SSHB 220: "An Act relating to easements and rights-of-way in state parks."
00 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 220 01 "An Act relating to easements and rights-of-way in state parks." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 41.21.024 is amended to read: 04 Sec. 41.21.024. Easements and rights-of-way for access to private land. 05 The department shall [MAY] grant a public easement or public right-of-way within a 06 state park unit for access to private property or an easement or right-of-way for the 07 installation, operation, maintenance, upgrade, removal, or replacement of public 08 utility facilities and infrastructure if the commissioner determines that the easement 09 or right-of-way 10 (1) will not unduly affect park resources; [AND] 11 (2) is in the public interest; and 12 (3) complies with other applicable law. 13 * Sec. 2. AS 41.21.024 is amended by adding new subsections to read: 14 (b) In granting an easement or right-of-way for a facility or infrastructure of a 15 public utility under (a) of this section, the department shall ensure that the easement or
01 right-of-way provides adequate and feasible access for 02 (1) the purposes for which the right-of-way or easement was intended; 03 and 04 (2) installation, operation, maintenance, upgrade, removal, or 05 replacement of the affected utility facilities and infrastructure. 06 (c) If a person seeking an easement or right-of-way applies under (d) of this 07 section and the commissioner determines that the easement or right-of-way is not 08 disqualified under (a)(1) - (3) of this section, the department shall grant the easement 09 or right-of-way and may not provide the person another lesser land use authorization 10 or permission in lieu of the easement or right-of-way. 11 (d) A utility provider or property owner seeking an easement or right-of-way 12 under (a) of this section shall submit an application on a form provided or in a format 13 approved by the department that 14 (1) describes 15 (A) how the easement or right-of-way will benefit the public 16 interest; 17 (B) the need for the easement or right-of-way; 18 (C) the proposed location of the easement or right-of-way; 19 (D) the utility facilities and infrastructure proposed to be 20 located in the easement or right-of-way; and 21 (2) includes 22 (A) an assessment of the potential environmental effects if the 23 easement or right-of-way is granted; and 24 (B) a survey of the area that would be affected by the easement 25 or right-of-way; for purposes of this subparagraph, a cadastral survey is not 26 required, and the survey may be performed by GPS in a format established in 27 regulations adopted by the department. 28 (e) The scope and detail required for an assessment in an application under 29 (d)(2)(A) of this section must be commensurate with the planned use, and the likely 30 effects, of an easement or right-of-way applied for and granted under this section. 31 Assessment requirements adopted by the department shall, to the extent possible,
01 minimize project delays and an applicant's expenses. 02 (f) The commissioner shall approve or disapprove an application submitted 03 under (d) of this section within 60 days after the department receives a complete 04 application. An application that contains the information required under (d) of this 05 section shall be considered completed even if the application contains minor 06 omissions. If the commissioner disapproves an application, the department shall 07 provide the reasons for the disapproval in writing to the applicant. For an application 08 that is approved, the commissioner may impose reasonable terms and conditions, 09 including reasonable permit fees to protect the primary uses of the park and the 10 environment, to ensure public safety, and to minimize disruption to other land uses. If 11 the commissioner does not approve or disapprove an application within 60 days after 12 the department receives a complete application, the easement or right-of-way is 13 considered approved unless otherwise prohibited by another law. 14 (g) The commissioner may not impose a term or condition under (f) of this 15 section 16 (1) requiring 17 (A) improvements or other work outside of the area affected by 18 the easement or right-of-way; or 19 (B) the completion or performance of a duplicative study or 20 test; 21 (2) without providing clear standards or defined time limitations; or 22 (3) that is materially different than the terms and conditions imposed 23 on similarly situated applicants. 24 (h) If a valid existing section line easement or other recognized easement or 25 right-of-way crosses land within a state park unit, the department shall adopt 26 regulations for making the easement or right-of-way available for use by the public. 27 The department may not impose restrictions that unreasonably interfere with the use of 28 the easement or right-of-way by a public utility, or by a person to access private 29 property, if the department determines the use of the easement or right-of-way 30 (1) will not unduly affect park resources; 31 (2) is in the public interest; and
01 (3) complies with other applicable law. 02 (i) In considering whether granting an easement or right-of-way is in the 03 public interest under (a) of this section, the commissioner shall consider the benefits 04 the easement or right-of-way would provide 05 (1) in accessing private property; 06 (2) by improving or expanding public utility services and 07 infrastructure; and 08 (3) to the local community and economy. 09 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 APPLICABILITY. Regulations adopted under AS 41.21.124(h), enacted by sec. 2 of 12 this Act, apply to an easement or right-of-way granted on or after the effective date of this 13 Act.