Legislature(2013 - 2014)

2013-01-18 Senate Journal

Full Journal pdf

2013-01-18                     Senate Journal                      Page 0057
SB 26                                                                                                                         
SENATE BILL NO. 26 BY THE SENATE RULES COMMITTEE                                                                                
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                
          "An Act relating to the Alaska Land Act, including                                                                    
          certain authorizations, contracts, leases, permits, or                                                                
          other disposals of state land, resources, property, or                                                                
          interests; relating to authorization for the use of state                                                             

2013-01-18                     Senate Journal                      Page 0058
          land by general permit; relating to exchange of state                                                                 
          land; relating to procedures for certain administrative                                                               
          appeals and requests for reconsideration to the                                                                       
          commissioner of natural resources; relating to the                                                                    
          Alaska Water Use Act; and providing for an effective                                                                  
          date."                                                                                                                
                                                                                                                                
was read the first time and referred to the Resources and Finance                                                               
Committees.                                                                                                                     
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, zero, Department of Natural Resources                                                                       
 Fiscal Note No. 2, zero, Department of Fish and Game                                                                           
                                                                                                                                
Governor's transmittal letter dated January 17:                                                                                 
                                                                                                                                
Dear President Huggins,                                                                                                         
                                                                                                                                
Alaskans deserve more timely, consistent permitting decisions, and the                                                          
bill I transmit today is designed to better accomplish those ends. Under                                                        
the authority of Article III, Section 18 of the Alaska Constitution, I am                                                       
transmitting a bill relating to the Alaska Land Act, including certain                                                          
authorizations, contracts, leases, permits, or other disposals of State                                                         
land, resources, property, or interests; relating to authorization for the                                                      
use of State land by general permit; relating to exchange of State land;                                                        
relating to procedures for certain administrative appeals and requests                                                          
for reconsideration to the Commissioner of Department of Natural                                                                
Resources; and relating to the Alaska Water Use Act.                                                                            
                                                                                                                                
The permitting functions of State government necessarily balance                                                                
protecting the environment with utilization to provide the economic                                                             
means for Alaskans to sustain themselves. This legislation encourages                                                           
responsible development of our State land and water resources. An                                                               
efficient permitting process with clear rules contributes to Alaskan                                                            
economic growth and creates more Alaskan business opportunities.                                                                
                                                                                                                                
The bill reforms and streamlines procedures for obtaining, issuing, and                                                         
appealing permits, leases, best interest findings, and other                                                                    
authorizations issued by the Department of Natural Resources (DNR),                                                             
particularly concerning land and water. Below is a list of key                                                                  
provisions of the bill.                                                                                                         
                                                                                                                                

2013-01-18                     Senate Journal                      Page 0059
Except for the surface coal program, in order to retain primacy, the bill                                                       
explicitly authorizes the Commissioner of the Department of Natural                                                             
Resources to allow an activity on State land through the issuance of a                                                          
general permit if the commissioner finds that the activity is unlikely to                                                       
cause significant and irreparable harm to State land or resources.                                                              
Providing explicit authority for the issuance of a general permit                                                               
streamlines the permitting process for activities on State land by                                                              
clearly making it unnecessary for each individual to receive a separate                                                         
permit for the allowed activity.                                                                                                
                                                                                                                                
The bill reforms the current land exchange statutes to simplify the                                                             
procedure for DNR to authorize land exchanges.                                                                                  
                                                                                                                                
It modifies the procedures for appeals from DNR decisions, clarifying                                                           
who has standing to appeal and providing for a more streamlined                                                                 
appeals process. The bill would modify the Alaska Water Use Act to                                                              
improve administration of the act.                                                                                              
                                                                                                                                
In addition to these changes, the bill modifies and clarifies public                                                            
notice and comment procedures for certain best interest finding                                                                 
decisions and small changes that otherwise streamline existing                                                                  
procedures of DNR.                                                                                                              
                                                                                                                                
The bill is consistent with the State's ongoing efforts to streamline                                                           
permitting requirements for the public to use and enjoy Alaska's land                                                           
and resources.                                                                                                                  
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sean Parnell                                                                                                                    
Governor