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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25th Legislature Countdown: 11 days remain in the first Session!

In This Issue -

• Down the Home Stretch
• Action Briefs
  • On the Move
  • New in Town
• Hearings this Week

Down the Home Stretch

With only 11 days remaining in the first Session of the 25th Legislature, the majority of the 486 bills and resolutions introduced between the two bodies have already been bagged for next year. We anticipate that the final days of the session will be filled with work on the Legislature’s priority issues, including the gas pipeline and capital budget.

Here is the rundown of the bills that saw some action this week…  

On the Move

**Passed the House** HB87 Citizen's Advisory Committee on Federal Areas - Rep. Kelly (R-Fairbanks)
HB87 passed 31-7 in the House this week. Two amendments were adopted on the floor. The first by Reps. Nelson and Kelly changed language to ensure a “reasonable geographic balance”. The second by Rep. Gardner was designed to increase public participation and requires public hearings and an opportunity to comment before the committee makes recommendations. A third amendment was offered by Rep. Kawasaki to move the sunset date for the committee from 2014 to 2010, but it failed 14-25. The measure has now gone to the Senate where it received Resources & Finance Committee referrals.

HB128 Oil & Gas Production Tax: Expenditures - Rep. Olson (R-Soldotna)
HB128 moved from House Resources on Friday and has been sent to Judiciary. The measure was heard on Tuesday in a House Resources subcommittee, which made recommendations that were brought back to the full committee. At Wednesday’s hearing with the full committee, there were remaining technical and legal concerns and the bill failed to move after a 4-4 vote. There are 20 sponsors on the House version of the bill and 18 senators signed on to the Senate version, SB80. Both measures deal with oil companies’ ability to deduct under the new Petroleum Production Tax maintenance expenses incurred as a result of negligence.

HB152 Establishing A Renewable Energy Fund - Rep. Harris (R-Cordova)
ACV Priority Moves – Senate Resources passed out a committee substitute for HB152 from committee this week. It now sits in its last substantive committee of referral – Senate Finance. The Alaska Energy Authority requested 5 technical changes that were adopted in the CS. The bill received five “do passes”, including Senate President Lyda Green and Committee Chair Charlie Huggins. ACV is cautiously optimistic that this measure can make it through this year, but the end-of-session time crunch in Senate Finance (which is wrapped up in AGIA and the capital budget) may pose difficulties. HB152 sets up the infrastructure for the Alaska Energy Authority to provide grants and loans to finance the development of renewable energy projects in Alaska.

HB164 Ocean Rangers & Reporting Vessel Location - House Transportation Committee
A committee substitute for HB164 was moved from House Finance. The bill is now in House Rules. The only change made to the measure in House Finance was to alter the title of the bill to add “marine discharge and pollution” to the description of the federal and state requirements the wastewater treatment operator will monitor. This measure deals with how to implement the Ocean Ranger requirement from last year’s cruise ship initiative. The measure is scheduled for the House Floor on Saturday, May 5.

HB175 Eminent Domain; Recreational Structures - Rep. Johnson (R-Anchorage)
This measure was transferred to the Senate this week where it received State Affairs, Judiciary and Finance committee referrals. However, the State Affairs referral was waived on Thursday. This proposal expands eminent domain protections that now apply only to personal residences to prohibit “takings” of an individual’s “recreational structure” for the purpose of developing recreational facilities. Last week, language from Rep. Gara’s HB40 was added to direct the commissioners of DNR and F&G to maintain a list of lands where access to certain waterways is or may become impeded by private land ownership and to allow for voluntary land trades, purchases and leases between the state and landowners to enhance and protect public access.

HB176 Create Fort Rousseau Causeway Park – Rep. Wilson (R-Wrangell)
HB176 passed 38-0 on the House Floor this week and has been transmitted to the Senate, where it received Resources & Finance referrals. This measure would create the Fort Rousseau Causeway State Historical Park to “promote, support, and preserve public use by maintaining and protecting the area’s fish and wildlife habitat, cultural resources, and scenic values.”

HB177 / SB104 Natural Gas Pipeline Project - Released by request of the Governor
Committee discussions in both House and Senate Finance heated up this week as questions over AGIA were raised by the North Slope producers who have lined up in opposition to the current version of the bill. All three are saying they would not submit proposals under AGIA’s “stringent” requirements. However, the Administration and other supporters, such as former Governor Wally Hickel, are holding firm in their push for the Legislature to pass AGIA without compromising on the Palin Administration’s key requirements. In the House, Finance committee members probed the producers to learn more about exactly which of the state’s “must have” provisions they considered to be deal breakers. However, a number of lawmakers appeared to be questioning the lack of clarity in the producers’ criticisms and the lack of guarantees that anything would change if AGIA were altered. In the Senate, Senate President Lyda Green is concerned that the producers’ threats might be real and questions whether AGIA, as written, would attract competitive bids. The Senate minority, while likely to differ on some of the details of the measure, is unified in their general support for the bill (with Sen. Dyson referring to the approach as “genius”). The Senate majority working group appears to be mixed on the issue. The Administration is still pushing for passage of the measure before the end of the regular session. For more information on this week’s discussions on AGIA, visit some of the following articles:

• “Gas line bill squeezes lawmakers” (ADN)
• “Producers prepare to fight for demands” (ADN)
• “Gas line challengers grow to three” (News Miner)
• “Alaska gas pipeline battle heats up” (Juneau Empire)

HB229 Kenai Gasification Project & Alaska Railroad Corporation - Rep. Chenault (R-Nikiski)
HB229 was moved from Senate Resources this week with Senators Huggins, Green, Stevens and Wagoner recommending do pass and with Senator Wielechowski signing do not pass. At the hearing, Senator Wielechowski raised several concerns; he (1) found it hard to believe that the state would not ultimately be liable for almost $3 billion worth of bonds if there is a default and (2) questioned why so many funds are being granted for coal when they could be used to build a spur line for Southcentral to receive natural gas from the pending natural gas pipeline. An Agrium representative noted that natural gas would be the preferred power source for the fertilizer plant, but they cannot get enough natural gas from Cook Inlet ’s waning supplies to stay in business. Questions were also raised at the hearing over why there was no Finance committee referral in the Senate. The bill is now in Rules where its next stop is the Senate floor unless an additional committee of referral is added. HB229 would authorize the Alaska Railroad Authority to issue up to $2.9 billion in tax-free bonds to finance the Kenai coal gasification project and the Port MacKenzie rail link. The measure is scheduled for the Senate floor on 5/7.

HJR12 Endorsing ANWR Leasing - Rep. Johnson (R-Anchorage)
A committee substitute for HJR12 was moved from House Oil & Gas this week. Rep. Kawasaki (D-Fairbanks) offered several amendments to ensure that the information contained in the resolution was not overstated. Several of his proposed amendments were adopted along with others made by committee members.

HJR13 Natural Gas for State Residents - Rep. Gardner (R-Anchorage)
HJR13 was moved from House Oil & Gas this week and is scheduled to be heard in Labor & Commerce, its final committee of referral in the House, today. A Senate version of this resolution, SJR4, by Sen. Wielechowski (D-Anchorage), is scheduled for a hearing next week. The joint resolutions urge 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 are also encouraged to work to secure long-term and affordable supplies of natural gas for the people and businesses of the state.

HJR17 Kensington Mine Appeal / 9th Circuit - Rep. Johnson (R-Anchorage) / Co-sponsor Rep. Johansen (R-Ketchikan)
HJR17 was moved from House Resources on Monday and is scheduled for a hearing in House Judiciary on Wednesday, May 9. Representatives Seaton (R-Homer) and Guttenberg (D-Fairbanks) worked successfully to remove from the title and body of the resolution some of the inflammatory language directed at the Ninth Circuit Court of Appeals. As such, the resolution now only recommends that Couer explore all legal options available on behalf of itself to resolve the issue. This could include mediation, according to some committee members. The extensive list of individuals in other states to whom the resolution would be sent was also drastically pared down.

SB111 Kodiak Narrow Cape Public Use Area - Sen. Stevens (D-Kodiak)
SB111, which would create the Kodiak Narrow Cape Public Use Area, was moved from Senate Finance with 6 “do pass” recommendations on Friday. The measure is now in House Rules. The House counterpart to the bill, HB203, by Rep. LeDoux (R-Kodiak) is still waiting for a hearing in Finance, its final committee of referral in the House. This measure appears to have a chance of making it through this session and is scheduled to come up on the Senate floor on 5/7.

SB118 Plastic Bag Fee; Establish Litter Fund - Sen. Elton (D-Juneau)
SB118 was heard in Senate Labor & Commerce this week and has been held to allow for further work on the measure over the interim. SB 118 would impose a $.15 fee for disposable plastic bags and establish the Alaska litter and marine debris reduction and recycling fund. For more information, see Conservation Watch 10. ACV supports this bill and its House counterpart, HB230.

SB121 Cruise Ship Discharge & Info - Sen. Elton (D-Juneau)
SB121 was moved from House Resources this week and is scheduled for a hearing in House Judiciary next week. At the hearing in House Resources, DEC indicated that they have no position on the measure but agreed that it simply reinstated language already passed by the Legislature that was inadvertently repealed by last year’s cruise ship initiative.

SJR6 Oppose Wilderness Designation for ANWR - Senate Resources
A committee substitute for SJR6 was moved from Senate Resources this week with Senators Huggins, Stevens, McGuire, Green and Wagoner signing “do pass” and Senator Wielechowski signing “no recommendation.” Technical changes were made to the title and resolution text to abbreviate references to House Resolution 39. The measure urges the U.S. Congress to defeat H.R. 39, which would preserve the Arctic coastal plain of the Arctic National Wildlife Refuge, Alaska , as wilderness. The measure is slated to be heard on the Senate floor on 5/7.

New In Town

HB246 Surcharge on Oil Production - Rep. Gara (D-Anchorage)
This measure would increase the surcharges on oil production that are available for the oil and hazardous substance release prevention and response fund from $.04 to $.06 per barrel of oil produced on each lease or property of the state.

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. Remember: the Legislature is now operating under the 24-hour rule, which means that the public hearing notification requirement has dropped from 5 days to 24 hours. As such, this schedule is more than likely to change in the busy, final days of the session.