SB 148-KACHEMAK BAY CRITICAL HABITAT AREA  5:05:12 PM CHAIR JOHNSON announced that the first order of business would be SENATE BILL NO. 148, "An Act excluding certain land from the Kachemak Bay Critical Habitat Area." 5:05:34 PM SENATOR PETER MICCICHE, Alaska State Legislature, speaking as the sponsor of SB 148, explained that the legislation excludes the Homer Harbor and a small area that is planned for future harbor and deep water dock expansions from the Kachemak Bay Critical Habitat Area because the plan never intended to include municipal harbors within the critical habitat area; the statutory boundary was essentially incorrect. The Homer Harbor provides a secure and environmentally responsible place to store and maintain vessels that support the oil and gas industry. However, for infrastructure to be repaired or vessels to be anchored for more than 14 days in the Homer Harbor, permits have to be obtained. He then related that the Alaska Department of Fish & Game (ADF&G) is in support of SB 148 as is the Homer City Council. Local environmental nongovernmental organizations (NGOs) are primarily in support of full disclosure. He noted that the Kachemak Bay Conservation Society, the only opposition he has heard, has concerns in that they don't believe equipment used to drill for oil and gas should be kept in a harbor. In closing, Senator Micciche reiterated that the Homer Harbor was never intended to be included in the critical habit area, and thus SB 148 removes the Homer Harbor and allows it be used as other harbors. 5:07:42 PM REPRESENTATIVE HERRON inquired as to whether there is a location outside of the Homer Harbor that the oil and gas drilling equipment could be kept. SENATOR MICCICHE opined that the oil and gas drilling equipment is currently stored in locations that he believes are not as safe, secure, or protected as it could be. He specified that the Homer City Council is in unanimous support of SB 148 and other local NGOs with a fairly extensive membership are in support [of SB 148] because of the protected nature of keeping oil and gas drilling equipment in the harbor area. In further response to Representative Herron, Senator Micciche related his belief that the opposition is from a group of folks that do not envision Kachemak Bay having anything to do with resource extraction. 5:08:46 PM CHAIR JOHNSON opened public testimony. 5:09:26 PM STUART SCHMUTZLER began by reminding the committee that people are capable of destroying habitat for many other species, including habitat that provides us with foods to survive. Therefore, he opined that people have a tremendous responsibility not to damage or destroy these habitats merely for the short-term economic gain today; preserving habitat for the future is important. The Homer economy, he opined, has done quite well without storing vehicles from an industry that could pollute and damage the waters in a designated critical habitat area. Mr. Schmutzler encouraged the committee to maintain the critical habitat area designation for the area. 5:11:13 PM CHAIR JOHNSON, upon determining no one else wished to testify, closed public testimony. 5:11:41 PM REPRESENTATIVE GRUENBERG, referring to an aerial map entitled "Proposed Exclusion to the Kachemak Bay Critical Habitat Area" in the committee packet, inquired as to the area withdrawn from the critical habitat area. SENATOR MICCICHE answered that everything currently in the existing Kachemak Bay Critical Habitat Area remains, except the little triangle designating the area to be removed. The legislation merely defines what was intended not to be included in the critical habitat area and removes the ambiguity. REPRESENTATIVE GRUENBERG related his understanding then that the area being removed isn't the Homer spit itself, but is basically the area off the shore and the harbor. SENATOR MICCICHE clarified that the spit was not originally included in the critical habitat area and the legislation does remove the harbor and the area just outside of the harbor. The legislation defines the boundaries legally. 5:14:55 PM REPRESENTATIVE CHENAULT moved to report SB 148 out of committee with individual recommendations and the accompanying [zero] fiscal note. There being no objection, SB 148 was reported from the House Rules Standing Committee and is available for calendaring.