Legislature(2015 - 2016)BELTZ 105 (TSBldg)
04/07/2016 01:30 PM Senate LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| SB193 | |
| HB268 | |
| HB305 | |
| SB118 | |
| HB314 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 193 | TELECONFERENCED | |
| += | HB 268 | TELECONFERENCED | |
| + | HB 305 | TELECONFERENCED | |
| += | SB 118 | TELECONFERENCED | |
| + | HB 314 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 118-DNR LAND DISPOSAL SURVEYS; PEER REVIEW
2:38:40 PM
CHAIR COSTELLO announced the consideration of SB 118. She noted
that this is the first hearing.
WESTON EILER, Staff, Senate Labor and Commerce Standing
Committee, introduced the bill on behalf of the sponsor,
speaking to the following sponsor statement:
Senate Bill 118 creates a peer review alternative to
the Department of Natural Resources' (DNR) review of
survey work submitted to the State of Alaska. The bill
amends state law to allow the administration
facilitate a peer review process of survey work
through a subcommittee of the State Board of
Registration of Architects, Engineers, and Land
Surveyors.
During the past several years, the State of Alaska has
worked to address a substantial back-log in processing
permit applications. While funds appropriated in the
budget have helped alleviate some systemic issues,
more work is needed and limited funds are available
for additional reforms. Land surveyors are licensed
professional, are held to high standards by the State
of Alaska, and can play a role in enhancing the
state's permitting process.
Senate Bill 118 proposes utilizing technical expertise
in the private sector as part of permit review. Under
the bill, permit applicants submitting survey work to
the state would have the option of going through the
traditional departmental review, or have their
submissions analyzed by a subcommittee of three land
surveyors. The subcommittee would be organized by the
board, funded with program receipts, and be comprised
of professional surveyors who do not have a financial
interest in the project. DNR retains final decision
making authority on permitting but is held to a two
week timeline after receiving peer reviewed work.
Senate Bill 118 provides an expedient alternative for
permit applicants that could help advance development
projects, while also easing workloads for the
department.
MR. EILER said the sponsor's office has been working with
stakeholders to refine the mechanics of peer review. A committee
substitute is anticipated that retains the use of peer review,
but keeps it within DNR's purview. The department and the
administration have drafted language that will change the fiscal
note.
2:43:24 PM
CHAIR COSTELLO asked him to walk through this version of the
bill.
MR. EILER said Section 1 enhances the authority of the State
Board of Registration for Architects, Engineers, and Land
Surveyors allowing the board to set and collect fees.
Section 2 clarifies that the peer review process would be
proprietary and would not fall under public records requests.
Section 3 discusses criteria for professional land surveyors,
not employed by DNR, who sit on a peer review subcommittee.
Section 4 outlines the timeline envisioned for the peer review.
It also gives a notice period and provides standards or criteria
for the peer review. It states that the department retains the
authority to render a final decision on a survey.
Section 5 is primarily existing text, but also adds the peer
review process to the powers of the commissioner.
Section 6 is transition language to enact and establish this
process.
Section 7 provides the immediate effective date for Section 6.
Section 8 provides an effective date of January 1, 2017, for all
but Section 6.
2:48:35 PM
SENATOR STEVENS said it makes sense to solve the backlog first.
He asked if there is an appeal process.
MR. EILER said that would probably be addressed through existing
regulation by the department. Peer review surveys are primarily
to check for accuracy, but not to approve the final permit.
SENATOR STEVENS summarized that after a peer review, the
department would provide a review and final determination.
MR. EILER agreed the final decision resides with the department.
The peer review is designed to facilitate the process.
SENATOR STEVENS asked if the peer review can deny a project.
MR. EILER said the department would set that criteria in
regulation. Technical lapses could be addressed by the
subcommittee.
SENATOR STEVENS asked for assurance that there is an appeal
process and the first review by peers wouldn't kill a project.
CHAIR COSTELLO advised that the department will attend the
second hearing of SB 118 and could address those issues.
2:52:06 PM
SENATOR MEYER asked if other states follow this process.
MR. EILER said he would find out. He noted that the Municipality
of Anchorage uses peer review.
SENATOR MEYER asked how subcommittee members would be selected.
MR. EILER said the licensing entity would select the
subcommittees. He said he is working to refine that aspect of
the bill and it will be addressed differently in the forthcoming
CS.
CHAIR COSTELLO opened public testimony.
2:53:54 PM
JOHN KERR, representing himself, raised concerns with SB 118. He
said he is a licensed surveyor and appreciates any efforts to
expedite any process. However, the bill seems to have the
potential to provide substandard reviews. It creates a path for
the survey to bypass the expertise in DNR. The two-week timeline
doesn't take larger projects into consideration. He listed
examples, such as the Susitna Hydroelectric Project, the Knik
Arm Bridge, the Alaska Stand Alone Pipeline, and almost any road
project.
He concluded that SB 118 is cumbersome legislation that doesn't
provide protection to the public.
2:57:05 PM
CHAIR COSTELLO said she will consider his testimony and he is
welcome to provide written comments to her office.
2:57:29 PM
CHAIR COSTELLO held SB 118 in committee for further review.