00                            SENATE BILL NO. 121                                                                         
01 "An Act adding, for purposes of the Alaska Right-of-Way Leasing Act, a definition of                                    
02 'substantial change' as applied to an amended right-of-way lease application; and                                       
03 providing for an effective date."                                                                                       
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.  AS 38.35.050(c) is amended to read:                                                                  
06            (c)  Any amendment to an application filed under this section that [WHICH]                               
07       constitutes a substantial change in the application is subject to all provisions of this                          
08       chapter applying to an original application.  For purposes of this subsection,                                
09                 (1)  an amendment constitutes a substantial change in the                                           
10       application only if the amendment proposes                                                                    
11                      (A)  a net increase in the amount of state acreage to be                                       
12            leased for the right-of-way that exceeds by at least 10 percent the amount                               
13            of the acreage in the applicant's original application; or                                               
14                      (B)  a change in the design of the pipeline that would use less                                

01            effective environmental or safety mitigation measures or less advanced                                   
02            technology than proposed in the original application;                                                    
03                 (2)  in calculating the percentage increase in acreage under (1)(A)                                 
04       of this subsection, each of the following must be excluded:                                                   
05                      (A)  the acreage attributable to an amendment to a right-of-                                   
06            way grant across federal land originally issued by the federal government,                               
07            whether administered by the state or the federal government; and                                         
08                      (B)  land subject to an existing federal right-of-way grant                                    
09            held by the applicant that is transferred to the state for its administration.                           
10    * Sec. 2.  AS 38.35.080(b) is amended to read:                                                                     
11            (b)  Upon completion of the analysis but not less than 30 days before the date                               
12       set for hearing an application or an amendment to an application that, under                                  
13       AS 38.35.050(c), constitutes a substantial change in the [AMENDMENT TO AN]                                
14       application, the commissioner shall publish notice, and make copies available as                                  
15       provided in AS 38.35.070.                                                                                         
16    * Sec. 3.  This Act takes effect immediately under AS 01.10.070(c).