CSSB 132(RES): "An Act relating to the powers and duties of the Department of Natural Resources, transferring some of the functions of the Department of Environmental Conservation to the Department of Natural Resources, and modifying the Department of Natural Resources' power to control and manage land within the Hatcher Pass Public Use Area and authorizing municipal selection of that land; and providing for an effective date."
00CS FOR SENATE BILL NO. 132(RES) 01 "An Act relating to the powers and duties of the Department of Natural 02 Resources, transferring some of the functions of the Department of Environmental 03 Conservation to the Department of Natural Resources, and modifying the 04 Department of Natural Resources' power to control and manage land within the 05 Hatcher Pass Public Use Area and authorizing municipal selection of that land; 06 and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 03.05.011 is amended to read: 09 Sec. 03.05.011. Powers and duties of commissioner of natural resources 10 [ENVIRONMENTAL CONSERVATION]. (a) To carry out the requirements of 11 this title, the commissioner of natural resources [ENVIRONMENTAL 12 CONSERVATION] may issue orders, regulations, permits, quarantines, and embargoes 13 relating to 14 (1) examination and inspection of premises containing products,
01 articles, and commodities carrying pests; 02 (2) establishment of quarantines for eradication of pests and diseases 03 in livestock; 04 (3) tests and analyses that may be made and hearings that may be held 05 to determine whether the commissioner will issue a stop order or quarantine; 06 (4) cooperation with federal and other state agencies; 07 (5) regulation of fur farming; for purposes of this paragraph, "fur 08 farming" means the raising of and caring for animals for the purpose of marketing 09 their fur, or the animals themselves for breeding stock. 10 (b) The commissioner [OF ENVIRONMENTAL CONSERVATION] shall 11 regulate the farming of elk in a manner similar to the manner in which the 12 commissioner regulates domestic animals and livestock, to the extent that is 13 appropriate. 14 * Sec. 2. AS 03.45.050 is amended to read: 15 Sec. 03.45.050. Inspection, quarantine, or destruction of livestock. 16 Domestic animals and poultry in the state are subject to inspection and test for all 17 diseases [,] and to quarantine, slaughter, or destruction when found to be infected with 18 or suffering from any contagious disease by an inspector of the Animal Disease 19 Eradication Branch, United States Department of Agriculture, or by a qualified 20 inspector authorized by the commissioner [OF ENVIRONMENTAL 21 CONSERVATION] to make inspections and tests of animals. Inspections and tests 22 of animals kept for dairy purposes by dairies that offer their products to the public in 23 the state [,] and inspection and tests of animals kept for private dairy purposes if [, 24 PROVIDED] they are readily accessible [,] shall be made at least once every year, if 25 possible, and all animals not readily accessible for inspection shall be inspected before 26 they are brought into a community where other animals used for dairy purposes are 27 kept. The commissioner may make arrangements with the Animal Disease Eradication 28 Branch, United States Department of Agriculture, for these inspections and tests. In 29 the event that arrangements cannot be made with the Animal Disease Eradication 30 Branch, the commissioner may employ inspectors. Inspections shall be carried on in 31 cooperation with the Animal Disease Eradication Branch and in accordance with its
01 regulations. 02 * Sec. 3. AS 03.45.060(c) is amended to read: 03 (c) If the inspector determines that the animal should be slaughtered or 04 destroyed, the inspector may condemn and have the animal slaughtered or destroyed 05 in the manner the inspector determines. Reimbursement may be allowed for the 06 slaughter or destruction of dairy cattle only. In such case, the inspector and the owner 07 shall appraise the dairy cattle at a fair valuation without regard to the disease. Where 08 they cannot agree as to the value of the animal, the owner and inspector may select 09 a disinterested third party to aid in the appraisement. Where they cannot agree on the 10 selection of a third party, a peace officer in the judicial district where the inspection 11 is made may designate a third disinterested party to act with the inspector and owner 12 to determine the value of the animal. The amount realized from the sale of the carcass 13 of the slaughtered animal shall be paid to the owner of the animal , and the inspector 14 shall certify to the commissioner [OF ENVIRONMENTAL CONSERVATION] the 15 name and address of the owner, the date the animal was condemned, the appraised 16 value of the animal, together with the net sum realized from the salvage of the animal 17 [THEREOF,] or that [WHICH] could have been realized. 18 * Sec. 4. AS 03.45.070 is amended to read: 19 Sec. 03.45.070. Compensation to owners of dairy cattle destroyed; records 20 to be kept. The commissioner [OF ENVIRONMENTAL CONSERVATION] may 21 enter into cooperative agreements with the United States Department of Agriculture for 22 controlling diseases among dairy cattle and may match federal indemnity payments for 23 livestock slaughtered thereunder [,] from any funds available. The commissioner shall 24 keep a record of all payments made, with a copy of the inspector's certification of 25 appraised value and salvage value. 26 * Sec. 5. AS 03.45.080 is amended to read: 27 Sec. 03.45.080. Record and payment of value of destroyed dairy cattle. 28 The Department of Administration shall keep a record of the appraised value of all 29 dairy cattle slaughtered or destroyed and of the salvage value of the dairy cattle 30 [THEREOF], stating the date when the animal was slaughtered or destroyed and the 31 name of the inspector who ordered the animal slaughtered or destroyed. The
01 Department of Administration, with the approval of the department [DEPARTMENT 02 OF ENVIRONMENTAL CONSERVATION], shall pay the owner of the animal 03 slaughtered or destroyed two-thirds of the difference between the appraised value and 04 the salvage value of the animal slaughtered or destroyed. The appraised valuation of 05 each slaughtered animal may not exceed $175 in the first judicial district and not more 06 than $200 in the second and third judicial districts and not more than $250 in the 07 fourth judicial district. Payment may not be made if at the time of inspection, test, or 08 destruction, the animal was upon the premises of any person to which it had been sold, 09 shipped, or delivered for the purpose of being slaughtered. Payment may not be made 10 unless the owner has complied with all lawful quarantine regulations. 11 * Sec. 6. AS 03.53.010(b) is amended to read: 12 (b) The following persons are authorized to enforce the provisions of this 13 section: 14 (1) the commissioner [OF ENVIRONMENTAL CONSERVATION]; 15 (2) a state employee authorized by the commissioner [OF 16 ENVIRONMENTAL CONSERVATION]. 17 * Sec. 7. AS 16.40.050(d) is amended to read: 18 (d) Elk imported, exported, or possessed for the purpose of elk farming are 19 subject to the provisions of AS 03 and regulations adopted under AS 03 by the 20 commissioner of natural resources [OR THE COMMISSIONER OF 21 ENVIRONMENTAL CONSERVATION] for domestic animals and livestock [,] to the 22 extent they are made applicable to elk by the commissioner of natural resources 23 [COMMISSIONERS]. 24 * Sec. 8. AS 17.06.070(1) is amended to read: 25 (1) "department" means the Department of Natural Resources 26 [ENVIRONMENTAL CONSERVATION]; 27 * Sec. 9. AS 17.20.005 is amended to read: 28 Sec. 17.20.005. Powers and duties of commissioner of natural resources . 29 To carry out the requirements of this chapter that are within the jurisdiction of the 30 Department of Natural Resources , the commissioner of natural resources may issue 31 orders, regulations, permits, quarantines, and embargoes relating to
01 (1) food offered to the public or sold, including 02 (A) inspection of meat, fish, poultry, and other food products; 03 (B) standards of sanitation and handling methods for all phases 04 of slaughtering, processing, storing, transporting, displaying, and selling; and 05 (C) labeling; 06 (2) control and eradication of pests; 07 (3) enforcement of hazard analysis critical control point programs for 08 seafood processing that are developed in cooperation with appropriate industry 09 representatives or, to the extent not inconsistent with this chapter or regulations 10 adopted under the authority of this chapter, that are established by regulations of the 11 United States Food and Drug Administration as they may periodically be revised; 12 (4) labeling and grading of milk and milk products and standards of 13 sanitation for dairies offering to the public or selling milk or milk products to at least 14 the minimum of current recommendations of the United States Public Health Service 15 pasteurized milk ordinance as it may periodically be revised; 16 (5) standards and conditions for the operation and siting of aquatic 17 farms and related hatcheries, including 18 (A) restrictions on the use of chemicals; and 19 (B) requirements to protect the public from contaminated 20 aquatic farm products that pose a risk to health; 21 (6) monitoring aquatic farms and aquatic farm products to ensure 22 compliance with this chapter and, to the extent not inconsistent with this chapter or 23 regulations adopted under the authority of this chapter, with the requirements of the 24 national shellfish sanitation program manual of operations published by the United 25 States Food and Drug Administration as it may periodically be revised; 26 (7) tests and analyses that may be made and hearings that may be held 27 to determine whether the commissioner will issue a stop order or quarantine; 28 (8) transportation of, use of, disposal of, recalls of, or warnings 29 concerning quarantined or embargoed items; 30 (9) cooperation with federal and other state agencies. 31 * Sec. 10. AS 17.20.066(c) is amended to read:
01 (c) The commissioner shall authorize the use of an "inspection" seal for 02 display on seafood products processed by a person who, at the time the products are 03 processed, holds a permit to operate issued under AS 17.20.065 and who complies with 04 regulations adopted by the commissioner under this chapter. 05 * Sec. 11. AS 17.20.066(d) is amended to read: 06 (d) The commissioner, after consultation with the Alaska Seafood Marketing 07 Institute, shall develop product specifications and standards for the use of the 08 "premium quality" seal on Alaska seafood products. The commissioner shall authorize 09 a seafood processor to display a "premium quality" seal on products that qualify for 10 the seal if the processor meets the requirements of regulations adopted by the 11 commissioner under this chapter and has been issued a permit to operate under 12 AS 17.20.065. 13 * Sec. 12. AS 17.20.067 is amended to read: 14 Sec. 17.20.067. Seafood processing research. The commissioner may 15 conduct studies, research, experiments, and demonstrations, directly or through grants 16 to or contracts with public or private agencies, organizations, or individuals to 17 (1) improve sanitation practices in the processing of fish and fisheries 18 products; and 19 (2) develop improved techniques for surveillance and inspection 20 activities of the department under this chapter. 21 * Sec. 13. AS 17.20.075 is amended to read: 22 Sec. 17.20.075. Definitions. In AS 17.20.005 - 17.20.075, 23 (1) "commissioner" means the commissioner of natural resources 24 [ENVIRONMENTAL CONSERVATION]; 25 (2) "department" means the Department of Natural Resources 26 [ENVIRONMENTAL CONSERVATION]. 27 * Sec. 14. AS 17.20.180 is amended to read: 28 Sec. 17.20.180. Regulations. The Department of Environmental Conservation , 29 the Department of Natural Resources, and the Department of Health and Social 30 Services may adopt regulations for the efficient enforcement of their respective 31 portions of this chapter. Each department may make the regulations conform, in so
01 far as practicable, with those adopted under the federal act. 02 * Sec. 15. AS 17.20.200 is amended to read: 03 Sec. 17.20.200. Inspections and examinations. (a) The commissioner of 04 natural resources [ENVIRONMENTAL CONSERVATION] or an agent shall have 05 free access at reasonable hours to a factory, warehouse, or establishment in which 06 foods [OR COSMETICS] are manufactured, processed, packed, or held for introduction 07 into commerce, to enter a vehicle being used to transport or hold these foods [OR 08 COSMETICS] in commerce, or to an aquatic farm in order to 09 (1) inspect a factory, warehouse, establishment, vehicle, or aquatic farm 10 to determine if the provisions of the commissioner's respective portions of this chapter 11 are being violated; and 12 (2) secure samples or specimens of a food or [,] aquatic farm product 13 [, OR COSMETIC]. 14 (b) The commissioner of natural resources [ENVIRONMENTAL 15 CONSERVATION] shall make or have made examinations of samples secured under 16 this section to determine whether or not a provision of the commissioner's respective 17 portions of this chapter is being violated. 18 (c) The commissioner of health and social services has the same powers and 19 duties with respect to drugs and devices as the commissioner of natural resources 20 [ENVIRONMENTAL CONSERVATION] has with respect to food [AND 21 COSMETICS] under (a) and (b) of this section. The commissioner of environmental 22 conservation has the same powers and duties with respect to cosmetics as the 23 commissioner of natural resources has with respect to food under (a) and (b) of 24 this section. 25 * Sec. 16. AS 17.20.220 is amended to read: 26 Sec. 17.20.220. Publication of reports and information. (a) The 27 commissioner of environmental conservation , the commissioner of natural resources, 28 and the commissioner of health and social services may have published from time to 29 time reports summarizing judgments, decrees, and court orders which have been 30 rendered under their respective portions of this chapter, including the nature of the 31 charge and the disposition of it.
01 (b) The commissioner of environmental conservation may have disseminated 02 information regarding [FOOD AND] cosmetics that [WHICH] the commissioner 03 considers necessary in the interest of public health and the protection of the consumer 04 against fraud. This section does not prohibit the commissioner from collecting, 05 reporting, and illustrating the results of the commissioner's investigations. 06 (c) The commissioner of health and social services has the same power with 07 respect to drugs and devices as the commissioner of environmental conservation has 08 with respect to [FOOD AND] cosmetics under (b) of this section. The commissioner 09 of natural resources has the same power with respect to food as the commissioner 10 of environmental conservation has with respect to cosmetics under (b) of this 11 section. 12 * Sec. 17. AS 17.20.230 is amended to read: 13 Sec. 17.20.230. Detention or embargo of goods. (a) Whenever the 14 commissioner of environmental conservation finds or has probable cause to believe that 15 a [FOOD OR] cosmetic is adulterated [,] or so misbranded as to be dangerous or 16 fraudulent within the meaning of this chapter, the commissioner shall affix to the 17 cosmetic [IT] a tag or other appropriate marking [,] giving notice that the cosmetic 18 [IT] is or is suspected of being adulterated or misbranded and has been detained or 19 embargoed [,] and warning all persons not to remove or dispose of the cosmetic [IT] 20 by sale or otherwise until permission for removal or disposal is given by the 21 commissioner or the court. A person may not remove or dispose of a detained or 22 embargoed cosmetic [ARTICLE] by sale or otherwise without this permission. 23 (b) The commissioner of health and social services has the same duty with 24 respect to drugs and devices as the commissioner of environmental conservation has 25 with respect to [FOOD AND] cosmetics under (a) of this section. The commissioner 26 of natural resources has the same duty with respect to food as the commissioner 27 of environmental conservation has with respect to cosmetics under (a) of this 28 section. 29 * Sec. 18. AS 17.20.240 is amended to read: 30 Sec. 17.20.240. Petition for libel for condemnation. When an article 31 detained or embargoed under AS 17.20.230 has been found by the commissioner of
01 environmental conservation , the commissioner of natural resources, or the 02 commissioner of health and social services, as the case may be, to be adulterated or 03 misbranded, the appropriate commissioner shall petition the superior court for a libel 04 for condemnation of the article. When that commissioner finds that a detained or 05 embargoed article is not adulterated or misbranded, the commissioner shall remove the 06 tag or other marking. 07 * Sec. 19. AS 17.20.250 is amended to read: 08 Sec. 17.20.250. Destruction of adulterated or misbranded goods. If the 09 superior court finds that a detained or embargoed article is adulterated or misbranded, 10 it shall, after entry of the decree, be destroyed at the expense of the claimant [,] under 11 the supervision of the commissioner of environmental conservation , the commissioner 12 of natural resources, or the commissioner of health and social services, as the case 13 may be. Court costs and fees and storage and other proper expenses shall be taxed 14 against the claimant of the article. 15 * Sec. 20. AS 17.20.260 is amended to read: 16 Sec. 17.20.260. Exemption from destruction. When the adulteration or 17 misbranding can be corrected by proper labeling or processing of the article, and after 18 entry of the decree and after costs, fees, and expenses have been paid and a good and 19 sufficient bond, conditioned that the article will be properly labeled or processed has 20 been executed, the court may order that the article be delivered to the claimant for 21 labeling or processing under the supervision of the commissioner of environmental 22 conservation , the commissioner of natural resources, or the commissioner of health 23 and social services, as the case may be. The claimant shall pay the expense of 24 supervision. The bond shall be returned to the claimant of the article on representation 25 to the court by the appropriate commissioner that the article is no longer in violation 26 of this chapter [,] and that the expenses of supervision have been paid. 27 * Sec. 21. AS 17.20.270 is amended to read: 28 Sec. 17.20.270. Immediate destruction of contaminated food. Meat, 29 seafood, poultry, vegetable, fruit, or other perishable article in any room, building, 30 vehicle of transportation, or other structure that [WHICH] is unsound, or contains 31 filthy, decomposed, or putrid substance, or a substance that may be poisonous or
01 deleterious to health or otherwise unsafe, is a nuisance. Whenever the commissioner 02 of environmental conservation or the commissioner of natural resources finds such 03 an article, the commissioner shall immediately condemn or destroy it or in any other 04 manner render it unsalable as human food. 05 * Sec. 22. AS 17.20.280 is amended to read: 06 Sec. 17.20.280. Injunction proceedings. The commissioner of environmental 07 conservation , the commissioner of natural resources, and the commissioner of health 08 and social services may apply to the superior court for, and the court has jurisdiction 09 to grant, a temporary or permanent injunction restraining a person from violating their 10 respective portions of this chapter. 11 * Sec. 23. AS 17.20.290(b) is amended to read: 12 (b) The commissioner of environmental conservation or a designee of the 13 commissioner is responsible for enforcing (a)(1) - (4) and (6) - (10) [THE 14 PROVISIONS OF PARAGRAPHS (a)(1), (2), (3), (4), (6), (7), (8), (9), AND (10)] of 15 this section [,] if the subject of the prohibited act involves [FOOD OR] cosmetics [, 16 AND THE PROVISIONS OF PARAGRAPH (a)(12) OF THIS SECTION]. This 17 subsection does not limit the authority of peace officers. 18 * Sec. 24. AS 17.20.290 is amended by adding a new subsection to read: 19 (d) The commissioner of natural resources or a designee of the commissioner 20 is responsible for enforcing (a)(1) - (4) and (6) - (10) of this section if the subject of 21 the prohibited act involves food and for enforcing (a)(12) of this section. This 22 subsection does not limit the authority of peace officers. 23 * Sec. 25. AS 17.20.345(c) is amended to read: 24 (c) A person who donates to a food bank salmon from a hatchery that operates 25 under a permit issued under AS 16.10.400 - 16.10.470 is immune from liability as 26 provided in this section if the salmon is apparently fit for human consumption at the 27 time of its donation, even if the hatchery does not have a permit issued by the 28 Department of Natural Resources [ENVIRONMENTAL CONSERVATION] under 29 this chapter or other statute to process fisheries products for human consumption. 30 * Sec. 26. AS 17.20.350 is amended to read: 31 Sec. 17.20.350. Report of minor violations. Nothing in this chapter requires
01 [EITHER] the commissioner of environmental conservation , the commissioner of 02 natural resources, or the commissioner of health and social services, as the case may 03 be, to report minor violations of their respective portions of this chapter for 04 prosecution, or for the institution of libel or injunction proceedings, when that 05 commissioner believes that the public interest will be adequately served by a suitable 06 written notice or warning. 07 * Sec. 27. AS 17.20.360 is amended to read: 08 Sec. 17.20.360. Attorney general to prosecute; hearing before report of 09 criminal violation. The attorney general, to whom the commissioner of environmental 10 conservation , the commissioner of natural resources, or the commissioner of health 11 and social services, as the case may be, reports a violation of this chapter, shall 12 institute appropriate proceedings in the superior court without delay and prosecute 13 them in the manner required by law. Before a violation of this chapter is reported to 14 the attorney general, the person against whom the proceeding is contemplated shall be 15 given appropriate notice and an opportunity to respond to the appropriate 16 commissioner, orally or in writing, in person or by attorney, with regard to the 17 contemplated proceeding. 18 * Sec. 28. AS 41.23.130 is amended to read: 19 Sec. 41.23.130. Hatcher Pass Public Use Area. The vacant and 20 unappropriated state-owned land and water and the state land and water acquired in the 21 future that lie within the boundaries described in this section are designated as the 22 Hatcher Pass Public Use Area, are reserved for all uses compatible with their primary 23 function as public use land, and are assigned to the department for control and 24 management: 25 Township 19 North, Range 1 East, Seward Meridian 26 Section 1: NW1/4NW1/4, NW1/4NE1/4NW1/4, W1/2SW1/4NW1/4, 27 NE1/4SW1/4NW1/4 28 Section 2: NE1/4, SE1/4NW1/4, SE1/4NE1/4NW1/4, 29 SE1/4SW1/4NW1/4, SW1/4 exclusive of S1/2SW1/4SW1/4 , 30 NW1/4SE1/4, SW1/4SE1/4, NW1/4SE1/4SE1/4, 31 W1/2NE1/4SE1/4, NE1/4NE1/4SE1/4
01 [SECTION 10: E1/2E1/2] 02 Section 11: W1/2, NW1/4NE1/4 , exclusive of Tract A 03 Section 14: W1/2 , exclusive of Tract A 04 [SECTION 15: E1/2E1/2] 05 [SECTION 22: E1/2E1/2] 06 Section 23: W1/2 07 Section 26: W1/2SW1/4, SW1/4NW1/4 08 [SECTION 27: E1/2E1/2] 09 Township 20 North, Range 1 East, Seward Meridian 10 Section 25: S1/2S1/2SE1/4 11 Section 35: SE1/4, SE1/4SE1/4NE1/4 12 Section 36: NE1/4, SW1/4, E1/2NW1/4, SW1/4NW1/4, 13 SE1/4NW1/4NW1/4, NW1/4SE1/4, NW1/4NE1/4SE1/4, 14 NW1/4SW1/4SE1/4 15 Township 20 North, Range 2 East, Seward Meridian 16 Section 9: E1/2SE1/4, E1/2SW1/4SE1/4, SE1/4SE1/4NE1/4 17 Section 10: W1/2SW1/4, E1/2NW1/4, SW1/4NW1/4, 18 E1/2NW1/4NW1/4, W1/2NE1/4SW1/4, NW1/4NE1/4, 19 NW1/4SW1/4NE1/4 20 Section 15: W1/2W1/2NW1/4 21 Section 16: SE1/4, E1/2NE1/4, E1/2W1/2NE1/4 22 Section 21: E1/2SW1/4, E1/2SW1/4SW1/4, SW1/4SW1/4SW1/4, 23 SE1/4NW1/4SW1/4, NW1/4SE1/4, W1/2SW1/4SE1/4, 24 NE1/4SW1/4SE1/4, W1/2NE1/4, W1/2NE1/4NE1/4, 25 NW1/4SE1/4NE1/4, SE1/4NW1/4, E1/2NE1/4NW1/4, 26 SW1/4NE1/4NW1/4 27 Section 28: NW1/4, W1/2NW1/4NE1/4, NW1/4SW1/4, 28 NW1/4SW1/4SW1/4, NW1/4NE1/4SW1/4 29 Section 29: E1/2SE1/4, SE1/4NE1/4, SW1/4SE1/4, S1/2 NW1/4SE1/4, NE1/4NW1/4SE1/4, S1/2SW1/4, 30 S1/2NE1/4SW1/4 31 Section 30: S1/2S1/2S1/2, S1/2SE1/4
01 Section 31: NW1/4, N1/2NE1/4, N1/2S1/2NE1/4 02 Section 32: N1/2NW1/4, N1/2SW1/4NW1/4, NW1/4NW1/4NE1/4. 03 * Sec. 29. AS 44.37 is amended by adding a new section to read: 04 Sec. 44.37.032. Fees for certain services. The Department of Natural 05 Resources may adopt regulations that prescribe reasonable fees, and establish 06 procedures for the collection of the fees, to cover the applicable direct costs, not 07 including travel, of inspections, permit preparation and administration, plan review and 08 approval, and other services provided by the department relating to agriculture and 09 animals under AS 03.05. 10 * Sec. 30. AS 44.46.025(a) is amended to read: 11 (a) The Department of Environmental Conservation may adopt regulations that 12 prescribe reasonable fees, and establish procedures for the collection of the fees, to 13 cover the applicable direct costs, not including travel, of inspections, permit 14 preparation and administration, plan review and approval, and other services provided 15 by the department relating to 16 (1) [AGRICULTURE AND ANIMALS UNDER AS 03.05; FOOD,] 17 drugs [,] and cosmetics under AS 17.20 , [;] and public accommodations and facilities 18 under AS 18.35; 19 (2) certificates of inspection for motor vehicles under AS 46.14.400 or 20 46.14.510; 21 (3) sewerage system and treatment works and wastewater disposal 22 systems, and drinking water systems, under AS 46.03.720; 23 (4) [REPEALED 24 (5) REPEALED 25 (6)] water and wastewater operator training under AS 46.30; 26 (5) [(7)] control of solid waste facilities under AS 46.03.020(10) and 27 46.03.100; 28 (6) [(8)] certification of laboratories conducting environmental analyses 29 of public drinking water systems or of oil or hazardous substances [,] or conducting 30 other analyses required by the department; 31 (7) [(9)] certification of federal permits or authorizations under 33
01 U.S.C. 1341 (sec. 401, Clean Water Act). 02 * Sec. 31. AS 44.46.025(d) is amended to read: 03 (d) Notwithstanding (a) of this section, the department may not charge a fee 04 for inspection, permit preparation and administration, plan review and approval, or 05 other services provided by the department under [AS 03.05 OR] AS 44.46.020(5) to 06 a school. In this subsection, "school" means a public school or private school for 07 children of school age, as defined in AS 14.03.070, or a head start center that receives 08 federal financial assistance under 42 U.S.C. 9835. 09 * Sec. 32. AS 03.05.020(b), 03.05.040(b), 03.05.050(b), 03.05.060(b), 03.05.080(b); 10 AS 03.25.250; and AS 03.58.070(1) are repealed. 11 * Sec. 33. AVAILABILITY OF HATCHER PASS PUBLIC USE AREA LAND FOR 12 GENERAL GRANT LAND ENTITLEMENT OF THE MATANUSKA-SUSITNA 13 BOROUGH. Notwithstanding the reservation of land, designation of the reserved land as the 14 Hatcher Pass Public Use Area, and assignment of control and management of the land to the 15 Department of Natural Resources made by AS 41.23.130, and notwithstanding selection 16 procedures applicable to municipal general grant land entitlements under AS 29.65.010 - 17 29.65.140, the following land within Township 19 North, Range 1 East, Seward Meridian, that 18 is part of the Hatcher Pass Public Use Area is available for selection and conveyance to the 19 Matanuska-Susitna Borough to fulfill the borough's general grant land entitlement under 20 AS 29.65.010 - 29.65.140: 21 Section 2: S1/2SW1/4SW1/4 22 Section 10: E1/2E1/2 23 Section 11: Tract A 24 Section 14: Tract A 25 Section 15: E1/2E1/2 26 Section 22: E1/2E1/2 27 Section 27: E1/2E1/2 28 * Sec. 34. TRANSITION. (a) All litigation, hearings, investigations, and other 29 proceedings pending under a law amended or repealed by this Act, or in connection with 30 functions transferred by this Act, continue in effect and may be continued and completed 31 notwithstanding an amendment or a repeal provided for in this Act.
01 (b) Certificates and orders issued under authority of a law amended or repealed by this 02 Act remain in effect for the term issued, or until revoked, vacated, or otherwise modified 03 under the provisions of this Act. 04 (c) Regulations in effect on June 30, 1999, that were adopted to implement a function 05 that is transferred by this Act remain in effect and shall be enforced by the agency to which 06 the function is transferred under this Act until amended by the agency to which the function 07 is transferred. 08 (d) Wherever in Alaska Statutes affected by this Act there is a reference to regulations 09 adopted under a section of law and there are no regulations adopted under that section because 10 previous regulations adopted under another section are being enforced under (c) of this 11 section, the reference shall be construed to refer to the previously adopted regulations until 12 they are amended by the new agency. 13 (e) All contracts, rights, liabilities, and obligations created by or under a law amended 14 or repealed by this Act, and in effect on July 1, 1999, remain in effect notwithstanding this 15 Act's taking effect. 16 (f) Records, equipment, appropriations, and other property of agencies of the state 17 whose functions are transferred under this Act shall be transferred commensurate with the 18 provisions of this Act. 19 * Sec. 35. Sections 1 - 27 and 29 - 33 of this Act take effect July 1, 1999. 20 * Sec. 36. Section 28 of this Act takes effect on the date of conveyance by the Department 21 of Natural Resources to the Matanuska-Susitna Borough of all land described in sec. 33 of this 22 Act. The commissioner of natural resources shall promptly notify the revisor of statutes of 23 the conveyance made by the Department of Natural Resources to the Matanuska-Susitna 24 Borough of land described in sec. 33 of this Act.