04/04/2024 03:00 PM House STATE AFFAIRS

         SB 68-PUBLIC NOTICE FOR STATE ACTIONS/HEARINGS                                                                     
                                                                                                                                
3:27:47 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW  announced that the  final order of business  would be                                                               
CS FOR  SENATE BILL NO.  68(RES) am,  "An Act relating  to public                                                               
notice  for  certain  state  actions  and  public  hearings;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
CHAIR SHAW mentioned that the committee heard HB 287, the                                                                       
companion bill to SB 68, on March 14, 2024.                                                                                     
                                                                                                                                
3:28:34 PM                                                                                                                    
                                                                                                                                
SENATOR  KATHY   GEISEL,  Alaska  State  Legislature,   as  prime                                                               
sponsor, presented  CSSB 68(RES) am.   She provided a  summary of                                                               
changes  and presented  the sponsor  statement  [included in  the                                                               
committee packet],  which read  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Senate  Bill  68  proposes changes  to  certain  public                                                                    
     notice requirements relating to  certain land and water                                                                    
     usages.  The bill  changes the  requirement for  public                                                                    
     notice by allowing  an option to use  the Alaska Online                                                                    
     Public Notice  System. This would  provide a  new means                                                                    
     to the current requirement that  notices be posted in a                                                                    
     newspaper of  general circulation in an  affected area.                                                                    
     The bill  would update,  but not  substantively change,                                                                    
     other  requirements  for   notice  by  the  appropriate                                                                    
     commissioner  to   determine  the  rights   of  persons                                                                    
     regarding related issues.                                                                                                  
                                                                                                                                
     By allowing  for online public  notice, it  is possible                                                                    
     to  save  applicants  money  as  opposed  to  newspaper                                                                    
     notice. The  changes would  utilize the  state's online                                                                    
     public  notice  system,  which  is  available  to  most                                                                    
     Alaskans to view  at no cost. Public  notices posted on                                                                    
     this  system   are  permanently  retained   for  future                                                                    
     reference, whereas  newspaper notices are  difficult to                                                                    
     retrieve.  Utilizing the  online  public notice  system                                                                    
     ensures  that  Alaskans  have equal  access  to  public                                                                    
     notices  rather  than  just  newspaper  subscribers  or                                                                    
     residents  of  certain  areas. Finally,  online  public                                                                    
     notice   would  eliminate   coordinating  issues   with                                                                    
     newspaper  publications and  reduces permit  processing                                                                    
     timeframes.                                                                                                                
                                                                                                                                
     The    public   is    encouraged    to   utilize    the                                                                    
     "Subscriptions"  feature on  the  Alaska Online  Public                                                                    
     Notice                                           System                                                                    
     (https://aws.state.ak.us/OnlinePublicNotices/)       to                                                                    
     tailor what  notifications from which  departments they                                                                    
     wish  to  receive. The  State  of  Alaska is  eager  to                                                                    
     educate the public on the  benefits of using the online                                                                    
     notice  system.  SB  68 enables  public  notice  to  be                                                                    
     delivered to Alaskans through the Internet.                                                                                
                                                                                                                                
SENATOR GEISEL indicated that the  statute changes were requested                                                               
by  both  the  Department  of Natural  Resources  (DNR)  and  the                                                               
Department of Environmental Conservation (DEC).                                                                                 
                                                                                                                                
3:29:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STORY  asked about other forms  of notification to                                                               
be utilized  in addition to  electronic notification and  how the                                                               
departments assess  when to utilize  a newspaper or  other source                                                               
for public notification.                                                                                                        
                                                                                                                                
3:30:50 PM                                                                                                                    
                                                                                                                                
CHRISTY  COLLES, Director,  Central  Office,  Division of  Mining                                                               
Land and Water, Department of  Natural Resources (DNR), responded                                                               
that  there are  a variety  of factors  that are  considered when                                                               
deciding how to  publicly notify a community.  She  said that the                                                               
department does its best to take into account public input.                                                                     
                                                                                                                                
3:31:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARRICK  asked if the Alaska  Online Public Notice                                                               
System is  seen as a  substitute or duplicative method  to inform                                                               
the public.   She  mentioned that some  of her  constituents have                                                               
expressed concern that the online  notices would not reach a wide                                                               
enough audience.                                                                                                                
                                                                                                                                
MS. COLLES  said that the  department views the bill  as creating                                                               
more opportunities  for flexibility  to reach  as many  people as                                                               
possible.    The  Alaska  Online  Public  Notice  System  creates                                                               
consistency   and  continuity.     Alaskans   can  sign   up  for                                                               
notifications.  Postings can also  occur at centralized locations                                                               
within small communities as well.                                                                                               
                                                                                                                                
3:33:39 PM                                                                                                                    
                                                                                                                                
GENE MCCABE,  Acting Director, Division  of Water,  Department of                                                               
Environmental  Conservation, explained  that  not  only does  the                                                               
department  utilize  the Alaska  Online  Notice  System, it  also                                                               
utilizes  social media  feeds associated  with the  department to                                                               
provide  information  to  a  broader   audience.    He  said  the                                                               
department annually  publishes a  list of  permits it  intends to                                                               
issue.   He  further  mentioned a  tribal  coordinator sends  out                                                               
early tribal notification for pending  permits prior to going out                                                               
for  public notice.   He  said DEC  finds CSSB  68(RES) am  would                                                               
create more flexibility.                                                                                                        
                                                                                                                                
3:35:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WRIGHT expressed his support for CSSB 68(RES) am.                                                                
                                                                                                                                
REPRESENTATIVE  STORY  commented  on  the  importance  of  public                                                               
education  to  inform Alaskans  about  how  the posting  will  be                                                               
accomplished.   She  emphasized  the  importance of  transparency                                                               
with the public.                                                                                                                
                                                                                                                                
3:36:18 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW announced that amendments would be due by April 9,                                                                   
2024, and that CSSB 68(RES) am was held over.