Legislature(2015 - 2016)BELTZ 105 (TSBldg)

04/07/2016 01:30 PM LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 193 EXTEND EXEMPTION FOR SMALL POWER PLANTS TELECONFERENCED
Moved CSSB 193(L&C) Out of Committee
+= HB 268 AIDEA:DIVIDEND TO STATE;INCOME;VALUATION TELECONFERENCED
Moved HB 268 Out of Committee
+ HB 305 RECREATIONAL/AVOCATIONAL TRAINING EXEMPT. TELECONFERENCED
Heard & Held
+= SB 118 DNR LAND DISPOSAL SURVEYS; PEER REVIEW TELECONFERENCED
Heard & Held
+ HB 314 AK REG ECON ASSIST. PROGRAM; EXTEND TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
-- Public Testimony --
         SB 118-DNR LAND DISPOSAL SURVEYS; PEER REVIEW                                                                      
                                                                                                                                
2:38:40 PM                                                                                                                    
CHAIR COSTELLO announced  the consideration of SB  118. She noted                                                               
that this is the first hearing.                                                                                                 
                                                                                                                                
WESTON  EILER,   Staff,  Senate   Labor  and   Commerce  Standing                                                               
Committee,  introduced  the  bill   on  behalf  of  the  sponsor,                                                               
speaking to the following sponsor statement:                                                                                    
                                                                                                                                
     Senate Bill  118 creates a  peer review  alternative to                                                                    
     the Department  of Natural  Resources' (DNR)  review of                                                                    
     survey work submitted to the  State of Alaska. The bill                                                                    
     amends   state   law   to  allow   the   administration                                                                    
     facilitate  a  peer  review   process  of  survey  work                                                                    
     through   a  subcommittee   of  the   State  Board   of                                                                    
     Registration   of  Architects,   Engineers,  and   Land                                                                    
     Surveyors.                                                                                                                 
                                                                                                                                
     During the past several years,  the State of Alaska has                                                                    
     worked to address a  substantial back-log in processing                                                                    
     permit  applications. While  funds appropriated  in the                                                                    
     budget  have  helped  alleviate some  systemic  issues,                                                                    
     more  work is  needed and  limited funds  are available                                                                    
     for  additional reforms.  Land  surveyors are  licensed                                                                    
     professional, are  held to high standards  by the State                                                                    
     of  Alaska,  and  can  play a  role  in  enhancing  the                                                                    
     state's permitting process.                                                                                                
                                                                                                                                
     Senate Bill 118  proposes utilizing technical expertise                                                                    
     in the private  sector as part of  permit review. Under                                                                    
     the bill,  permit applicants submitting survey  work to                                                                    
     the state  would have the  option of going  through the                                                                    
     traditional   departmental   review,  or   have   their                                                                    
     submissions analyzed  by a  subcommittee of  three land                                                                    
     surveyors. The  subcommittee would be organized  by the                                                                    
     board, funded  with program receipts, and  be comprised                                                                    
     of professional  surveyors who do not  have a financial                                                                    
     interest  in the  project. DNR  retains final  decision                                                                    
     making authority  on permitting  but is  held to  a two                                                                    
     week timeline after receiving peer reviewed work.                                                                          
                                                                                                                                
     Senate Bill  118 provides an expedient  alternative for                                                                    
     permit applicants  that could help  advance development                                                                    
     projects,   while  also   easing   workloads  for   the                                                                    
     department.                                                                                                                
                                                                                                                                
MR.  EILER  said  the  sponsor's office  has  been  working  with                                                               
stakeholders to refine the mechanics  of peer review. A committee                                                               
substitute is  anticipated that retains  the use of  peer review,                                                               
but  keeps  it  within  DNR's purview.  The  department  and  the                                                               
administration have drafted language  that will change the fiscal                                                               
note.                                                                                                                           
                                                                                                                                
2:43:24 PM                                                                                                                    
CHAIR  COSTELLO asked  him to  walk through  this version  of the                                                               
bill.                                                                                                                           
                                                                                                                                
MR.  EILER said  Section 1  enhances the  authority of  the State                                                               
Board  of  Registration  for   Architects,  Engineers,  and  Land                                                               
Surveyors allowing the board to set and collect fees.                                                                           
                                                                                                                                
Section  2  clarifies  that  the peer  review  process  would  be                                                               
proprietary and would not fall under public records requests.                                                                   
                                                                                                                                
Section  3 discusses  criteria for  professional land  surveyors,                                                               
not employed by DNR, who sit on a peer review subcommittee.                                                                     
                                                                                                                                
Section 4 outlines  the timeline envisioned for  the peer review.                                                               
It also gives a notice  period and provides standards or criteria                                                               
for the  peer review. It  states that the department  retains the                                                               
authority to render a final decision on a survey.                                                                               
                                                                                                                                
Section  5 is  primarily existing  text, but  also adds  the peer                                                               
review process to the powers of the commissioner.                                                                               
                                                                                                                                
Section  6 is  transition language  to enact  and establish  this                                                               
process.                                                                                                                        
                                                                                                                                
Section 7 provides the immediate effective date for Section 6.                                                                  
                                                                                                                                
Section 8 provides an effective date  of January 1, 2017, for all                                                               
but Section 6.                                                                                                                  
                                                                                                                                
2:48:35 PM                                                                                                                    
SENATOR STEVENS said  it makes sense to solve  the backlog first.                                                               
He asked if there is an appeal process.                                                                                         
                                                                                                                                
MR. EILER said that would  probably be addressed through existing                                                               
regulation by  the department. Peer review  surveys are primarily                                                               
to check for accuracy, but not to approve the final permit.                                                                     
                                                                                                                                
SENATOR  STEVENS  summarized  that   after  a  peer  review,  the                                                               
department would provide a review and final determination.                                                                      
                                                                                                                                
MR. EILER agreed the final  decision resides with the department.                                                               
The peer review is designed to facilitate the process.                                                                          
                                                                                                                                
SENATOR STEVENS asked if the peer review can deny a project.                                                                    
                                                                                                                                
MR.  EILER  said  the  department  would  set  that  criteria  in                                                               
regulation.   Technical  lapses   could  be   addressed  by   the                                                               
subcommittee.                                                                                                                   
                                                                                                                                
SENATOR  STEVENS asked  for  assurance that  there  is an  appeal                                                               
process and the first review by peers wouldn't kill a project.                                                                  
                                                                                                                                
CHAIR  COSTELLO  advised  that the  department  will  attend  the                                                               
second hearing of SB 118 and could address those issues.                                                                        
                                                                                                                                
2:52:06 PM                                                                                                                    
SENATOR MEYER asked if other states follow this process.                                                                        
                                                                                                                                
MR. EILER said he would find  out. He noted that the Municipality                                                               
of Anchorage uses peer review.                                                                                                  
                                                                                                                                
SENATOR MEYER asked how subcommittee members would be selected.                                                                 
                                                                                                                                
MR.   EILER  said   the  licensing   entity   would  select   the                                                               
subcommittees. He  said he  is working to  refine that  aspect of                                                               
the bill and it will  be addressed differently in the forthcoming                                                               
CS.                                                                                                                             
                                                                                                                                
CHAIR COSTELLO opened public testimony.                                                                                         
                                                                                                                                
2:53:54 PM                                                                                                                    
JOHN KERR, representing himself, raised  concerns with SB 118. He                                                               
said he  is a  licensed surveyor and  appreciates any  efforts to                                                               
expedite  any  process.  However,  the bill  seems  to  have  the                                                               
potential to provide  substandard reviews. It creates  a path for                                                               
the survey to bypass the  expertise in DNR. The two-week timeline                                                               
doesn't  take  larger  projects  into  consideration.  He  listed                                                               
examples,  such as  the Susitna  Hydroelectric Project,  the Knik                                                               
Arm Bridge, the Alaska Stand  Alone Pipeline, and almost any road                                                               
project.                                                                                                                        
                                                                                                                                
He concluded that  SB 118 is cumbersome  legislation that doesn't                                                               
provide protection to the public.                                                                                               
                                                                                                                                
2:57:05 PM                                                                                                                    
CHAIR COSTELLO  said she  will consider his  testimony and  he is                                                               
welcome to provide written comments to her office.                                                                              
                                                                                                                                
2:57:29 PM                                                                                                                    
CHAIR COSTELLO held SB 118 in committee for further review.                                                                     
                                                                                                                                

Document Name Date/Time Subjects
CSSB 193 (L&C) Ver. H.pdf SL&C 4/7/2016 1:30:00 PM
SB 193
SB 118.PDF SL&C 4/7/2016 1:30:00 PM
SB 118
SB 118 - Sponsor Statement.pdf SL&C 4/7/2016 1:30:00 PM
SB 118
SB 118 - Fiscal Note - DNR.pdf SL&C 4/7/2016 1:30:00 PM
SB 118
SB 118 - Fiscal Note - DCCED.pdf SL&C 4/7/2016 1:30:00 PM
SB 118
HB 305.pdf SL&C 4/7/2016 1:30:00 PM
HB 305
HB 305 - Sponsor Statement.pdf SL&C 4/7/2016 1:30:00 PM
HB 305
HB 305 - Sectional Analysis.pdf SL&C 4/7/2016 1:30:00 PM
HB 305
HB 305 - Fiscal Note.pdf SL&C 4/7/2016 1:30:00 PM
HB 305
HB 305 - Leg. Legal Opinion.pdf SL&C 4/7/2016 1:30:00 PM
HB 305
HB 305 - Support Letter.pdf SL&C 4/7/2016 1:30:00 PM
HB 305
HB 305 - Supporting Documents - FAQs.pdf SL&C 4/7/2016 1:30:00 PM
HB 305
HB 305 - Supporting Documents - Licensing Title 8.pdf SL&C 4/7/2016 1:30:00 PM
HB 305
HB 305 - Supporting Documents - Yoga Alliance White Paper.pdf SL&C 4/7/2016 1:30:00 PM
HB 305
HB 305 - Supporting Documents - National Trends on State Regulation YTTS.pdf SL&C 4/7/2016 1:30:00 PM
HB 305
HB 305 - Supporting Documents - Yoga Alliance Industry Report.pdf SL&C 4/7/2016 1:30:00 PM
HB 305
HB 314.pdf SL&C 4/7/2016 1:30:00 PM
HB 314
HB 314 - Sponsor Statement.pdf SL&C 4/7/2016 1:30:00 PM
HB 314
HB 314 - Sectional Analysis.pdf SL&C 4/7/2016 1:30:00 PM
HB 314
HB 314 - Fiscal Note DCCED.pdf SL&C 4/7/2016 1:30:00 PM
HB 314
HB 314 - Supporting Documents-Letter SE Delegation 10-29-15.pdf SL&C 4/7/2016 1:30:00 PM
HB 314
HB 314 - Supporting Documents-Letter-Rick Roeske-KPEDD 03-14-16.pdf SL&C 4/7/2016 1:30:00 PM
HB 314
HB 314 - Supporting Documents-Letters of Support Compiled.pdf SL&C 4/7/2016 1:30:00 PM
HB 314
HB 314 - Supporting Documents-Report FY15 ARDOR Annual Report.pdf SL&C 4/7/2016 1:30:00 PM
HB 314