Legislature(2019 - 2020)BARNES 124

05/03/2019 01:00 PM RESOURCES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 1:15 pm --
+= SB 43 EXTEND BIG GAME BOARD; OUTFITTER LICENSE TELECONFERENCED
Moved CSSB 43(FIN) Out of Committee
-- Testimony <Invitation Only> --
+= HB 138 NATIONAL RESOURCE WATER DESIGNATION TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ HB 116 AQUATIC FARM/HATCHERY SITE LEASES TELECONFERENCED
Heard & Held
-- Public Testimony <Time Limit May Be Set> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
            HB 116-AQUATIC FARM/HATCHERY SITE LEASES                                                                        
                                                                                                                                
2:31:48 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  LINCOLN  announced that  the  final  order of  business                                                               
would  be SPONSOR  SUBSTITUTE FOR  HOUSE  BILL NO.  116, "An  Act                                                               
relating to the  renewal or extension of site  leases for aquatic                                                               
farming and aquatic plant and shellfish hatchery operations."                                                                   
                                                                                                                                
2:32:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ANDI STORY,  Alaska  State Legislature,  sponsor,                                                               
explained that SSHB 116 would  simplify the Department of Natural                                                               
Resources  (DNR) lease  renewal  process for  aquatic farms  that                                                               
grow products such as oysters, kelp, and other shellfish.  She                                                                  
continued:                                                                                                                      
                                                                                                                                
     If enacted, HB 116  would help Alaska-based aquaculture                                                                    
     businesses  succeed  by  shortening the  lease  renewal                                                                    
     process.   Aquaculture  is an  industry with  a lot  of                                                                    
     promise  and Alaska  with more  coastline than  all the                                                                    
     other states  combined has a bountiful  potential.  The                                                                    
     Alaska Mariculture Taskforce set  a goal of making this                                                                    
     a $100 million  industry in the next 20 years.   As you                                                                    
     can  see  from  the  flowchart  in  your  bill  packet,                                                                    
     requirements to permit and operate  an aquatic farm, or                                                                    
     related hatchery,  is complex.   The most  rigorous and                                                                    
     time-consuming portion  of the approval process  is the                                                                    
     DNR  aquatic  farming  site lease,  both  the  original                                                                    
     lease  and  the  subsequent  renewal.   Due  to  recent                                                                    
     increases   in   the   number   of   aquaculture   farm                                                                    
     applications -  there was one  application in  2016, 17                                                                    
     applications in  2017, and  16 in  2018 -  coupled with                                                                    
     recent cuts  to agency staff,  it now takes  an average                                                                    
     of 18 months or more  to approve an aquatic farm lease.                                                                    
     By simplifying the renewal process,  we can reduce risk                                                                    
     for businesses  making significant  capital investments                                                                    
     and reduce the workload  on overstretched agency staff.                                                                    
     House  Bill 116  aligns the  lease renewal  process for                                                                    
     aquatic  farms  to  the  process  used  for  other  DNR                                                                    
     leases.   This  would significantly  shorten the  first                                                                    
     renewal  process   while  still   allowing  appropriate                                                                    
     regulatory  oversight, public  engagement, and  appeals                                                                    
     of DNR's decisions.  I  would like to mention that this                                                                    
     bill  would not  affect leases  for salmon  hatcheries.                                                                    
     As a  new legislator, I  am pleased with how  this bill                                                                    
     began and how  it was developed.   Shortly after taking                                                                    
     office  I  was  contacted   by  a  constituent  who  is                                                                    
     currently  in the  process of  transferring an  aquatic                                                                    
     farm lease,  a process  that would  not be  affected by                                                                    
     this  bill.   They  shared their  experiences with  the                                                                    
     lease  transfer process  and suggested  a few  possible                                                                    
     changes that might help  applicants.  During subsequent                                                                    
     conversations DNR  staff mentioned the  streamlining of                                                                    
     the aquatic  farm renewal  process as  a way  to reduce                                                                    
     uncertainty   for   applicants  and   increase   agency                                                                    
     efficiency.                                                                                                                
                                                                                                                                
2:35:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK inquired  whether  hatchery includes  salmon                                                               
hatchery.                                                                                                                       
                                                                                                                                
REPRESENTATIVE STORY replied no.                                                                                                
                                                                                                                                
REPRESENTATIVE TUCK  observed there was  a title change  from one                                                               
version to another version of  the bill where it states shellfish                                                               
hatchery.  He asked whether the only change was the title.                                                                      
                                                                                                                                
REPRESENTATIVE STORY  responded yes,  the title  was specifically                                                               
changed because people were thinking  the bill did include salmon                                                               
and she  wanted to  make it clear  that [salmon  hatchery leases]                                                               
wouldn't be affected.                                                                                                           
                                                                                                                                
REPRESENTATIVE  TUCK requested  the  committee be  shown how  the                                                               
process currently works.                                                                                                        
                                                                                                                                
2:36:41 PM                                                                                                                    
                                                                                                                                
GREG  SMITH,  Staff,  Representative  Andi  Story,  Alaska  State                                                               
Legislature,  on  behalf  of  the  sponsor  explained  that  when                                                               
applying  for a  DNR  lease to  use public  lands  for a  private                                                               
purpose,  aquatic farm  leases are  under a  separate section  of                                                               
statute.   Most leases given  by DNR  are under AS  38.05.070, he                                                               
said,  which  includes general  leases  for  things like  cabins,                                                               
lodges,  fish processing  plant docks,  hydroelectric facilities,                                                               
grazing, and other  uses where the state grants  a private entity                                                               
rights to public land.                                                                                                          
                                                                                                                                
MR. SMITH brought attention to  the aquatic farm application flow                                                               
chart  in  the  committee  packet   and  stated  that  the  first                                                               
application for a lease goes  through a large public notification                                                               
and  comment process  that  can be  found in  AS  38.05.945.   He                                                               
explained aquatic farms  get up to a 10-year lease,  and near the                                                               
end of that  10-year lease a renewal can be  applied for but that                                                               
it  currently involves  a very  lengthy  public comment  process.                                                               
However, he  pointed out,  general leases can  be renewed  by the                                                               
director under  a shortened public  comment process if  the lease                                                               
is in good standing and is  determined to be in the best interest                                                               
of the state.                                                                                                                   
                                                                                                                                
MR. SMITH said  the sponsor's understanding from DNR  in terms of                                                               
the impacts  on the applicant  of the [proposed] change,  is that                                                               
the applicant  [for an  aquatic farm  lease renewal]  would still                                                               
submit similar information  to DNR.  But  the [proposed] benefit,                                                               
he  continued, would  be that  under the  AS 38.05.945  notice it                                                               
would  take  about 90  days  for  the shortened,  optional  lease                                                               
renewal process rather than taking 18 months for renewal.                                                                       
                                                                                                                                
2:40:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK offered  his understanding  that the  leases                                                               
[for aquatic farms]  are good for 10 years.   He inquired whether                                                               
there are any records for lease renewals that have been denied.                                                                 
                                                                                                                                
MR. SMITH  answered that,  according to  DNR, the  department has                                                               
never  denied an  aquatic farm  lease renewal  under the  current                                                               
process.                                                                                                                        
                                                                                                                                
CO-CHAIR LINCOLN asked how many have been renewed.                                                                              
                                                                                                                                
MR.  SMITH replied  he doesn't  know  the total  number of  lease                                                               
renewals.   He said an impetus  for this bill is  that the number                                                               
of  lease  applications  has increased  significantly  in  recent                                                               
years and those will be coming  up for renewal 10 years after the                                                               
initial lease  was started.   So, he  continued, probably  only a                                                               
handful of  lease renewals  have been  happening every  year, but                                                               
the concern is  that 10 years from now there  will be 17-20 lease                                                               
renewals.                                                                                                                       
                                                                                                                                
2:42:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOPKINS  offered his understanding that  there are                                                               
a  fair number  of aquatic  farms in  Southcentral and  Southeast                                                               
Alaska.    He  inquired  whether there  is  productivity  or  the                                                               
potential for development in other  coastal areas of the state or                                                               
along lakes.                                                                                                                    
                                                                                                                                
MR. SMITH  responded he doesn't  know and deferred to  the Alaska                                                               
Department of Fish and Game to provide an answer.                                                                               
                                                                                                                                
GAROLD   "FLIP"  PRYOR,   Fish  and   Game  Coordinator,   Alaska                                                               
Department  of   Fish  and  Game  (ADF&G),   confirmed  there  is                                                               
potential in  other areas,  but that  he cannot  say specifically                                                               
where concentrations of interest are located.                                                                                   
                                                                                                                                
2:43:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER  asked whether there is  a typical amount                                                               
of land involved or whether the  amount varies.  He further asked                                                               
whether the amount is a lot of land, and, if so, the reason why.                                                                
                                                                                                                                
MR.  SMITH answered  that the  amount varies  significantly, with                                                               
some of  the largest being over  150 acres and some  with acreage                                                               
in the single digits.  He deferred to DNR to provide specifics.                                                                 
                                                                                                                                
MARTY  PARSONS, Director,  Central  Office,  Division of  Mining,                                                               
Land and Water, Department of  Natural Resources (DNR), confirmed                                                               
there is a  wide variety from the single digits  up to 200 acres.                                                               
He explained it depends upon  what the individual is farming; for                                                               
example,  spat for  oysters is  confined  to a  penned area  that                                                               
doesn't take up much state  tideland, whereas kelp needs hundreds                                                               
of acres to produce a large volume of the product.                                                                              
                                                                                                                                
2:45:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HANNAN  recalled the statement that  SSHB 116 does                                                               
not impact salmon  or finfish hatcheries as  opposed to shellfish                                                               
hatcheries.  She  inquired whether these two  types of hatcheries                                                               
are  linked together  under the  current statute  such that  they                                                               
both have the same lengthy  renewal process as was described [for                                                               
aquatic  farms], or  whether finfish  hatcheries  fall under  the                                                               
general leasing statute.                                                                                                        
                                                                                                                                
MR. SMITH replied  that a variety of mechanisms are  used for the                                                               
land that salmon hatcheries utilize.   He offered his belief that                                                               
the  nonprofit  Douglas  Island   Pink  and  Chum,  Inc.  (DIPAC)                                                               
hatchery is an  agreement between the City and  Borough of Juneau                                                               
and  DIPAC.   He  offered  his  further  belief that  others  are                                                               
situated on private land ...                                                                                                    
                                                                                                                                
REPRESENTATIVE  HANNAN interjected  that they  all are  on public                                                               
land  [in this  case].   She reiterated  her question  of whether                                                               
salmon  hatcheries  fall  under   the  same  current  statute  as                                                               
shellfish  hatcheries  for a  lengthy  renewal  process, or  fall                                                               
under the general leasing statute's shortened renewal process.                                                                  
                                                                                                                                
MR. SMITH  offered his understanding that  when salmon hatcheries                                                               
require  a DNR  lease  and  when that  lease  is  renewed, it  is                                                               
typically done under AS 38.05.070, the general lease statute.                                                                   
                                                                                                                                
REPRESENTATIVE  HANNAN concluded  that only  shellfish hatcheries                                                               
have been held to this lengthy renewal process.                                                                                 
                                                                                                                                
MR. SMITH  responded only shellfish  and other  aquatic organisms                                                               
like kelp, but not salmon hatcheries.                                                                                           
                                                                                                                                
2:47:39 PM                                                                                                                    
                                                                                                                                
CO-CHAIR LINCOLN opened invited testimony.                                                                                      
                                                                                                                                
2:47:54 PM                                                                                                                    
                                                                                                                                
JULIE  DECKER, Executive  Director, Alaska  Fisheries Development                                                               
Foundation (AFDF),  testified in support  of SSHB 116.   She said                                                               
AFDF has been  spearheading an effort to  develop the mariculture                                                               
industry  in Alaska.    She stated  that  through the  governor's                                                               
Mariculture   Taskforce  a   comprehensive  statewide   plan  for                                                               
developing the industry  has been completed, with a  goal to grow                                                               
a $100  million industry  in 20  years.   She noted  the industry                                                               
would  be  applicable  in Southeast,  Southcentral,  Kodiak,  and                                                               
Southwest Alaska, and  that currently there are  farms in Kodiak.                                                               
She offered  her understanding that  there has been at  least one                                                               
farm application for  near Sand Point.  A positive  result of the                                                               
Mariculture Taskforce's  work has  been increased  private sector                                                               
interest in aquatic  farming, she said.  The  recent interest has                                                               
increased  applications to  the state,  she continued,  which has                                                               
led to a backlog and increased  the processing time from about 12                                                               
months to about 24 months as DNR works through the applications.                                                                
                                                                                                                                
MS. DECKER  noted that  the initial  application process  is very                                                               
rigorous.   She  said  DNR consults  with  multiple agencies  and                                                               
considers user conflicts,  biological concerns, habitat concerns,                                                               
marine  mammal  protection,  navigation hazards,  public  comment                                                               
periods, and  others.   If an application  makes it  through this                                                               
process and is  approved, she continued, the farm  must, after 10                                                               
years, go through a renewal process  that is at a higher standard                                                               
than other  industries and other  leases, which is what  is being                                                               
talked about.   She stated SSHB 116  would be a good  step in the                                                               
direction to  efficiently develop this industry  because it would                                                               
reduce the  workload at DNR;  prioritize DNR's staff time  on the                                                               
new farm lease applications, which  would help grow the industry;                                                               
and  give  more  certainty  to   farmers  who  have  invested  in                                                               
infrastructure during the first 10 years of the lease.                                                                          
                                                                                                                                
2:51:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER drew attention to  the flow chart for the                                                               
existing process and  asked whether the sponsor has  one for what                                                               
the bill is addressing.                                                                                                         
                                                                                                                                
REPRESENTATIVE STORY  replied that the main  process being talked                                                               
about in this flow chart is  within the box labeled "DNR *Aquatic                                                               
Farm Lease".  She  said a main point is that people  put up a lot                                                               
of capital to start their farm  and it takes three to seven years                                                               
to get  to the spot  of knowing whether the  farm is going  to be                                                               
viable.   The  renewal  comes  at 10  years,  she continued,  and                                                               
currently for  this second  step the farmer  must go  through the                                                               
whole rigorous  process again.   She said  [SSHB 116]  would make                                                               
the [first] renewal  simpler and smoother for  everyone, and then                                                               
at  20 years  the  farmer  would have  to  go  through the  whole                                                               
original process again  [for renewal].  She deferred  to ADF&G to                                                               
elaborate further.                                                                                                              
                                                                                                                                
MR.  PRYOR  responded  that the  aforementioned  is  an  accurate                                                               
description of what is going on with the flow chart.                                                                            
                                                                                                                                
2:53:04 PM                                                                                                                    
                                                                                                                                
CO-CHAIR LINCOLN  restated Representative Rauscher's  question as                                                               
to how the proposed change to  the renewals would affect the flow                                                               
chart.  Co-Chair Lincoln asked  whether the steps in the proposed                                                               
changes are  captured on the flow  chart, or some steps  would be                                                               
eliminated, or how it would vary under the proposed changes.                                                                    
                                                                                                                                
MR. PRYOR  answered, "I believe  you just  take the last  line of                                                               
the flow chart and where it says  you get approval then you go to                                                               
the bottom  line.  After the  10 years you would  just start over                                                               
at that bottom line again."                                                                                                     
                                                                                                                                
CO-CHAIR LINCOLN  asked whether  it is at  the line  labeled "DNR                                                               
Final Decision".                                                                                                                
                                                                                                                                
MR. PRYOR replied, "That's my understanding."                                                                                   
                                                                                                                                
2:53:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER  inquired how  the shorter  process would                                                               
be  enacted; for  example, whether  it would  be enacted  with an                                                               
application or  whether it would  be an understanding that  it is                                                               
going to  happen.   He further  inquired whether  at 20  years it                                                               
would  be  by  going  through  the  whole  thing  again  with  an                                                               
application process.                                                                                                            
                                                                                                                                
REPRESENTATIVE  STORY  responded  that   for  the  10  years  the                                                               
applicant goes through the rigorous  process, and then the farmer                                                               
would still have to fill out  an application and practically do a                                                               
lot of the same steps.  She said  it's just that there would be a                                                               
shorter  public review  process  involved, and  that there  would                                                               
still be regulatory  oversight and opportunity for  the public to                                                               
weigh in, and DNR would hear any appeal of it.                                                                                  
                                                                                                                                
2:55:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HANNAN  requested  Mr.   Pryor  to  describe  the                                                               
difference  in the  current leasing  process between  a shellfish                                                               
hatchery and  a finfish  hatchery and how  it would  be different                                                               
under SSHB 116.                                                                                                                 
                                                                                                                                
MR. PRYOR offered  his understanding that [SSHB  116] would bring                                                               
this more  on line  with how  the finfish leases  work -  when it                                                               
comes time to  renew, rather than starting at Step  A in the flow                                                               
chart  the renewal  would go  through the  commissioner, and  the                                                               
commissioner  would look  at the  renewal and  make the  decision                                                               
there without going through the top five or six steps.                                                                          
                                                                                                                                
REPRESENTATIVE HANNAN  surmised that currently finfish  farms are                                                               
allowed  to have  the shortened  renewal process  and it  is only                                                               
shellfish hatcheries and  farms that have been unable  to do this                                                               
for DNR renewals.                                                                                                               
                                                                                                                                
MR. PRYOR answered that that is his understanding.                                                                              
                                                                                                                                
REPRESENTATIVE HANNAN  asked whether shellfish farms  are limited                                                               
to a 10-year lease by practice  or by statute.  She further asked                                                               
whether finfish hatcheries are limited to [a 10-year lease].                                                                    
                                                                                                                                
MR. PRYOR replied he is unsure how that works.                                                                                  
                                                                                                                                
REPRESENTATIVE HANNAN asked what the  average length of [time] is                                                               
for finfish hatchery leasing locations.                                                                                         
                                                                                                                                
MR. PRYOR responded that he doesn't know.                                                                                       
                                                                                                                                
2:57:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAUSCHER read  aloud from  a letter  he received,                                                               
which states in  part:  "Leave the word "Renewal"  in as critical                                                               
for [relevant] considerations  in AS 38.05.083 ...  Please do not                                                               
remove the  opportunity of [relevant] consideration  upon renewal                                                               
of an oyster  farm.  We are just beginning  to understand all the                                                               
repercussions this  presents, as farming in  our navigable waters                                                               
grows...."   Representative  Rauscher requested  a response  from                                                               
the sponsor because  he would like to understand  the concern and                                                               
how it equates to where the sponsor is at with the bill.                                                                        
                                                                                                                                
MR. SMITH,  on behalf of  the sponsor, offered  his understanding                                                               
that in  terms of the  function of the  bill, "or renew"  must be                                                               
removed throughout AS  38.05.083 or it will  always be triggering                                                               
the more  extensive public comment  period.  He pointed  out that                                                               
the shortened  renewal process available  for other types  of DNR                                                               
leases  with equal  or significant  potential  impacts on  public                                                               
lands is an  optional choice for the director of  the Division of                                                               
Mining, Land and Water.  He  said he understands from DNR that it                                                               
would be case  dependent, such that if a  leasee wasn't following                                                               
stipulations of the lease, or  if there were significant problems                                                               
with neighbors  and the  public, and  there was  a lot  of clamor                                                               
about a lease  for any type of reason, the  director doesn't have                                                               
to  choose the  [proposed]  shortened lease  renewal process  and                                                               
could choose  to use the  process as outlined from  the beginning                                                               
of the flow chart.  He  offered his further understanding that if                                                               
there  are issues  with a  lease, upon  renewal [the  department]                                                               
could make changes to that lease.                                                                                               
                                                                                                                                
REPRESENTATIVE  RAUSCHER inquired  whether the  bill states  that                                                               
there is an  option to choose [the longer  lease renewal process]                                                               
if there is a problem.                                                                                                          
                                                                                                                                
MR. SMITH offered his understanding  that that optional choice is                                                               
found in  the bill on  page 1, Section  1, line 5,  which states,                                                               
"The director may  renew a lease issued under this  section".  He                                                               
pointed out that the word "may" is used as opposed to "shall".                                                                  
                                                                                                                                
REPRESENTATIVE  RAUSCHER  asked  whether anyone  else  interprets                                                               
that to mean the same thing.   Responding to Co-Chair Lincoln, he                                                               
requested Mr. Smith to restate this question.                                                                                   
                                                                                                                                
MR. SMITH responded that the question  is, "Where is it stated in                                                               
statute that this expedited lease  renewal process is an optional                                                               
decision?"   Responding  further to  Representative Rauscher,  he                                                               
said it is stated in the bill on page 1, Section 1, line 5.                                                                     
                                                                                                                                
REPRESENTATIVE  RAUSCHER inquired  whether the  word "may"  gives                                                               
[the director] that power.                                                                                                      
                                                                                                                                
3:01:20 PM                                                                                                                    
                                                                                                                                
ALPHEUS   BULLARD,    Attorney,   Legislative    Legal   Counsel,                                                               
Legislative Legal  Services, Legislative Affairs Agency,  said if                                                               
the question is, "What provides  the director with the discretion                                                               
to decide to renew a lease?" Mr.  Smith is correct that it is the                                                               
word "may" on page 1, line 5, of the bill.                                                                                      
                                                                                                                                
3:03:04 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  LINCOLN drew  attention  to page  2,  lines 7-9,  which                                                               
state:  "The commission, for  good cause, may deny an application                                                               
for  issuance [OR  RENEWAL] of  a  lease under  this section  but                                                               
shall provide  the applicant with  written findings  that explain                                                               
the reasons for  the denial."  Noting that "or  renewal" would be                                                               
deleted under this  section, he asked whether being  able to deny                                                               
an application for  "issuance" of a lease, but  not for "renewal"                                                               
of a lease, has any relevance to the question right now.                                                                        
                                                                                                                                
REPRESENTATIVE RAUSCHER  answered that he thinks  the questioning                                                               
was whether  input from  the community  was still  in there.   He                                                               
offered his belief that [Mr.  Smith] was addressing that if there                                                               
seems  to be  a  problem  that [DNR]  would  revert  back to  the                                                               
process  of  asking  the  community.   He  inquired  whether  his                                                               
understanding is correct.                                                                                                       
                                                                                                                                
MR. SMITH  replied that  his understanding from  DNR is  that the                                                               
public  can  weigh  in  during  the initial  lease  and  also  at                                                               
renewal.                                                                                                                        
                                                                                                                                
CO-CHAIR LINCOLN stated he would  hold public testimony until the                                                               
bill's  next hearing  and noted  that there  is one  more invited                                                               
testifier yet to be heard by the committee.                                                                                     
                                                                                                                                
3:04:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  offered his  understanding that  the initial                                                               
[aquatic  farm application]  process would  remain the  same, and                                                               
then there would be the renewal.   He said his concern is page 2,                                                               
Section 3,  lines 7-10,  and asked whether  it would  still stand                                                               
that the  commissioner could  deny the  renewal of  a lease.   He                                                               
pointed out  that "or renew"  would be deleted and  further asked                                                               
whether the  commissioner's ability to  deny a lease  for renewal                                                               
would be taken away.                                                                                                            
                                                                                                                                
3:05:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY replied,  "We  are taking  out the  renewal                                                               
here, but  in the statute that  we refer to earlier  ... it still                                                               
can be denied  in the renewal process that we  would be switching                                                               
to, if they had any cause  for that."  She welcomed clarification                                                               
in this  regard from  ADF&G or  anyone else  online.   She added,                                                               
 There can always  be a reason for denying the  renewal, it would                                                               
just be it's expedited."                                                                                                        
                                                                                                                                
REPRESENTATIVE  TUCK requested  that the  person who  answers the                                                               
aforementioned  question also  address  whether the  commissioner                                                               
can deny a person who is in the middle of a lease.                                                                              
                                                                                                                                
3:06:40 PM                                                                                                                    
                                                                                                                                
MR. BULLARD responded that in this  case it would be the director                                                               
and  the director  would have  the latitude  to deny  a lease  on                                                               
renewal under  AS 38.05.070, which  is where the  renewal process                                                               
is moving from AS 38.05.083.   He said if the director determines                                                               
that the  lease is  not in  the best interests  of the  state the                                                               
director should not  renew the lease.  He stated  he doesn't know                                                               
the answer to  the second question of whether that  can happen in                                                               
the middle of a lease term.                                                                                                     
                                                                                                                                
CO-CHAIR LINCOLN requested  Mr. Pryor to respond  to the question                                                               
of whether a lease can be terminated mid-lease.                                                                                 
                                                                                                                                
MR. PRYOR  replied he is  unable to  answer the question  off the                                                               
top  of his  head.   Responding further  to Co-Chair  Lincoln, he                                                               
agreed to follow  up and provide the committee with  an answer to                                                               
the question.                                                                                                                   
                                                                                                                                
3:08:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  LINCOLN reiterated  that he  would hold  testimony from                                                               
the  public  and from  the  second  invited testifier  until  the                                                               
bill's next hearing.                                                                                                            
                                                                                                                                
3:08:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TALERICO  related that  he has  experience dealing                                                               
with  these   leases  with  municipal   government  as   well  as                                                               
privately.  He offered his  belief that under statute, violations                                                               
of the lease  terms can result in forfeiture of  all of the lease                                                               
provisions.                                                                                                                     
                                                                                                                                
[SSHB 116 was held over.]                                                                                                       

Document Name Date/Time Subjects
SB43 Sponsor Statement.pdf HRES 5/3/2019 1:00:00 PM
SRES 2/20/2019 3:30:00 PM
SB 43
CSSB 43 (SFIN) - Sectional Summary.pdf HRES 5/3/2019 1:00:00 PM
SB 43
SB 43, Version A.PDF HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
SB 43
CSSB 43, Version B.pdf HRES 5/3/2019 1:00:00 PM
SB 43
SB 43 Work Draft v. M - Explanation.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
SB 43
SB43 Fiscal Note One - DCCED-CBPL 2.15.19.PDF HRES 5/3/2019 1:00:00 PM
SB 43
SB43 Fiscal Note Two - DCCED-CBPL 4.9.19.PDF HRES 5/3/2019 1:00:00 PM
SB 43
SB 43 Letters of Support.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
SB 43
SB 43 Letters of Opposition.pdf HRES 5/3/2019 1:00:00 PM
SFIN 3/13/2019 9:00:00 AM
SFIN 4/9/2019 9:00:00 AM
SB 43
SB 43 DCPL Letter .pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
SB 43
SB 43 Bunch Testimony.pdf HRES 5/3/2019 1:00:00 PM
SFIN 3/13/2019 9:00:00 AM
SFIN 4/9/2019 9:00:00 AM
SB 43
SB 43 Additional Testimony Huttunen.pdf HRES 5/3/2019 1:00:00 PM
SFIN 3/13/2019 9:00:00 AM
SFIN 4/9/2019 9:00:00 AM
SB 43
SB 43 BGCSB Letter of Support 4.03.19.pdf HRES 5/3/2019 1:00:00 PM
SB 43
SB 43 Big Game Commercial Services Board Sunset Review Audit.pdf HRES 5/3/2019 1:00:00 PM
SFIN 3/13/2019 9:00:00 AM
SB 43
SB43 Supporting Document - RHAK Letter House Resources 4.25.19.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
SB 43
HB138 Sponsor Statement version U 4.22.2019.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HB 138
HB138 version A 4.22.2019.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HB 138
HB138 Fiscal Note 4.26.19.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HB 138
HB138 40 CFR Part 131 4.22.2019.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HB 138
HB138 18 AAC 70.016 4.22.2019.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HB 138
HB138 Supporting Material DEC Tier 3 Water Designation FAQ 4.22.2019.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HRES 2/24/2020 1:00:00 PM
HRES 3/9/2020 1:00:00 PM
HRES 3/11/2020 1:00:00 PM
HB 138
HB138 Supporting Material DNR Fact Sheet Legislatively Designated Areas 4.22.2019.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HB138 Supporting Material DEC Tier 3 response 4.22.2019.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HB 138
HB138 Supporting Material Commissioner Hartig Letter to Senate 4.22.2019.PDF HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HRES 2/24/2020 1:00:00 PM
HB 138
HR138 Supporting Document EPA Response to DEC 7.26.18.pdf HRES 5/3/2019 1:00:00 PM
HR 138
HB138 Supporting Document - DEC P&P re Tier 3 Nomination 11.21.18.pdf HRES 4/29/2019 1:00:00 PM
HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HB 138
HB138 Supporting Document - AML Presentation Tier 3 Designation Impact 05.03.19.pdf HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HB 138
HB138 Supporting Document - DEC attachment sent to EPA 3.6.2018.pdf HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HRES 3/9/2020 1:00:00 PM
HB 138
HB138 Supporting Document - Legal Opinion re HB 138 and Ballot Initiatives 5.1.19.pdf HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HRES 2/24/2020 1:00:00 PM
HRES 3/9/2020 1:00:00 PM
HRES 3/11/2020 1:00:00 PM
HB 138
HB 138 Supporting Documents - SEACC Letter and Reference Material 05.01.19.pdf HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HB 138
HB138 Letters of Opposition 05.02.19.pdf HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HB 138
HB138 Suppporting Document - Doyon Letter of Support 4.26.19.pdf HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HB138 Coalition Letter of Support 4.28.19.pdf HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HB138 Supporting Documents - Chilkat Indian Village 04.26.19.pdf HRES 5/3/2019 1:00:00 PM
HB116 Sponsor Statement 4.15.19.pdf HFSH 4/16/2019 10:00:00 AM
HFSH 4/25/2019 10:00:00 AM
HRES 5/3/2019 1:00:00 PM
HRES 5/10/2019 1:00:00 PM
HB 116
HB116 ver U 04.30.19.pdf HRES 5/3/2019 1:00:00 PM
HRES 5/6/2019 1:00:00 PM
HRES 5/10/2019 1:00:00 PM
HB 116
HB116 DNR Fiscal Note 04.30.19.pdf HRES 5/3/2019 1:00:00 PM
HRES 5/6/2019 1:00:00 PM
HRES 5/10/2019 1:00:00 PM
HB 116
HB116 ver U Sectional Analysis 04.30.19.pdf HRES 5/3/2019 1:00:00 PM
HRES 5/6/2019 1:00:00 PM
HRES 5/10/2019 1:00:00 PM
HB 116
HB116 Explanation of Changes ver A to ver U 04.30.19.pdf HRES 5/3/2019 1:00:00 PM
HRES 5/6/2019 1:00:00 PM
HRES 5/10/2019 1:00:00 PM
HB 116
HB116 Aquatic Farm Application Review Flow Chart 04.30.19.pdf HRES 5/3/2019 1:00:00 PM
HRES 5/6/2019 1:00:00 PM
HRES 5/10/2019 1:00:00 PM
HB 116
HB 116 - AFDF Letter of Support 2019-04-15.pdf HFSH 4/16/2019 10:00:00 AM
HFSH 4/25/2019 10:00:00 AM
HRES 5/3/2019 1:00:00 PM
HRES 5/6/2019 1:00:00 PM
HB 116
HB116 ASGA Letter of Support 04.15.19.pdf HFSH 4/16/2019 10:00:00 AM
HFSH 4/25/2019 10:00:00 AM
HRES 5/3/2019 1:00:00 PM
HB 116
HB116 Supporting Document- Mariculture Plan.pdf HFSH 4/16/2019 10:00:00 AM
HFSH 4/25/2019 10:00:00 AM
HRES 5/3/2019 1:00:00 PM
HRES 5/6/2019 1:00:00 PM
HRES 5/10/2019 1:00:00 PM
HB 116
HB 116 Letter of Opposition-Hillstrand.pdf HFSH 4/25/2019 10:00:00 AM
HRES 5/3/2019 1:00:00 PM
HRES 5/10/2019 1:00:00 PM
HB 116
HB138 Supporting Document - DEC State Tier 3 Review 5.3.19.pdf HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HB138 Supporting Document - EPA to DEC Email 11.23.18.pdf HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HRES 2/24/2020 1:00:00 PM
HB 138
HB138 Supporting Document - Legal Opinion re DEC Statutory Authority to Designate Tier 3 Waters 5.2.19.pdf HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HRES 2/24/2020 1:00:00 PM
HRES 3/9/2020 1:00:00 PM
HRES 3/11/2020 1:00:00 PM
HB 138
HB138 Opposing Document - Letter in Opposition to House Resources Committee from SEACC - 5.1.19 (002).pdf HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HB 138
HB138 Supporting Document - Conitz Letter of Opposition 05.02.19.pdf HRES 5/3/2019 1:00:00 PM
HRES 2/10/2020 1:00:00 PM
HRES 2/14/2020 1:00:00 PM
HRES 2/17/2020 1:00:00 PM
HB 138