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

“If you look at the calendar, we're running out of time to deal with an oil tax in the regular session. It's looking like it's going to be the first thing we take up in the special session.”
--- House Minority Leader Ethan Berkowitz (D-Anchorage)

• The Juneau Road - ACTION ALERT
• PPT Comparison
• 24 Hour Rule on the Horizon

In Every Issue

• On the Move/Status Report
• New Movers
• Hot Bills
• Hearings this Week

The Juneau Road - ACTION ALERT (See Below)

With the legislature currently hashing together the Capital Budget, numerous eyes are beginning to examine Governor Murkowski’s request to spend $45 million from the state General Fund to kick-start summer construction of the Juneau road extension and shuttle-ferry. The proposal would extend the current road 50 miles to a ferry hub 90 miles north of the capital at the Katzehin River. Current estimates of the project state that it will cost around $277 million.

To view the proposed route for the road, click on the image to the right. The Department of Transportation (DOT) hopes to advertise the contract by May for Stage 1, which will go from Echo Cove to Comet Beach (as shown by the map). From our current understanding of Stage 1, it appears that the road will remain a dirt (pioneer) road until the full length of the extension is complete (to Katzehin River). Until the road is paved, no public access will be allowed, but questions remain as to whether or not the Kensington Mine will be able to use the road in its unpaved state. To view the original DOT map of the proposed route, click here.

Whereas the original plan for the road aimed at connecting Juneau to the continental road system, DOT announced last August that the proposed road would no longer extend to Skagway. As put forth in the Record of Decision, the extension will now need to end at the Katzehin River, 18 miles short of Skagway, in order to avoid a national historic site.

DOT evaluated numerous options, including a “no action” alternative, for improving surface transportation between the cities of Juneau, Haines, and Skagway. In the Record of Decision and Final Environmental Impact Statement, DOT’s cited goals in moving forward with the proposed route (known as route 2B, which is shown in the map above) are to:

1. Provide the capacity to meet transportation demand in the corridor
2. Provide flexibility and improve opportunity for travel
3. Reduce travel times between the Lynn Canal communities of Juneau, Haines, and Skagway
4. Reduce state costs for transportation in the corridor
5. Reduce user costs for transportation in the corridor

The communities of Juneau, Haines, and Skagway are on record as opposing the road extension and supporting improvements to the Alaska Marine Highway . Below is a rundown of some of the questions Alaskans are raising about the road extension.

What are costs to the state? Outside of the estimated $277 million it will cost to build the road extension, it would cost the state $122 million over the next few decades to operate and maintain—twice that of the Marine Highway System, which will only require $61 million over the same time period.

What are the costs or benefits to travelers? 45% of passengers currently walk aboard the Marine Highway System. If the extension is completed, individuals wishing to travel between Haines or Skagway and Juneau will either have to bring a vehicle to drive the 75 miles from the existing Auke Bay terminal or pay between $75 to $100 for a cab. DOT estimates that it will take travelers 2.5 hours to reach Haines and 3 hours to reach Skagway with the revised road plan, not including wait times for unreserved shuttle ferries. Using the m/v Fairweather, travelers can now reach Haines in just over 2 hours and Skagway in 2.5 hours when wait times are also excluded.

What are the dangers to building in such a sensitive area? DOT estimates that the 36 avalanche chutes crossing the road will keep the road closed for approximately 34 days per year. The Juneau Access Road Environmental Impact Study concluded that the road would have one of the highest avalanche risks of any road in the country. Even if the road is built, ferry vessels and a terminal would have to be maintained for use during road closures.

What are some of the environmental impacts? The road would affect an area considered to be critical sea lion habitat by the National Marine Fisheries Service as well as lands and waters that support countless wildlife species, including bald eagles, moose, deer, bears, mountain goats, humpback whales, orcas, salmon, and steller sea lions.

What are the costs to our communities? DOT states that the Juneau road would have no significant economic impact on the state, nor is the proposed Kensington mine contingent on the road. DOT also predicts that a road could cause property taxes to rise and could double the number of RVs in Juneau in the first year. Both Haines and Skagway’s governments oppose the road, as they fear it will have detrimental effects on their status as tourist destinations. There is also a concern that the project would mar the untouched and pristine image of the Inside Passage.

While large portions of transportation funding are generally derived from more restricted state and federal sources, the $45 million requested from the General Fund is far more flexible and could potentially be used on anything from improving education and healthcare to fixing existing roads throughout the state. An additional $9 million from these funds is also being requested for the Stampede Road extension. To put this request further into perspective, during a “normal” year, the capital budget for the entire state is roughly $100 million, with Juneau generally receiving approximately $3 million in capital projects. DOT’s strategy to obtain additional funds outside of the capital budget could result in the delay or elimination of other statewide projects already in the transportation budget.

The decision of whether or not to include the $45 million the Governor requested for the road in the Capital Budget now lies in the hands of the legislature. We expect to see a Senate Finance draft of the Capital Budget (SB231) by Monday April 24. Public hearings on the Budget are scheduled for next week, with agency testimony on April 25 and 26 and public testimony on April 27 and 28.

ACTION ALERT! - What can you do?
Decisions are being made NOW on whether or not to include the $45 million allocation for the Juneau Road Extension and $9 million for the Stampede Road Extension in the Capital Budget. Contact your legislators and urge them not to use flexible General Fund dollars for the Juneau or Stampede Road Extensions. To locate contact information for your Representative or Senator, click here.

For more information visit:

Alaska Transportation Priorities Project

DOT's Juneau Access Webpage

JuneauRoad.com

PPT Comparison

With the immensely complex Petroleum Production Tax still being debated by the House and the Senate, we felt a listing of some of the basic differences between all the versions on the table was in order. On Wednesday, April 19th, Senate Finance Co-Chair Lyda Green introduced a new version. Changes as proposed by her CS are highlighted in blue. Senator Green has indicated that she hopes to have the bill ready to pass out of committee by Friday, April 21.

For more information visit:

Fairbanks News Miner's "Citizen's Guide" to the Oil Tax Debate

Democratic Caucus' Webpage on the PPT

Republican Caucus' Webpage on the PPT

Heads Up! -- The 24 Hour Rule is on the Horizon

In the closing days of the legislative session, lawmakers are known to pass key budget bills and personal legislation in a flurry of activity. Public participation often becomes difficult, if not impossible, during this time as legislators begin to operate under what is known as the “24-Hour Rule.” According to the office of Representative Chenault, chairman of the House Finance committee, it is likely that the switch will happen this weekend or Monday, April 24th, after the Senate approves the operating budget.

Under normal circumstances, the Legislative Uniform Rules require committees to give five days notice prior to any hearing. Once the Legislature has appointed members to the operating budget conference committee, the rules reduce notification requirements to twenty-four hours.

Given that the vast majority of bills becoming law each year pass in the final three weeks of session, the public often has difficulty tracking and influencing legislation during this productive (and potentially destructive) period of the session.

Advocates of the 24-Hour Rule maintain that the public has had the entire session to testify on bills with adequate notice, and that the reduced notification period allows legislators to finish their work on time. Unfortunately, some feel that the rule also enables lawmakers to sit on controversial bills until the end of session when it becomes easier to take action without provoking public outcry.

If you are tracking a particular piece of legislation, you will need to check the BASIS website daily and/or make direct contact with legislative offices in order to obtain updated information.

On the Move / Status Report

Is there light at the end of the tunnel? With only 20 days left in the session, oil taxes and budgets still dominate. Schedules for this week are less crowded as legislators focus mostly on end of session priorities, including several bills of interest to the conservation community. This will be our last full-length status report. From here on out, we will only provide updates on bills that are moving. Here’s the latest news:

HCR30 Climate Impact Assessment Commission - Rep. Joule (D-Kotzebue)
This much needed measure seems to have legs and passed the House on Friday with strong bi-partisan support – 29-0. An amendment co-sponsored by Rep. Joule and Republican Rep. Samuels changed the composition of the commission to reduce the size and increase the number of experts in the mix, in addition to legislators and public members representing affected communities and businesses. Rep. Samuels also generously pledged House Resources committee staff to handle the legwork for the Commission’s efforts.

HCR 30 will establish a commission of 11 qualified members to build upon existing information (e.g. The Arctic Climate Impacts Assessment). They will report back to the Legislature with their assessment of the current and potential effects of climate change in Alaska and recommendations for adaptation, mitigation, and monitoring techniques that can be adopted to minimize the potential serious detrimental impacts of climate change.

SB 278 by Senator Olson (D-Nome) also addresses this critically important issue and had its first hearing in the Senate Resources Committee last week. The bill was heard on Wednesday, April 19 and passed from the committee with an amendment specifying that the chairman of the task force must also be a member of the legislature.

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 codify the existing regulatory ban on mixing zones in spawning areas with some improvements. It had another hearing in the House Resources Committee to listen to the testimony of the Departments of Environmental Conservation and Fish and Game. The bill was held again by co-chair Ramras, who cited unresolved issues with placer miners and small wastewater treatment facilities as reason to hold the bill. With little time left to sort out the issues, it appears that this bill is dead.

HB445 Alternative Energy Grant Fund - Rep. Thomas (R-Haines)
No action last week but we believe it will be heard again soon following internal discussions between the sponsor and Co-Chair Meyer about possible amendments. Currently, the bill sets up a grant program within the Alaska Energy Authority for alternative energy projects. 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 plus income earned on the fund. 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. A committee substitute also allows grants for energy efficiency projects.

HB415 Liability for Recreational Land Use - Rep. Seaton (R-Homer)
This House bill is now in the Senate – no hearing scheduled for this week. 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)
HB307establishes the Knik River Public Use Area and is in House Rules waiting to be scheduled for floor action.

HB318 Eminent Domain - Reps. McGuire (R-Anchorage), Holm (R-Fairbanks) and Hawker (R-Anchorage)
The Senate Judiciary Committee finally moved this bill after numerous hearings that thoroughly hashed, and sometimes re-hashed, the many issues presented by this legislation. There were no further amendments. (See last week’s summary)

HB324 Invasive Species - Rep. LeDoux (R-Kodiak)
This House bill is pending in the Senate but there has been no action since last report. This bill bans the importation, transfer, and cultivation of orange hawkweed and purple loosestrife. 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 is still sitting in Senate Finance. No actions have taken place since our last report. For more information on the bill, please see last week's Conservation Watch.

HJR29 & SJR17 Exxon Valdez Reopener - Sen. French (D-Anchorage)
At long last, a hearing has been scheduled in the Senate. SJR 17 was supposed to be heard on Wednesday in the Senate Resources Committee, but has been rescheduled for Monday, April 24. If we don’t move 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
This bill was heard for the second time in the House State Affairs Committee last week with most of the testimony in opposition. It didn’t move. The committee asked a number of good, tough questions. Rep. Gruenberg took the lead but got some help from Reps. Seaton and Gardner.

This is a Governor’s bill that limits the award of attorney's fees to public interest litigants who have filed claims against the state and municipalities. Currently, these litigants are often granted full fees in cases determined by the court to be advancing an issue that reflects strong public policies. This bad bill upsets the balance and will discourage lawsuits by ordinary citizens to address important policy issues.

HB420 Riparian Protection Standards - By Request of the Governor
This bill is sitting in Senate Resources and there has been no action since last report. The bill 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, which is still sitting in the House Ways and Means Committee. HB418 would increase mining taxes and royalties. It appears to be dead but we expect the issue to be back on the table next 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 also 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.

HB360 Regulation of Public Drinking Water – Rep. Meyer (R-Anchorage)
HB 360 had a hearing in House Finance. It didn’t move but is likely to re-surface soon. While there was good support from ADEC and others, some members were concerned that this measure would unnecessarily add another layer of bureaucracy and more jobs to the payroll.

The bill directs the Department of Environmental Conservation to regulate small public water systems to ensure that the public's water supply is safe and clean. Approximately 100,000 Alaskans get their water from small public water systems. These public water systems are too small to be regulated by EPA but are bigger than a private well. Approximately 3,000 of these small public water systems serve public facilities like day care or residential care facilities and office buildings.

According to the Center for Disease Control (CDC), the number of water borne outbreaks related to water sources not covered under the National Safe Drinking Water Act has increased 50% since 1998. The increase is attributed to rapid community growth, on-site waste disposal systems and faulty well design. A national study of 5,000 small water systems showed 42% contaminated with fecal colifrom. Drinking Water can be contaminated with a variety of things that potentially are fatal including fecal coliforms, nitrates, E. Coli and Cryptosporidium.

Alaskans may assume that the water they drink is safe and sanitary, but the water used in many restaurants, day care facilities and other public places is often untested and could be contaminated. By monitoring and establishing standards for small public water systems the Department of Environmental Conservation will be able to respond to complaints from the public, ensure drinking water is safe and be prepared to respond to an emergency.

SB305 & HB488 Oil & Gas Production Tax – Released by Request of the Governor
The Finance Committees continue to plod through these difficult bills and ponder the issues and policy implications. From Day One, the Legislature has acted in a very responsible, focused and bi-partisan manner. Our legislators deserve high marks for this effort to date. The final answer is still hard to predict but both committees are expected to present their ideas soon.

HB365 House Operating Budget – Released by Request of the Governor
The House Operating Budget moved out of the Senate Finance Committee and is heading to the Senate Floor. After that it will return to the House for a formal concurrence vote and then on to a conference committee. The bill reduces the budget proposed by the Governor by more than $120 million.

SB232 Supplemental Appropriations – Released by Request of the Governor
SB 232 moved out of the conference committee, was adopted by the House and Senate and has been transmitted to the Governor on Wednesday, April 19. It includes $750,000 for Arctic Power; $3 million to PAC West Communications for a lobbying effort to open ANWR; $3.3 million for the Power Cost Equalization program (House number); and $250,000 for the bulk-fuel loan program .

SB231 Capital Budget – Released by Request of the Governor
Cheryl Fresca, the Governor’s budget chief, presented the Administration’s Capital Budget priorities as contained in SB 231, but there was little discussion and no committee action. In the meantime, behind the scenes work to build the capital budget continues and we expect to see a Senate Finance draft by Monday April 24. Public hearings are scheduled for the week of April 24 with agency testimony on April 25 and 26 and public testimony April 27 and 28.

New Movers

SB 316 Court Review of Stranded Gas Development Act - Senate Judiciary
Just introduced – “An act amending the Alaska Stranded Gas Development Act to eliminate the opportunity for judicial review of the findings and determination of the commissioner of revenue on which are based legislative review for a proposed contract for payments in lieu of taxes and for the other purposes described in that Act; and providing for an effective date.” The bill was heard in Senate Judiciary on Wednesday and Thursday and will be back up on Friday, April 21.

SB 166 Wildlife Conservation Tag - Sen. Bunde (R-Anchorage)
"An Act relating to an annual wildlife conservation tag; relating to bond requirements for vendors of fish and game licenses, permits, and tags; and providing for an effective date." Senate Bill 166 will create a system to enable those who view Alaska 's wildlife to contribute to fish and wildlife management and eco-tourism programs. SB 166 will require those who take a wildlife viewing tour of any kind (by boat, bus, train, etc.) to purchase a $5 annual wildlife conservation tag. This tag fee would raise about $2 million per year. Those who are under 16 or over 60 years of age, purchase hunting, fishing or trapping licenses, are disabled vets or blind are not required to purchase the tag.

Some of the revenue received from the sale of wildlife conservation tags would go into a special account in the Fish and Game Fund for "fish and wildlife management programs that directly benefit tag purchasers", alleviating pressure on the Department of Fish and Game to use hunter and angler dollars for "nonconsumptive" programs .

This bill was heard for the first time in Senate Resources last week. A new CS would change this from a mandatory fee system to an optional one where you could buy a conservation pin with proceeds going to a wildlife conservation account in the fish and game fund.

SB 170 Department of Fish & Game Powers & Duties - Sen. Seekins (R-Fairbanks)
"An Act relating to the Department of Fish and Game, the Board of Fisheries, and the Board of Game; relating to the taking of big game and to the disposition of a mount, trophy, or part of a fish or game animal; setting fees for certain trapping licenses and certain hunting licenses, permits, and tags; setting fees for the resident combined hunting, trapping, and sport fishing license and the resident combined hunting and sport fishing license; relating to the resident small game hunting license; setting application fees for certain hunting permits and stamps; establishing a surcharge on hunting, trapping, and sport fishing licenses; relating to certain hunting, trapping, and sport fishing licenses, tags, permits, and stamps; relating to the fish and game fund; relating to violations of fish and game laws; relating to state management of wildlife; relating to endangered fish and wildlife; and providing for an effective date."

This very long and very complicated bill (as you can see from the title alone!) that covers a tremendous amount of Fish and Game territory. The bill was heard for the first time last week. The bill is scheduled again for Friday in the Senate Resources Committee. The Administration has many, many concerns and it is hard to see how this one will be able to get all the way through this session.

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.