Conservation Watch #5 - 2/17

ACV Conservation Watch #5 February 17, 2009 Legislators introduce bills to return local voice to AK's Coastal Management Program, On The Move, New In Town, Calendar

This Week's Contents:

Legislators introduce bills to return local voice to Alaska's Coastal Management Program

The ACMP is a program created by the federal Coastal Zone Management Act of 1972. States with coastal regions must create and implement management programs that protect the coastal zones and “achieve wise use of the land and water resources…giving full consideration to ecological, cultural, historic and esthetic values as well as the needs for compatible economic development.” Id. as § 1452(2). Senator Olson and Representative Joule have introduced legislation, SB4 and HB74, that would address many of the concerns local participants have with Alaska’s Coastal Management Program (ACMP).

Unfortunately, big changes in 2003 by the Murkowski Administration dramatically limited the ability of local communities and coastal districts to have a voice in the management of their coastal resources. Alaska’s Coastal Management Program, as it is currently implemented, is in need of the open, honest and thorough revision that the bills put forth by Sen. Olson and Rep. Joule would provide. The changes proposed by SB4 and HB74 should go a long way towards addressing the negative effects of the 2003 changes made by the Murkowski Administration. Most notably, SB4 and HB74 would:

Restore checks and balances by establishing a Coastal Policy Board with representation from state agencies as well as coastal districts, reflecting the diversity of regional interests and state agency interests.
Repeal the Department of Environmental Conservation (DEC) carve-out.
Reaffirm the ability of the coastal districts to write enforceable policies; and
Incorporate subsistence into the objectives of the ACMP.

The bills are strongly supported by coastal districts and local community members. They have been opposed by DNR and a few industry representatives. However, while DNR has voiced distaste for the bill it has offered no suggestions so far as to how to make the bill more agreeable. According to the Governor, careful and deliberative discussions are underway to determine the best path forward. DNR has also given both bills a large fiscal note. If you want to know more, the Juneau Empire story just ran a good story, Local governments criticize state coastal management program, outlining the various positions on the bills.

Given the state’s opposition to the bills, and the Governor’s recent statement that she will follow the will of DNR, we will have a lot of hard work ahead of us to get these bills through their committees and passed into law. Please take a moment to email Rep. Joule and Sen. Olson to voice your appreciation for their efforts and support for HB74 and SB4.

Email: Representative Joule

Email: Senator Olson

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On The Move

SB 31 Geothermal Electricity Production Tax Credit – Sen. McGuire (R-Anchorage) | Sen. Elis (D-Anchorage)

SB31 would allow a taxpayer that owns a commercial geothermal electric energy system capable of producing at least 400 kilowatts of electricity to claim a geothermal electricity production tax credit if the commercial geothermal electric energy system supplies all or part of the energy required by commercial units owned or used by the taxpayer; or the taxpayer sells all or part of the energy produced by the commercial geothermal electric energy system as a commercial enterprise. SB31 was heard and held in the Senate Energy committee where a CS was adopted that opened the tax credit up to any type of alternative energy. ACV supports this legislation.

SB 59 Medium-Speed Motor Vehicles – Sen. Stedman (R-Sitka)

SB59 changes the limitations on low-speed vehicles to allow them on roads with a speed limit under 45 miles per hour, an increase from the current 35 miles per hour max. It also allows for low speed vehicles to cross highways at designated intersections. It will be heard in Senate Transportation Committee on Tuesday at 1pm in room 205.

SB 93 Municipal Air Quality Property Tax Credit - Senator Paskvan (D-Fairbanks) | Elton (D-Juneau) |Thomas (D-Fairbanks)

This bill would allow a municipality to provide an ‘air quality improvement tax credit’ to partially offset the property taxes on a property that is improved in such a way as to improve the air quality in the municipality. SB 93 had a hearing last week in Senate Community and Regional Affairs and was passed out of committee. Its final committee of referral in the Senate is Finance.

HB 12 Alaska Council on Invasive Species – Rep. Johnson (R-Anchorage)

HB12 establishes the Alaska Council on Invasive Species in the Department of Fish and Game. ACV supports this bill that continues efforts to tackle an issue of major concern to the conservation community. We appreciate Rep. Johnson’s leadership. It will be heard on Thursday, February 18^th at 1pm in room 124.

ACV supports HB 20, a good bill that provides commercial fishing loans for energy efficiency upgrades. The bill has already passed its first committee of referral, House Fisheries Committee, and will be heard again Tuesday, February 17^th at 1:30pm in the House Finance Committee (Room 519).

HB 44 Energy Bonds/Investments – Rep. Chenault | Rep. Wilson | Rep. Harris

HB44 relates to investments applicable to energy, authorizes the Alaska Permanent Fund Corporation to make in-state energy project investments and authorizes certain public corporations to issue bonds for energy projects. The bill was referred to the Energy and Finance Committees and will have its first hearing of the session Tuesday at 3pm in room 124.

HB 49 Eminent Domain: Recreational Structures – Rep. Johnson (R-Anchorage) | Rep. Ramras (R-Fairbanks)

HB49 would amend the State’s eminent domain laws to prohibit the exercise of the power of eminent domain on recreational structures for the purposes of developing a recreational facility or project. It passed out of House Judiciary Committee with strong support after just one hearing and is now in House Rules awaiting consideration on the House floor.

HB 74 Coastal Management Program – Reps. Joule (D-Kotzebue) | Rep. Edgmon (D-Dillingham) | Rep. Buch (D-Anchorage)

HB74 is an attempt to correct problems with Alaska’s Coastal Management Program resulting from changes made several years ago by the Murkowski Administration. This bill has quite a bit of support from coastal districts and local coastal communities but has been strongly opposed by DNR. At the hearing last week, many coastal district representatives spoke in favor of the bill. Randy Bates, Director of the Division of Ocean and Coastal Management in DNR spoke for the Administration to a less than receptive audience. Expect this to be a hot issue.

HB 121 Municipal Air Quality Property Tax Credit – Rep. Coghill (R-North Pole) | Rep. Kawasaki (D-Fairbanks)

This bill would allow a municipality to provide an ‘air quality improvement tax credit’ to partially offset the property taxes on a property that is improved in such a way as to improve the air quality in the municipality. HB121 will have its first hearing in House CRA on Tuesday, February 17th at 8am in room 124. Its other committee of referral is Finance.

HB134 amends the voter mandated cruise ship wastewater discharge permits to remove the mandate that discharge from cruise ships meet water quality “at the point of discharge.” The cruise ship association is taking the very first opportunity to amend the voter-approved initiative, claiming that the discharge levels are too onerous. However, testimony reflected varying opinions on the cruise ship industry's claims. This bill appears to be fast-tracked. it was introduced on Friday, was heard this morning in the House Community and Regional Affairs Committee and passed out of committee in its very fist hearing. It will also be heard in House Resources Committee.

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New In Town

HB 90 AIDEA: Bonding Limits; Confidentiality – Rules by request of the Governor

HB90 addresses bonding limitations and confidentiality of records and information of the Alaska Industrial Development and Export Authority. The bill was referred to Labor & Commerce and Finance Committees. It will have its first hearing Wednesday in the House Labor & Commerce Committee at 3:15 in room 124.

HB 121 Municipal Air Quality Property Tax Credit – Rep. Coghill (R-North Pole) | Rep. Kawasaki (D-Fairbanks)

This bill would allow a municipality to provide an ‘air quality improvement tax credit’ to partially offset the property taxes on a property that is improved in such a way as to improve the air quality in the municipality. HB121 will have its first hearing in House CRA on Tuesday, February 17th at 8am in room 124. Its other committee of referral is Finance.

HB 132 Bicycle Program – Rep. Seaton (R-Homer) | Rep. Gruenberg (D-Anchorage)

HB132 would authorize municipalities and nonprofit organizations to sponsor programs encouraging the safe use of bicycles as an alternative or supplement to motor vehicles. It would amend the duties of the Department of Commerce, Community, and Economic Development to include the administration of state funds appropriated for these types of programs and would allow state and federal aid allocated for highways to be used to support bicycle paths. The bill was referred to TRA and FIN committees.

SB 104 Stan Price State Wildlife Sanctuary – Sen. Elton (D-Anchorage)

SB104 amends the boundaries of the Stan Price Wildlife Sanctuary and adds “and to maintain and enhance bear viewing opportunities within the sanctuary” to the purposes of the sanctuary. It was referred to Senate Resources and Finance committees.

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Conservation Watch #5 - 2/17

Legislators introduce bills to return local voice to Alaska's Coastal Management Program

On The Move

New In Town

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