HB 36-EXEMPT DISCHARGES FROM USE OF MUNITIONS  4:33:55 PM CHAIR GIESSEL announced HB 36 to be up for consideration. 4:34:10 PM REPRESENTATIVE TAMMY WILSON, sponsor of HB 36, explained that in 2008 when the Alaska Clean Water Act was amended to its current form a problem was created with the state's long-standing comprehensive military munitions exemption. The proposed amendment in HB 36 clarifies AS 46.03.100(e)(7) such that it cannot be misinterpreted to restrict military exercises on ranges other than instances where the federal Clean Water Act would apply. It reduces the chance of litigation and trying to interpret "waters of the U.S.," which still has not been interpreted the same way. REPRESENTATIVE T. WILSON said currently Alaska is the only state with this unclear interpretation of the Clean Water Act. If not amended, there exists the possibility that military ranges would need to curtain operations because of misinterpretations of Alaska law, even if the ranges are in compliance with federal law. She said the amendment in HB 36 was vetted by the Environmental Protection Agency (EPA), the Department of Environmental Conservation (DEC), the Department of Defense (DOD) and the Alaska Department of Military and Veteran's Affairs (DMVA). She said that HB 36 maintains primacy, protects the environment and allows military exercises to continue without potential litigation. It only adds "or service" so the Coast Guard is included; "otherwise regulated under 33 U.S.C. 1251-1376 (Federal Water Pollution Control Act), as amended" was just making sure the federal law and state law work together. 4:36:10 PM GENERAL TOM KATKUS, Commissioner, Department of Military & Veterans Affairs (DMVA), Anchorage, AK, supported HB 36. He said the military is very important in the state of Alaska and this is one more step to clarify a structure that would provide a potential barrier to training and opportunities Alaska offers its military, especially in the areas of JBAR or any other training range. 4:38:04 PM KEVIN WARD, Regional Counsel, U.S. Army Regional Environmental Office, Denver, CO, said he was speaking today on behalf of the Department of Defense (DOD) as well as the Alaska military services, and supported HB 36. This amendment clarifies that the Alaska Clean Water Act will apply to military ranges if they are regulated by the federal Clean Water Act. An ambiguity arose in 2008 when the act was amended for the Alaska DEC to obtain primacy from the U.S. Environmental Protection Agency (EPA). The current language that was added in 2008 speaks of "waters of the United States," but that term has been subject to much litigation including numerous decisions by the U.S. Supreme Court and other federal courts, numerous policies, regulations and guidance issued by various federal and other agencies. This language would allow consistency between the Alaska and federal programs while allowing the Alaska Department of Environmental Conservation(DEC) to retain primacy and be the decision maker regarding any permits. 4:39:53 PM LIEUTENANT COLONEL JUSTIN TRUMBO, ,Western Regional Counsel, U.S. Air Force, San Francisco, CA, supported HB 36. He urged them to pass this important bill on behalf of all the Department of Defense, because it will help sustain military readiness training in Alaska and ensure that military ranges are operating in accordance with federal law. 4:40:36 PM SETH BEAUSANG, Assistant Attorney General for the DEC, Department of Law (DOL), Anchorage, AK, was available to answer questions on HB 36. MICHELLE BONNET HALE, Director, Division of Water, Department of Environmental Conservation (DEC) supported HB 36. She said this is just clarifying language that does not affect primacy for the Alaska Pollutant Discharge Elimination System Program. CHAIR GIESSEL opened public testimony and finding none, closed it. CHAIR GIESSEL asked if any concerns were expressed on the House side. REPRESENTATIVE T. WILSON answered no and added that this issue had been vetted through Senate Resources last year. CHAIR GIESSEL held HB 36 in committee.