Legislature(1999 - 2000)
03/01/2000 03:15 PM Senate RES
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SB 255-PUB.LAND PERMITS/HEALY-FAIRBANKS INTERTIE
CHAIRMAN HALFORD called the Senate Resources Committee meeting to
order at 3:15 and announced SB 255 to be up for consideration.
SENATOR PETE KELLY, sponsor, offered a proposed CS to address the
concerns expressed by committee members at a previous meeting about
the public notice Section 4(c). The proposed CS provides that if
the director determines, by evaluation of the nature and duration
of the intended use, that an easement or right-of-way issued under
this section will not be functionally revocable, the director shall
provide public notice before issuing the easement or right-of-way.
CHAIRMAN HALFORD asked if "functionally revocable" is the term the
court used.
SENATOR KELLY said that is correct.
SENATOR MACKIE asked if that Section complies with the
Constitution.
SENATOR KELLY responded yes.
CHAIRMAN HALFORD asked if that is the only change in the CS.
SENATOR KELLY indicated yes.
SENATOR LYDA GREEN moved to adopt the CS to SB 255, version H (1-
LS1245). There were no objections and it was so ordered.
Number 156
COMMISSIONER JOHN SHIVELY, Department of Natural Resources (DNR),
stated support for SB 255 and said the committee substitute is a
great improvement because of the public notice provisions, which
DNR would do anyway. It solves a problem because DNR interpreted
the law one way while the Supreme Court interpreted it in a
different way. The Supreme Court's interpretation would have
substantially increased DNR's workload by requiring best interest
findings for an undetermined number of decisions DNR makes on
temporary disposals, such as leases and right-of-way permits. The
law has been interpreted in the past the way this legislation
refines it and appropriate public notice is provided for.
CHAIRMAN HALFORD asked if it specifically regards the Intertie.
COMMISSIONER SHIVELY answered that, regarding the Intertie, DNR
actually used the federal EIS process because federal decisions
were made along with the State's decisions. DNR went through an
environmental assessment, an environmental impact study, and held
public hearings with the federal government. He held a public
hearing in Fairbanks, which was totally discretionary, so he
believes there was a fair amount of public notice. However, the
Supreme Court said DNR didn't issue a best interest finding.
SENATOR KELLY said he wanted it on the record that this bill
doesn't change the way DNR has done business in the past. If
anything, it enhances public notice.
COMMISSIONER SHIVELY added that the bill clarifies what DNR can do.
It gives DNR the discretion to use a best interest finding in
certain instances.
CHAIRMAN HALFORD commented that a best interest finding is not a
constitutional requirement but a public notice is.
COMMISSIONER SHIVELY said that is correct.
SENATOR MACKIE moved to pass CSSB 255(RES) from committee with
individual recommendations. There were no objections and it was so
ordered.
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