Legislature(2015 - 2016)BUTROVICH 205

03/18/2015 03:30 PM RESOURCES

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Audio Topic
03:30:21 PM Start
03:31:00 PM HJR6
03:55:35 PM SB57
04:17:31 PM Confirmation Hearing: Department of Natural Resources
05:07:29 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
= HJR 6 FEDERAL CONTAMINATION OF ANCSA LANDS
Moved SCS HJR 6(RES) Out of Committee
+ SB 57 CLEAN AIR ACT PLAN TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Confirmation on Governor's Appointees: TELECONFERENCED
Mark Myers, Commissioner, Department of Natural
Resources
-- Public Testimony on Appointee--
+ Bills Previously Heard/Scheduled TELECONFERENCED
          HJR  6-FEDERAL CONTAMINATION OF ANCSA LANDS                                                                       
                                                                                                                                
3:31:00 PM                                                                                                                    
CHAIR GIESSEL announced HJR 6 to be up for consideration.                                                                       
                                                                                                                                
SENATOR STOLTZE joined the committee.                                                                                           
                                                                                                                                
JEFF TURNER,  staff to  Representative Charisse  Millett, sponsor                                                               
of HJR 6, said this is  essentially the same resolution passed by                                                               
the  legislature  last  year.  When   the  Alaska  Native  Claims                                                               
Settlement  Act  (ANCSA) was  passed  in  1971, some  lands  were                                                               
transferred  to the  newly formed  Native corporations  that were                                                               
found to  be contaminated, which  prevent the traditional  use of                                                               
many of those lands, which goes  against the intent and spirit of                                                               
the law.                                                                                                                        
                                                                                                                                
In 1998,  the Department of  Interior prepared a report  with six                                                               
recommendations  ranging from  creating a  forum made  up of  the                                                               
entities  involved  in  this  issue to  identifying  all  of  the                                                               
contaminated  sites, to  giving  the  landowners assurances  that                                                               
liability  for  the contamination  would  not  be transferred  to                                                               
them. Seventeen  years later none  of those  recommendations have                                                               
been acted on.                                                                                                                  
                                                                                                                                
3:32:14 PM                                                                                                                    
He said that Representative Millett  had spoken to Bureau of Land                                                               
Management (BLM) officials, but made  little progress. To keep up                                                               
the  pressure  on  the federal  government,  she  sponsored  this                                                               
legislation again  to hopefully get  results similar to  what was                                                               
accomplished with the travesty wells.                                                                                           
                                                                                                                                
3:33:01 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
3:33:29 PM                                                                                                                    
SENATOR COSTELLO moved Amendment 1.                                                                                             
                                                 29-LS0269\A.1                                                                  
                                                       Nauman                                                                   
                                                      3/14/15                                                                   
                          AMENDMENT 1                                                                                       
                                                                                                                                
     OFFERED IN THE SENATE                                                                                                      
                                                                                                                                
     Page 3, line 11:                                                                                                           
          Delete "."                                                                                                            
          Insert "; and be it"                                                                                                  
                                                                                                                                
     Page 3, following line 11:                                                                                                 
     Insert new material to read:                                                                                               
          "FURTHER   RESOLVED   that    the   Alaska   State                                                                  
     Legislature urges the United States federal government                                                                     
     to  reimburse the  medical  expenses  of residents  who                                                                    
     have health  conditions and  complications as  a result                                                                    
     of  living on  contaminated and  polluted lands  in the                                                                    
     state   conveyed  under   the   Alaska  Native   Claims                                                                    
     Settlement Act."                                                                                                           
                                                                                                                                
SENATOR STOLTZE objected for discussion purposes.                                                                               
                                                                                                                                
SENATOR  COSTELLO explained  that this  amendment adds  a further                                                               
resolve section on page 3,  following line 11, urging the federal                                                               
government  to  reimburse  medical  expenses to  those  who  have                                                               
health conditions  as a  result of  living on  contaminated lands                                                               
the state conveyed under the  Alaska Native Claims Settlement Act                                                               
(ANCSA).                                                                                                                        
                                                                                                                                
SENATOR STOLTZE removed his objection.                                                                                          
                                                                                                                                
SENATOR  MICCICHE  objected  for   discussion  purposes.  He  was                                                               
concerned  that  the  undetermined   amount  of  liability  might                                                               
complicate the resolution as opposed  to just a statement that we                                                               
expect the lands to be cleaned up.                                                                                              
                                                                                                                                
MR.  TURNER said  the sponsor  supported  the amendment.  Patrick                                                               
Marshall,  a  constituent  of  Senator  Stedman's,  brought  this                                                               
amendment forward.                                                                                                              
                                                                                                                                
SENATOR MICCICHE removed his objection.                                                                                         
                                                                                                                                
CHAIR  GIESSEL, finding  no  further  objections, announced  that                                                               
Amendment 1 was adopted.                                                                                                        
                                                                                                                                
3:36:03 PM                                                                                                                    
NICHOLA   RUEDY,  Executive   Director,  Alaska   Native  Village                                                               
Corporation  Association  (ANVCA), Anchorage,  Alaska,  supported                                                               
HJR 6.  She related some  history of the contamination.  When the                                                               
federal government conveyed  millions of acres of  land to Alaska                                                               
Native  Corporations, it  included  lands with  various types  of                                                               
hazardous  waste  and  toxic  materials  that  posed  significant                                                               
health  risk  to  humans,  animals,   and  environment,  such  as                                                               
arsenic, asbestos,  PCBs, mining waste, chemicals,  petroleum and                                                               
oil solvents, mercury, and toxic metals.                                                                                        
                                                                                                                                
During  the 1990s,  the Alaska  Native community  raised concerns                                                               
about the contaminated lands the  Department of Interior conveyed                                                               
to  them,  and,  in  1995, Congress  directed  the  Secretary  of                                                               
Interior  to  prepare   a  report  about  the   extent  of  their                                                               
contamination.   In  December 1998,  the  department submitted  a                                                               
report  entitled  "Hazardous  Substance Contamination  of  Alaska                                                               
Native  Claims  Settlement  Act  Lands in  Alaska."  In  it  they                                                               
acknowledged conveying  approximately 650 contaminated  sites and                                                               
identified    numerous   hazardous    wastes   including    known                                                               
carcinogens.   Recognizing   the    injustice,   the   department                                                               
recommended  fully  identifying the  sites  along  with clean  up                                                               
recommendations.  But   extensive  research  indicates   that  no                                                               
efforts have been made to implement any of them.                                                                                
                                                                                                                                
3:38:18 PM                                                                                                                    
JULIANNA  SHANE,  Director,   Tanadgusix  Corporation,  St.  Paul                                                               
Island, Alaska, supported  HJR 6. She said she grew  up around so                                                               
much  petroleum  contaminated  soils  that she  didn't  know  any                                                               
different. From 1986-2000, cleanup work  was done by the National                                                               
Oceanic and  Atmospheric Administration (NOAA) for  the Pribiloff                                                               
Islands under  the Fur  Seal Act. Since  the mid-90s  the cleanup                                                               
has cost $76 million of both  islands. Now, they are in the final                                                               
stages of  trying to receive  the property back from  the federal                                                               
government.                                                                                                                     
                                                                                                                                
She wanted  them to know that  this work can be  done internally.                                                               
Corporate shareholders have  now been trained to  do this cleanup                                                               
work and one of the companies even does cleanup nationwide.                                                                     
                                                                                                                                
MS. SHANE  said she is  from a family of  11 and her  husband was                                                               
from a  family of 15.  They watched as  four of his  sisters, one                                                               
from  brain cancer,  one  from stomach  cancer,  one from  kidney                                                               
cancer, passed and she recently  lost her husband from small cell                                                               
lung cancer. Their shareholders have  one of the highest rates of                                                               
cancer. All the  other villages need to be cleaned,  not just the                                                               
Pribiloffs.                                                                                                                     
                                                                                                                                
3:41:29 PM                                                                                                                    
JIM ARNESEN,  Corporate, Lands,  and Regulatory  Manager, Eklutna                                                               
Inc., Eagle River,  Alaska, supported HJR 6. He  said Eklutna had                                                               
received a  number of  contaminated lands  through ANCSA;  one of                                                               
the more  prominent areas is in  the heart of the  Native Village                                                               
of Eklutna, itself. It is the  former site for the U.S. Army Camp                                                               
Mohawk,  the  BIA  Eklutna  Boarding  School,  and  the  Railroad                                                               
quarry.  Over the  last  few years  they  village received  grant                                                               
funds  for investigation  and remediation  activities. Currently,                                                               
the Corps  of Engineers is  out there working to  attempt further                                                               
remediation of  petroleum product contamination.  Presently, they                                                               
are waiting for results of testing from the Corps.                                                                              
                                                                                                                                
Other  contaminated sites  include  the  original Matanuska  town                                                               
site that had  been used by a former polluter  from Anchorage who                                                               
is now  deceased. He  had placed a  large number  of contaminated                                                               
materials  of  various  kinds  and   quantities  all  around  the                                                               
properties and some have migrated.                                                                                              
                                                                                                                                
They also received  an old homestead that  they spent substantial                                                               
funds of their own to  cleanup. The operation consisted mostly of                                                               
surface debris  from Donnelly who  operated an illegal  junk yard                                                               
on  the property.  This property  is impaired  and will  probably                                                               
require more remediation in the future.                                                                                         
                                                                                                                                
MR.  ARNESEN   said  they  have   property  near   the  Birchwood                                                               
Recreation  and  Shooting  Park   where  trespass  shooters  have                                                               
contaminated property  with lead and  they are in the  process of                                                               
determining  the levels  of contamination  which  will guide  the                                                               
remediation effort.                                                                                                             
                                                                                                                                
He  said  the municipality  had  a  project  to replace  the  old                                                               
Eklutna  Bridge  that   led  to  the  discovery   of  lead  paint                                                               
contamination  below the  bridge that  will require  remediation.                                                               
More  recently,   potential  contamination  was   discovered  and                                                               
believed  to be  emanating from  the old  Peters Creek  landfill.                                                               
Eklutna  has received  other properties  that have  been used  by                                                               
various  governmental  units and  as  they  go to  develop  these                                                               
properties  they run  into contamination,  buried  pits, and  all                                                               
kinds of  toxins. The  cost of  remediating these  properties has                                                               
been a  financial burden  and has at  time prevented,  stopped or                                                               
delayed a project.                                                                                                              
                                                                                                                                
MR.  ARNESEN said  Eklutna believes  the contamination  on Native                                                               
lands caused by former governmental  units or others has not been                                                               
addressed  satisfactorily and  that  those impacted  lands are  a                                                               
burden and  a hurdle for economic  development opportunities. The                                                               
federal  government has  the financial  and  moral obligation  to                                                               
remediate  the contaminated  sites and  reimburse funds  spent by                                                               
Native  corporations on  cleaning them  up. He  also agreed  with                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
3:46:17 PM                                                                                                                    
SENATOR STOLTZE  said he appreciated  what Eklutna is doing  as a                                                               
good steward of the resources.                                                                                                  
                                                                                                                                
SENATOR  COSTELLO  asked  if   the  Department  of  Environmental                                                               
Conservation (DEC) has  a list of the 650  contaminated sites and                                                               
monitors them in some capacity.                                                                                                 
                                                                                                                                
KRISTIN  RYAN,   Director,  Division  of  Spill   Prevention  and                                                               
Response (SPAR), Department  of Environmental Conservation (DEC),                                                               
answered yes; they  have a database of all  contaminated sites in                                                               
the state  that were caused  by the federal government.  In fact,                                                               
the Department of Interior (DOI) relies  on it as the best source                                                               
of information on contaminated sites in the state.                                                                              
                                                                                                                                
SENATOR  COSTELLO asked  if there  had ever  been a  conversation                                                               
about taking the feds to court over this.                                                                                       
                                                                                                                                
MS.  RYAN answered  that  the department  has  several MOUs  with                                                               
multiple  federal  agencies  that  are  working  on  cleaning  up                                                               
contamination that they own or  inherited and she prefers to make                                                               
that  kind of  progress as  opposed to  taking legal  action, and                                                               
some  sites  are  already  under  active  remediation  work.  The                                                               
department is continuing  to work with the  federal government on                                                               
the ones they have cleanup standards disagreements with.                                                                        
                                                                                                                                
SENATOR COSTELLO asked if she supported the amendment.                                                                          
                                                                                                                                
MS. RYAN  said the few claims  of medical concern that  she knows                                                               
of  were difficult  to prove.  It's  very difficult  to make  the                                                               
direction connection  of old contamination to  a potential health                                                               
issue.                                                                                                                          
                                                                                                                                
SENATOR  STOLTZE asked  if the  state is  spending SPAR  funds on                                                               
some of these federally contaminated sites.                                                                                     
                                                                                                                                
MS.  RYAN answered  that the  SOA spends  some money  to get  the                                                               
federal  government to  honor its  obligations under  federal and                                                               
state law.  The state gets  reimbursed for the majority  of those                                                               
expenses through the  MOUs, but at times it takes  years to reach                                                               
settlement. Approximately $8 million  in federal money that comes                                                               
into the  contaminated site program  is spent to  cover oversight                                                               
of cleanup of the sites.                                                                                                        
                                                                                                                                
CHAIR  GIESSEL,  finding  no   further  comments,  closed  public                                                               
testimony.                                                                                                                      
                                                                                                                                
MR.  TURNER thanked  the committee  for their  attention on  this                                                               
issue  and said  the sponsor  is convinced  this resolution  will                                                               
have equally  similar results  as her  resolution for  cleanup of                                                               
the travesty wells.                                                                                                             
                                                                                                                                
SENATOR MICCICHE commented  that at some point they  will have to                                                               
start putting teeth into these requests.                                                                                        
                                                                                                                                
SENATOR COSTELLO moved  to report HJR 6,  version 29-LS0269\A, as                                                               
amended  from  committee   with  individual  recommendations  and                                                               
attached zero fiscal  note. There were no objections  and SCS HJR                                                               
6(RES) moved from the Senate Resources Standing Committee.                                                                      

Document Name Date/Time Subjects
CSSB 57 ver I.pdf SRES 3/18/2015 3:30:00 PM
SB 57
HJR 6 Sponsor Statement.pdf SRES 3/18/2015 3:30:00 PM
HJR 6
HJR6 ver A.PDF SRES 3/18/2015 3:30:00 PM
HJR 6
HJR6 - Fiscal Note.pdf SRES 3/18/2015 3:30:00 PM
HJR 6
HJR6 Supporting Documents-AFN Resolution.pdf SRES 3/18/2015 3:30:00 PM
HJR 6
HJR6 Supporting Documents-ANCSA Resolution.pdf SRES 3/18/2015 3:30:00 PM
HJR 6
HJR6 Supporting Documents-Letter ANCVA.pdf SRES 3/18/2015 3:30:00 PM
HJR 6
HJR6 Supporting Documents-Pribilof Islands TDX.pdf SRES 3/18/2015 3:30:00 PM
HJR 6
HJR6 Supporting Documents-Report to Congress. Hazardous Substance Contamination.pdf.pdf SRES 3/18/2015 3:30:00 PM
HJR 6
HJR6 Supporting Documents-Tyonek Native Corporation Contaminated Sites.pdf SRES 3/18/2015 3:30:00 PM
HJR 6
HJR6 Supporting Documents-Unalakleet PCB.pdf SRES 3/18/2015 3:30:00 PM
HJR 6
SB 57 Sponsor Statement.pdf SRES 3/18/2015 3:30:00 PM
SB 57
CSSB 57 ver I.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Sectional Analysis.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 DEC fiscal note 3-13-15.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 - Supporting Document -Letter ARCTEC 3-12-15.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 - Supporting Document - Article NMA -Electrical Grid Reliability.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 - Supporting Documents - Rokeberg - observations re 111(d) in Alaska 2-12-2015.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Supporting Letter Support - Consumer Energy Alliance - AK.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Supporting Document - Alaska Chamber 3-13-15.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Supporting Document - Alaska State Senate Leadership Letter - EPA-HQ-OAR-2013-0602 - Nov 24 2014.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Supporting Document - Article Bloomberg BNA.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Supporting Document - Article NMA - Fact Sheet-Electricity Prices EPA Power Plant Policies Impose Regressive Electricity Tax.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Supporting Document - Article The Daily Signal 2-17-2015.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Supporting Document - Article The Pew Charitable Trusts 2-27-2015.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Supporting Document - EPA Clean Power Plan - NMA.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Supporting Document - Letter - Golden Valley Electric Association 3-16-15.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Supporting Document - Letter Alaska Miners Association 3-16-15.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Supporting Document - Letter -Teamsters 3-16-15.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Supporting Document - State of Alaska Comments, Docket # EPA-HQ-OAR-2013-0602.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 Supporting Document -Article MINNPOST.pdf SRES 3/18/2015 3:30:00 PM
SB 57
SB 57 - Supporting Documents - ADN Denali Park Air Quality.pdf SRES 3/18/2015 3:30:00 PM
SRES 3/20/2015 3:30:00 PM
SB 57
SB 57 Letter of Opposition - Morley.pdf SRES 3/18/2015 3:30:00 PM
SRES 3/20/2015 3:30:00 PM
SB 57
SB 57- Letter of Opposition Whytal.pdf SRES 3/18/2015 3:30:00 PM
SRES 3/20/2015 3:30:00 PM
SB 57
SB 57 Explanation of Changes Version E to I.pdf SRES 3/18/2015 3:30:00 PM
SRES 3/20/2015 3:30:00 PM
SB 57
Resume-Commissioner DNR - Myers.pdf SRES 3/18/2015 3:30:00 PM