Legislature(1997 - 1998)

04/14/1997 01:37 PM Senate CRA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
          SB 98 CONVEY LAND TO MUNICIPALITIES/BOROUGHS                        
                                                                              
                                                                               
  CHAIRMAN MACKIE  brought SB 98 before the committee and directed             
 attention to a new proposed C&RA committee substitute, which would            
 replace the version adopted by the committee at the previous                  
 hearing on the legislation.                                                   
                                                                               
  ANNETTE KREITZER , staff to Senator Loren Leman, reviewed the                
 changes made in the committee substitute.  She said at a previous             
 hearing on the legislation DNR expressed concern about the                    
 definition of "isolated tracts of land" so the committee substitute           
 goes back to the "vacant, unappropriated, unreserved land"                    
 definition.  On page 2, line  Senator Wilken was concerned about              
 the phrase "in proximity to" and the phrase has been changed to the           
 word "near."  There was concern by Senator Wilken and others about            
 value of the tract to the state, which is initially taken care of             
 on page 1, line 13, as well as in a new subsection (d) on page 2.             
 The final change on page 2, line 6 was to address a concern of the            
 Department of Transportation & Public Facilities that the                     
 conveyance does not adversely affect present or future interests of           
 the state.                                                                    
 Number 367                                                                    
                                                                               
  SENATOR DONLEY  moved the adoption of CSSB 98(CRA), version "F".             
 Hearing no objection, it was so ordered.                                      
                                                                               
 Number 370                                                                    
                                                                               
  SENATOR PHILLIPS  asked if the Municipality of Anchorage was in              
 support of the changes made in the committee substitute.   MS.                
 KREITZER  replied that municipalities are not happy with the                  
 language in the new subsection (d) which speaks to paying an amount           
 that is fair, proper, and in the best interests of the public.                
                                                                               
 Number 378                                                                    
                                                                               
  JANE ANGVIK , Director, Division of Lands, Department of Natural             
 Resources, testifying from Anchorage, stated her division has                 
 looked over the proposed committee substitute, and they support               
 it, although they do have some concern with the language on page 2,           
 in subsection (d) which reads "the commissioner may require the               
 municipality to pay an amount that is fair..."                                
                                                                               
 Number 390                                                                    
                                                                               
  GARY GUSTAFSON , Director, Heritage Land Bank, Municipality of               
 Anchorage, stated the municipality is supportive of all but one of            
 the changes in the committee substitute.  There is concern with the           
 new subsection (d) on page 2 because it would establish a new                 
 precedence for municipal entitlement transfers that up to this                
 point has never occurred.  He said he thinks the bill is targeting            
 areas in the state where municipalities could be the better land              
 manager, and it would be more cost effective for municipalities to            
 manage lands in the state.                                                    
                                                                               
 Number 418                                                                    
                                                                               
  SENATOR WILKEN  directed attention to subsection (d) on page 2, line         
 12, and commented that he thinks the word "may" should be replaced            
 with "shall."  He then asked Mr. Gustafson why the state shouldn't            
 be reimbursed for the value of that land that is owned by the                 
 people.   MR. GUSTAFSON  responded the bill will amend AS 29.65,              
 which is the Municipal Entitlement Act.  Also, there are a lot of             
 isolated tracts of state land in Alaska, some of which are going to           
 be useful over time for municipalities.  This bill allows                     
 municipalities, if they have a use for that state land, to step               
 forward and make an application for it.  The commissioner can then            
 make a determination of whether it is in the best interests of the            
 public, and if it isn't, then the state shouldn't convey it to the            
 municipality, he said.                                                        
                                                                               
 Number 472                                                                    
                                                                               
  PAUL COSTELLO , Director of Land Management, Fairbanks North Star            
 Borough, read into the record a prepared statement in support of              
 the concept of conveying isolated tracts of state lands to                    
 municipalities, which will allow them to more economically develop            
 borough lands, and in the process make former state land available            
 for the public where it would otherwise not be available.                     
                                                                               
 However, the borough has two areas of concern about the                       
 legislation.  The first is with the limiting of the selection of              
 land to vacant, unappropriated, unreserved land, which effectively            
 eliminates the borough from consideration under this legislation.             
 There is very little state land within the borough's boundaries               
 that is not already classified for one purpose of another.  It is             
 suggested that the legislation include by definition, within the              
 VCC classification, lands which are classified for forestry or                
 other resource development purposes.  This would add to the borough           
 land more developable tracts and would therefore compliment any               
 proposed development.                                                         
                                                                               
 The borough's second concern is with the new subsection (d) and it            
 encourages its deletion because paying fair market value and the              
 survey costs for isolated tracts will, in most cases, make the                
 participation of the borough in any land development uneconomical,            
 and it effectively locks state land from any development in the               
 near future.                                                                  
                                                                               
 Number 495                                                                    
                                                                               
  CHAIRMAN MACKIE  noted that  RICK ELLIOTT  of the Division of Regiona        
 & Municipal Assistance, Department of Community & Regional Affairs,           
 was present in Anchorage to respond to questions on SB 98.                    
                                                                               
 Number 500                                                                    
                                                                               
 There being no further testimony on CSSB 98(CRA),  CHAIRMAN MACKIE            
 asked for the pleasure of the committee.                                      
                                                                               
  SENATOR WILKEN  moved the following amendment to CSSB 98(CRA):               
                                                                               
 Amendment No. 1                                                             
                                                                               
 Page 2, line 12:  Delete the word "may" and insert "shall"                    
                                                                               
  SENATOR DONLEY  objected to adoption of the amendment.  The roll was         
 taken with the following result:  Senators Phillips, Hoffman,                 
 Wilken and Mackie voted "Yea" and Senator Donley voted "Nay."  The            
 Chairman stated the amendment was adopted.                                    
                                                                               
  SENATOR WILKEN  moved CSSB 98(CRA), as amended, be passed out of             
 committee with individual recommendations.  Hearing no objection,             
 it was so ordered.                                                            

Document Name Date/Time Subjects