division of Mariculture within the Department of Agriculture. This Division would focus on mariculture issues within the state. 4:11:33 PM SENATOR MYERS recalled that mariculture currently falls under the purview of the Alaska Department of Fish and Game (ADF&G). He asked if Amendment 1 would create a new division or move the existing division from ADF&G to the Department of Agriculture. 4:11:54 PM CHAIR GIESSEL replied that the intention is to move the existing division from ADF&G to the Department of Agriculture. 4:11:59 PM MR. HARBISION shared his understanding that Amendment 1 would move the Division of Mariculture from ADF&G to the Department of Agriculture. 4:12:23 PM SENATOR DUNBAR expressed appreciation that Amendment 1 uses the term "mariculture" rather than "aquatic farm." 4:12:31 PM SENATOR HUGHES recalled a recent discussion that added "mariculture" to the definition of "seafood" for the Alaska Seafood Marketing Institute (ASMI). She asked how Amendment 1 would fit with that change. 4:12:46 PM MR. HARBISON replied that Amendment 1 does not propose to move ASMI to the Department of Agriculture. He indicated that there is general agreement that ASMI is better suited for the Department of Commerce, Community and Economic Development (DCCED). 4:13:32 PM SENATOR HUGHES asked if mariculture products would be eligible for the Alaska Grown label. 4:13:45 PM MR. HARBISON surmised that mariculture products would be eligible; however, he pointed out that the Department of Agriculture would decide whether to extend the Alaska Grown label to proposed mariculture products. 4:14:11 PM CHAIR GIESSEL removed her objection to [Amendment 1]. 4:14:19 PM CHAIR GIESSEL found no further objection and [Amendment 1] was adopted. 4:14:22 PM CHAIR GIESSEL solicited a motion. 4:14:27 PM SENATOR WIELECHOWSKI moved to adopt Amendment 2, work order 34- LS 0694\N.3. 34-LS0694\N.3 Bullard 4/8/25 AMENDMENT 2 OFFERED IN THE SENATE BY SENATOR GIESSEL TO: SB 128 Page 20, following line 28: Insert new material to read: "Article 1. Administration." Page 21, line 14: Delete "Department of Agriculture" Insert "department" Page 21, line 29: Delete "of agriculture" Page 21, line 31: Delete "Department of Agriculture" Insert "department" Page 21, following line 28: Insert a new section to read: "Sec. 44.38.030. Division of food security. The division of food security is established in the department to coordinate and develop policies, programs, and planning related to food security in the state. The commissioner shall control and supervise the division of food security." Page 21, line 29: Delete "Sec. 44.38.030" Insert "Sec. 44.38.040" Page 21, following line 31: Insert new material to read: "Article 2. General Provisions.  Sec. 44.38.900. Definitions. In this chapter, (1) "commissioner" means the commissioner of agriculture; (2) "department" means the Department of Agriculture." 4:14:29 PM CHAIR GIESSEL objected for purposes of discussion. 4:14:35 PM MR. HARBISON explained that [Amendment 2] would create a Division of Food Security within the proposed Department of Agriculture. He recalled that earlier discussions of the executive order relating to a proposed Department of Agriculture had indicated food security as a primary focus. He stated that this issue falls within the purview of the Department of Agriculture. 4:15:07 PM SENATOR DUNBAR expressed his support for Amendment 2. However, he shared his understanding that "food security" is not defined in Alaska Statutes. He surmised that his definition of "food security" is broader than most. He recommended reading the work of Nobel Prize winning economist Amartya Sen, whose work is related to the economics of poverty and the causes of famine. He explained that famines are driven by a lack of income (rather than a lack of food supply) and offered examples to illustrate this. He stated that famine is largely the result of a distribution issue within a society (not a complete lack of food). He connected this to the discussion of food security in Alaska. He emphasized the importance of programs that provide income for food purchases (e.g. the Supplemental Nutrition Assistance Program (SNAP)) in ensuring food security within communities. He stated that these programs are often more important than growing or importing food. He reiterated that food insecurity is a distribution issue. He reiterated his support of Amendment 2 and expressed hope that a Division of Food Security would focus on food distribution and food affordability. 4:17:01 PM SENATOR HUGHES shared her understanding that there is no plan to move SNAP or other similar programs to the proposed Department of Agriculture. She indicated that the proposed Division of Food Security would have an associated cost and expressed concern that the progression of SB 128 could be slowed by the addition of a fiscal note. She asked whether the division would initially be set up as a part of the office of the Commissioner of the proposed Department of Agriculture or whether a Division of Food Security fiscal note is expected. 4:17:59 PM MR. HARBISON answered that Amendment 3 is broadly written. The amendment creates the Division of Food Security but is not prescriptive with respect to how the proposed Department of Agriculture must shape the division. He said it is within the Commissioner of the Department of Agriculture's purview to take on the duties of the proposed Division of Food Security. He shared his understanding that Amendment 3 (as written) would not require a fiscal note (unless it was the desire of the Department of Agriculture). 4:18:43 PM CHAIR GIESSEL noted that SNAP benefits and other similar programs are within the Alaska Department of Health (DOH), Division of Public Assistance. She pointed out that SB 128 has a fiscal note. 4:19:04 PM SENATOR MYERS stated that he supports Amendment 2. However, he expressed concern that the definition of "food security" is very broad. He commented that the broad definition of "food security" could impact multiple departments. He offered EBT and SNAP as one example, as these could potentially be moved from DOH, Division of Public Assistance to the proposed Division of Food Security. He briefly discussed transportation-related concerns. He reiterated his support for Amendment 2; however, he said he would continue to monitor SB 128 as it moves through the legislative process to see how these potential impacts play out. 4:20:34 PM CHAIR GIESSEL stated that the Department of Agriculture was proposed, in part, due to a lack of focus on food security issues. She agreed that SB 128 is creating new pathways. She explained that the intent of the Division of Food Security is to have a division that would focus on food security issues while engaging in collaborative discussions with other state agencies. This would improve the concept of "food security" as broadly as intended. 4:21:20 PM SENATOR MYERS briefly discussed how a potential merger between Kroger, Co. and Albertsons Companies, Inc. would have had an impact on food security in Alaska. He shared his understanding that the federal government stopped the merger, but pointed out that the Department of Commerce, Community and Economic Development (DCCED) would have addressed this at the state level. He said that this is another example of an issue that would potentially fall under the purview of the proposed Division of Food Security and expressed concern. 4:22:04 PM SENATOR HUGHES opined that the concerns expressed by Senator Myers could be considered reasons for supporting the establishment of the Department of Agriculture and the Division of Food Security. She shared about her experience on the Alaska Food Strategy Task Force and highlighted discussions related to distribution and transportation. She opined that it would be helpful to have a division that could house those discussions and engage in collaborative discussions across state agencies. She shared her belief that the State of Alaska needs the proposed Division of Food Security. 4:23:06 PM CHAIR GIESSEL removed her objection to Amendment 2. CHAIR GIESSEL found no further objection and [Amendment 2] to SB 128 was adopted. 4:23:13 PM CHAIR GIESSEL solicited a motion. 4:23:17 PM SENATOR WIELECHOWSKI moved to adopt Amendment 3, work order 34- LS0694\N.7. 34-LS0694\N.7 Bullard 4/11/25 A M E N D M E N T 3 OFFERED IN THE SENATE BY SENATOR GIESSEL TO: SB 128 Page 21, line 10: Delete "and" Page 21, following line 10: Insert new paragraphs to read: "(5) support the improvement of food security for residents of the state; (6) support agricultural businesses and the marketing of state agriculture products; (7) support state mariculture businesses and the marketing of state mariculture products; and" Page 21, line 11: Delete "(5)" Insert "(8) engage in agricultural research and" Page 21, following line 28: Insert a new subsection to read: "(c) By February 1 of each year, the commissioner of agriculture shall prepare an annual report containing a summary of the Department of Agriculture's efforts and progress under (a)(5) - (8) of this section in addressing food security, supporting state agricultural businesses and the marketing of state agricultural products, supporting mariculture businesses and the marketing of state mariculture products, and engaging in agricultural research. The department shall deliver the report to the senate secretary and the chief clerk of the house of representatives and notify the legislature that the report is available." 4:23:20 PM CHAIR GIESSEL objected for purposes of discussion. 4:23:23 PM MR. HARBISON explained that [Amendment 3] defines the duties of the commissioner of the proposed Department of Agriculture. He acknowledged that some committee members are concerned about the increased fiscal note costs related to creating additional divisions within the department. He said Amendment 3 clarifies the duties of the commissioner. This includes supporting and improving food security for Alaskans, supporting agriculture and mariculture businesses, as well as support for and engagement in mariculture and agriculture research. In addition, the commissioner must provide a report detailing improvements in those areas to the legislature by February 1 of each year. 4:24:35 PM SENATOR HUGHES recalled a recent discussion with the Director of the Division of Agriculture at the Food and Farm Caucus. She shared her understanding that the University of Alaska is responsible for agricultural research. She noted that the Division of Agriculture, Alaska Plant Materials Center engages in some research; however, she sought to clarify that research is the work of the university. She opined that the commissioner of the proposed Department of Agriculture would be responsible for disseminating that research to the agricultural community across the state. She asked whether Amendment 3 states that the commissioner must conduct research - or whether the commissioner's role would be disseminating the information gained through the University of Alaska's research. 4:25:31 PM MR. HARBISON replied that Amendment 3 states that the commissioner would support research. He added that the department would determine the scope of that support. This could include grants, disseminating information, etc. He clarified that Amendment 3 does not explicitly state that the commissioner must be involved in research. 4:26:06 PM CHAIR GIESSEL removed her objection. CHAIR GIESSEL found no further objection and Amendment 3, work order 34-LS0694\N.7 was adopted. 4:26:21 PM CHAIR GIESSEL noted that public testimony was previously left open. 4:26:49 PM LEONARDO WASSILIE, representing self, Nenana, Alaska, testified in support of SB 128. He said he is on the National Family Farm Coalition executive committee and works for the Nenana Native Association. He also works for Calypso Farm and Ecology Center. He said he supports movement toward strengthening food security in Alaska. He indicated support for legislative involvement in that process. He stated that he supports local agriculture and expressed support for standards for producers. He emphasized the importance of healthy soils and regenerative farming practices. 4:29:14 PM CHAIR GIESSEL held SB 128 in committee.