Legislature(2023 - 2024)

2024-04-17 House Journal

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2024-04-17                     House Journal                      Page 2322
HB 95                                                                                                                         
The following was read the second time:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 95                                                                                                           
    "An Act relating to designation of state water as outstanding                                                               
    national resource water; and providing for an effective date."                                                             
                                                                                                                                
with the: Journal Page                                                                                                          
                                                                                                                                
 FSH RPT 4DP 2AM 499                                                                                                            
 FN1: ZERO(DEC) 499                                                                                                             
 FN2: ZERO(DNR) 499                                                                                                             
 RES RPT 5DP 2DNP 1NR 1AM 715                                                                                                   
 FN1: ZERO(DEC) 715                                                                                                             
 FN2: ZERO(DNR) 715                                                                                                             

2024-04-17                     House Journal                      Page 2323
The Rules Committee submitted the following updated fiscal notes:                                                               
                                                                                                                                
3.  Zero, Dept. of Environmental Conservation                                                                                   
4.  Zero, Dept. of Natural Resources                                                                                            
                                                                                                                                
Amendment No. 1 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 7, following "statute.":                                                                                           
    Insert "A designation of outstanding national resource water made                                                           
by the state may only be reversed by statute."                                                                                  
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HB 95                                                                                                                           
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  26   NAYS:  14   EXCUSED:  0   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Allard, Baker, Carpenter, Carrick, Coulombe, Cronk, Eastman,                                                             
Gray, Groh, Himschoot, C.Johnson, D.Johnson, Josephson, McKay,                                                                  
Mears, Mina, Ortiz, Rauscher, Ruffridge, Saddler, Shaw, Stapp,                                                                  
Tilton, Tomaszewski, Vance, Wright                                                                                              
                                                                                                                                
Nays:  Armstrong, Dibert, Edgmon, Fields, Foster, Galvin, Hannan,                                                               
McCabe, McCormick, Prax, Schrage, Story, Stutes, Sumner                                                                         
                                                                                                                                
Gray changed from "NAY" to "YEA"                                                                                                
                                                                                                                                
And so, Amendment No. 1 was adopted.                                                                                            
                                                                                                                                
Amendment No. 2 was offered  by Representative Josephson:                                                                        
                                                                                                                                
Page 1, line 7:                                                                                                                 
    Delete "only"                                                                                                               
    Insert "by the department or"                                                                                               
                                                                                                                                

2024-04-17                     House Journal                      Page 2324
Page 1, line 9, following "by":                                                                                                 
    Insert "the department or by"                                                                                               
                                                                                                                                
Page 1, following line 10:                                                                                                      
    Insert new material to read:                                                                                                
         "(c)  A person may request that the department designate                                                               
    certain water of the state as outstanding national resource water by                                                        
    submitting a nomination to the department. The nomination must                                                              
    include                                                                                                                     
             (1)  a detailed description of the water;                                                                          
             (2)  relevant water quality data to the extent that it is                                                          
    available;                                                                                                                  
             (3)  the reason the water is being nominated, including                                                            
    information on the water's archaeological, cultural, scientific, or                                                         
    recreational significance;                                                                                                  
             (4)  whether the water is in or adjacent to a park,                                                                
    monument, refuge, fish and game critical habitat area, or other                                                             
    protected area;                                                                                                             
             (5)  a summary of stakeholder and community support for                                                            
    designation of the water as outstanding national resource water;                                                            
    and                                                                                                                         
             (6)  other information supporting the nomination.                                                                  
         (d)  Within 60 days after receiving a nomination under (c) of                                                          
    this section, the department shall determine whether the                                                                    
    nomination contains the required information. If the department                                                             
    determines that a nomination is incomplete, the department shall                                                            
    notify the person who submitted the nomination in writing and                                                               
    identify the information still required by the department. A person                                                         
    notified under this subsection may resubmit the nomination with                                                             
    the information required by the department.                                                                                 
         (e)  If the department determines that a nomination includes                                                           
    all information required under (c) of this section, the department                                                          
    shall consider the nomination complete. Once the department                                                                 
    determines that a nomination is complete, the department shall                                                             
             (1)  provide public notice of the nomination within 60                                                             
    days by                                                                                                                     
                 (A)  posting notice of the determination on the                                                                
          Alaska Online Public Notice System (AS 44.62.175);                                                                   
                 (B)  making a copy of the nomination available on                                                              
         the department's Internet website; and                                                                                 

2024-04-17                     House Journal                      Page 2325
                 (C)  providing a copy of the nomination and the                                                                
         notice to adjacent landowners and the Department of Natural                                                            
         Resources;                                                                                                             
             (2)  provide at least 60, but not more than 120, days for                                                          
    public comment;                                                                                                             
             (3)  hold at least one public hearing during the public                                                            
    comment period; the department shall give reasonable public                                                                 
    notice of the time, date, and place of each public hearing at least                                                         
    30 days before the hearing; and                                                                                             
             (4)  consult with the Department of Fish and Game,                                                                 
    federally recognized tribes in the area where the water is located,                                                         
    and relevant federal land managers.                                                                                         
         (f)  The department shall make a final decision in writing of                                                          
    whether to designate water as outstanding national resource water                                                           
    within 180 days after the end of the public comment period under                                                            
    (e) of this section. The department shall provide public notice of                                                          
    the decision.                                                                                                               
         (g)  When considering whether water shall be designated as                                                             
    outstanding national resource water under (f) of this section, the                                                          
    department shall consider whether                                                                                           
             (1)  the water is habitat for fish or other wildlife;                                                              
             (2)  the water has recreational value;                                                                             
             (3)  endangered fish or other wildlife are present in the                                                          
    water;                                                                                                                      
             (4)  the water or a portion of the water is in or adjacent to                                                      
    a park, monument, refuge, fish and game critical habitat area, or                                                           
    another protected area;                                                                                                     
             (5)  the water is of exceptional quality;                                                                          
             (6)  the water is of significant archaeological, cultural, or                                                      
    scientific importance;                                                                                                      
             (7)  the water provides special educational opportunities;                                                         
            (8)  the water contains unique aquatic habitat.                                                                    
         (h)  A person aggrieved by a final decision of the department                                                          
    under (f) of this section may, within 90 days after notice of the                                                           
    final decision, request an adjudicatory hearing under                                                                       
    AS 44.62.330 - 44.62.630.                                                                                                   
   * Sec. 2. AS 46.03.880(b) is amended to read:                                                                              
         (b)  Notwithstanding AS 44.62.330(a)(25), except for a                                                             
    hearing under AS 46.03.085(h), adjudicatory hearing procedures                                                          
                                                                                                                                

2024-04-17                     House Journal                      Page 2326
    to review permit decisions under this chapter need not conform to                                                           
    AS 44.62.330 - 44.62.630 (Administrative Procedure Act)."                                                                   
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Representative Josephson moved and asked unanimous consent that                                                                 
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Representative Saddler objected.                                                                                                
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HB 95 am                                                                                                                        
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  19   NAYS:  21   EXCUSED:  0   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Armstrong, Carrick, Dibert, Edgmon, Fields, Foster, Galvin,                                                              
Gray, Groh, Hannan, Himschoot, Josephson, McCormick, Mears,                                                                     
Mina, Ortiz, Schrage, Story, Stutes                                                                                             
                                                                                                                                
Nays:  Allard, Baker, Carpenter, Coulombe, Cronk, Eastman,                                                                      
C.Johnson, D.Johnson, McCabe, McKay, Prax, Rauscher, Ruffridge,                                                                 
Saddler, Shaw, Stapp, Sumner, Tilton, Tomaszewski, Vance, Wright                                                                
                                                                                                                                
And so, Amendment No. 2 was not adopted.                                                                                        
                                                                                                                                
Amendment Nos. 3 and 4 were not offered.                                                                                        
                                                                                                                                
Representative Saddler moved and asked unanimous consent that                                                                   
HB 95 am be considered engrossed, advanced to third reading, and                                                                
placed on final passage.                                                                                                        
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
HB 95 am will advance to third reading on tomorrow's calendar.