Legislature(1997 - 1998)
04/14/1997 01:37 PM Senate CRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
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.
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