03/14/2024 03:00 PM House STATE AFFAIRS

            HB 287-PUBLIC NOTICE FOR DISPOSAL/LEASE                                                                         
                                                                                                                                
3:08:41 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW  announced that the  first order of business  would be                                                               
HOUSE  BILL  NO. 287,  "An  Act  relating  to public  notice  for                                                               
certain state actions  and public hearings; and  providing for an                                                               
effective date."                                                                                                                
                                                                                                                                
3:09:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GEORGE  RAUSCHER,   Alaska  State   Legislature,                                                               
presented  HB 287,  as prime  sponsor   He  provided the  sponsor                                                               
statement for  HB 287 [included  in the committee  packet], which                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
     HB  287  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 reduce permit processing                                                                       
     timeframes.                                                                                                                
                                                                                                                                
3:11:18 PM                                                                                                                    
                                                                                                                                
CHRISTY  COLLES, Director,  Central Office,  Division of  Mining,                                                               
Land and  Water, Department of  Natural Resources,  reported that                                                               
the Department of  Natural Resources (DNR) supports HB  287.  She                                                               
said that the  bill addresses the current  requirements for water                                                               
use  applications to  be posted  in  newspapers.   She said  that                                                               
these requirements  take significant  time to coordinate.   Costs                                                               
to the applicant  can range between $500-$1,500 per  notice.  The                                                               
amendments  proposed for  HB 287  would align  with other  public                                                               
notice  requirements in  statute, more  widely distribute  public                                                               
notices,  save  money  for  the  applicant,  and  save  time  and                                                               
resources for the state.                                                                                                        
                                                                                                                                
3:12:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARRICK asked  about  the  current challenges  in                                                               
creating print publications, especially in rural communities.                                                                   
                                                                                                                                
3:13:25 PM                                                                                                                    
                                                                                                                                
RYAN MCKEE,  Staff, Representative George Rauscher,  Alaska State                                                               
Legislature,  responded that  some  challenges  include the  time                                                               
spent coordinating with publications  to determine which ones are                                                               
accessed in remote  areas.  Another challenge is the  cost to the                                                               
applicant;  a single  newspaper  advertisement  can cost  between                                                               
$500-$1,500 per  day.   A single day  advertisement is  a limited                                                               
window of time to provide notice.   A public notice system on the                                                               
state  website would  make it  easier  to notify  the public  for                                                               
longer periods of time with no cost.                                                                                            
                                                                                                                                
REPRESENTATIVE CARRICK  referenced page 5,  line 24 of  the bill,                                                               
which  read "published  or  broadcast", and  asked  if this  bill                                                               
helps  to  provide  notice  to  communities  who  lack  newspaper                                                               
coverage.                                                                                                                       
                                                                                                                                
MS.  COLLES  responded  that  notices  are  put  in  the  closest                                                               
newspaper available to  the community.  She said if  there is not                                                               
a  nearby newspaper,  notices are  put  in conspicuous  locations                                                               
such  as post  offices in  addition to  the online  public notice                                                               
website.  The newspaper requirement is difficult to coordinate.                                                                 
                                                                                                                                
REPRESENTATIVE CARRICK  asked what  efforts will  be made  by the                                                               
department for communities without access to online resources.                                                                  
                                                                                                                                
MS.  COLLES answered  that an  assessment would  need to  be made                                                               
based on community information.                                                                                                 
                                                                                                                                
3:18:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE C.  JOHNSON asked if  the notice would  still need                                                               
to be in a newspaper of usual circulation.                                                                                      
                                                                                                                                
MS. COLLES affirmed that there  is currently a requirement to put                                                               
a notice  in a  newspaper of  general circulation.   The  bill is                                                               
written  to say  that the  department must  put a  notice on  the                                                               
Alaska public notice system and may  also choose to include it in                                                               
a newspaper of circulation.                                                                                                     
                                                                                                                                
REPRESENTATIVE C. JOHNSON asked for  a definition of a "newspaper                                                               
of general circulation".                                                                                                        
                                                                                                                                
MS. COLLES responded with her  understanding that a "newspaper of                                                               
general  circulation"  would be  a  newspaper  within a  delivery                                                               
area.                                                                                                                           
                                                                                                                                
3:19:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAUSCHER  referred to  page 7, lines  22-24, which                                                               
stated  that  notices  may be  published  in  "other  appropriate                                                               
information media".                                                                                                             
                                                                                                                                
REPRESENTATIVE C.  JOHNSON offered his understanding  as a former                                                               
newspaper  publisher that  a "newspaper  of general  circulation"                                                               
indicates certified  circulation of over 5,000,  which eliminates                                                               
many  small-town  newspapers.    He expressed  his  concern  that                                                               
perhaps the only  way to reach some small  communities is through                                                               
online resources.                                                                                                               
                                                                                                                                
3:20:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY  expressed  her   concern  for  areas  with                                                               
limited or  no broadband.   She asked how the  department ensures                                                               
that notices  are adequately posted in  rural communities without                                                               
Internet access.   She  asked for  a list of  areas in  the state                                                               
that are without broadband.                                                                                                     
                                                                                                                                
MS. COLLES responded  that the department doesn't have  a list of                                                               
areas  without broadband  service.   She noted  other options  of                                                               
notifying  the  public  such  as  posting  notices  in  community                                                               
centers, libraries, and post offices.                                                                                           
                                                                                                                                
REPRESENTATIVE STORY  asked how notices are  documented to ensure                                                               
community members have received adequate notice.                                                                                
                                                                                                                                
MS. COLLES stated  that the department does its  best, though she                                                               
noted  the difficulty  of  reaching the  entire  community.   She                                                               
stated her  belief that the  online notification system  can help                                                               
to close the gaps.                                                                                                              
                                                                                                                                
REPRESENTATIVE  STORY  requested  a   list  of  areas  that  lack                                                               
broadband access for the purpose  of receiving notifications from                                                               
the department.                                                                                                                 
                                                                                                                                
3:23:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ALLARD asked if areas  with limited broadband also                                                               
have limited newspaper delivery.                                                                                                
                                                                                                                                
REPRESENTATIVE RAUSCHER  suggested that it may  be more difficult                                                               
to find a  newspaper in an area that lacks  broadband.  He echoed                                                               
Ms.  COlles'  statement  that  post offices  are  an  option  for                                                               
posting notices.                                                                                                                
                                                                                                                                
MS. COLLES  responded that  there are plenty  of areas  that lack                                                               
general  circulation newspapers.  In those  cases the  department                                                               
takes  extra  measures  to  post  notices  in  post  offices  and                                                               
community centers.                                                                                                              
                                                                                                                                
REPRESENTATIVE  ALLARD  offered her  support  for  HB 287.    She                                                               
commented that  many folks  in Alaska  are isolated  for personal                                                               
reasons and prefer not to be contacted.                                                                                         
                                                                                                                                
REPRESENTATIVE  CARRICK   noted  that  the  flexibility   of  the                                                               
legislation  is  valuable  and   reiterated  the  challenge  with                                                               
reaching out with notices to  communities that lack broadband and                                                               
newspaper  circulation.   She asked  if  DNR has  reached out  to                                                               
other  departments that  experience  similar  challenges and  may                                                               
benefit from similar legislation.                                                                                               
                                                                                                                                
REPRESENTATIVE  RAUSCHER  responded  with  his  expectation  that                                                               
other departments would find this bill of interest.                                                                             
                                                                                                                                
MR.   MCKEE   noted   that  the   Department   of   Environmental                                                               
Conservation  is  looking   into  electronic  notice  requirement                                                               
flexibility.                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARRICK  said there are entities  aside from state                                                               
departments  that  also  have   notice  requirements  that  could                                                               
benefit from the type of flexibility offered in HB 287.                                                                         
                                                                                                                                
3:27:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  C. JOHNSON  acknowledged that  there are  several                                                               
statewide  newspapers   but  asked   if  publishing   notices  in                                                               
newspapers with low circulation would qualify as notification.                                                                  
                                                                                                                                
MS. COLLES responded that if  it is the only newspaper available,                                                               
it would be used to fulfill the statutory requirement.                                                                          
                                                                                                                                
REPRESENTATIVE C. JOHNSON stated that  there are more people with                                                               
broadband access  than people who subscribe  to larger state-wide                                                               
newspapers.  He offered his support of HB 287.                                                                                  
                                                                                                                                
3:29:16 PM                                                                                                                    
                                                                                                                                
CHAIR SHAW announced that HB 287 was held over.