SENATOR MILLER announced SB 240 (MUNICIPAL TAX CREDIT/HABITAT PROTECTION) to be up for consideration. SENATOR PEARCE, Sponsor, said there is 80 - 90 acres along the Kenai River that provide the habitat for the salmon fishery. She hoped to encourage people who owned private land along the Kenai to undertake stream rehabilitation with property tax credit incentives. SENATOR ADAMS noted that this could just be special interest legislation directed only at the Kenai River and asked if the Chena River and other areas could be included. SENATOR PEARCE said Tam Cook believed the bill to be constitutional. SENATOR LEMAN asked if any other municipality had expressed interest in this type of credit. SENATOR PEARCE answered not to her. SENATOR ZHAROFF said he has a policy of staying out of other district's business and he thought it seemed unusual to have a piece of legislation that affects one area of the state. Number 472 LEO OBERTS, Kenai, said keeping the river in its natural test is the highest and best use for the river when setting the value. He said this refers to the lower tidal area which is completely different from other areas of the river. He questioned using the "ordinary high water" language. SENATOR PEARCE said this language was provided by the Borough attorney. SENATOR LITTLE commented that this bill currently involves not only the Kenai River, but all of the tributaries. She was concerned that it was very far reaching. MR. OBERTS pointed out on page 17 that he didn't know what an "untitled river" meant. DON GILMAN supported Senator Pearce's comments. He said the municipalities need this legislation to help deal with problems along the river. SENATOR ZHAROFF commented on the definition of "ordinary high water line." He asked what kinds of activities would allow for the tax credit to be used. MR. GILMAN said they are for improvements along the river. Right now nothing is required above high water. TAPE 94-5, SIDE B Number 580 SENATOR ZHAROFF asked if the activity would take place within or beyond 150 feet. MR. GILMAN said it was within 150 feet. Number 573 JIM RICHARDSON, property owner on the Kenai River, supported SB 240. He hoped that tax incentives would be allowed for people who leave the land in its natural state as well as for those who build some beneficial project. SENATOR MILLER thanked everyone for their testimony and adjourned the meeting at 4:32 p.m.