Legislature(2023 - 2024)
2024-04-17 House Journal
Full Journal pdf2024-04-17 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.