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.