CHAIRMAN MILLER called the Resources Committee meeting to order at 3:42 p.m. and announced SB 240 (MUNICIPAL TAX CREDIT/HABITAT PROTECTION) to be up for consideration. SENATOR PEARCE, sponsor, moved to adopt the CS for SB 240, Cook version J, dated 2/11/94. There were no objections and it was so ordered. She said Section 1 (a) was clarified to stipulate the tax credit is for restoring or protecting fish spawning habitat. On page 1, line 12 "along or" after "habitat". On page 2, line 10, after "law," "a condition of a permit" was deleted. On page 2, line 16, after "the" "the mean high tide line" was inserted. On page 2, line 23 language was added saying the ADF&G may establish procedures to be used for certification by regulation. She noted there are letters from the Kenai Borough and the Kenai River Special Management Area Advisory Board endorsing the changes. Number 86 SENATOR LEMAN moved to discharge CSSB 210 from Committee with individual recommendations and with the $0 fiscal note. There were no objections and it was so ordered. LEO OBERTS asked what "ordinary high water" meant on page 1, line 13. He thought it possibly should be deleted. He said he wasn't getting any consideration in this bill for keeping his property in its natural state. SENATOR PEARCE said the definition of "ordinary high water" is the one used in statutes to be consistent. The Kenai River is a special use area and has to be consistent. She said under present state law, he already has the right to receive conservation easements.