Legislature(2023 - 2024)BARNES 124
02/23/2024 01:00 PM House RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| HJR20 | |
| HB296 | |
| HB282 | |
| HB223 | |
| HB177 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 177 | TELECONFERENCED | |
| += | HB 281 | TELECONFERENCED | |
| += | HB 296 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | HB 223 | TELECONFERENCED | |
| += | HB 282 | TELECONFERENCED | |
| *+ | HJR 20 | TELECONFERENCED | |
HB 282-STATE LAND: DISPOSAL/SALE/LEASE/RESTRICT
2:14:16 PM
CHAIR MCKAY announced that the next order of business would be
HOUSE BILL NO. 282, "An Act relating to access roads; relating
to state land; relating to contracts for the sale of state land;
relating to the authority of the Department of Education and
Early Development to dispose of state land; relating to the
authority of the Department of Transportation and Public
Facilities to dispose of state land; relating to the authority
of the Department of Natural Resources over certain state land;
relating to the state land disposal income fund; relating to the
sale and lease of state land; relating to covenants and
restrictions on agricultural land; and providing for an
effective date."
2:14:48 PM
BRENT GOODRUM, Deputy Commissioner, Department of Natural
Resources (DNR), presented opening remarks for HB 282, state
land disposals. He explained the state manages over 100 million
acres of land within the state and 65 million acres of tideland
belonging to citizens of the state of Alaska. This legislation
[HB 282] would serve to cut red tape; create flexibility and
responsiveness within state departments; and open additional
opportunities for everyday Alaskans. The bill would streamline
land transfer functions from the state that would allow the
Department of Transportation and Public Facilities and the
Department of Education and Early Development to directly
transfer lands no longer needed for their original purposes to
private parties. The bill would also work to create flexible
leasing requirements; incorporate adaptable road standards; and
provide necessary financial support for the development of state
lands in preparation for sales to Alaskans. The legislation
would also help facilitate commercial sales by introducing a new
statute for land leasing and sales and would enable expanded
agricultural use to be inclusive of land activities such as bed
and breakfasts to offset agricultural costs. The result opens
lands for the use of everyday Alaskans.
2:17:15 PM
CHRISTY COLLES, Director, Division of Mining, Land, and Water,
Alaska Department of Natural Resources, on behalf of the
sponsor, House Rules by request of the governor, gave a
PowerPoint presentation, titled "HB 282 State Land:
Disposal/Sale/Lease/Restrict," [hardcopy included in the
committee packet]. She presented slide 1, "Overview," which
read as follows [original punctuation provided]:
• Authorize the Department of Education & Early
Development (DEED) and the Department of
Transportation & Public Facilities (DOT&PF) to
directly dispose of surface land, rather than
transferring land to the Department of Natural
Resources (DNR) for conveyance
• Increase the cap on the Land Disposal Income Fund
(LDIF)
• Update and improve provisions relating to DNR's land
disposal procedures in AS 19.30, AS 38.04, AS 38.05
• Amends agricultural use restrictions
• Add a new statute relating to leases and sales of
land for commercial development
MS. COLLES moved to slide 2, "Authority for Direct Disposal of
State Land," which read as follows [original punctuation
provided]:
• Proposed amendments allow the Department of
Education and Early Development (amending AS
14.07.030) and Department of Transportation & Public
Facilities (amending AS 35.20.070) to sell land
directly to private parties
Streamlining land disposals, reducing multi-agency
involvement
Expanding eligible recipients beyond federal, state
agencies, and political subdivisions
MS. COLLES said the amendments would streamline the conveyance
of land by removing a duplicative multi-agency process. Two
recent examples where the Department of Education and Early
Development (DEED) has transferred title to DNR for conveyance
to a third party are Japonski Island in Sitka and Telephone Hill
in Juneau. Public notices and other regulations would still
apply to such conveyances.
2:19:47 PM
REPRESENTATIVE MEARS questioned what mechanisms DEED and the
Department of Transportation & Public Facilities (DOT&PF) use
for taking over and selling land.
MS. COLLES pointed out that the lands in question would be very
specific. She deferred to Lori Weed of DEED and Heather
O'Claray of DOT&PF for additional information.
2:20:40 PM
HEATHER O'CLARAY, Chief, State Right of Way, Division of
Statewide Design and Engineering Services, Department of
Transportation & Public Facilities, responded to Representative
Mears' question by briefly describing the department's existing
authority for disposing of properties, specifically facilities
properties.
REPRESENTATIVE MEARS questioned whether a separate fiscal note
was needed rather than a line item in the bill's fiscal note.
MS. O'CLARAY explained that currently DOT&PF has existing
regulations, and this falls withing their purview.
2:22:46 PM
LORI WEED, Acting Facilities Manager, School Finance and
Facilities Section, Department of Education and Early
Development, explained that DEED has existing authority to
dispose of land parcels to certain entities; the department has
someone on staff who deals with conveyance of properties.
2:23:38 PM
MS. COLLES continued with the next slide, "Land Disposal Income
Fund (LDIF)," which read as follows [original punctuation
provided]:
• The LDIF holds deposits from the state land disposal
program
• Under current law, the portion of the fund in excess
of $5 million is to be deposited in the state general
fund
• The bill raises state land disposal income fund cap
from $5 million to $12 million
• Boosts spending authority for larger projects
• Addresses inflation since 2000; cap unchanged for 20
years
• Adjustment to funding cap, not appropriation
• Department can request limit increase in annual
report
2:24:47 PM
REPRESENTATIVE SADDLER clarified that this does not represent a
new appropriation but rather just a larger account that money
can go into. He asked what the most immediate impact of
expanding the Land Disposal Income Fund (LDIF) would be.
MS. COLLES agreed about the fund and explained that it was an
initial step for growth.
2:25:52 PM
MS. COLLES returned to the PowerPoint and moved to slide 5,
"Agricultural Land Lease and Sale Procedures," which read as
follows [original punctuation provided]:
• Amendment to AS 38.05.321 allows broader use of
agricultural land and improvements
• Currently an agricultural landowner can only use the
land for purposes that are incidental to and not
inconsistent with agricultural land
• Proposed amendment would now allow an agricultural
landowner to use land for purposes that are consistent
with and do not interfere with the primary purpose
2:26:33 PM
REPRESENTATIVE MEARS asked where the income from selling land
would go into the LDIF. She questioned how using the LDIF met
the appropriations standards.
MS. COLLES explained how the LDIF worked.
MR. GOODRUM provided additional information regarding the LDIF
and appropriations.
2:28:44 PM
REPRESENTATIVE RAUSCHER asked about the reasons for changing the
cap from $5 million to $12 million.
MS. COLLES described the reverse sweep in fiscal year 2022 (FY
22) and how the money listed is an adjustment to the funding cap
rather than an appropriation.
REPRESENTATIVE RAUSCHER asked whether $12 million would be spent
in a year.
MS. COLLES responded that it would depend and described how the
LDIF is similar to a bank account.
2:31:01 PM
MS. COLLES presented slide 6, "Agricultural Land Lease and Sale
Procedures," which read as follows [original punctuation
provided]:
• Amendment to AS 38.05.321 allows broader use of
agricultural land and improvements
• Currently an agricultural landowner can only use the
land for purposes that are incidental to and not
inconsistent with agricultural land
• Proposed amendment would now allow an agricultural
landowner to use land for purposes that are consistent
with and do not interfere with the primary purpose
MS. COLLES continued with slide 7, "Access Road Construction,"
which read as follows [original punctuation provided]:
• Amends AS 19.30.080 to specify that access roads to
surface disposals may be developed at a pioneer
standard
Clarifying language on right-of-way widths within
municipal boundaries
Align with municipal zoning requirements to the same
extent as private developers
MS. COLLES moved to slide 8, "Land Sale Procedures," which read
as follows [original punctuation provided]:
• Land sale disposal contracts
Longer purchase terms from 20 years to 30 years
Consistency in terms from "Foreclosure" to
"Termination"
Allows for paid in full purchase when existing
infrastructure would increase liability of financing a
land sale purchase contract
2:32:56 PM
REPRESENTATIVE RAUSCHER asked about the use of the term
"termination" rather than "foreclosure" of contracts and whether
DNR has terminated contracts.
MS. COLLES explained how DNR contracts differ from banking
contracts and confirmed that the department has terminated
contracts.
MS. COLLES advanced to slide 8, "Survey Requirements for
Leases," which read as follows [original punctuation provided]:
• Discretion of cadastral surveys for long-term leases
Survey could be required where infrastructure
boundaries or access
management is in the best interest of the state
Reduces the financial and administrative burden on
industries
Industry is challenged by current requirements
• Ex: Renewable energy projects, grazing leases
2:34:36 PM
REPRESENTATIVE MEARS commented about the accuracy of satellite
surveys and inquired about setbacks and whether there is a
buffer to reduce conflicts.
MS. COLLES answered that there is nothing in statute that
addresses such a buffer, but it is something that could be done
by statute or regulation. A description of commercial and
public development was continued with slide 9, "Land for
Commercial Development," which read as follows [original
punctuation provided]:
• Stimulate economic development
• Offers land for leasing, and sale, by requesting
proposals
For state land identified or nominated as a
Qualified Opportunity Zone
For state land nominated by the public
• Land nominated cannot exceed 640 acres
For any other state land the commissioner deems
appropriate for commercial development
• Nominated land may need to be reclassified
Provide additional public notice beyond normal AS
38.05.945
2:37:40 PM
REPRESENTATIVE MEARS inquired about state land nominated for the
public and what process private individuals would use.
MS. COLLES described how the nomination process for commercial
development would work and what would happen if there was
competition for a parcel.
2:39:06 PM
MS. COLLES presented the sectional analysis of HB 282, slides 10
through 13, which read as follows [original punctuation
provided]:
• Section 1: Amends AS 14.07.030 to expand authority
for land disposals for Dept. of Education and Early
Development
• Section 2: Amends AS 19.30.080 for access road
development related to surface disposals within a
municipal boundary
• Section 3: Reenacted authority to Dept. of
Transportation & Public Facilities to expand authority
to vacate and dispose of land
• Section 4: Raises state land disposal income fund
cap from $5 million to $12 million
• Section 5: Removes the requirement of a cadastral
survey for a long-term lease under AS 38.05.070
• Section 6: Grants the commissioner discretion to
require a cadastral survey for a long-term lease
issued under AS 38.05.070
• Section 7: Repeals and reenacts AS 38.05.055 to
clarify requirements for public auction or sealed bid
as the default methods for sale of state land
• Section 8: Amends AS 38.05.065(a) to allow a longer
term of 30 years for contracts
• Section 9-12: Updates AS 38.05.065(c), (d), and (f)
with consistent industry terms
• Section 13: Amends AS 38.05.065(h) for consistency
in land sale disposals
• Section 14: Adds new section (j) to AS 38.05.065 for
consistency in land sale disposals and new section (k)
to reduce liability to the state
• Section 15: Adds new section to AS 38.05 (AS
38.05.086) for nomination, lease, and sale of land for
commercial development
• Section 16: Amends AS 38.05.321 to expand allowable
uses on conveyed agricultural land
• Section 17: Amends AS 38.05.965 to include term
definitions
• Section 18: Repeals AS 38.05.065(b) to conform with
updates in previous section 13
• Section 19: Provides immediate effective date
2:43:21 PM
REPRESENTATIVE RAUSCHER asked how many land disposal programs
the state has currently.
MS. COLLES replied that there were two land sales currently. In
response to a follow-up question, she explained that none of the
lands for sale were Mental Health Trust Land.
MS. COLLES presented the fiscal note on slide 14, which read as
follows [original punctuation provided]:
• FY 2025 $655.4 (5 positions)
• Two Permanent Full-Time Natural Resource Specialists
3
• Two Permanent Full-Time Natural Resource Specialist
2
• One Permanent Full-Time Appraiser 1
These positions will support timely adjudication of
the expanded Land Sales with Commercial Development
program applications
• FY 2026-2030 $630.4 annually
2:45:20 PM
CHAIR MCKAY announced an amendment deadline of February 27.
2:45:54 PM
CHAIR MCKAY announced that HB 282 was set aside.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HJR 20 Sponsor Statement.pdf |
HRES 2/19/2024 1:00:00 PM HRES 2/23/2024 1:00:00 PM |
HJR 20 |
| HB 296 Clean-up CS.pdf |
HRES 2/23/2024 1:00:00 PM |
HB 296 |
| HB282.Ver.A.Sectional Analysis.2.2.24.pdf |
HRES 2/23/2024 1:00:00 PM HTRA 2/6/2024 1:00:00 PM |
HB 282 |
| HB282.VerA.FiscalNote.DEED.2.2.24.pdf |
HRES 2/23/2024 1:00:00 PM HTRA 2/6/2024 1:00:00 PM |
HB 282 |
| HB282.VerA.FiscalNote.DNR2.2.24.pdf |
HRES 2/23/2024 1:00:00 PM HTRA 2/6/2024 1:00:00 PM |
HB 282 |
| HB282.VerA.SponsorStmt.2.2.24.pdf |
HRES 2/23/2024 1:00:00 PM HTRA 2/6/2024 1:00:00 PM |
HB 282 |
| HB 282, SB 199 State Land_Disposal_Sale_ Briefing Paper 02.06.2024.pdf |
HRES 2/23/2024 1:00:00 PM HTRA 2/6/2024 1:00:00 PM |
HB 282 SB 199 |
| HB 282 Transmittal Letter State Land Disposal without enclosures 01.22.24.pdf |
HRES 2/19/2024 1:00:00 PM HRES 2/23/2024 1:00:00 PM |
HB 282 |
| HB 282 DNR State Land_Disposal_Sale_Lease_Restrict Presentation 02.19.24.pdf |
HRES 2/19/2024 1:00:00 PM HRES 2/23/2024 1:00:00 PM |
HB 282 |
| HB 223 CS.pdf |
HRES 2/19/2024 1:00:00 PM HRES 2/23/2024 1:00:00 PM |
HB 223 |
| HB 177 Committee Substitute.pdf |
HRES 2/23/2024 1:00:00 PM |
HB 177 |
| HB 296 HRES Amendment Packet.pdf |
HRES 2/23/2024 1:00:00 PM |
HB 296 |
| HB 296 DNR Responses to HRES Questions 02.15.2024.pdf |
HRES 2/23/2024 1:00:00 PM |
HB 296 |
| HB 223 Summary of Changes (B to S).pdf |
HRES 2/23/2024 1:00:00 PM |
HB 223 |
| HJR 20 Alaska Delegation Letter on OIRA NPR-A Review.pdf |
HRES 2/23/2024 1:00:00 PM |
HJR 20 |
| HB 177 Summary of Changes ver. A to ver. B.pdf |
HRES 2/23/2024 1:00:00 PM |
HB 177 |
| HJR 20 Supporting Document NPR-A Working Group Resolution Requesting NEPA Analysis 2.6.24.pdf |
HRES 2/23/2024 1:00:00 PM |
HJR 20 |
| HJR 20 Letter of Support ICAS NSB ASRC Final 02.16.2024.pdf |
HRES 2/23/2024 1:00:00 PM |
HJR 20 |