05/08/2025 03:30 PM Senate STATE AFFAIRS

             SB 166-NOTICE REQS. FOR STATE ACTIONS                                                                          
                                                                                                                                
4:12:15 PM                                                                                                                    
CHAIR KAWASAKI reconvened the meeting and announced the                                                                         
consideration of SENATE BILL NO. 166 "An Act relating to notice                                                                 
requirements for certain state actions."                                                                                        
                                                                                                                                
4:12:55 PM                                                                                                                    
JASON OLDS, Director, Division of Air Quality, Department of                                                                    
Environmental Conservation (DEC), Juneau, Alaska, presented SB
 on behalf of the administration read the following:                                                                         
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
        • This  bill is  closely  modeled after  legislation                                                                    
          passed by the Senate  during the 33rd Legislature,                                                                    
          which  unfortunately expired  on  the house  floor                                                                    
          before adjournment  on day 121 of  last year. Like                                                                    
          its  predecessor,  SB  166  seeks  to  update  and                                                                    
          modernize  longstanding  public  notice  practices                                                                    
          used   by   the   Departments   of   Environmental                                                                    
          Conservation (DEC) and Natural Resources (DNR).                                                                       
                                                                                                                                
        • The State is trying to  meet people where they are                                                                    
          efficient, and  without driving  up the  costs for                                                                    
          business.                                                                                                             
                                                                                                                                
        • In   the  year   we   have   seen  notable   print                                                                    
          circulation reduced to select days of the week.                                                                       
                                                                                                                                
        • While  we  know  some  populations  may  reply  on                                                                    
          print,  the largest  newspapers readership  is 90%                                                                    
          online.                                                                                                               
                                                                                                                                
        • This  bill  retains  flexibility for  print  where                                                                    
          appropriate without strictly requiring it.                                                                            
                                                                                                                                
        • SB 166 would amend  public notice requirements for                                                                    
          several  state actions,  including  those tied  to                                                                    
          land  use,  water  use, and  regulatory  processes                                                                    
         governed by the Administrative Procedure Act.                                                                          
                                                                                                                                
        • The  bill  does not  alter  the  substance of  any                                                                    
          permitting  or   regulatory  process.   It  simply                                                                    
          allows   state   agencies    to   fulfill   notice                                                                    
          obligations  through  the   Alaska  Online  Public                                                                    
          Notice System (OPNS),  with the optionrather  than                                                                    
          the requirementto use newspaper advertisements.                                                                       
                                                                                                                                
        • The bill also removes mandates for multiple print                                                                     
          publications or  geographically targeted newspaper                                                                    
          ads, allowing  agencies to assess  when additional                                                                    
          advertising is warranted.                                                                                             
                                                                                                                                
        • SB 166 seeks to reduce agency and private                                                                             
          business costs  and modernize the  state's current                                                                    
          system to align with trends in public engagement.                                                                     
                                                                                                                                
        • The pricing for public newspapers ranges from                                                                         
          $500 to $1,500, this depends  on the length of the                                                                    
          publication and the individual newspaper.                                                                             
                                                                                                                                
        • These costs are passed on to permit applicants                                                                        
          and  can  slow  down routine  permitting.  SB  166                                                                    
          helps  agencies  direct   limited  resources  more                                                                    
          efficiently.                                                                                                          
                                                                                                                                
4:15:33 PM                                                                                                                    
MR. OLDS provided the sectional analysis for SB 166 and read the                                                                
following sectional summary:                                                                                                    
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Section 1  AS 38.05.073(c)                                                                                               
     This  section updates  how  the  Department of  Natural                                                                    
     Resources  (DNR) gives  early public  notice when  it's                                                                    
     planning  to lease  land  for recreational  development                                                                    
     like campgrounds or public-use cabins.                                                                                     
                                                                                                                                
     Section 2  AS 38.05.073(e)                                                                                               
     Once DNR  is ready  to move  forward with  leasing land                                                                    
     for  recreational purposes,  this  section governs  how                                                                    
     they   notify  the   public  and   interested  parties.                                                                    
     Requires  all  requests  for  proposals  (RFPs)  to  be                                                                    
     posted on the OPNS.                                                                                                        
                                                                                                                                
     Section 3  AS 38.05.205(a)                                                                                               
     This section affects how DNR  announces the issuance of                                                                    
     mineral leases after a claim has been recorded.                                                                            
                                                                                                                                
     Section 4  AS 38.05.945(b)                                                                                               
     This  section   applies  to  a  variety   of  DNR  land                                                                    
     decisions   that  require   public   notice,  such   as                                                                    
     preliminary findings or other land use authorizations.                                                                     
                                                                                                                                
     Section 5  AS 44.62.175                                                                                                  
     This section adds land  and environmental notices under                                                                    
     Titles 38  and 46  to the list  of required  items that                                                                    
     must  be  posted on  the  Alaska  Online Public  Notice                                                                    
     System.                                                                                                                    
                                                                                                                                
     Section 6  AS 44.62.190(a)                                                                                               
     This  section updates  how agencies  notify the  public                                                                    
     when proposing new regulations or amendments.                                                                              
                                                                                                                                
4:16:30 PM                                                                                                                    
MR. OLDS continued with the sectional analysis for SB 166:                                                                      
                                                                                                                              
     Section 7  AS 44.62.190(f)                                                                                               
     This is a cleanup  section that modernizes expectations                                                                    
     around notice formatting.  It acknowledges that digital                                                                    
     communication   doesn't   require  a   formal   printed                                                                    
     "title."                                                                                                                   
                                                                                                                                
     Section 8  AS 44.62.245(b)                                                                                               
     When   agencies   incorporate  outside   documentslike                                                                     
     federal manualsinto   regulations, and  those documents                                                                    
     change,  the  public  must be  notified.  This  section                                                                    
     modernizes how those updates are shared.                                                                                   
                                                                                                                                
     Section 9  AS 44.62.300(b)                                                                                               
     This  section  helps  protect  agencies  from  lawsuits                                                                    
     based on  small technical  mistakes in  public notices                                                                     
     like an unclear subject line or missing formatting.                                                                        
                                                                                                                                
     Section 10  AS 46.03.110(b)                                                                                              
     This   section   affects    how   the   Department   of                                                                    
     Environmental  Conservation issues  public notices  for                                                                    
     waste disposal permits.                                                                                                    
                                                                                                                                
     Section 11  AS 46.15.065(b)                                                                                              
     This  section applies  when  DEC  reviews and  verifies                                                                    
     existing water rights  in a given area.  It updates the                                                                    
     required  notice process  to  include the  OPNS as  the                                                                    
     primary platform.                                                                                                          
                                                                                                                                
     Section 12  AS 46.15.133(b):                                                                                             
     This  section  modernizes  notice  procedures  when  an                                                                    
     agency proposes to use or sell water resources.                                                                            
                                                                                                                                
4:17:44 PM                                                                                                                    
CHAIR KAWASAKI expressed  a concern with Section 6 of  SB 166. He                                                               
noted  that   while  many  people   read  newspapers   online,  a                                                               
significant number  do not.  He asked  how the  commissioner will                                                               
decide whether to use online notices or local newspapers.                                                                       
                                                                                                                                
4:18:15 PM                                                                                                                    
MR.  OLDS  recommended  using  print  notices  for  rural  areas,                                                               
contentious issues,  or populations with limited  internet access                                                               
to ensure broad engagement. Federally  required plans, like PM2.5                                                               
State Implementation Plan (SIP)  are examples where this approach                                                               
is appropriate.                                                                                                                 
                                                                                                                                
4:19:17 PM                                                                                                                    
CHAIR KAWASAKI expressed concern  that controversial issues might                                                               
not reach  everyone if  published only  online, noting  that some                                                               
people do not use online systems.                                                                                               
                                                                                                                                
4:19:49 PM                                                                                                                    
SENATOR  WIELECHOWSKI asked  what  percentage  of Alaskans  would                                                               
have access to the online system.                                                                                               
                                                                                                                                
4:20:00 PM                                                                                                                    
MR. OLDS replied  that he has no data on  accessibility but noted                                                               
that  the system  can be  accessed  via cell  phones. Cell  phone                                                               
access has improved over the past  decade, as seen in places like                                                               
Yakutat, though no specific numbers are available.                                                                              
                                                                                                                                
4:20:38 PM                                                                                                                    
CHAIR KAWASAKI opened  public testimony on SB 166;  he found none                                                               
and kept public testimony open.                                                                                                 
                                                                                                                                
4:21:26 PM                                                                                                                    
CHAIR KAWASAKI held SB 166 in committee.