Alaska Conservation Voters

Conservation Watch

Alaska Conservation Voters
works to protect Alaska's environment through public education and advocacy, and supports pro-conservation candidates for public office.

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Bill position papers, back issues of Conservation Watch, and legislative updates are available at the
ACV Legislation Page

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ACV Legislative Staff

Suzanne Bostrom
Legislative Campaign Manager
suzanne@akvoice.org

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ACV- Juneau
419 6 th Street, #321
Juneau, AK 99801
(907) 463-3366
(907) 463-3312 fax

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ACV- Anchorage
810 N Street #203
Anchorage, AK 99801
(907) 258-6171
(907) 258-6177 fax

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Web Resources

Legislative BASIS
Current bill text, history & committee schedules

Legislature Homepage
Find Your Legislators, member and party links, committee lists

State Homepage
www.state.ak.us
Links to state agencies, Governor

 ACV Homepage
www.acvoters.org

“When you drop off your child at a daycare... you just assume the water is going to be clean, clear, and no one is going to get sick.”
---Representative Meyer discussing HB360 at the House Finance Committee on 2/10/06. HB360 will close loopholes in current regulations for monitoring small public water supply systems.

• 29 Days and Counting

In Every Issue

• Hot Bills
• Hearings this Week

29 Days and Counting

With only 29 days left in the regular session, the clock is ticking away (although at least one special session to deal with gasline issues is expected to follow right after adjournment). The focus on oil taxes and budgets remains, but other legislation is moving. Here’s the latest on our priorities and other bills of interest to the conservation community:

HCR30 Climate Impact Assessment Commission - Rep. Joule (D-Kotzebue)
As one of our high priority issues, we are pleased to report that this resolution is moving right along. HCR30 passed out of both House Resources and Finance Committees since our last report with strong bi-partisan support. HCR 30 will establish a commission of 15 qualified members to build upon existing information (e.g. The Arctic Climate Impacts Assessment). The Commission will assess the current and potential effects of climate change in Alaska and recommend adaptation, mitigation, and monitoring techniques that can be adopted to minimize the potential serious detrimental impacts of climate change. Two substantive changes were made during both the House Resources and House Finance committee hearings. One change established a seat for a person “knowledgeable in the area of land management and the restoration of wildlife and natural resources.” This would replace the seat formerly designated for DNR and initially designated for the Alaska Conservation Alliance. Another change replaced the Alaska Youth for Environmental Action (AYEA) seat with a person who represents youth based on a recommendation from the University of Alaska Board of Regents. Additional changes to commission composition are expected.

SB 278 by Senator Olson (D-Nome) also addresses this critically important issue and has been scheduled for a hearing in the Senate Resources Committee this week.

HB328 Ban Mixing Zones in Spawning Areas - Reps. Seaton (R-Homer), LeDoux (R-Kodiak), Olson (R-Soldotna) and Gatto (R-Palmer)
Another high priority, this bill would prevent a rollback as currently proposed by the Administration and would codify the existing regulatory ban on mixing zones in spawning areas with some improvements. HB328 was heard in the House Resources Committee, the second committee of referral, on April 3. During the hearing, most of the witnesses weighed in with strong support for the measure. However, Steve Borell of the Alaska Miners Association testified in opposition, calling the bill a blatant attack and threat to the future of the mining industry. Borell also suggested the proposal would hurt villages who also need mixing zones for their waste discharges. For its many supporters, this bill is about making mixing zones in spawning areas the exception and not the rule. The measure was held in committee, but will be back up this Wednesday for additional discussion.

HB445 Alternative Energy Grant Fund - Rep. Thomas (R-Haines)
HB445 was heard in House Finance on April 4th and received generally favorable reviews. Some resistance was met from committee members wary of increasing state general fund spending. Co-Chair Meyer said it was a good bill but chose to hold it while they consider an alternative funding source.

Currently, the bill sets up a grant program within the Alaska Energy Authority for alternative energy projects. For each year that West Coast oil prices exceed $35 per barrel, the bill suggests the legislature appropriate to the fund an amount equal to 10 cents per barrel of oil produced. Grants can be up to $20 million per grantee. Grantees can be electric utilities, a government entity, or independent power producer. Grants are subject to a 25% match. The committee substitute also allows grants for energy efficiency projects.

HB415 Liability for Recreational Land Use - Rep. Seaton (R-Homer)
This good bill moved out of House Judiciary with a technical title change and then passed the House with full support (35 yeas, 3 excused and 2 absent). It encourages recreational use of private lands by granting immunity to landowners who allow free access.

HB307 Knik River Public Use Area - Rep. Stoltze (R-Chugiak)
This bill would establish the Knik River Public Use Area. HB307 moved out of House Resources with amendments including language more protective of non-motorized recreation, along with some technical changes. Several days later it was heard in and passed out of the House Finance Committee without change. This one is getting better but remains a controversial bill that has wide range of opponents and supporters.

HB318 Eminent Domain - Reps. McGuire (R-Anchorage), Holm (R-Fairbanks) and Hawker (R-Anchorage)
The Senate Judiciary Committee continues to discuss HB318, which prevents the government from taking private land to transfer to another private person for economic development and the taking of a landowner's residence for recreational purposes, with exceptions. In addition to some technical changes, amendments expanded escape clauses to allow the Legislature or local government to override the private property taking limitations. However, at the next hearing they deleted the local government override for recreational condemnations so we won some, then lost some but had a net gain. The committee will next discuss the definition of recreation, consider additional amendments and probably move it out.

HB324 Invasive Species - Rep. LeDoux (R-Kodiak)
This bill, which bans the importation, transfer, and cultivation of orange hawkweed and purple loosestrife, passed the House 30-6. The Senate is next. It is a start but we continue to encourage the Administration to establish an invasive species working group to take a comprehensive look at marine and terrestrial issues.

HB380 State Veterinarian Powers (Avian Flu) - Rep. Meyer (R-Anchorage)
HB380 passed Senate Resources with an amendment. The amendment streamlines and improves the system for making payments to owners for animals destroyed. It is now on its way to the Senate Finance Committee. HB 380 repeals and reenacts several provisions of Title 3 to modernize the powers of the Commissioner of the Department of Environmental Conservation and the State Veterinarian. Current statute was created at a time (prior to statehood in 1949) when the legislature was concerned primarily with fur farms and animals labeled as “livestock.” As such, the State Veterinarian is limited to respond only to infections and diseases present in livestock. HB380 expands and modernizes this authority to allow the State Veterinarian to respond to diseases in wild animals.

Avian influenza is one in a long list of zoonotic diseases that can be devastating to animals and potentially pandemic in human populations. While thus far the deadly H5N1 strain of the bird flu has yet to be found in North America, it has been detected in migratory birds in other parts of the world. As the “crossroad” for millions of birds migrating between Asia and North America, Alaska has the potential to be one of the first North American locations to be affected by the virus. Modernization of the State Veterinarian’s powers to be able to address infections in wild populations will ensure that the spread of diseases such as the avian flu virus are controlled, monitored, and dealt with accordingly.

HJR29 & SJR17 Exxon Valdez Reopener - Sen. French (D-Anchorage)
HJR29 passed out from House Fisheries in February, but has yet to move in House Resources. SJR17 has not had any hearings yet. Under the terms of the "Reopener for Unknown Injury" clause that was part of the 1991 Exxon Valdez settlement, additional funds could be requested if impacts that were unknown at the time of the settlement were discovered. Under the terms, however, there is a limited window in which these funds can be applied for which closes on September 1, 2006. Plans for how the funds will be used must be submitted to Exxon 90 days in advance of the claim, or by approximately June 1, 2006. If no action is taken before this date to reopen the litigation to continue the damage discussion, the opportunity to recover up to an additional $100 million will be lost forever.

SB86 Public Interest Litigation - By Request of the Governor
Heard for the first time in the House in the State Affairs Committee, this bill is back again this week. Currently, successful public interest litigants who file lawsuits against the state or a municipality are often granted full fees in cases determined by the court to be advancing an important public policy issue. SB 86 upsets this critical check and balance by limiting the award of attorney's fees for these cases. As a result, the bill will discourage watchdog lawsuits by ordinary citizens with shallow pockets, who will have a much harder time finding an attorney to take the case.

HB420 Riparian Protection Standards - By Request of the Governor
This bill passed the House without change. It would complete the task of setting statewide riparian standards that began with the 1990 changes to the Forest Practices Act (AS 41.17) and has our strong support with the amendment made in the House Fisheries committee.

HB418 Mining Taxes and Royalties - Rep. Seaton (R-Homer)
No action since last report on this bill that will increase mining taxes and royalties. It may be back up for additional consideration but will not pass this year.

HCR29 Pebble Mine - Rep. Hawker (R-Anchorage)
This resolution requests the Commissioner of Natural Resources to complete a management plan for the area encompassing the Pebble copper deposit. It is still sitting quietly in the House Resources Committee and appears to be dead.

SB85 Dalton Highway ORV Use - Sen. Seekins (R-Fairbanks)
This bill would break a longstanding promise to the people of the region by repealing the ban on the use of certain off-road vehicles within five miles of the right-of-way of the James Dalton Highway . It continues to sit in House Transportation and is not yet scheduled for a hearing.

SB305 & HB488 Oil & Gas Production Tax – Released by Request of the Governor
The Senate Resources Committee moved its version of the bill which is now under consideration by the Senate Finance Committee. The House Finance Committee is looking at the House Resources rendition of this landmark legislation. Both bodies are still searching for a final answer. Bi-partison support will be necessary to seal the deal. It’s not clear at the moment whether they can come to a conclusion by adjournment deadline. “Progressivity” provisions and the 25% tax rate (contained in the Senate Resources bill) continue to be the primary targets of significant industry and administration angst. In the end, it may be a question of who blinks first.

HB365 House Operating Budget
The House Operating Budget (HB 365) passed the House and is now under consideration by the Senate Finance Committee. The Supplemental Appropriations bill is in free conference committee. The fate of the Power Cost Equalization appropriation is one of several outstanding issues. Behind the scenes work to build a capital budget continues.

Hot Bills

Bills move at a rapid pace this time of year. You can obtain up-to-date legislative information on the BASIS website. The following chart notes the status of a few bills of importance to the conservation community.

Hearings this Week

Click on the date in the table below to get the most current schedule information for that day, or check the BASIS hearing schedule. Once a bill has been heard in a particular committee it may be brought up again without public notice or listing on the weekly committee schedule. You can click on a committee name to see a list of its members.