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.

Conservation Watch (CW) is a weekly publication of ACV highlighting conservation issues in the AK Legislature.

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Contributing Editors

Suzanne Bostrom
Legislative & Communications Manager
suzanne@akvoice.org

David Rogers
ACV Lobbyist

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ACV- Juneau
419 6th Street, #321
Juneau, AK 99801
(907) 463-3366
(907) 463-2554 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

ACV Legislation Page
Bill position papers, back issues of Conservation Watch, and legislative updates

Legislative BASIS
Current bill text, history & committee schedules

Legislature Homepage
Find Your Legislators, party links, committee lists

State Homepage
Links to state agencies and the Governor

 ACV Homepage

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In This Issue

• Action Briefs
  • Worth Noting
  • On the Move
• Hearings this Week

Worth Noting

Climate Change Update
To explore ways Alaska can reduce its own greenhouse gas emissions and develop policies to help the state adapt to climate change, Governor Sarah Palin established a new global warming “sub-cabinet.” The group will include the Commissioners of the Departments of Environmental Conservation, Fish and Game, Natural Resources and Commerce, along with the state’s Washington, D.C., office chief John Katz and a representative of the University of Alaska. For more information, visit some of the following story links:

• “State Aims to Reduce Emissions” - Anchorage Daily News
• “Group Aims at Curbing Greenhouse Gas Emissions” - Associated Press

The Climate Impact Assessment Commission also met this week in Anchorage on Thursday and Friday. For more information on discussions as of Thursday regarding the Commission’s hearings, visit:

• “State to Look for Ways to Reduce Emissions” - Fairbanks Daily News Miner
• “Warming Can Alter State Economy” – Anchorage Daily News

On the Move

HB28 Disclosure of Power Sources - Rep. Ramras (R-Fairbanks)
A committee substitute for HB28 was moved from House Finance this week. The bill would require electricity suppliers to annually disclose their electricity sources (renewables, gas, diesel, coal, etc.) to consumers. In the committee substitute, language was altered to make sure that small utilities would not be impacted or harmed by the reporting requirements, as intended by the sponsor. The exemption level was raised from those that gross no more than $500,000 (a 250 customer equivalent) to include those that gross no more than $5 million. Now only the larger utilities will be subject to the new requirement. Some committee members questioned the value of this information requirement for consumers that use only one energy source, especially in communities where people often see that sole energy source being delivered (i.e., diesel arriving via planes) Rep. Gara proposed an amendment to require that approximate emissions (including greenhouse gases) from each source also be included and proposed that the effective date be delayed for one year to allow time for the energy source disclosure to be up and running. While Rep. Ramras acknowledged that he thought this was a “good idea,” he did not want to insert the provision in this bill. The committee voted down the amendment 5-1.

HB87 Citizen's Advisory Committee on Federal Areas - Rep. Kelly (R-Fairbanks)
A committee substitute for HB87 was moved from House Finance this week and has been referred to Rules for scheduling on the House Floor calendar. The CS placed the Committee in the Department of Natural Resources. Language setting up a process for removal of a member was deleted and a provision was inserted to indicate that each member serves at the pleasure of the appointing authority. As with other hearings on the bill thus far, concerns were raised over whether or not a rural perspective would be integrated into the makeup of the Committee. They were repeatedly assured on the record that this would be an inclusive process with broad representation. The measure would re-establish a Citizens’ Advisory Committee on Federal Management Areas and calls for the House Speaker, Senate President and the Governor to appoint a mix of 8 individuals that are “representative of the diversity of users and uses of federal land in the state,” along with 4 legislators (two from each body appointed by the Speaker and President).

HB149 Pollutant Discharge Permits - Introduced by request of the Governor
HB149 was moved from House Judiciary and has been referred to Rules for scheduling on the House Floor. At the hearing, Commissioner Hartig indicated that obtaining primacy was a top priority for the Administration and that it was one of the top 5 priorities identified by the DEC transition team. Questions were raised by committee members over whether or not there was adequate funding in place for implementing the program. DEC has said repeatedly that we will get a solid and protective water permit program for the money. The bill was introduced by the request of Governor Palin to revise certain provisions of law governing the department's permitting and enforcement authority in order to align the state's permit requirements with the EPA's. The EPA is currently reviewing Alaska's application to run the now federal NPDES permitting program. The proposed changes in the bill are conditions for approval of the state’s application and make state law consistent with the more stringent federal law. In related news, Senate Finance re-inserted the $1.5 million operating budget request from the Administration for the program before moving it from committee on Friday.

HB152 Establishing A Renewable Energy Fund - Rep. Harris (R-Cordova)
ACV Priority Moves - House Finance moved a committee substitute for HB152 from committee on Friday. Next stop: House Floor. Four appropriate amendments were adopted in the CS to: (1) correct a technical/grammatical error, (2) allow the Authority to “apply for and be able to receive contributions from other sources for distribution as grants to eligible applicants,” (3) conform the definition of “hydroelectric facility” with Alaska law, and (4) specify that the renewable energy fund investments will be managed by the Department of Revenue. The fiscal notes for the bill were changed by the committee to be indeterminate. Concerns were cited by members about the need to hire new staff for a fund that has yet to receive any money. They felt the initial setup efforts for the program, including the new stakeholder advisory committee, could be absorbed by the Alaska Energy Authority. The bill would allow the Alaska Energy Authority to provide loans and grants to fund viable renewable energy projects. HB152 and its Senate counterpart, SB96, have strong bi-partisan support. The bills are a top priority for ACV this session.

HB175 Eminent Domain; Recreational Structures - Rep. Johnson (R-Anchorage)
House Finance moved HB175 with no additional changes It has now been referred to Rules for scheduling on the House floor. HB175 is a sequel to last year's controversial revision of eminent domain authorities. This proposal expands eminent domain protections that now apply only to personal residences to prohibit “takings” of an individual’s “recreational structure” (i.e., a permanent, seasonal recreational dwelling) for the purpose of developing recreational facilities.

HB177 / SB104 Natural Gas Pipeline Project - Released by request of the Governor
Prior to the passage of HB177 in House Oil and Gas last week, Rep. Ramras won approval for an amendment to create the Gas Utility Revolving Loan Fund, which would provide state-approved loans to gas utility companies for constructing or extending new gas service. The intent of the amendment was to ensure that it is affordable and feasible for utilities to create new facilities to allow in-state use of gas by Alaskans (see press release). House Resources is now holding hearings on the bill and has lined up a 10-day series of meetings that extends until April 20 (see press release). Hearings continued this week in Senate Judiciary on SB104 with a big focus on legal issues, including the constitutionality of the gas tax freeze (see ADN). Governor Palin is promoting a 10 year gas production tax break, whereas Gov. Murkowski had looked at giving producers a 30 to 45 year break. This week, legislators in both Houses cited the need to bring in consultants to provide an independent analysis of gasline legislation (see News Miner).

HB220 Ban Computer Assisted Remote Hunting - Rep. Buch (D-Anchorage)
A CS for HB220 was moved from House Judiciary this week. The committee substitute added language to specify that a disabled person using equipment or devices as part of the bill’s exemption must be “present in the field and meaningfully participating in the act of hunting under regulations adopted by the Board of Game.” Computer assisted hunting, or Internet hunting, allows a person via the Internet to control the aiming and firing of a rifle that is hooked up to a webcam. For more information, see Conservation Watch 12. ACV supports passage of this pro-active legislation.

HB229 Kenai Gasification Project & Alaska Railroad Corporation - Rep. Chenault (R-Nikiski)
HB229 was moved from House Finance on Friday. This measure would authorize the Alaska Railroad Corporation to sell $2.6 billion in tax-free bonds for construction of a coal gasification plant to save jobs and aid the troubled Agrium fertilizer factory in Nikiski. The railroad aims to get involved with the project in order pick up substantial new business by hauling the coal needed for the new plant from Healy through the port of Anchorage to Nikiski. Rep. Gara (D-Anchorage) raised concerns at this week’s hearing about carbon dioxide emissions from the project and proposed an amendment to address Agrium’s promise to minimize carbon dioxide emissions. Rep. Gara cited his amendment as a proactive step to hold Agrium to their word that they will do everything possible to sequester CO2 emissions. The amendment failed - the Chair and others said that environmental regulatory matters were not appropriate topics for a financing bill. Rep. Crawford (D-Anchorage) thought the project was a good idea, but wanted to know how and when the State could be assured that there would not be problems with things like coal dust. Questions were also raised on what the state would be getting in return for what Rep. Hawker (R-Anchorage) – who said he supports the bill - referred to as “a $2 billion subsidy to shareholders of a private enterprise.” For more information on the measure and hearing discussions, see “Railroad Bonds Could Bail Out Agrium” (ADN). On Friday, Rep. Stoltze highlighted concerns from his district over the possibility that the project as currently designed could preclude establishing rail access to Pt. MacKenzie and that other opportunities were not being fully addressed. This measure deals with one of several coal related projects that are raising the issue of coal development in Alaska.

HJR13 Natural Gas for State Residents - Rep. Gardner (D-Anchorage)
HJR13 was heard and held in House Oil & Gas this week. HJR13 is a joint resolution that urges the Attorney General to determine whether to oppose an extension of the Kenai Liquefied Natural Gas Plant export license in order to get that gas into local markets. The attorney general, the producers of natural gas in the Cook Inlet region, and the Regulatory Commission of Alaska also are encouraged to work to secure long-term and affordable supplies of natural gas for the people and businesses of the state.

SB44 Fire Island Wind Farm - Sen. McGuire (R-Anchorage)
SB44 was heard and held in Senate Resources this week. Time was limited at the end of the hearing and public testimony was not taken. SB44 would appropriate $24,000,000 from the Railbelt energy fund to fund the construction of a wind farm on Fire Island and transmission lines to connect it to the grid in Anchorage. In introducing the bill, Sen. McGuire cited its timeliness since there is currently a window of opportunity to receive Federal funding for the project if actions are taken before the end of the year. In her sponsor statement, Sen. McGuire also noted that the project represents an immediate way to slow the decline in natural gas reserves in Cook Inlet by replacing a portion of the energy use with renewable wind energy. At the hearing, it was also noted that the price of the power generated by the wind farm is estimated to be 6.5 cents to 9 cents per Kilowatt Hour. The current price charged is 8.5 cents. For more information see “Bills Promote Fire Island Wind Farm” (ADN). The bill is scheduled for another hearing this week.

SB91 Pollutant Discharge Permits - Introduced by request of the Governor
CS SB91 (RES) was moved out of Senate Resources this week Changes were made in the committee substitute to conform it with the House bill. SB 91 was introduced by the request of Governor Palin to revise certain provisions of law governing the department's water discharge permitting and enforcement authority in order to align the state's requirements with the EPA's. The EPA is currently reviewing Alaska's application for obtaining “NPDES Primacy”. The changes in the bill would be necessary to bring the state's law in line with the more stringent federal law – a major condition for approval. The companion legislation in the House is HB149.

SB96 Establishing A Renewable Energy Fund - Sen. Ellis (D-Anchorage)
SB96, one of ACV’s top priorities, was heard and held in Senate Resources on Friday. Time was limited and only a portion of the public testimony was heard. We expect that this bill (or the House version - HB 152) will be heard again soon. It would allow the Alaska Energy Authority, working in consultation with a stakeholder advisory committee, to provide loans and grants to fund viable renewable energy projects and the studies necessary to launch new renewable energy projects. SB96 and HB152 have strong bi-partisan support.

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.