Legislature(2023 - 2024)
2024-05-03 House Journal
Full Journal pdf2024-05-03 House Journal Page 2652 HB 329 The following was read the second time: HOUSE BILL NO. 329 "An Act relating to state tideland leases; and relating to aquatic farming or related hatchery operation site leases." with the: Journal Page FSH RPT CS(FSH) NEW TITLE 6DP 2015 FN1: (DNR) 2015 RES RPT CS(FSH) NEW TITLE 4DP 4NR 2340 FN1: (DNR) 2340 Representative Saddler moved and asked unanimous consent that the 2024-05-03 House Journal Page 2653 following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 329(FSH) "An Act relating to state tideland leases; relating to geoduck seed transfers; and relating to aquatic farming or related hatchery operation site leases." Representative Eastman objected and withdrew the objection. There being no further objection, CSHB 329(FSH) was adopted. Amendment No. 1 was offered by Representatives Vance and Stutes: Page 2, lines 4 - 11: Delete all material and insert: "* Sec. 3. AS 38.05.081(a) is amended to read: (a) The commissioner may lease state land for carbon management purposes. However, the commissioner may exclude from consideration land for which a person has submitted a lease application under AS 38.05.083 if the commissioner finds that excluding the land from consideration is in the public interest. A lease agreement under this section must include land use restrictions and authorizations consistent with the carbon management purpose of the lease. * Sec. 4. AS 38.05.081(c) is amended to read: (c) Upon receiving an application to use state land for carbon management purposes, unless the land applied for is excluded from consideration by the commissioner under (a) of this section, the department shall solicit competitive interest by issuing a public notice in the manner prescribed in AS 38.05.945. The notice must contain an announcement seeking competitive interest. If competing carbon management applications are received following notice, the applications will be awarded under (d) of this section. In addition to issuing notice under AS 38.05.945, the department shall provide public notice of an application received under this section to a person leasing, or who has applied to lease, land under AS 38.05.083 that is within 25 miles of the land proposed for lease in the application received under this section." Page 3, lines 25 - 28: 2024-05-03 House Journal Page 2654 Delete all material and insert: "APPLICABILITY. The public notice requirements added by AS 38.05.081(c), as amended by sec. 4 of this Act, apply to an application submitted for a lease of state tide or submerged land for a carbon management purpose under AS 38.05.081 received by the Department of Natural Resources on or after the effective date of this Act." Representative Vance moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Eastman objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Eastman: Page 1, line 1, following "transfers;" (title amendment): Insert "relating to leases of state land for carbon management purposes;" Page 2, following line 8: Insert a new bill section to read: "* Sec. 4. AS 38.05.081(e) is amended to read: (e) A lease under this section may not exceed a period of 20 [55] years. The lease must contain terms and conditions for performance, including benchmarks, and must require the lessee to make progress toward development or continual maintenance of the leased land sufficient to meet the carbon management purpose of the lease. During the term of the lease, the commissioner shall terminate the lease if (1) the commissioner determines that the land is not being used for the carbon management purpose approved by the commissioner; or (2) the lessee fails to meet the requirements of the lease and, after being given a reasonable opportunity by the commissioner to comply with the lease, the commissioner determines that the lessee has still failed to comply with the lease." Renumber the following bill sections accordingly. 2024-05-03 House Journal Page 2655 Page 4, line 25: Delete "sec. 3" Insert "secs. 3 and 4" Page 4, line 26: Delete "sec. 4" Insert "sec. 5" Representative Eastman moved and asked unanimous consent that Amendment No. 2 be adopted. There was objection. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 329(FSH) am Second Reading Amendment No. 2 YEAS: 3 NAYS: 36 EXCUSED: 1 ABSENT: 0 Yeas: Eastman, Hannan, Josephson Nays: Allard, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Himschoot, C.Johnson, D.Johnson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance, Wright Excused: Armstrong And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Eastman: Page 1, lines 7 - 9: Delete "a fisheries management area established under this title that is contiguous to an island in the Aleutian Chain or to the Gulf of Alaska" Insert "the state [A FISHERIES MANAGEMENT AREA ESTABLISHED UNDER THIS TITLE THAT IS CONTIGUOUS TO THE GULF OF ALASKA]" Representative Eastman moved and asked unanimous consent that 2024-05-03 House Journal Page 2656 Amendment No. 3 be adopted. Representative Vance objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 329(FSH) am Second Reading Amendment No. 3 YEAS: 1 NAYS: 36 EXCUSED: 1 ABSENT: 2 Yeas: Eastman Nays: Allard, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Tilton, Tomaszewski, Vance, Wright Excused: Armstrong Absent: Edgmon, Sumner And so, Amendment No. 3 was not adopted. Amendment Nos. 4 and 5 were not offered. Representative Saddler moved and asked unanimous consent that CSHB 329(FSH) am be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 329(FSH) am was read the third time. The question being: "Shall CSHB 329(FSH) am pass the House?" The roll was taken with the following result: CSHB 329(FSH) am Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 2024-05-03 House Journal Page 2657 Yeas: Allard, Baker, Carpenter, Carrick, Coulombe, Cronk, Dibert, Eastman, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan, Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick, McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler, Schrage, Shaw, Stapp, Story, Stutes, Tilton, Tomaszewski, Vance, Wright Excused: Armstrong Absent: Sumner And so, CSHB 329(FSH) am passed the House and was referred to the Chief Clerk for engrossment.