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SB 118: "An Act relating to surveys required to be submitted to the Department of Natural Resources; relating to peer review by the State Board of Registration for Architects, Engineers, and Land Surveyors of required surveys submitted to the Department of Natural Resources; and providing for an effective date."

00                             SENATE BILL NO. 118                                                                         
01 "An Act relating to surveys required to be submitted to the Department of Natural                                       
02 Resources; relating to peer review by the State Board of Registration for Architects,                                   
03 Engineers, and Land Surveyors of required surveys submitted to the Department of                                        
04 Natural Resources; and providing for an effective date."                                                                
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1. AS 08.01.065(f) is amended to read:                                                                   
07            (f)  Notwithstanding (c) of this section, the department shall                                               
08                 (1)  establish fee levels under (a) of this section so that the total amount                        
09       of fees collected by the State Board of Registration for Architects, Engineers, and                               
10       Land Surveyors approximately equals the total regulatory costs of the department and                              
11       the board for all occupations regulated by the board;                                                         
12                 (2)  [. THE DEPARTMENT SHALL] set the fee levels for the issuance                                   
13       and renewal of a certificate of registration issued under AS 08.48.211 so that the fee                            
14       levels are the same for all occupations regulated by the board;                                               
01                 (3)  establish fees for a peer review by the State Board of                                         
02       Registration for Architects, Engineers, and Land Surveyors of a survey under                                  
03       AS 08.48.101; the person or entity submitting the survey for review shall pay the                             
04       fees established under this subsection.                                                                       
05    * Sec. 2. AS 08.48.071(d) is amended to read:                                                                      
06            (d)  Board records and papers of the following class are of a confidential nature                            
07       and are not public records: examination material for examinations not yet given, file                             
08       records of examination problems, solutions, letters of inquiry and reference                                      
09       concerning applicants, board inquiry forms concerning applicants, investigation files if                          
10       an investigation is still pending, proprietary information and trade secrets                                  
11       contained in surveys submitted for review under AS 38.05.955, and all other                                   
12       matters of a like confidential nature.                                                                            
13    * Sec. 3. AS 08.48.101 is amended by adding a new subsection to read:                                              
14            (c)  The board shall adopt regulations to establish procedures for convening a                               
15       committee to conduct a peer review of a survey under AS 38.05.955; regulations                                    
16       adopted under this paragraph must require that a committee include at least three                                 
17       professional land surveyors each of whom                                                                          
18                 (1)  is not an employee of the Department of Natural Resources;                                         
19                 (2)  does not have a significant financial interest in the project that is                              
20       the subject of the review; in this subparagraph, "significant financial interest" does not                        
21       include an interest possessed generally by the public or a large class of persons; and                            
22                 (3)  is qualified to evaluate the survey.                                                               
23    * Sec. 4. AS 38.05 is amended by adding a new section to read:                                                     
24            Sec. 38.05.955. Review of surveys; peer review. (a) When a person submits                                
25       to the department a survey required for the lease, sale, or disposal of land under this                           
26       chapter or AS 38.35, the department shall notify the person within two weeks after the                            
27       submission if the department intends to review the survey and that the person may                                 
28       request that the State Board of Registration for Architects, Engineers, and Land                                  
29       Surveyors, rather than the department, review the survey. The department shall refer                              
30       the review of the survey to the State Board of Registration for Architects, Engineers,                            
31       and Land Surveyors for a peer review under AS 08.48.101(c) when requested by the                                  
01       person submitting the survey. A person may request that the department refer a survey                             
02       for a peer review under AS 08.48.101(c)                                                                           
03                 (1)  within two weeks after receiving notice of review under this                                       
04       subsection; or                                                                                                    
05                 (2)  if notice of review is not provided, within two weeks after the                                    
06       expiration of the period required for the department to issue a notice of review.                                 
07            (b)  The department shall adopt regulations necessary to establish standards for                             
08       a peer review committee convened under AS 08.48.101(c) to conduct a peer review                                   
09       under this section. The standards must be limited to determining whether the survey                               
10                 (1)  accurately depicts and describes the surveyed location;                                            
11                 (2)  meets or exceeds the standards for the practice of land surveying                                  
12       under AS 08.48;                                                                                                   
13                 (3)  meets or exceeds requirements for a survey under this chapter or                                   
14       AS 38.35.                                                                                                         
15            (c)  The department retains the authority to render a final decision on the                                  
16       accuracy of a survey referred to the State Board of Registration for Architects,                                  
17       Engineers, and Land Surveyors. A final decision must be issued by the department not                              
18       later than two weeks after the State Board of Registration for Architects, Engineers,                             
19       and Land Surveyors completes the peer review.                                                                     
20            (d)  In this section, "survey" means a final land, submerged land, or tideland                               
21       survey, or a plat, replat, as-built, or similar survey document issued by a professional                          
22       land surveyor, stamped as required under AS 08.48.221.                                                            
23    * Sec. 5. AS 38.35.015 is amended to read:                                                                         
24            Sec. 38.35.015. Powers of the commissioner. The commissioner has all                                       
25       powers necessary and proper to implement the policy, purposes, and provisions of this                             
26       chapter, so as to subserve, as the exercise of reasoned discretion determines, the public                         
27       interest, convenience and necessity, including [BUT NOT LIMITED TO]                                               
28                 (1)  granting leases of state land for pipeline right-of-way purposes;                                  
29                 (2)  leasing, purchasing, or otherwise acquiring (including condemning                                  
30       by declaration of taking) easements or other interests in land in this state for the                              
31       purpose of utilizing or granting leases of the land, easements, or interests for pipeline                         
01       right-of-way purposes;                                                                                            
02                 (3)  purchasing interests in pipelines in accordance with options                                       
03       included in right-of-way leases;                                                                                  
04                 (4)  investigating any matters concerning any lessee with a view to                                     
05       assuring compliance by it with its right-of-way lease, this chapter, and any other                                
06       applicable state or federal law;                                                                                  
07                 (5)  developing from time to time and maintaining a comprehensive                                       
08       master plan for pipeline transportation development;                                                              
09                 (6)  developing and promoting programs to foster efficient, economical,                                 
10       and safe pipeline transportation services in the state;                                                           
11                 (7)  coordinating the activities of the commissioner under this chapter                                 
12       with the transportation and other relevant activities of other public agencies and                                
13       authorities;                                                                                                      
14                 (8)  constructing, extending, enlarging, improving, repairing, acquiring,                               
15       operating, or engaging in transportation, service, or sale by any pipeline or providing                           
16       for these by contract, lease, or other arrangement on those terms that the commissioner                           
17       may consider necessary, convenient, or desirable with any agency, corporation, or                                 
18       person, including [BUT NOT LIMITED TO] any carrier or any state agency, when the                                  
19       commissioner determines that a lessee carrier is not willing to undertake and complete                            
20       the action within a reasonable time, and to sell, lease, grant, and dispose of any                                
21       property constructed or acquired in the exercise of this power;                                               
22                 (9)  providing for a peer review of a survey submitted under this                                   
23       chapter as provided in AS 38.05.955.                                                                          
24    * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to                          
25 read:                                                                                                                   
26       TRANSITION: REGULATIONS. The Department of Natural Resources, the                                                 
27 Department of Commerce, Community, and Economic Development, and the State Board of                                     
28 Registration for Architects, Engineers, and Land Surveyors may adopt regulations necessary                              
29 to implement the changes made by this Act. The regulations take effect under AS 44.62                                   
30 (Administrative Procedure Act), but not before the effective date of the law implemented by                             
31 the regulation.                                                                                                         
01    * Sec. 7. Section 6 of this Act takes effect immediately under AS 01.10.070(c).                                    
02    * Sec. 8. Except as provided in sec. 7 of this Act, this Act takes effect January 1, 2017.