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.

"I think I can count to four, so I'm not going to object to the vote, Mr. Chairman."
[Link to KTOO Audio]
---Senator Kim Elton in Senate Resources on Monday, April 11, realizing he was powerless (against a Republican majority) to stop the swift movement of
SB 85 (Tundra ATVs) to the rules committee.

"This bill was a bad idea
from the get go." 
---Sitka resident Larry Edwards testifying before the House Finance Committee against HB 130 (University Lands) on Saturday April 9^th.

• Seekins' ATV Bill Runs Out of Gas
• Coldfoot to Craig: Public Opposition Fails to Slow University Lands
• Mixing Zone Regulations to Surface

In Every Issue

• Bills on the Move
• Sleepers
• Hearing Schedule

After a barrage of public testimony and letters from across the state, Senator Ralph Seekins' short-sighted tundra ATV proposal has run out of gas, at least for now.

Seekins' ATV bill, SB 85, would repeal the prohibition on off-road vehicles within the 5 mile corridor around the Dalton Highway. This prohibition, while it only applies to the Corridor, affects a much larger area by preventing motorized access to adjacent lands.

On April 11 Senate Resources chair Tom Wagoner announced to a crowded committee room that SB 85 will be delayed over the summer for public hearings in Barrow, Coldfoot and Fairbanks. Despite the Committee's declared intention to slow the bill for additional hearings, they still passed SB 85 into the Rules Committee, a move that implies the proposed public hearings are just for show.

Senator Wagoner's decision to hold SB 85 over the summer relieves area residents and tundra conservation advocates, but raises many questions about process. Juneau's Senator Kim Elton asked why, if Senate Resources genuinely intended to receive public input, they moved the bill out of committee. "This is the last standing committee," Elton said. "I think this is a little bit of a cart before the horse, if in fact we're serious about soliciting public testimony."

Indeed, the bill itself appears as a cart before a horse to many people. SB 85's effective date is delayed until one year after its passage, supposedly to allow enough time for agencies to develop regulations to protect sensitive areas. Some testifiers questioned why legislators wouldn't initiate this planning process before considering repealing the prohibition. Moreover, SB 85's fiscal notes provide no funding for this supposed planning process.

Homer resident Jules Dunne testified Monday, "To me, it makes more sense to plan ahead for the necessary regulations and funding before changing this existing law."

For more information on SB 85, visit the ACV website.

Other Conservation Watch articles on SB 85:

• CW 5
• CW 6

With the Legislature's May 10th adjournment looming, it becomes clear which bills are the highest priority for those in power. Despite near unanimous opposition from across the state, the University Land bills (HB 130 / SB 96) are definitely on Governor Murkowski's "must have" list for the session.

Governor Murkowski publicly affirmed the goal of the bill and his expectations for Legislative action this session. At an April 13th press conference Murkowski stated, "I firmly believe that we should have more land in private hands... [and] ... I expect the Legislature to pass that bill out."

The House Finance and Senate Resources Committees happily obliged the Governor's request, by holding a total of four hearings in five days on the University lands bills. The committees heard (and mostly ignored) over 5 hours of public testimony, adopted several new versions of the bills, and rejected handfuls of good amendments. The result is two bills that still fail to address the vast majority of concerns expressed by communities and residents from Coldfoot to Craig.

A slightly improved HB 130 emerged from the House Finance Committee on Monday April 11th. The committee substitute, offered by Rep. Bruce Weyhrauch (R-Juneau), made several changes including:

• Removed three Southeast parcels in the Icy Straits region (Pelican, Idaho Inlet, and Mite Cove)
• Provided a provision to allow Wrangell and Petersburg until 2009 to select a few parcels for a potential new borough
• Added a letter of intent
• Included provisions allowing for municipal right of first refusal
• Right of second refusal to non-profit organizations that meet certain criteria.

The Senate Resources Committee adopted the old House Resources version of the bill with seven deleted parcels and improved public process on Friday, April 8th. The committee considered and rejected an amendment offered by Senator Elton (D-Juneau) to mirror the Icy Strait deletions made in House Finance. Strangely, Sen. Bert Stedman (R-Sitka), who represents the area, voted against the amendment. Instead Sen. Stedman pushed an amendment reducing the public access easements retained by the state along saltwater from 50 to 25 feet.

Both committees heard from dozens of Alaskans from across the state concerned about the impact of the bills on their communities, businesses, and existing uses of the lands. Residents of McCarthy caught committee members' attention by highlighting the importance of the remaining state lands to a community surrounded by a National Park. "We need a permit to access our own property," explained Michelle Casey via teleconference.

Southeast residents were especially concerned about the transfer of state land designated "Recreation Undeveloped" in the Department of Natural Resources area plans. Due to their importance as protected anchorages, the area plans indicated that these parcels should be "retained in state ownership" and "recommended for a state marine park."

Despite strong public opposition, both bills appear primed for passage. SB 96 is scheduled again in House Resources for Monday April 18. HB 130 is expected to be on the House Floor early next week.

For more information on the University Lands bills- visit ACV on the web.

Despite statewide opposition, the Department of Environmental Conservation (DEC) appears poised to move ahead with controversial regulations allowing the discharge of pollutants into salmon streams. The regulations could seriously contaminate water quality, fish habitat, and Alaska seafood marketing efforts. The DEC’s steadfast commitment to the mixing zone repeal and the mining industry’s desire to eliminate water quality protections show that both developers and the Murkowski Administration's priorities are out of line.

A “mixing zone” is an area in a water body where industry is permitted to discharge pollution at levels above state water quality standards. Alaska currently prohibits mixing zones in salmon spawning habitat to protect fish populations from the harmful effects of toxic chemicals. According to the Murkowski Administration, the repeal merely "streamlines" the permitting process for agencies and industry, but will not adversely effect fish populations.

Opponents have articulated strong arguments against the short-sighted regulation changes. For one, mixing zones already allow pollution at levels far above those specifically designed to ensure water quality and protect fish. Also, millions of dollars have gone into marketing the value of wild Alaska salmon. Perhaps more seriously, if Alaska salmon habitat is legally permitted to be polluted with wastewater (including fecal coliform), the “wild and pure” image would be weakened.

Not surprisingly, the controversial mixing zone repeal is bubbling to the surface during Alaska’s so-called second “mining-boom.” Several major mining prospects, such as the proposed Pebble Creek Mine, are in uniquely rich fisheries habitat areas. A repeal of the mixing zone ban could save the corporations millions in water treatment costs, but would eliminate important environmental protections.

The mixing zones regulations are a prime example of the Murkowski Administration's lockdown on interagency dissent. An August 31st memo signed by the Commissioners of the Departments of Fish and Game, Natural Resources, and Environmental Conservation prohibits the ADF&G and DNR from releasing formal comments on regulations in lieu of an “interagency working group” to discuss the proposals. The interagency meetings are reported to be “unproductive” to date.

In recognition of the opposition to the proposed rule changes across the state and in the Legislature, the DEC is expected to release the final regulations after the last day of session on May 10th. Regardless of the release date, expect a legislative response next session.

The House Committee on Community and Regional Affairs on April 12 passed HB 9 (Hydrogen Energy Research) to the House Resources Committee. The hearing is scheduled for Monday, April 18 at 1:00pm.

SB 16 [Powers/Duties DOTPF/Transportation Plan] passed its final committee in the Senate and will be waiting for a floor vote. Companion bill HB 239 passed its first committee and waits for scheduling in House Finance.

HB 103, which would eliminate the possibility of a jury trial for claims against the state, passed out of House Finance and is waiting to be scheduled on the House floor.

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.