Alaska Conservation Voters

Alaska Conservation Voters

Conservation Watch

2008 - No. 11
Week of Monday, March 31st 2008

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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.

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

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Contributing Editors

Sue Ely
Legislative & Communications Manager
sue@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
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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

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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


Transportation Update: Guest Contributor discusses Future Decisions for Alaska
By, Lois Epstein, Director, Alaska Transportation Priorities Project

During the year she’s been in office, Governor Palin has been getting up to speed on the key transportation issues facing the state, while making some responsible decisions along the way.  Her Administration’s good decisions include canceling the “pioneer” (but not the full) Juneau Road/Ferry project, the Stampede Road near Denali National Park, and the proposed Gravina “Bridge to Nowhere” project , as well as re-establishing the Marine Transportation Advisory Board to address the state’s ferry system.  With federal transportation money likely to decrease dramatically as early as late 2008 due to 1) the federal Highway Trust Fund going broke, 2) growing state construction and ferry costs, and 3) an enormous backlog of road and bridge repair needs, the Governor, the legislature, and the public all need to carefully scrutinize transportation decisions to make sure they are in the state’s best interest. Transportation decisions the state will soon make include:

 

  • The Juneau Road/Ferry project, which consists of 50 miles of new road north of Juneau to a newly-built ferry terminal at the Katzehin River 90 miles north of Juneau, plus new ferries to shuttle people and vehicles from there to Haines and Skagway.  Currently, the state’s ferry system moves people and vehicles from Juneau to Haines and Skagway with only 13 miles of road travel north of Juneau. The Senate Transportation Committee on February 26 held a financial oversight hearing on the project that included testimony from the state Department of Transportation (DOT), its geotechnical consultant who described the project’s difficult road construction conditions, and a cost-estimating expert from Washington State.  As follow-up to the hearing, the Committee asked DOT several pointed questions in writing and is currently awaiting DOT’s responses.  Additionally, Senator Elton published a Juneau Empire opinion piece revealing numerous quantitative problems with DOT’s testimony on February 26.
    ava
  • The Knik Arm Bridge project, which would be a costly, toll bridge from the unpopulated Point Mackenzie area to downtown Anchorage, passing through the Government Hill community.  In addition to federal and state money, the private sector may invest in the project in exchange for toll revenue as part of a Public-Private Partnership (P3) agreement.  Two identical bills, Senator Ellis’ SB 268 and Representative Gara’s HB 365, ensure that any P3 agreement developed by the state’s Knik Arm Bridge and Toll Authority has the checks and balances of AGIA namely: a requirement for public comment, state findings, and legislative approval of any agreement to build.  The Senate Transportation Committee held a hearing on SB 268 on March 25, and a vote on the bill in Committee is expected soon.  Both Lois Epstein of the Alaska Transportation Priorities Project (ATPP, a statewide transportation watchdog organization) and Bob French of the Government Hill Community Council testified in Juneau in support of the bill.
    nowhere
  • Sustaining the Alaska Marine Highway System of ferries over the long-term.  The state’s relatively low population and challenging sea conditions make it costly to build and operate the state’s ferries which directly serve 30 Alaska communities in Southeast, Southcentral, and Southwest Alaska.  Legislators this year are seeking to enact several pro-ferry “baby steps”.  Six House legislators – five Republican and one Democratic led by Republican Representative Bill Thomas of Haines – sent the House Finance Committee Co-Chairs a letter on March 10 asking them to re-appropriate the money currently dedicated to the Juneau Road/Ferry Project to the Alaska Marine Highway Fund to help meet the ferry system’s short- and long-term expenses.  Representative Wilson and others have a bill, HB 294, which would codify the Marine Transportation Advisory Board. The bill passed the House Transportation Committee on March 28.  Representative Johansen and others have a bill, HB 298, which would require the ferry system to develop a long-range plan; this bill has not yet had a hearing.  To provide the Governor and legislators the political cover they may need to fully fund the ferry system, ATPP released a statewide poll on March 26 showing that 85% of the state supports full funding of the ferry system.  ATPP released the poll results statewide at the same time that local contacts released the poll in Unalaska, Sitka, Haines, Skagway, Petersburg, and Ketchikan.
  • Building projects with federal earmarks.  DOT currently is working with the legislature and Alaska’s federal delegation on a policy that addresses projects that received or will receive federal earmark funding.  As a result of this policy, some less-than-fully-funded, earmarked projects might be canceled.  Additionally, the state will need to ensure that future projects requesting federal earmarks have reasonable expectations of full – earmark plus non-earmark – funding.


On the Move - Legislators are working hard to get all of the regular session duties finished by April 13th…just 2 weeks away!  However, there work won’t be done at the end of the session, the Governor just announced a special session to start in June deal with the gasline. 
 

HB149 Pollutant Discharge Permits  - Introduced by request of the Governor
This bill was introduced by request of Governor Palin last session to revise certain provisions of law governing the department's permitting and enforcement authority in order to align the state's permit requirements with EPA's permitting oversight. EPA is currently reviewing Alaska's application to run the federal NPDES permitting program. The changes made by the bill are necessary to align state laws with the more stringent federal law.  HB149, whose future has been in question, had a hearing in Senate Judiciary, the bill’s last committee of referral on Friday.  The bill moved out of committee and is awaiting transmittal to Senate Rules. Key issues raised at the hearing include whether DEC can be a good steward, will have sufficient resources to do the job right and the nature and scope of plans to consult with tribal entities.   

HB152 Establishing A Renewable Energy Fund - Rep. Harris (R-Valdez) | Rep. Thomas (R-Haines)
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. HB 152, ACV’s main priority for this session, had a hearing last Wednesday in Senate Finance where it was heard and held.  Many important questions were discussed including how much money was necessary for the success of the fund and how much oversight the Legislature will have over the grant-making process. Senator Hoffman and others stressed the need to get projects done soon to help Alaskans, especially rural Alaskans, with staggering energy costs. We expect to see some additional changes to the bill before it moves to the Senate floor for a vote.

HB241 Stampede State Recreation Area - Rep. Guttenberg (D-Fairbanks) | Rep. Kerttula (D-Juneau)
This bill would establish the Stampede State Recreation Area to perpetuate and enhance general public recreation and public enjoyment of fish and wildlife, protect and maintain fish and wildlife habitat, and provide an area for the public to enjoy the full spectrum of public uses, including motorized and non-motorized recreational opportunities. It was heard and held last week and has not been scheduled for any additional hearings.  Given how close we are to the end of the session, it is unlikely that this bill will move but a conversation may have started about how best to protect the values of this special area.

HB256/SB176 Active Game Management / Aerial Shooting - Rules Committee by request of the Governor
Introduced by Governor Palin, HB256/SB176 has generated a lot of interest and comments during its many hearings in both the House and Senate.  Arguments for those against and in favor of the bill have remained fairly consistent. State Fish and Game officials say the bill is basically a housekeeping measure to merge and simplify two confusing and sometimes conflicting wildlife management laws. Opponents of the bill still maintain the changes would give the Board of Game too much discretion, take away scientific standards, limit public participation and encourage ideologically motivated decision making by the Board of Game   Much of the discussion has revolved around whether the changes would remove science and objectivity from Board of Game decision-making.  In the House, a CS of the bill passed with a vote of 25 yays to 12 nays.  It has only a Judiciary referral in the Senate.  HB 256 will be the vehicle for this legislation. There has been no new action taken on SB 176. ACV is opposed to these bills as currently drafted.

HB 314 G.O. Bonds for Transportation Projects Rules by Request of the Governor
Among other projects, this bill appropriates $8,900,000 from the 2008 transportation project fund to the Department of Natural Resources for the South Denali Access Road Design and Construction project. It was heard and held in House Finance last week.

HB 315/SB 225 Extend Big Game Commercial Services Board - Rules by Request of Leg Budget & Audit
The Governor introduced legislation to delay the termination date of the Big Game Commercial Services Board from 2008 to June 30, 2012. The bill was introduced into both the House and Senate but only the House version has been heard.  HB315 has already passed the House and after a whirlwind week moved out of both Senate Resources and Senate Finance Committees.  It is scheduled for the Senate calendar today.

HB 330 Noxious Weeds and Invasive Plants - House Resources Committee
HB330 was introduced to create a “Noxious Weed and Invasive Plant Board” in order to limit economic loss and adverse effects to the state's agricultural, natural, and human resources.  The bill has since been changed, dlionreplacing the Board with a state coordinator for noxious weed, invasive plant, and agricultural pest management and education. The coordinator is required to work in cooperation with the University of Alaska Cooperative Extension Service and the Association of Conservation Districts’ Board of Directors. ACV supports this bill and has been working to raise general awareness of our concerns and include language limiting pesticide use and allowances for natural northern migration of species due to climate change.  CSHB 330 (RES) passed the House last week unanimously and was transferred to the Senate. The Senate Resources referral was waived. The bill will be considered in Senate Finance, its only committee of referral, today.

HB 336 Susitna Hydroelectric Project - Rep. Johnson (R-Anchorage), Rep. Harris (R-Valdez) | Rep. Ramras (R-Fairbanks) | Rep. Kelly (R-Fairbanks)
HB336 directs the Alaska Energy Authority (AEA) to study the potential of a Susitna hydroelectric power project and prepare a proposal for an appropriately sized Susitna hydroelectric project.” The bill gives the AEA over a year to complete the study. The bill was heard and held in House Finance for possible further work including fiscal note adjustments. The current fiscal note for 1 million dollars is enough for the first phase of the study. One issue that keeps coming up is whether this study should include detailed analysis of alternatives; or whether that should happen later, after an initial cut is made about the basic economic viability of the Susitna project. At it’s second hearing, the proposal passed out of the House Finance Committee and is up for consideration in the House Floor today.  In the meantime, a recent version of the Senate capital budget includes $2.5 million for Susitna/ rail belt energy study.

HB338 Power Project Fund/Bulk Fuel Loan Fund – Rep.  Nelson (D-Bethel) | Rep. Kawasaki (D-Fairbanks) | Rep. Kerttula (D-Juneau)
HB338 allows the Alaska Energy Authority to borrow money from the power project fund for the bulk fuel revolving fund. The bill was passed out of the Senate Finance Committee over the weekend – next stop, the Senate floor.

SSHB 348 Board of Game Regulations - Rep Keller (R-Wasilla) | Rep. Kelly (R-Fairbanks)
The sponsor substitute introduced by Rep. Keller for HB 348 states that the Board of Game is working with an allocation of an asset when they manage wildlife populations for abundance.  Debate continues about the intent of this measure and its impact on game initiatives. SSHB348 passed its final committee in the House and was referred to Rules.  Although the bill has been on the House Calendar for over a week now, it has not yet been passed.  It is up for final consideration today in the House.

HB 370 Protection of Forested Land – Rep. Kelly (R-Fairbanks)
HB 370 modifies the wording in AS 19.40.010 to change the term ‘forest fire’ to ‘wildland fire’. The central purpose of the bill is to allow firefighters the discretion to protect dwellings during a forest fire. HB370 has a hearing in Senate Resources today at 3:30pm in room 205. ACV supports this bill.

HJR 31 Oppose Fed. Law Re: Aerial Hunting – Rep. Keller (R-Wasilla) | Rep. Wilson (R-Wrangell) | Rep. Johnson (R-Anchorage)
HJR 31 was introduced as a vehicle to send a message from the Alaska Legislature to the US Congress to oppose the enactment of the Protect America's Wildlife Act of 2007. This act would prohibit aerial hunting of wildlife, which the sponsors of HJR31 see as essential for predator control in Alaska. HJR passed the House last week and was referred to Senate Resources.  It will have its first Senate hearing today at 3:30pm in room 205.

seagull

 

SB57 Marine Parks Additions/Hunting Allowed - Sen. Elton (D-Juneau) || Rep. Kertulla (D-Juneau)

This bill addresses issues related to hunting in marine parks of the Alaska state park system and makes additions and changes to the current marine park units. It has already passed the Senate and was transferred to the House with a Finance referral.  It will have a hearing in House Finance this Wednesday, April 2nd at 1:30pm in room 519.

 

SB118 Plastic Bag Fee; Establish Litter Fund  - Sen. Elton (D-Juneau)
SB 118 would impose a $.15 fee for disposable plastic bags and establish the Alaska litter and marine debris reduction and recycling fund. ACV supports this bill and we are glad to see the discussion continue. It was scheduled and not heard last week but is likely to be taken up at some point this week under bills previously heard.

SB 214 Hunting by Members of the Military - Sen. Huggins (R-Wasilla)

SB 214 gives non-resident members of the military service and their dependents special exemptions for big game hunting.  This bill is flying through and passed the Senate last week and received Military and Veterans Affairs and Finance Committee referrals in the House. It is to be heard in Military and Veterans’ Affairs on Tuesday, April 1st at 1pm in room 124.  If passed in that hearing, the bill will be heard in the House Finance Committee on Thursday, April 3rd at 1:30pm in room 519. This bill is moving fast. 

SB216 Purple Heart Trail – Sen. Ellis (D-Anchorage) | Sen. Thomas (D-Fairbanks) | Sen. Wielechowski (D-Anchorage) | Sen. Stevens (R-Kodiak) | Sen. Kookesh (D-Angoon) | Sen. Davis (D-Anchorage) | Sen. French (D-Anchorage) | Sen. Bunde (R-Anchorage) | Sen. Hoffman (D-Bethel) | Sen. Elton (D-Juneau) | Sen. Green (R-Wasilla)

"An Act designating the Alaska Highway and portion of the Richardson Highway as the Purple Heart Trail." Introduced this session, SB 216 passed the Senate and was given Transportation and Finance Committee referrals in the House.  The Transportation referral was later waived.  The bill will have a hearing on Wednesday, April 2nd at 8:30am in House Finance in room 519.

SB229 Tanana Valley Forest/Minto Flats Refuge - Sen. Thomas (D-Fairbanks)
SB299 transfers certain portions of Tanana Valley State Forest land to the Minto Flats State Game Refuge. SB229 quickly made its way through the Senate with a unanimous vote and will have its first hearing in House Resources today at 1pm in room 124.  ACV supports this bill.

SB230 Film Office/Film Production Tax Credit - Sen. Ellis (D-Anchorage) | Sen. Stevens (R-Kodiak) | Sen. Davis (D-Anchorage) || Rep. Kerttula (D-Juneau) | Rep. Buch (D-Anchorage) | Rep. Olson (D-Nome) | Rep. Ramras (R-Fairbanks) | Rep. Gardner (D-Anchorage)film
SB230 would create an Alaska Film Office and give a tax credit to TV and film producers to encourage them film to shoot in Alaska.  Senator Ellis is bringing attention to the fact that Alaska is the setting of many movies that are not actually filmed here.  The intention of the bill is to get those producers filming in Alaska so that Alaskans can benefit economically.  Already through the Senate and its first committee in the House, SB230 was heard in House Finance last Friday where many interesting points were brought up.  Most interesting was the public testimony highlighting some of the potential unintended consequences encountered by other states with Film Incentive Programs. The testimony cautioned that a good idea can be spoiled by a bad plan.  The bill was held over and will have another hearing today. ACV supports this bill.

 

SB 253 Board of Game – Sen. Huggins (R-Wasilla) || Rep. Keller (R-Wasilla)
SB253 changes the rules surrounding the timing of appointment relative to existing terms and replacement of Board of Game members.  If passed, the changes go into effect immediately.  The bill has passed both the House and Senate and was transmitted to the Governor for consideration.

SB 268/HB365 Knik Arm Bridge & Toll Authority – Senator Ellis (D-Anchorage) | Representative Gara (D-Anchorage)
SB268 and HB365 were jointly introduced earlier in the session to give the legislature more control over the final decision-making of the Knik Arm Bridge and Toll Authority (KABATA).  The bills call for a 60-day public review of any agreement reached by KABATA and would require legislative approval before any decision could go forward.  An estimated $600 million is needed for the project; about $105 million of it will come from Alaska's federal highway money and another $10 million will come from direct state contributions.  With this much taxpayer money at stake, Senator Ellis and Representative Gara would like to institute greater oversight.  The Senate version was heard and held last week in Senate Transportation.

SB 289 Home Energy Conservation – Sen. Hoffman (D-Bethel) | Sen.Stevens (R-Kodiak) | Sen. Elton (D-Juneau) | Sen. Ellis (D-Anchorage) | Sen. Kookesh (D-Angoon) | Sen. Therriault (R-North Pole) | Sen. Dyson (R-Eagle River) | Sen. Thomas (D-Fairbanks) | Sen. Wilken (R-Fairbanks) | Sen. Wielechowski (D-Anchorage) | Sen. McGuire (R-Anchorage) | Sen. Stedman (R-Sitka) | Sen. Green (R-Mat-Su) | Sen. French (D-Anchorage) | Sen. Davis (D-Anchorage) || Rep. Nelson (D-Bethel) | Rep. Kawasaki (D-Fairbanks)heat
This bill raises the income level eligible for weatherization and increases funds available for increasing energy efficiency in Alaskan homes.  It has been met with great enthusiasm by many who would like to see strong, effective state action this session to promote both the development of renewable energy and energy efficiency/conservation. It is strongly supported by ACV.  The bill was passed out of Finance where it was promptly transmitted to the Senate and passed 18 to 1.  SB 289 moved to the House where it only received a Finance referral and appears to be part of the final adjournment game plan.  Its first House Finance hearing will be this Thursday, April 3rd oat 8:30am in room 519.

SB 298 Marine Transportation: Board & Division – Introduced by request of the Transportation Committee
Referred to Senate Transportation and Finance Committees, SB 298 is "An Act establishing the division of marine transportation; establishing the Alaska Marine Transportation Authority Board and the position of director of the division of marine transportation, and assigning the powers and duties of each; making conforming amendments; and providing for an effective date." A hearing is scheduled in Senate Transportation for Wednesday, April 2nd at 2pm in room 205.

SB 306 Board of Game Regulations – Sponsored by Senate Resources
Introduced late last week by the Senate Resources Committee, SB306 adds new language to the Board of Game regulations authorizing the board to regulate regarding the conservation, development, or utilization of game in a manner that addresses whether, how, when, and where the public asset of game is allocated or appropriated.  It has only a Resource referral and was supposed to have a hearing last week but was not heard.  No additional hearing has been scheduled.
 

SJR 17 Offshore Oil & Gas Revenue – Sen. Wielechowski (D-Anchorage) | Sen. French (D-Anchorage) | Sen. Dyson (R-Eagle River) | Sen. Thomas (D-Fairbanks) | Sen. Wagoner (R-Kenai) | Sen. Bunde (R-Anchorage) | Sen. Therriault (R-North Pole) | Sen. McGuire (R-Anchorage) | Sen. Wilken (R-Fairbanks) | Sen. Stedman (R-Sitka) | Sen. Elton (D-Juneau) | Sen. Hoffman (D-Bethel) | Sen. Ellis (D-Anchorage) | Sen. Green (R-Wasilla) | Sen. Olson (D-Nome) || Rep. Kerttula (D-Juneau) | Rep. Samuels (R-Anchorage)
This resolution urges the United States Congress to provide a means for consistently sharing, on an ongoing basis, revenue generated from oil and gas development on the outer continental shelf with all coastal energy producing states to ensure that those states develop, support, and maintain necessary infrastructure and preserve environmental integrity. Enjoying enormous success in the House and Senate, SJR 17 is rescheduled for a hearing today at 1pm in room 124.
 

SJR18 Child Product Safety – Sen. Wielechowski (D-Anchorage) | Sen. Ellis (D-Anchorage)
SJR18, is a resolution requesting the President of the United States to direct the Consumer Product Safety Commission (CPSC) to test the materials that are used babystuffin toys and other products for children and to make those results pubic.  Sen. Wielechowski’s resolution points out that the chemicals that make up the toys and products used by children in Alaska and across the US are not tested for short or long-term health effects.  This resolution passed out of Senate Health, Education and Social Services Committee and was referred to Senate Labor & Commerce.  It was passed out of Senate Labor & Commerce Committee last week and has been referred to Rules.  Senator Ellis signed on as a co-sponsor. ACV supports this resolution


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 Committee to find all of the committees with their members.

Date Time
Place
Committee Bills Summary
3/31
M
8:30am
Rm 519
(H) FIN SB230

Film Office/Film Production Tax Credit

  9am
Rm 532
(S) FIN HB330

Noxious Weeds and Invasive Plants

  1pm
Rm 124
(H) RES SJR 17

Offshore Oil & Gas Revenue

      SB229 Tanana Valley Forest/Minto Flats Refuge
  3:30pm
Rm 205
(S) RES HJR 31

Oppose Fed Law RE: Aerial Hunting

      HB370 Protection of Forested Land
4/1
Tu
9am
Rm 211
(S) STA SB228

Municipal Land Use Regulation

  1pm
Rm 124
(H) MVA SB214

Hunting by Military, Coast Gd, Dependents

  2pm
Rm 205
(S) TRA SB 298

Marine Transportation: Board & Division

4/2
W
8:30am
Rm 519
(H) FIN SB216

Purple Heart Trail

  8:30am
Rm124
(H) FSH SB304

CFEC as Information Resource

 
       

Round Table Discussion: Statutory and Regulatory
Tools to Address Over-escapement and Foregone
Harvest in Prince William Sound, Lower Cook Inlet
- ADF&G, Commercial Fishing Groups, Processors

  1:30pm
Rm 519
(H) FIN SB 57  

Marine Parks Additions & Management

4/3
Th
8:30am
Rm 519
(H) FIN SB 289

Home Energy Conservation

      SB 303

Sanitation and Water Grants

  1:30pm
Rm 519
(H) FIN SB214

Hunting by Military, Coast Gd., Dependents

<Pending Referral>

4/4
Fr
8:30am
Rm 124
(H) FSH SB304

CFEC as Information Resource

  3:30pm
Rm 205
(S) RES  

Alberta's Oil Sands Development: Role of the Province:
Operations & Transmission to Market: Dept of Energy
& Enbridge, Inc.