Legislature(1999 - 2000)

03/01/2000 03:15 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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         SB 255-PUB.LAND PERMITS/HEALY-FAIRBANKS INTERTIE                                                                   
                                                                                                                              
CHAIRMAN HALFORD called the Senate Resources Committee meeting to                                                               
order at 3:15 and announced SB 255 to be up for consideration.                                                                  
                                                                                                                              
SENATOR PETE  KELLY, sponsor, offered  a proposed CS to address  the                                                            
concerns expressed by committee  members at a previous meeting about                                                            
the public  notice Section  4(c). The proposed  CS provides  that if                                                            
the director  determines, by evaluation  of the nature and  duration                                                            
of the intended  use, that an easement or right-of-way  issued under                                                            
this section will not be  functionally revocable, the director shall                                                            
provide public  notice before issuing the easement  or right-of-way.                                                            
                                                                                                                                
CHAIRMAN HALFORD  asked if "functionally revocable"  is the term the                                                            
court used.                                                                                                                     
                                                                                                                                
SENATOR KELLY said that is correct.                                                                                             
                                                                                                                                
SENATOR   MACKIE   asked  if   that   Section  complies   with   the                                                            
Constitution.                                                                                                                   
                                                                                                                                
SENATOR KELLY responded yes.                                                                                                    
                                                                                                                              
CHAIRMAN HALFORD asked if that is the only change in the CS.                                                                    
                                                                                                                                
SENATOR KELLY indicated yes.                                                                                                    
                                                                                                                                
SENATOR LYDA  GREEN moved to adopt  the CS to SB 255, version  H (1-                                                            
LS1245).  There were no objections and it was so ordered.                                                                       
                                                                                                                                
Number 156                                                                                                                      
                                                                                                                                
COMMISSIONER  JOHN SHIVELY, Department  of Natural Resources  (DNR),                                                            
stated support  for SB 255  and said the  committee substitute  is a                                                            
great improvement  because  of the public  notice provisions,  which                                                            
DNR would do  anyway.  It solves a  problem because DNR interpreted                                                             
the  law  one way  while  the  Supreme  Court interpreted   it in  a                                                            
different  way.   The  Supreme  Court's  interpretation  would  have                                                            
substantially  increased DNR's workload  by requiring best  interest                                                            
findings  for  an undetermined  number  of  decisions  DNR makes  on                                                            
temporary disposals, such  as leases and right-of-way permits.   The                                                            
law  has been  interpreted  in the  past  the way  this legislation                                                             
refines it and appropriate public notice is provided for.                                                                       
                                                                                                                                
CHAIRMAN HALFORD asked if it specifically regards the Intertie.                                                                 
                                                                                                                                
COMMISSIONER  SHIVELY  answered that,  regarding  the Intertie,  DNR                                                            
actually  used the  federal EIS  process because  federal  decisions                                                            
were made  along with the  State's decisions.   DNR went through  an                                                            
environmental  assessment, an environmental  impact study,  and held                                                            
public  hearings with  the federal  government.   He  held a  public                                                            
hearing  in  Fairbanks,  which  was  totally  discretionary,  so  he                                                            
believes  there was a fair  amount of public  notice.  However,  the                                                            
Supreme Court said DNR didn't issue a best interest finding.                                                                    
                                                                                                                                
SENATOR  KELLY  said he  wanted  it on  the  record that  this  bill                                                            
doesn't  change the  way DNR  has  done business  in the  past.   If                                                            
anything, it enhances public notice.                                                                                            
                                                                                                                                
COMMISSIONER SHIVELY added  that the bill clarifies what DNR can do.                                                            
It  gives DNR  the discretion  to  use a  best interest  finding  in                                                            
certain instances.                                                                                                              
                                                                                                                                
CHAIRMAN  HALFORD commented  that a best interest  finding is  not a                                                            
constitutional requirement but a public notice is.                                                                              
                                                                                                                                
COMMISSIONER SHIVELY said that is correct.                                                                                      
                                                                                                                                
SENATOR  MACKIE moved  to  pass CSSB  255(RES) from  committee  with                                                            
individual recommendations.   There were no objections and it was so                                                            
ordered.                                                                                                                        

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