HOUSE RESOURCES STANDING COMMITTEE February 24, 1999 1:02 p.m. MEMBERS PRESENT Representative Scott Ogan, Co-Chair Representative Jerry Sanders, Co-Chair Representative Beverly Masek, Vice Chair Representative John Harris Representative Ramona Barnes Representative Reggie Joule Representative Mary Kapsner MEMBERS ABSENT Representative Carl Morgan Representative Jim Whitaker COMMITTEE CALENDAR HOUSE JOINT RESOLUTION NO. 11 Urging the United States Congress to pass legislation to open the coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil and gas exploration, development, and production. - MOVED HJR 11 OUT OF COMMITTEE SENATE BILL NO. 12 "An Act classifying anadromous streams and tributaries; relating to the designation of riparian areas; establishing buffers on certain streams and relating to slope stability standards on certain streams; and requiring retention of low value timber along certain water bodies where prudent." - MOVED SB 12 OUT OF COMMITTEE (* First public hearing) PREVIOUS ACTION BILL: HJR 11 SHORT TITLE: ENDORSING ANWR LEASING SPONSOR(S): REPRESENTATIVES(S) PHILLIPS, James, Harris, Whitaker, Smalley Jrn-Date Jrn-Page Action 2/05/99 143 (H) READ THE FIRST TIME - REFERRAL(S) 2/05/99 144 (H) OIL & GAS, RESOURCES 2/08/99 173 (H) COSPONSOR(S): WHITAKER 2/16/99 (H) O&G AT 10:00 AM CAPITOL 17 2/16/99 (H) MOVED CSHJR 11(O&G) OUT OF COMMITTEE 2/16/99 (H) MINUTE(O&G) 2/16/99 227 (H) COSPONSOR(S): SMALLEY 2/17/99 234 (H) O&G RPT CS(O&G) 5DP 1NR 2/17/99 234 (H) DP: WHITAKER, OGAN, PHILLIPS, BRICE, 2/17/99 234 (H) SMALLEY; NR: KEMPLEN 2/17/99 234 (H) ZERO FISCAL NOTE (H.O&G) 2/17/99 234 (H) REFERRED TO RES 2/24/99 (H) RES AT 1:00 PM CAPITOL 124 BILL: SB 12 SHORT TITLE: FOREST PRACTICES: STREAMS/TRIBUTARIES SPONSOR(S): SENATOR(S) MACKIE, Taylor, Lincoln, Leman, Pearce, Green, Elton Jrn-Date Jrn-Page Action 1/19/99 16 (S) PREFILE RELEASED - 1/8/99 1/19/99 16 (S) READ THE FIRST TIME - REFERRAL(S) 1/19/99 16 (S) RES, FIN 1/29/99 (S) RES AT 3:00 PM BUTROVICH ROOM 205 2/01/99 (S) RES AT 3:00 PM BUTROVICH ROOM 205 2/01/99 (S) MOVED OUT OF COMMITTEE 2/01/99 (S) MINUTE(RES) 2/01/99 127 (S) COSPONSOR(S): TAYLOR 2/02/99 135 (S) RES RPT 6DP 2/02/99 135 (S) DP: HALFORD, LINCOLN, PARNELL, GREEN, 2/02/99 135 (S) PETE KELLY, MACKIE 2/02/99 135 (S) ZERO FISCAL NOTE (DNR) 2/10/99 217 (S) COSPONSOR(S): LINCOLN 2/11/99 (S) FIN AT 9:00 AM SENATE FINANCE 532 2/11/99 (S) MOVED OUT OF COMMITTEE 2/11/99 (S) MINUTE(FIN) 2/11/99 227 (S) FIN RPT 6DP 2NR 2/11/99 227 (S) DP: TORGERSON, GREEN, PETE KELLY, ADAMS, 2/11/99 227 (S) WILKEN, LEMAN; NR: PHILLIPS, DONLEY 2/11/99 227 (S) PREVIOUS ZERO FN (DNR) 2/16/99 (S) RLS AT 11:40 AM FAHRENKAMP RM 203 2/16/99 (S) MINUTE(RLS) 2/17/99 269 (S) RULES TO CALENDAR AND 1OR 2/17/99 2/17/99 271 (S) READ THE SECOND TIME 2/17/99 271 (S) ADVANCED TO THIRD READING UNAN CONSENT 2/17/99 271 (S) READ THE THIRD TIME SB 12 2/17/99 271 (S) COSPONSORS: LEMAN, PEARCE, GREEN, ELTON 2/17/99 272 (S) PASSED Y20 N- 2/17/99 276 (S) TRANSMITTED TO (H) 2/19/99 248 (H) READ THE FIRST TIME - REFERRAL(S) 2/19/99 248 (H) RESOURCES 2/24/99 (H) RES AT 1:00 PM CAPITOL 124 WITNESS REGISTER REPRESENTATIVE GAIL PHILLIPS Alaska State Legislature Capitol Building, Room 411 Juneau, Alaska 99801 Telephone: (907) 465-2689 POSITION STATEMENT: Testified as sponsor of HJR 11; as sponsor of similar legislation the previous year, testified in support of SB 12. SENATOR JERRY MACKIE Alaska State Legislature Capitol Building, Room 427 Juneau, Alaska 99801 Telephone: (907) 465-4925 POSITION STATEMENT: Testified as sponsor of SB 12. JEFF JAHNKE, Director Division of Forestry Department of Natural Resources (DNR); and Presiding Officer, Board of Forestry 400 Willoughby, Third Floor Juneau, Alaska 99801-1724 Telephone: (907) 465-3379 POSITION STATEMENT: Testified in support of SB 12, on behalf of both the DNR and the Board of Forestry. ACTION NARRATIVE TAPE 99-10, SIDE A Number 0001 CO-CHAIR SCOTT OGAN called the House Resources Standing Committee meeting to order at 1:02 p.m. Members present at the call to order were Representatives Ogan, Sanders, Masek, Harris and Joule. Representatives Barnes and Kapsner arrived at 1:07 p.m. and 1:16 p.m., respectively. HJR 11 - ENDORSING ANWR LEASING Number 0111 CO-CHAIR OGAN announced the first item of business would be House Joint Resolution No. 11, urging the United States Congress to pass legislation to open the coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil and gas exploration, development, and production. He noted that no one was signed up to testify, then advised members of his intention to hold the resolution over until after the Energy Council meetings in Washington, D.C. Number 0179 REPRESENTATIVE GAIL PHILLIPS, Alaska State Legislature, sponsor, reminded members that the Arctic National Wildlife Refuge (ANWR) resolution has been before this body for many years. She said it is imperative that Alaska focus on opening ANWR and keep the message before Congress. Noting that many new Congress members aren't familiar with ANWR, she said seeing this resolution coming from the state of Alaska, and the legislature of Alaska, is critical to eventual success. It is the same as the past resolutions, which have always had overwhelming support from all segments of the state. She encouraged members' support. Number 0260 REPRESENTATIVE JOHN HARRIS asked whether there was any reason to have this pass before Alaskan legislators go to Washington, D.C. REPRESENTATIVE PHILLIPS said no. She pointed out that the last resolution is on file there. Number 0314 REPRESENTATIVE BEVERLY MASEK asked what other steps Representative Phillips foresees taking in Washington, D.C. REPRESENTATIVE PHILLIPS replied that Arctic Power, the Alaskan organization that manages the ANWR campaign, has sent invitations to the legislators who are going to the Energy Council, asking them to contribute time while there to meet with some of the new congressional offices; she believes they will do that. She recounted how the one time the ANWR resolution had passed the House of Representatives, she and others spent a whole summer on mission trips, going to various states and meeting with various congressional members, especially the new ones; that will continue. Representative Phillips said one of the best things that the Alaska legislature can do is to meet one-on-one with both new and continuing Congress members, to reaffirm the Alaska State Legislature's commitment and position on ANWR. REPRESENTATIVE MASEK expressed full support for HJR 11 and the mission of getting the message to those in the Lower 48. REPRESENTATIVE PHILLIPS emphasized that this is not just on behalf of Alaska. She noted that 25 percent of daily oil production in the United States comes from the North Slope, and that figure will grow as imports from other nations decline. She said it is critical for the United States to take this into consideration. Number 0545 REPRESENTATIVE REGGIE JOULE commented that he is really glad to see this resolution move forward. One reason for passage of the Alaska Native Claims Settlement Act was to allow communities to develop resources. He pointed out the irony, stating, "Then we have the same source, on the other hand, saying, 'But you can't do it.'" He emphasized that those people who are most profoundly impacted are very much in support of this resolution. For example, in Kaktovik, where the lands selection are, the community cannot even begin to do anything. There is frustration because they want to become more economically viable, to provide jobs for their shareholders, to enjoy some benefits of enterprise, and to be able to see this develop. However, because of the attitude of the current Administration, it is not going anywhere. Representative Joule said he hopes the message of HJR 11 gets carried to Congress. Number 0718 CO-CHAIR OGAN mentioned lobbying the new Congress members and said he had been working with the director of Arctic Power, as well. He suggested that nine legislators may not be enough to cover all the Congress members, but that they would do their best. REPRESENTATIVE PHILLIPS emphasized that when the current Administration is no longer blocking the opening of ANWR, it will take a concerted effort by all the legislators to get the message across. Number 0776 REPRESENTATIVE RAMONA BARNES asked why Co-Chair Ogan wished to hold the resolution over to the following week. CO-CHAIR OGAN called an at-ease at 1:10 p.m.; the meeting came back to order at 1:12 p.m. Number 0780 REPRESENTATIVE BARNES made a motion to adopt the original version of HJR 11, rather than CSHJR 11(O&G); she asked unanimous consent. There being no objection, the original version was adopted. Number 0823 REPRESENTATIVE BARNES made a motion to move HJR 11 from the committee with the accompanying zero fiscal note and individual recommendations; she asked unanimous consent. There being no objection, HJR 11 moved from the House Resources Standing Committee. CO-CHAIR OGAN turned the gavel over to Co-Chair Sanders. SB 12 - FOREST PRACTICES: STREAMS/TRIBUTARIES Number 0934 CO-CHAIR JERRY SANDERS announced the next order of business would be Senate Bill No. 12, "An Act classifying anadromous streams and tributaries; relating to the designation of riparian areas; establishing buffers on certain streams and relating to slope stability standards on certain streams; and requiring retention of low value timber along certain water bodies where prudent." Number 0946 SENATOR JERRY MACKIE, Alaska State Legislature, sponsor of SB 12, came forward and asked Representative Phillips to join him at the table. He explained that Representative Phillips' bill had passed both bodies the previous year. She had asked Senator Mackie to introduce SB 12 in the Senate, where it passed rapidly by a vote of 20-0. They are continuing to work together to see this happen. SENATOR MACKIE read from the sponsor statement: Senate Bill 12 is the result of a cooperative effort by forest users to evaluate the effectiveness and suitability of the Forest Practices Act and recommend any improvements that would strengthen the protection of Alaska's streams and water quality. In 1996, the Board of Forestry established a science and technical committee, comprised of scientists from the timber, commercial fishing, and environmental communities, as well as state and federal agencies, to review and assess expressed concerns about the adequacy of the Act's protections. The committee's two-year study identified several opportunities to improve salmon habitat and water quality. A stakeholders committee then convened to incorporate these findings into the recommendations to the board. The board subsequently endorsed these recommendations and requested legislative approval of the appropriate measures. Senate Bill 12 affects only the spruce and hemlock forests in the Department of Natural Resources' designated Region 1. This is the coastal area from Ketchikan to Kodiak. Under current regulations, all anadromous streams are protected, although exceptions are allowed for marginal streams. ... Senate Bill 12 will eliminate all exceptions and provide additional protections. As a result, the bill accomplishes several goals: 1. It assigns a "type" classification that covers all streams, putting to rest concerns that some segments of anadromous streams were not included for protection. 2. It extends the no-harvest, riparian buffer zone to ALL anadromous fish streams, relative to "type." 3. It requires the retention of low-value timber along certain tributaries where prudent, so that trees may eventually fall into streams, forming natural pools downstream that are important for fish rearing. I am pleased to sponsor this legislation that is a product of so much time, effort and deliberation by members of the timber, fishing and environmental communities. It is a cooperative step forward in the protection and wise utilization of our resources. Number 1128 SENATOR MACKIE advised members that the forest industry is probably the primary mover behind this. He commended them for advocating larger buffer zones and more protection in terms of logging. He said the forest industry has lived up to its commitment in supporting the science that will better protect our streams. Senator Mackie noted that present were Mr. Phelps of the Alaska Forest Association, Mr. Jahnke of the Division of Forestry; and Jerry McCune of the United Fishermen of Alaska. He assured members that this is a consensus bill among the various users of the resources. He knows of no opposition to it. Number 1246 REPRESENTATIVE GAIL PHILLIPS, Alaska State Legislature, told members that support for the prior year's resolution was virtually unanimous last session, and support for SB 12 was unanimous in the Senate last week. It is consensus legislation, developed from a great deal of work by all parties involved. They had addressed Area 1 first and have now started work on Area 2; eventually they will have re-evaluated the Forest Practices Act for the entire state. SENATOR MACKIE pointed out that the commercial fishing industry and members from the environmental community have been very supportive. Committee packets contain a zero fiscal note, maps showing the regions affected, classifications and studies. Number 1384 CO-CHAIR SANDERS advised members that he would offer the Administration and the industry an opportunity to comment, even though everyone seemed to be in agreement. Number 1401 JEFF JAHNKE, Director, Division of Forestry, Department of Natural Resources (DNR); and Presiding Officer, Board of Forestry, came forward in support of SB 12, specifying that he spoke on behalf of both the DNR and the board. He said Senator Mackie had done a great job of explaining the bill. Mr. Jahnke emphasized the participation in developing this resolution, which is carefully worded and has agreement. He cautioned that too many changes may make agreement difficult to sustain. CO-CHAIR SANDERS asked whether anyone else wished to testify; no one came forward. Number 1464 REPRESENTATIVE BARNES made a motion to move SB 12 from the committee with individual recommendations and the attached fiscal note(s); she asked unanimous consent. There being no objection, SB 12 moved from the House Resources Standing Committee. ADJOURNMENT Number 1490 There being no further business before the committee, the House Resources Standing Committee meeting was adjourned at 1:23 p.m.