HB 140: "An Act establishing the Department of Agriculture; relating to the establishment of the Department of Agriculture; transferring functions of the Department of Natural Resources related to agriculture to the Department of Agriculture; and providing for an effective date."
00 HOUSE BILL NO. 140 01 "An Act establishing the Department of Agriculture; relating to the establishment of the 02 Department of Agriculture; transferring functions of the Department of Natural 03 Resources related to agriculture to the Department of Agriculture; and providing for an 04 effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 03.05.010 is amended to read: 07 Sec. 03.05.010. Powers and duties of commissioner of agriculture 08 [NATURAL RESOURCES]. (a) The commissioner of agriculture [NATURAL 09 RESOURCES] shall 10 (1) direct, administer, and supervise promotional and experimental 11 work, extension services, and agricultural projects for the purpose of promoting and 12 developing commercial and noncommercial agricultural industry in the state, 13 including horticulture, dairying, cattle raising, fur farming, grain production, vegetable 14 production, and agricultural products;
01 (2) procure and preserve all information pertaining to developing the 02 agricultural industry in the state and disseminate that information to the public; 03 (3) assist prospective settlers and others to engage in the agricultural 04 industry in the state by providing information about activities and programs essential 05 to developing the agricultural industry and areas in the state that are suitable for 06 agriculture; 07 (4) review the marketing, financing, transportation, and development 08 of agricultural products in the state, with special emphasis on local production, and 09 negotiate for the marketing of agricultural products of the state with federal and state 10 agencies operating in the state; 11 (5) regulate and control the entry in the state and the transportation, 12 sale, or use in the state of plants, seeds, vegetables, shell eggs, fruits and berries, 13 nursery stock, animal feeds, remedies and mineral supplements, fertilizers, and 14 agricultural chemicals to prevent the spread of pests, diseases, or toxic substances 15 injurious to the public interest and protect the agricultural industry against fraud, 16 deception, and misrepresentation; for purposes of this paragraph, the commissioner 17 may require registration, inspection, and testing and may establish procedures and 18 fees; 19 (6) regulate the farming of elk in a manner similar to the manner in 20 which the commissioner regulates domestic animals and livestock, to the extent that is 21 appropriate; 22 (7) adopt regulations relating to industrial hemp, including regulations 23 that 24 (A) specify approved sources or varieties of hemp seed to be 25 grown, sold, or offered for sale by an individual registered to produce 26 industrial hemp; 27 (B) require testing, paid for by the registrant, for delta-9- 28 tetrahydrocannabinol concentration following harvest of the industrial hemp; 29 (C) provide for general production practices to avoid the 30 unintended distribution of industrial hemp seeds by registrants into 31 nonagricultural land;
01 (D) establish isolation distances for the production of industrial 02 hemp; in this subparagraph, "isolation distance" means the minimum 03 separation required between two or more varieties of the plant (genus) 04 Cannabis for the purpose of keeping the seed pure; 05 (E) permit manufacturing and retail sale of industrial hemp and 06 products made from industrial hemp; 07 (F) establish a registration and renewal procedure for a 08 participant in the industrial hemp program developed under AS 03.05.076; 09 (8) submit a list of individuals registered to produce industrial hemp 10 under AS 03.05.076 and the expiration dates of the registrations to the Marijuana 11 Control Board and the Department of Public Safety; 12 (9) regulate the labeling of seed that does not comply with the 13 requirements of AS 03.20.130. 14 (b) To carry out the requirements of this title, the commissioner of 15 agriculture [NATURAL RESOURCES] may issue orders, regulations, quarantines, 16 and embargoes relating to 17 (1) examination and inspection of premises containing products, 18 articles, and commodities carrying pests; 19 (2) establishment of quarantines for eradication of pests; 20 (3) establishment of standards and labeling requirements pertaining to 21 the sale of agricultural and vegetable seeds; 22 (4) tests and analyses that may be made and hearings that may be held 23 to determine whether the commissioner will issue a stop order or quarantine; 24 (5) cooperation with federal and other state agencies; and 25 (6) industrial hemp. 26 (c) The commissioner of agriculture [NATURAL RESOURCES] shall notify 27 the Marijuana Control Board and the Department of Public Safety when the 28 commissioner issues a stop order. The commissioner of agriculture [NATURAL 29 RESOURCES] 30 (1) shall issue a stop order to a person 31 (A) not registered under AS 03.05.076 who is found to be
01 producing a plant with delta-9-tetrahydrocannabinol; or 02 (B) registered under AS 03.05.076 who is found to be 03 producing a plant with delta-9-tetrahydrocannabinol over one percent; and 04 (2) may issue a stop order to a person registered under AS 03.05.076 05 who is found to be producing a plant with delta-9-tetrahydrocannabinol between 0.3 06 percent and one percent. 07 (d) The commissioner of agriculture [NATURAL RESOURCES] may sell 08 promotional merchandise related to the "Alaska Grown" trademark and may charge or 09 collect a fee for the sale of promotional merchandise related to the "Alaska Grown" 10 trademark. The commissioner may issue a license and charge a license fee for the sale 11 of promotional merchandise related to the "Alaska Grown" trademark. The 12 commissioner shall price merchandise sold by the commissioner under this subsection 13 in a manner that ensures a reasonable monetary return to the state. To the extent 14 practicable, the commissioner shall sell only merchandise produced or manufactured 15 in the United States that, subject to AS 36.30, is procured from either an Alaska bidder 16 or a person that employs prisoners under AS 33.30.191(b). 17 * Sec. 2. AS 03.05.027(a) is amended to read: 18 (a) The commissioner of agriculture [NATURAL RESOURCES] shall 19 employ or appoint a state coordinator for noxious weed, invasive plant, and 20 agricultural pest management and education. 21 * Sec. 3. AS 03.05.040(b) is amended to read: 22 (b) In this section, "commissioner" means commissioner of agriculture 23 [NATURAL RESOURCES] with respect to those products over which the 24 commissioner of agriculture [NATURAL RESOURCES] has jurisdiction under this 25 title, and the commissioner of environmental conservation with respect to those 26 products over which the commissioner of environmental conservation has jurisdiction 27 under this title. 28 * Sec. 4. AS 03.05.050(b) is amended to read: 29 (b) In this section, "commissioner" means commissioner of agriculture 30 [NATURAL RESOURCES] with respect to those products over which the 31 commissioner of agriculture [NATURAL RESOURCES] has jurisdiction under this
01 title, and the commissioner of environmental conservation with respect to those 02 products over which the commissioner of environmental conservation has jurisdiction 03 under this title. 04 * Sec. 5. AS 03.05.075(a) is amended to read: 05 (a) Elk may be raised and bred as domestic stock for commercial purposes, 06 including the sale of meat, by a person who lawfully owns the elk and who holds a 07 current valid elk farming license. The commissioner of agriculture [NATURAL 08 RESOURCES] may issue an elk farming license for the farming of elk to a person 09 who applies on a form provided by the commissioner, pays the biennial elk farming 10 license fee, and proves to the satisfaction of the commissioner that the person lawfully 11 owns the elk, intends to raise and breed elk, and possesses facilities for maintaining 12 the elk under positive control. Before issuing or renewing an elk farming license, the 13 commissioner shall conduct a physical inspection of the elk farming facilities and 14 determine that the facilities are in good repair and comply with the fencing standards 15 established under (d) of this section. In this subsection, "lawfully owns" means 16 ownership that was obtained without violating a state or federal law or regulation or a 17 condition of a license or permit issued with respect to elk. 18 * Sec. 6. AS 03.05.075(b) is amended to read: 19 (b) The commissioner of agriculture [NATURAL RESOURCES] shall 20 provide to the Department of Fish and Game a copy of each application for an elk 21 farming license received by the commissioner and each elk farming license issued by 22 the commissioner. 23 * Sec. 7. AS 03.05.075(d) is amended to read: 24 (d) The commissioner of agriculture [NATURAL RESOURCES] shall 25 establish fencing standards for elk farming facilities to maintain elk under positive 26 control. Proposed fencing standards shall be submitted to the commissioner of fish and 27 game for review before the standards are adopted or amended. 28 * Sec. 8. AS 03.05.075(e) is amended to read: 29 (e) Notwithstanding other provisions of law, a license or permit is not required 30 from the Department of Fish and Game in order to import, export, or possess elk for 31 the purpose of elk farming. Elk imported, exported, or possessed for the purpose of elk
01 farming are subject to the provisions of this title and regulations adopted under this 02 title by the commissioner of agriculture [NATURAL RESOURCES] or the 03 commissioner of environmental conservation for domestic animals and livestock, to 04 the extent they are made applicable to elk by the commissioners. 05 * Sec. 9. AS 03.05.090(a) is amended to read: 06 (a) A person who violates a provision of this chapter or a regulation, order, or 07 quarantine made under authority of this chapter, or violates a provision of a permit 08 issued under this chapter, or sells seeds failing to meet the labeling requirements, 09 standards, and tests provided for by regulation of the commissioner of agriculture 10 [NATURAL RESOURCES] or the commissioner of environmental conservation is 11 guilty of a class A misdemeanor for each offense. 12 * Sec. 10. AS 03.09.020(a) is amended to read: 13 (a) The commissioner of [DIRECTOR OF THE DIVISION OF THE 14 DEPARTMENT WITH RESPONSIBILITY FOR] agriculture or the commissioner's 15 designee shall serve as the director of the Board of Agriculture and Conservation. The 16 director may employ staff and, as directed by the board, is responsible for the daily 17 operations of the agricultural revolving loan fund (AS 03.10.040). 18 * Sec. 11. AS 03.20.140 is amended to read: 19 Sec. 03.20.140. Online publication of noncommercial giving or exchanging 20 of seed. A person involved in noncommercial giving or exchanging of seed under 21 AS 03.20.110 and 03.20.120 may register online with the department under 22 AS 44.38.020(b) [AS 44.37.030(b)] and submit to the department information, 23 including the person's name, telephone number, and electronic mail address, and the 24 location where the person gives or exchanges seed, for publication on the department's 25 Internet website. 26 * Sec. 12. AS 03.20.200(a) is amended to read: 27 (a) The [DIVISION OF THE] department [WITH RESPONSIBILITY FOR 28 AGRICULTURE] shall establish a forgivable loan program in regulation, under which 29 a recipient's loan may be forgiven by the department if the recipient implements a 30 business plan approved by the department to develop or make improvements to the 31 recipient's farm as described in (d) of this section. A loan may be used by a recipient
01 to fund investments in agriculture to build resiliency in the state's food supply. The 02 forgivable loan program must allow a loan to be forgiven if the recipient implements 03 the approved business plan and demonstrates a subsequent increase in food production 04 and distribution. 05 * Sec. 13. AS 03.22.010 is amended to read: 06 Sec. 03.22.010. Establishment of plant materials center. The Department of 07 Agriculture [NATURAL RESOURCES], in cooperation with the college or 08 department of the University of Alaska responsible for the Agricultural and Forestry 09 Experiment Station, shall establish and maintain a plant materials center. 10 * Sec. 14. AS 03.22.040 is amended to read: 11 Sec. 03.22.040. Personnel. The department shall ensure that competent 12 professional, secretarial, and subprofessional personnel necessary to carry on the work 13 of the center are employed. The administrator of the plant materials center is a joint 14 appointment between the Department of Agriculture [NATURAL RESOURCES] and 15 the college or department of the University of Alaska responsible for the Agricultural 16 and Forestry Experiment Station. 17 * Sec. 15. AS 03.47.020 is amended to read: 18 Sec. 03.47.020. Importation of bees. All bees imported into the state shall be 19 accompanied by a health certificate that states that the bees come from an apiary 20 apparently free of bee diseases and that is signed by an apiary inspector determined to 21 be qualified by the department [DIVISION]. 22 * Sec. 16. AS 03.47.030(a) is amended to read: 23 (a) The department [DIVISION] shall investigate reported cases of diseased 24 bees and cases of diseased bees discovered by the department [DIVISION]. 25 * Sec. 17. AS 03.47.030(b) is amended to read: 26 (b) The department [DIVISION] shall take action necessary to prevent the 27 spread of bee diseases. Bees or used beekeeping equipment found to contain the 28 causative organisms of American foulbrood (Bacillus larvae) or European foulbrood 29 (Streptococcus pluton) shall be immediately quarantined and treated within five days 30 by 31 (1) chamber fumigation using ethylene oxide or other gases approved
01 by the department [DIVISION]; 02 (2) sterilization by boiling in lyewater for at least 15 minutes; or 03 (3) destruction of bees, bee combs, and frames by burning followed by 04 burying 18 inches deep. 05 * Sec. 18. AS 03.47.030(d) is amended to read: 06 (d) A quarantine imposed under this section may not be removed until infected 07 bees and used beekeeping equipment are destroyed or the department [DIVISION] 08 determines through testing that the used beekeeping equipment is free of the disease. 09 * Sec. 19. AS 03.47.030(e) is amended to read: 10 (e) The department [DIVISION] shall adopt regulations necessary to carry 11 out the purposes of this chapter. 12 * Sec. 20. AS 03.90.010 is amended to read: 13 Sec. 03.90.010. Definitions. In this title, unless otherwise indicated, 14 (1) "commissioner" means the commissioner of agriculture 15 [NATURAL RESOURCES]; 16 (2) "department" means the Department of Agriculture [NATURAL 17 RESOURCES]. 18 * Sec. 21. AS 09.45.235(a) is amended to read: 19 (a) An agricultural facility or an agricultural operation at an agricultural 20 facility is not and does not become a private nuisance as a result of a changed 21 condition that exists in the area of the agricultural facility if the agricultural facility 22 was not a nuisance at the time the agricultural facility began agricultural operations. 23 For purposes of this subsection, the time an agricultural facility began agricultural 24 operations refers to the date on which any type of agricultural operation began on that 25 site regardless of any subsequent expansion of the agricultural facility or adoption of 26 new technology. An agricultural facility or an agricultural operation at an agricultural 27 facility is not a private nuisance if the governing body of the local soil and water 28 conservation district advises the commissioner of agriculture in writing that the 29 facility or operation is consistent with a soil conservation plan developed and 30 implemented in cooperation with the district. 31 * Sec. 22. AS 14.40.450 is amended to read:
01 Sec. 14.40.450. Governor authorized to make certificates to obtain federal 02 grants of money. The governor is authorized to make all certificates required by law 03 or the regulations of the United States Department of Agriculture or of the United 04 States Department of the Interior necessary to be made to entitle the state to grants of 05 money for the benefits of state colleges of agriculture and mechanic arts authorized 06 under any Act of Congress. 07 * Sec. 23. AS 16.20.310(c) is amended to read: 08 (c) The commissioner shall develop and amend the game management plan to 09 coordinate, as closely as possible, the game management plan with the activities of the 10 Department of Agriculture [NATURAL RESOURCES] relating to the Big Delta 11 agricultural development project. 12 * Sec. 24. AS 27.19.030(b) is amended to read: 13 (b) In reviewing a reclamation plan for state, federal, or municipal land under 14 (a) of this section, the commissioner may consider, after consultation with the 15 commissioners of environmental conservation, agriculture, and fish and game and 16 with the concurrence of the miner and landowner, uses to which the land may be put 17 after mining has been completed, including trails, lakes, recreation sites, fish and 18 wildlife enhancement, commercial, and agriculture uses. 19 * Sec. 25. AS 37.05.146(c)(78) is amended to read: 20 (78) fees collected by the Department of Agriculture [NATURAL 21 RESOURCES] under AS 03.05.010(d); 22 * Sec. 26. AS 38.04.020(g) is amended to read: 23 (g) After July 1 of each year, the commissioner shall direct the expenditure of 24 money appropriated for the disposal of land in response to requests made under (e) 25 and (f) of this section for the following: 26 (1) land designated as suitable for homestead disposal shall be 27 classified and surveyed under this chapter and AS 38.05 and made available for 28 staking and lease under AS 38.09; 29 (2) land designated as suitable for subdivision and homesite disposal 30 shall be surveyed, subdivided, classified, and disposed of under this chapter, 31 AS 38.05, and AS 38.08;
01 (3) land designated commercial, industrial, or suitable for other 02 disposal shall be sold under AS 38.05.055 or 38.05.057; 03 (4) land designated agricultural shall be disposed of under 04 AS 38.05.055 - 38.05.065, except the commissioner of agriculture [BOARD OF 05 AGRICULTURE AND CONSERVATION (AS 03.09.010)] shall receive notice of 06 each proposed disposal and be given an opportunity to comment before the final 07 disposal decision is made. 08 * Sec. 27. AS 38.04.030 is amended to read: 09 Sec. 38.04.030. Land availability programs. Programs that may be used by 10 the director to make the state's land surface available for private use under 11 AS 38.04.020 - 38.04.055 include sale of whole or partial rights to the fee simple 12 estate, including conveyance of agricultural use rights; leasing; open-to-entry; 13 homesiting; homesteading; permitting for construction and occupation of cabins in 14 isolated locations on land retained in state ownership; and other methods as provided 15 by law. However, agricultural use rights may be conveyed only after consulting with 16 the commissioner of agriculture [BOARD OF AGRICULTURE AND 17 CONSERVATION]. 18 * Sec. 28. AS 38.05.020(b) is amended to read: 19 (b) The commissioner may 20 (1) establish reasonable procedures and adopt reasonable regulations 21 necessary to carry out this chapter and, whenever necessary, issue directives or orders 22 to the director to carry out specific functions and duties; regulations adopted by the 23 commissioner shall be adopted under AS 44.62 (Administrative Procedure Act); 24 orders by the commissioner classifying land, issued after January 3, 1959, are not 25 required to be adopted under AS 44.62 (Administrative Procedure Act); 26 (2) enter into agreements considered necessary to carry out the 27 purposes of this chapter, including agreements with federal and state agencies; 28 (3) review any order or action of the director; 29 (4) exercise the powers and do the acts necessary to carry out the 30 provisions and objectives of this chapter; 31 (5) notwithstanding the provisions of any other section of this chapter,
01 grant an extension of the time within which payments due on any exploration license, 02 lease, or sale of state land, minerals, or materials may be made, including payment of 03 rental and royalties, on a finding that compliance with the requirements is or was 04 prevented by reason of war, riots, or acts of God; 05 (6) classify tracts for agricultural uses; 06 (7) after consulting with the commissioner of agriculture [BOARD 07 OF AGRICULTURE AND CONSERVATION (AS 03.09.010)], waive, postpone, or 08 otherwise modify the development requirements of a contract for the sale of 09 agricultural land if 10 (A) the land is inaccessible by road; or 11 (B) transportation, marketing, and development costs render 12 the required development uneconomic; 13 (8) reconvey or relinquish land or an interest in land to the federal 14 government if 15 (A) the land is described in an amended application for an 16 allotment under 43 U.S.C. 1617; and 17 (B) the reconveyance or relinquishment is 18 (i) for the purposes provided in 43 U.S.C. 1617; and 19 (ii) in the best interests of the state; 20 (9) lead and coordinate all matters relating to the state's review and 21 authorization of resource development projects; 22 (10) enter into commercial agreements with a duration of not more 23 than two years for project services related to a North Slope natural gas project; 24 (11) in consultation with the commissioner of revenue, participate in 25 the negotiation of agreements that include balancing, marketing, disposition of natural 26 gas, and offtake and contracts and development of terms for inclusion in those 27 proposed agreements and contracts associated with a North Slope natural gas project; 28 an agreement or contract negotiated under this paragraph to which the state is a party 29 is not effective unless the legislature authorizes the governor to execute the agreement 30 or contract; 31 (12) enter into confidentiality agreements to maintain the
01 confidentiality of information related to contract negotiations and contract 02 implementation associated with a North Slope natural gas project; information under 03 those confidentiality agreements is not subject to AS 40.25.100 - 40.25.295 (Alaska 04 Public Records Act), except that 05 (A) the terms of a proposed contract that the commissioner 06 presents to the legislature for the purpose of obtaining authorization for the 07 governor to execute are not confidential and must be made available to the 08 public at least 90 days before the proposed effective date for the terms; and 09 (B) the commissioner may share confidential information 10 obtained under this paragraph with members of the legislature, their agents, 11 and contractors on request under confidentiality agreements, either in 12 committees held in executive session or individually; 13 (13) consult with the Alaska Gasline Development Corporation in the 14 development of agreements or contracts under (10) or (11) of this subsection for 15 project services related to a gas treatment plant, pipeline, liquefaction facility, marine 16 terminal, or marine transportation services necessary to transport natural gas to 17 market; 18 (14) in consultation with the commissioner of revenue, take custody of 19 gas delivered to the state under AS 43.55.014(b) and manage the project services and 20 disposition and sale of that gas; 21 (15) exercise the powers and do the acts necessary to carry out the 22 provisions and objectives of AS 43.90 that relate to this chapter. 23 * Sec. 29. AS 38.05.035(b) is amended to read: 24 (b) The director may 25 (1) delegate the administrative duties, functions, or powers imposed 26 upon the director to a responsible employee in the division; 27 (2) grant preference rights for the lease or purchase of state land 28 without competitive bid in order to correct errors or omissions of a state or federal 29 administrative agency when inequitable detriment would otherwise result to a diligent 30 claimant or applicant due to situations over which the claimant or applicant had no 31 control; the exercise of this discretionary power operates only to divest the state of its
01 title to or interests in land and may be exercised only 02 (A) with the express approval of the commissioner; and 03 (B) if the application for the preference right is filed with the 04 director within three years from 05 (i) the occurrence of the error or omission; 06 (ii) the date of acquisition by the state of the land; or 07 (iii) the date of a court decision or settlement nullifying 08 a disposal of state land; 09 (3) grant a preference right to a claimant who shows bona fide 10 improvement of state land or of federal land subsequently acquired by the state and 11 who has in good faith sought to obtain title to the land but who, through error or 12 omission of others occurring within the three years before (A) the application for the 13 preference right, (B) the date of acquisition by the state of the land, or (C) the date of a 14 court decision or settlement nullifying a disposal of state land, has been denied title to 15 it; upon a showing satisfactory to the commissioner, the claimant may lease or 16 purchase the land at the price set on the date of original entry on the land or, if a price 17 was not set at that time at a price determined by the director to fairly represent the 18 value of unimproved land at the time the claim was established, but in no event less 19 than the cost of administration including survey; the error or omission of a predecessor 20 in interest or an agent, administrator, or executor that has clearly prejudiced the 21 claimant may be the basis for granting a preference right; 22 (4) sell land by lottery for less than the appraised value when, in the 23 judgment of the director, past scarcity of land suitable for private ownership in any 24 particular area has resulted in unrealistic land values; 25 (5) when the director determines it is in the best interest of the state 26 and will avoid injustice to a person or the heirs or devisees of a person, dispose of 27 land, by direct negotiation to that person who presently uses and who used and made 28 improvements to that land before January 3, 1959, or to the heirs or devisees of the 29 person; the amount paid for the land shall be its fair market value on the date that the 30 person first entered the land, as determined by the director; a parcel of land disposed 31 of under this paragraph shall be of a size consistent with the person's prior use, but
01 may not exceed five acres; 02 (6) after consulting with the commissioner of agriculture [BOARD 03 OF AGRICULTURE AND CONSERVATION (AS 03.09.010)], dispose of an interest 04 in land limited to use for agricultural purposes by lottery; 05 (7) convey to an adjoining landowner for its fair market value a 06 remnant of land that the director considers unmanageable or a parcel of land created 07 by a highway right-of-way alignment or realignment, or a parcel created by the 08 vacation of a state-owned right-of-way if 09 (A) the director determines that it is in the best interests of the 10 state; 11 (B) the parcel 12 (i) does not exceed the minimum lot size under an 13 applicable zoning code; or 14 (ii) is smaller than 20 acres and is completely enclosed 15 by property owned by the adjacent landowner; and 16 (C) the director and the platting authority having land use 17 planning jurisdiction agree that conveyance of the parcel to the adjoining 18 landowner will result in boundaries that are convenient for the use of the land 19 by the landowner and compatible with municipal land use plans; 20 (8) for good cause extend for up to 90 days the time for rental or 21 installment payments by a lessee or purchaser of state land under this chapter if 22 reasonable penalties and interest set by the director are paid; 23 (9) quitclaim land or an interest in land to the federal government on a 24 determination that the land or the interest in land was wrongfully or erroneously 25 conveyed by the federal government to the state; 26 (10) negotiate the sale or lease of state land at fair market value to a 27 person who acquired by contract, purchase, or lease rights to improvements on the 28 land from another state agency or who leased the land from another state agency. 29 * Sec. 30. AS 38.05.057(c) is amended to read: 30 (c) The commissioner, after consulting with the commissioner of agriculture 31 [BOARD OF AGRICULTURE AND CONSERVATION (AS 03.09.010)], may adopt
01 regulations under AS 44.62 (Administrative Procedure Act) [THE 02 ADMINISTRATIVE PROCEDURE ACT (AS 44.62)] that specify qualifications for 03 lottery participants different from those specified in (b) of this section if 04 (1) an interest in land limited to agricultural purposes is to be sold 05 under (a) of this section; 06 (2) the sale is a part of a program to develop agricultural land as a 07 renewable resource of the state; and 08 (3) the regulations include residency, skill, experience, and financial 09 requirements necessary to qualify persons who are competent and financially able to 10 develop the land as a successful agricultural enterprise. 11 * Sec. 31. AS 38.05.059 is amended to read: 12 Sec. 38.05.059. Sale of agricultural land. The commissioner, after consulting 13 with the commissioner of agriculture [BOARD OF AGRICULTURE AND 14 CONSERVATION (AS 03.09.010)], may provide for the sale of land classified under 15 AS 38.05.020(b)(6) for agricultural uses in parcels or tracts described by aliquot parts. 16 The parcels or tracts are subject to state subdivision requirements and municipal 17 ordinances. Money from a sale of agricultural land shall be separately accounted for 18 and may be appropriated to the agricultural revolving loan fund (AS 03.10.040). 19 * Sec. 32. AS 38.05.065(h) is amended to read: 20 (h) The commissioner, after consulting with the commissioner of agriculture 21 [BOARD OF AGRICULTURE AND CONSERVATION (AS 03.09.010)], 22 (1) shall provide that, notwithstanding (a) and (b) of this section, in a 23 contract for the sale of land classified under AS 38.05.020(b)(6) for agricultural uses, 24 the interest rate to be charged on installment payments may not exceed 9.5 percent; 25 and 26 (2) may declare a moratorium of up to five years on payments on land 27 sold under this section for land classified under AS 38.05.020(b)(6) for agricultural 28 uses if 29 (A) the commissioner determines that the moratorium is in the 30 best interest of the state; 31 (B) the commissioner certifies and the contract purchaser
01 agrees to perform farm development, crop production, and harvesting, not 02 including land clearing or related activity, requiring the expenditure of 03 amounts equivalent to the payments that would otherwise be made during the 04 moratorium; 05 (C) the sale of the agricultural land takes place after July 1, 06 1979; and 07 (D) the contract purchaser is in compliance with the 08 development plan specified in the purchase contract at the time the purchaser 09 applies for a moratorium under this paragraph and remains in compliance with 10 the development plan during the moratorium; for the payments subject to the 11 moratorium declared under this paragraph, interest payments are subject to the 12 moratorium but interest continues to accrue during the moratorium. 13 * Sec. 33. AS 38.05.069(a) is amended to read: 14 (a) After consulting with the commissioner of agriculture [BOARD OF 15 AGRICULTURE AND CONSERVATION (AS 03.09.010)], on a determination that 16 the highest and best use of unoccupied land is for agricultural purposes and that it is in 17 the best interests of the state to sell or lease the land, the commissioner shall grant to 18 an Alaska resident owning and using or leasing and using land for agricultural 19 purposes a first option to purchase or lease the unoccupied land situated adjacent to 20 land presently held by the Alaska resident for the amount of the high bid received at 21 public auction or by sealed bid. If more than one Alaska resident qualifies for a first 22 option under this section, eligibility for the first option shall be determined by lot, and 23 the option must be exercised on the conclusion of the public auction or opening of 24 sealed bids. A parcel of agricultural land sold under this section may not be less than 25 20 acres, and a parcel of agricultural land that is acquired by exercise of the option 26 granted in this subsection may not exceed 320 acres. Agricultural land that is acquired 27 under this section must be used for agricultural purposes as required by law. 28 * Sec. 34. AS 38.07.030(a) is amended to read: 29 (a) An owner of agricultural land, or a lessee from the state of agricultural 30 land, in the general vicinity of the land to be cleared or drained under AS 38.07.010(a) 31 may apply to the commissioner to have the land cleared or drained or both along with
01 the state land. The applicant's land shall be included in the contract of land to be 02 cleared or drained if, in the discretion of the commissioner, the inclusion is feasible 03 and furthers the agricultural policies of the state [DIVISION OF THE 04 DEPARTMENT OF NATURAL RESOURCES WITH RESPONSIBILITY FOR 05 AGRICULTURE]. 06 * Sec. 35. AS 38.09.010(a) is amended to read: 07 (a) The commissioner shall designate and make available for homestead entry 08 state land, including, after consulting with the commissioner of agriculture [BOARD 09 OF AGRICULTURE AND CONSERVATION (AS 03.09.010)], land classified for 10 agricultural use. State land made available for homestead entry under this chapter shall 11 be distributed throughout the state. 12 * Sec. 36. AS 41.10.040 is amended to read: 13 Sec. 41.10.040. Soil and Water [NATURAL RESOURCE] Conservation 14 and Development Board. The Alaska Soil and Water [NATURAL RESOURCE] 15 Conservation and Development Board is composed of five members. The 16 commissioner [OR, IN THE ABSENCE OF THE COMMISSIONER, THE 17 DIRECTOR] of agriculture [,] serves ex officio but without a vote on the board. 18 * Sec. 37. AS 41.10.045 is amended to read: 19 Sec. 41.10.045. Executive director. The commissioner of agriculture shall 20 appoint an executive director and clerical staff to assist the board. 21 * Sec. 38. AS 41.10.100 is amended to read: 22 Sec. 41.10.100. Duties of board. (a) At the request of the commissioner of 23 agriculture, the board shall meet and advise the commissioner of agriculture in the 24 exercise of the powers, duties, and functions of the commissioner of agriculture. 25 (b) The board shall also 26 (1) receive and review reports concerning the use of soil resources of 27 the state; 28 (2) hold public hearings and meetings to determine whether land in the 29 state is being used in a manner consistent with sound soil and water conservation 30 practices; 31 (3) make recommendations to the commissioner of agriculture and
01 the commissioner of natural resources, as appropriate, for specific action 02 necessary to provide for the effective and orderly development of agricultural, forest, 03 and grazing land in the state; 04 (4) review an appeal by an applicant or lessee from a decision of the 05 director of the division of lands concerning a sale or lease of state agricultural or 06 grazing land and submit its recommendations to the commissioner of natural 07 resources or hearing officer; 08 (5) act in an advisory capacity to the soil and water conservation 09 districts in the state; 10 (6) act in an advisory capacity to the commissioner [AND DIRECTOR 11 OF THE DIVISION] of [THE DEPARTMENT WITH RESPONSIBILITY FOR] 12 agriculture in the review of farm conservation plans for all state agricultural land sales 13 in the state. 14 * Sec. 39. AS 41.10.110 is amended to read: 15 Sec. 41.10.110. Powers of commissioner. The commissioner of agriculture 16 has the power to 17 (1) conduct land capability surveys and investigations of potential 18 agricultural areas and of soil conservation and erosion control, including necessary 19 preventative and control measures, in the state; to publish the results of these surveys 20 and investigations and to disseminate information concerning the results of the surveys 21 and investigations to prospective settlers and the general public; 22 (2) make technical guidance and other assistance available to settlers 23 of new land to ensure [ASSURE] the development of the land in a manner that will 24 permit it to be used in accordance with its capabilities and treated in accordance with 25 its needs; 26 (3) carry out measures for soil conservation and erosion control within 27 the state, including engineering operations, methods of cultivation, the growing of 28 vegetation, and changes in use of land, with the consent and cooperation of the land 29 user or agency having jurisdiction of the land; 30 (4) cooperate with, furnish assistance to, and enter into agreements 31 with [,] a user of land or agency within the state;
01 (5) construct, improve, and maintain soil erosion control and 02 conservation structures as are necessary and practical for carrying out the purposes of 03 this chapter; 04 (6) develop comprehensive plans for the conservation of soil and 05 control of soil erosion within the state, cropping programs, tillage practices and 06 changes in land use, and publish plans and information and bring them to the attention 07 of users of land within the state; 08 (7) accept contributions in money, services, materials, or equipment 09 from the United States or its agencies, from an agency of the state, and from any other 10 source [,] for use in carrying out the purposes of this chapter. 11 * Sec. 40. AS 41.10.120 is amended to read: 12 Sec. 41.10.120. Approval of land user. A survey, investigation, or plan for 13 land may not be undertaken by the commissioner of agriculture and measures for soil 14 conservation and erosion control may not be carried out without the prior approval of 15 the user of the land. 16 * Sec. 41. AS 41.10.130(a) is amended to read: 17 (a) The commissioner of agriculture may, on the recommendation of the 18 board, create soil and water conservation districts in the state upon petition signed by 19 25 or more land users setting out the proposed boundaries of the proposed district. The 20 commissioner of agriculture shall fix a time for and give notice of a public hearing 21 based on the petition at a convenient location or locations within the boundaries of the 22 proposed district. The commissioner of agriculture may fix the boundaries of the 23 district created, supervise the election of, prescribe the duties of, and install a 24 governing body of five land users to be known as district supervisors for each district 25 created, and delegate to the district supervisors powers as the commissioner of 26 agriculture considers necessary to accomplish the purposes of this chapter within the 27 district boundaries. 28 * Sec. 42. AS 41.10.140(1) is amended to read: 29 (1) "board" means the Alaska Soil and Water [NATURAL 30 RESOURCE] Conservation and Development Board; 31 * Sec. 43. AS 44.17.005 is amended to read:
01 Sec. 44.17.005. Offices and departments. There are in the state government 02 the following principal offices and departments: 03 (1) Office of the Governor; 04 (2) Department of Administration; 05 (3) Department of Law; 06 (4) Department of Revenue; 07 (5) Department of Education and Early Development; 08 (6) Department of Health; 09 (7) Department of Labor and Workforce Development; 10 (8) Department of Commerce, Community, and Economic 11 Development; 12 (9) Department of Military and Veterans' Affairs; 13 (10) Department of Natural Resources; 14 (11) Department of Fish and Game; 15 (12) Department of Public Safety; 16 (13) Department of Transportation and Public Facilities; 17 (14) Department of Environmental Conservation; 18 (15) Department of Corrections; 19 (16) Department of Family and Community Services; 20 (17) Department of Agriculture. 21 * Sec. 44. AS 44.37.020(a) is amended to read: 22 (a) The Department of Natural Resources shall administer the state program 23 for the conservation and development of natural resources, including forests, parks, 24 and recreational areas, land, water, [AGRICULTURE, SOIL CONSERVATION,] and 25 minerals including petroleum and natural gas, but excluding commercial fisheries, 26 sport fish, game, and fur-bearing animals in their natural state. 27 * Sec. 45. AS 44 is amended by adding a new chapter to read: 28 Chapter 38. Department of Agriculture. 29 Sec. 44.38.010. Commissioner of agriculture. The principal executive officer 30 of the Department of Agriculture is the commissioner of agriculture. 31 Sec. 44.38.020. Duties of the department. (a) The Department of Agriculture
01 shall administer state programs for agriculture, soil conservation, and the conservation 02 and development of state agricultural land. The department shall 03 (1) obtain and publish information electronically and in print on 04 subjects connected with agriculture, including community seed libraries established 05 under AS 03.20.120; 06 (2) control and regulate the entry and transportation of seeds, plants, 07 and other horticultural products; 08 (3) control and eradicate the spread of pests injurious to plants, trees, 09 vegetables, livestock, and poultry; 10 (4) aid in developing used and unused agricultural resources; and 11 (5) experiment and determine practical methods of growing, 12 processing, soil analysis, eradication of obnoxious weeds, control of insects, and 13 cheaper and more satisfactory methods of land clearing. 14 (b) The Department of Agriculture may 15 (1) advise persons who establish or operate a community seed library 16 under AS 03.20.120; and 17 (2) post on the department's Internet website and annually update the 18 following: 19 (A) information about noncommercial giving or exchanging of 20 seed, including information about community seed libraries established under 21 AS 03.20.120, community seed library locations, community seed library 22 facilitators, and best practices for noncommercial giving or exchanging of 23 seed; 24 (B) an online registration form for a person involved in 25 noncommercial giving or exchanging of seed to submit to the department for 26 publication, without a fee, information under AS 03.20.140; 27 (C) information provided for publication under (B) of this 28 paragraph. 29 Sec. 44.38.030. Regulations. The commissioner of agriculture may adopt 30 regulations to carry out or assist in carrying out the powers and duties of the 31 Department of Agriculture.
01 * Sec. 46. AS 44.62.330(a)(31) is amended to read: 02 (31) Department of Agriculture [NATURAL RESOURCES] 03 concerning the Alaska grain reserve program under former AS 03.12; 04 * Sec. 47. AS 03.09.020(b); AS 03.47.040(2); and AS 44.37.030 are repealed. 05 * Sec. 48. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 TRANSITION. (a) Employees of the Department of Natural Resources whose duties 08 have been transferred by this Act to the Department of Agriculture shall be transferred to the 09 Department of Agriculture on the effective date of this Act. 10 (b) Members of any board or commission transferred by this Act whose terms have 11 not expired by the effective date of this Act may continue to serve the remainder of their 12 terms. 13 (c) Litigation, hearings, investigations, and other proceedings pending under a law 14 repealed or amended by this Act, or in connection with a function transferred by this Act, 15 continue in effect and may be completed notwithstanding a transfer, repeal, or amendment 16 provided for in this Act. 17 (d) Contracts, rights, liabilities, and obligations created by or under a law repealed or 18 affected by this Act, and in effect on the effective date of this Act, remain in effect 19 notwithstanding this Act's taking effect. 20 (e) Certificates, licenses, orders, and regulations in effect on the effective date of this 21 Act that were issued or adopted under the authority of a law amended or repealed by this Act, 22 or in connection with a function transferred by this Act, remain in effect for the term issued 23 and shall be enforced by the agency to which the function is transferred under this Act until 24 revoked, vacated, or amended by the agency to which the function is transferred. 25 (f) Records, equipment, appropriations, and other property of an agency of the state 26 whose functions are transferred under this Act shall be transferred to implement the 27 provisions of this Act. 28 * Sec. 49. This Act takes effect July 1, 2025.