Legislature(2023 - 2024)

2024-05-03 House Journal

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2024-05-03                     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.