Alaska Conservation Voters

Conservation Watch

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

“Are we going to be studying Alaska or are we going to be studying Mars, too?”
--- Rep. Jay Ramras (R-Fairbanks) responding to discussions on global warming at the House Resources Committee hearing for HCR30 on Monday, March 28. For more information on the hearing, see "House Aims to Create Panel to Track Climate," Juneau Empire.

• Pesticides
• How are we doing?
• SEACC Legislative Blog

In Every Issue

• On the Move
• Hot Bills
• Hearings this Week

HB 19, the Pesticide Right to Know Law, was passed last year by the House on March 23 and the Senate on May 3 before being signed into law by Governor Murkowski on June 7. As the culmination of five years’ legislative advocacy and public education on pesticide issues, HB 19 represents a significant step forward in efforts to protect Alaskans from exposure to harmful chemicals. So what has happened since it was signed into law last year?

The new law, sponsored by Anchorage Rep. Kevin Meyer, contains three major components: a registration fee on pesticide manufacturers, licensing (and thus training) of applicators, and a requirement for onsite notice when pesticides are sprayed in public parks, sports fields, government buildings and common areas of apartment complexes. Previously, Alaska was the only state which did not require a fee to register pesticides. While the pesticide control regulations, as amended on February 15, 2006, include the regulations to address the registration fee and the licensing of applicators, a key component--the on-site, public notice around locations where pesticides will be sprayed--has yet to be integrated into the latest version of the regulations.

The Division of Environmental Health and the Department of Environmental Conservation still have time to modify and finalize the existing regulations. Representative Meyer's office and ACV are well aware of the issue and following up with the Division to ensure that the provisions for public notice are included in the final version of the proposed regulations. A current version of the proposed regulations as amended on February 15, 2006 can be found here.

In other pesticide news, on March 1 the Alaska Department of Environmental Conservation issued a permit to the Klukwan Inc. timber corporation to aerially spray the herbicides Accord/glyphosate and Arsenal/imazapyr, along with surfactants Competitor and In-Place, by helicopter on about 2,000 acres of forests on Long Island in Southeast Alaska. The proposed spray areas include lands that are used traditionally by the people of Hydaburg for subsistence harvesting of foods such as berries, medicinal plants, and fish. The agency made the decision to issue the permit despite having received 918 letters and comments from Alaskans, the large majority of whom opposed the pesticide spraying. The opposition included resolutions from Alaska Native tribes as well as letters from commercial fishermen and health care professionals. Many individuals are also concerned with the long term effects of exposure to low dosages of the pesticides, which could potentially cause harm to populations that rely on the area for subsistence.

For more information check out:

"Pesticide Permit Jeopardizes Health," Anchorage Daily News

Pesticide Fact Sheets

How to Take Action on the Issue

The Division of Environmental Health Webpage on the Klukwan Permit

The Division of Environmental Health Webpage on Pesticide Control

Status Report - How are we doing?

We are well past the halfway point and are now approaching the final stretch. We thought you might like to know how we’re doing on our priorities and other legislation of interest. While oil taxes and budget are appropriately dominating the Legislature’s time and attention, there are other signs of life in the Halls of the Capitol —

Good Bills

Climate Change (HCR 30 - Joule)
At long last, this very high priority legislation has had a hearing in the House Resources Committee. The bill passed out from the Resources Committee on Monday and is now in the House Finance Committee. Whatever the cause, too many Alaskans are subject to the effects of the changing climate. Each year weather patterns are damaging Alaska ’s vital infrastructure, irreplaceable cultures, and essential revenue resources. Many states and communities across the country are beginning to develop adaptation strategies to minimize the economic costs and other impacts of climate change.

HCR 30 will establish a commission of 13 qualified members to build upon existing information (e.g. The Arctic Climate Impacts Assessment). They 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. SB 278, sponsored by Sen. Olson, also addresses this critically important issue but has not yet been scheduled for a hearing while the Senate Resources Committee continues to deal with oil tax legislation.

Mixing Zones (HB 328 - Seaton, LeDoux, Olson and Gatto)
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 will be scheduled for a hearing in the House Resources Committee on April 3. This is the second committee of referral. Next stop - Rules Committee.

Renewable Energy
Two key bills, HB 335 (Berkowitz) and HB 445 (Thomas), are in House Finance waiting to be scheduled. That is not likely to happen until the committee finishes work on oil tax legislation. These are important bills but there are others in the mix. We support any and all efforts to evaluate, prioritize and fund renewable energy projects in Alaska .

Invasive Species (HB 324 - LeDoux)
This bill bans the importation, transfer, and cultivation of orange hawkweed and purple loosestrife. The bill will wait in House Rules while the sponsor tries to gather 21 votes to get it to the Floor. HB324 is a good start, but we are also encouraging the Administration to establish an invasive species working group to take a comprehensive look at marine and terrestrial issues.

Exxon Valdez Reopener (HJR 29 - Croft; SJR 17 - French)
These resolutions are in their respective Resources Committees, but have yet to be scheduled. They urge the United States Department of Justice and the Alaska Department of Law to identify all natural resource damages from the Exxon Valdez oil spill that were unanticipated at the time of the 1991 settlement, to develop plans to remedy the damages, and to present the ExxonMobil Corporation with a request for the full $100,000,000 that is available through the "Reopener for Unknown Injury" clause of the 1991 civil settlement to carry out these plans. If we don’t move to reopen the litigation, the opportunity will be lost forever. We feel strongly that the state and federal government have a legal and moral duty to continue the damage discussion.

Recreational Use Immunity (HB 415 - Seaton)
This bill easily moved out of House Resources last week with strong support from a wide variety of organizations. It encourages recreational use of private lands by granting immunity to landowners who allow free access. It also provides that there is no duty under these circumstances to keep the land safe for use, warn of unsafe conditions or curtail the use of private land for recreational purposes. However, the landowner receives no protection if they charge for access, or are guilty of intentional, reckless or grossly negligent conduct. This bill is very good for both recreational users and landowners in Alaska .

Riparian Standards (HB 420 - Governor)
This bill passed House Resources last week without change and is now is the House Rules Committee. HB420 would complete the task of setting statewide riparian protection standards that began with the 1990 changes to the Forest Practices Act (AS 41.17) and has our strong support.

Mining Taxes and Royalties (HB 418 -Seaton)
HB418 heard again in the House Ways and Means Committee last week and on Monday. A new CS was presented to the committee by Rep. Seaton. Here is a summary of the changes:

• The Mining License Tax : Was changed to make the mine the taxable entity instead of the individual; 3-year exemption changed to 3-year deferral with 10-year payback schedule; Depletion allowance is changed to allow only for cost depletion only.  Cost depletion allows for a percent of development expenses equal to the percent of ore body mined during the tax year, to be deducted from the tax base; Graduated income scale is changed under current amounts to be 5%, 7% and 9% ; Additional tax bracket is added for income over $500K to be taxed at 11% of net income
• Mineral Production Royalty : Current Royalty replaced with 3% Net Smelter Return (NSR) tax or equivalent; NSR is based on the amount received from the smelter, minus costs associated with refining and transportation to the smelter.  (Other deductions may apply)  This is standard for other mineral rights owners in Alaska ; Mining activity not requiring smelting is taxed 3% of the gross value at the point of production 
• Coal Production Royalty : Changed to 5% adjusted gross to meet what is currently in regulation
• Rents : Coal rents changed to be no less than $3/acre per year, as is currently in regulation; Mineral rents changed to be no less than $3.30/acre per year, as is currently in regulation; Both rental rates are linked to Consumer Index and required to be adjusted at least every 10 years.

HB418 may be back up for additional consideration, but is not expected to go much further this year. We fully support this effort to make sure the people receive a fair share of mining revenues as we move into a new era of large projects.

Avian Flu (HB 380 - Meyer)
Passed the House last week with technical amendments and is now on its way to the Senate. 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. It will allow the State Veterinarian to respond to immediately to potential dangers to Alaskans and our animal populations. Avian influenza is one in a long list of zoonotic diseases that can be devastating to animals and potentially pandemic in human populations. This is a good bill and we hope to see it get to the Governor’s desk this session.

Pebble Mine (HCR 29 - Hawker)
This resolution, that reflects strong opposition to the project by many locals and others, requests the Commissioner of Natural Resources to complete a management plan for the area encompassing the Pebble copper deposit. After a good start, it lost momentum and is now sitting quietly in the House Resources Committee.

Problem Bills

Knik River (HB 307 - Stoltze)
HB307 is an Act creating the Knik River Public Use Area. The bill was scheduled for its first hearing in House Resources on Monday. Due to time constraints at the Monday hearing, the bill has been scheduled to be discussed again on Wednesday at 1:00. This is a controversial bill and many concerned citizens are taking it very seriously.

Dalton Highway (SB 85 - Seekins)
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 and continues to sit in House Transportation, which is good news for SB 85’s many opponents but is nothing to take for granted.

Eminent Domain (HB 318 - McGuire, Holm and Hawker)
The Senate Judiciary Committee continues to discuss this bill that prevents the government from taking private land to transfer to another private person for economic development and the taking of a landowners residence for recreational purposes, with exceptions. Local control issues, the scope of the recreational provisions, and related concerns about the bill’s impact on access to land and water for hunting, fishing boating and similar activities continue to dominate the discussion. The bill is in pretty good shape but still needs work. It will be up again on Thursday where the committee will consider additional amendments.

Public Interest Litigation (SB 86 - By Request of the Governor)
This bill which got through the Senate last year was recently heard for the first time in the House State Affairs Committee. It 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.

According to the Governor,“to ensure that public money is not disbursed as a subsidy to these litigants without an appropriate legislative authorization, the bill provides, as a matter of sovereign immunity, that the state or municipality would not be liable for attorney fee awards in excess of certain percentages of a money judgment or, if a money judgment is not recovered, certain percentages of the reasonable actual attorney fees the prevailing party incurred in litigating the issues upon which the party prevailed.”

Many others believe that costs to the government shouldn’t be the driver here and the Legislature should leave well enough alone: This is about fundamental rights of watchdogs to sue the state for illegal action. If they are only getting a portion of their fees, many may not be able to afford litigation. As a result, the bill will effectively deny citizens access to the courts and act as a significant barrier to public interest litigation. We are very concerned about this legislation.

SEACC Legislative Weblog

The Southeast Alaska Conservation Council recently set up a Legislative "Weblog" (or "Blog" for short) that includes news items and action alerts about the legislature. As a form of online journal, the Blog creates an educational forum that allows for feedback and discussion of "hot" conservation issues. Information will be posted on legislative issues and will include a listing of how you can get involved and take action on issues such as mixing zones and transportation priorities. For more information, visit the SEACC website or go directly to the blog and check it out for yourself.

On the Move

SB305 Oil and Gas Production Tax
The Senate Resources Committee continues to work through their version of the oil tax legislation. A proposed committee substitute has changed the tax rate to 25 percent and pared back some of the industry incentives in the bill, which resulted in criticism from the Administration and unanimous condemnation of the bill by the state's oil companies. On Friday Senators Wagner, Stedman and Elton rejected an attempt by Senator Ben Stevens, supported by Senator Seekins, to lower the tax rate to 20 percent. The committee also has made a number of other changes with a focus to the so-called “ clawback” transitional provision and the Governor’s proposed $73,000,000 deduction. They are expected to finish their work soon and send it on to the Senate Finance Committee for more hearings this week. In the meantime, the House Finance Committee has begun consideration of the House version of the bill (HB 488) this week (see Conservation Watch #8 for more details).

The Operating Budget
The House Finance Committee passed the Operating Budget, HB 365, out of committee. It reduced the Governor's request by over $120 million in general funds. The Finance Subcommittees looked at the Governor's budget and were very cautious about funding new or expanded programs or backfilling programs experiencing a loss of federal funds. "We want to slow the rate of increase to the budget to make sure that we can sustain these budgets into the future. It's our job to make sure we have the most efficient and effective government possible while making the necessary investments into programs that Alaskans need," said Representative Kevin Meyer. The Operating Budget is being discussed on the House Floor this week. The fast track supplemental budget also is in the mix.

The Capital Budget
The behind the scenes work to build a capital budget is underway. For further information on the budget process, visit the following link.

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.