Legislature(2023 - 2024)BUTROVICH 205

04/19/2023 03:30 PM Senate RESOURCES

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Audio Topic
03:31:07 PM Start
03:32:20 PM Consideration of Governor Appointees
03:44:53 PM HJR11
03:55:20 PM SB68
04:08:22 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Consideration of Governor’s Appointees: Board
of Game: Stanley Hoffman, David Lorring
-- Public Testimony --
+= HJR 11 ADDRESS AIR POLLUTION IN FAIRBANKS TELECONFERENCED
Moved HJR 11 Out of Committee
-- Public Testimony --
+= SB 68 PUBLIC NOTICE FOR WATER RIGHTS TELECONFERENCED
Heard & Held
-- Invited Testimony --
Bills Previously Heard/Scheduled
**Streamed live on AKL.tv**
             SB  68-PUBLIC NOTICE FOR WATER RIGHTS                                                                          
                                                                                                                                
3:55:20 PM                                                                                                                    
CO-CHAIR  BISHOP   reconvened  the  meeting  and   announced  the                                                               
consideration of  SENATE BILL NO.  68 "An Act relating  to public                                                               
notice for  a sale,  appropriation, or removal  of water,  or for                                                               
filing a  declaration of a right  of water; and providing  for an                                                               
effective date."                                                                                                                
                                                                                                                                
He solicited a motion to adopt the committee substitute (CS).                                                                   
                                                                                                                                
3:55:30 PM                                                                                                                    
CO-CHAIR  GIESSEL moved  to adopt  the committee  substitute (CS)                                                               
for SB 68, work order 32-LS0412\U, as the working document.                                                                     
                                                                                                                                
3:55:41 PM                                                                                                                    
CO-CHAIR BISHOP  objected for purposes of  discussion and invited                                                               
Mr. Rivers to present the changes.                                                                                              
                                                                                                                                
3:55:55 PM                                                                                                                    
CO-CHAIR  GIESSEL explained  that  the CS  expanded the  original                                                               
bill to cover land and water  functions from both DNR and DEC. It                                                               
also provides  the option for newspaper  published public notices                                                               
in  addition  to the  Alaska  Online  Public Notice  System.  The                                                               
departments will  make the judgement  call as to which  notice to                                                               
use based on the audience.                                                                                                      
                                                                                                                                
CO-CHAIR  BISHOP  listed  the  individuals  available  to  answer                                                               
questions.                                                                                                                      
                                                                                                                                
3:57:27 PM                                                                                                                    
RYAN  RIVERS,   Staff,  Senator   Cathy  Giessel,   Alaska  State                                                               
Legislature,  Juneau,  Alaska,   presented  the  changes  between                                                               
version B and version U of SB 68.                                                                                               
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
                     Version B to version U                                                                                     
                                                                                                                                
     The CS changes are as follows:                                                                                             
                                                                                                                                
        1. The title of the bill changes to include all                                                                         
          public notices by departments.                                                                                        
                                                                                                                                
        2. Renumbers version B's section 1-3 to section 11-                                                                     
          13.                                                                                                                   
                                                                                                                                
        3. On pages 1-6 and on page 7, line 1-28, Version U                                                                     
          adds the following sections to the bill to amend                                                                      
          current statutes:                                                                                                     
                                                                                                                                
             a. Section 1 - allows public notice for                                                                            
               recreational  facility development  using the                                                                    
               Alaska Online  Public Notice  System or  by a                                                                    
               newspaper of  general circulation  within the                                                                    
               affected area.                                                                                                   
                                                                                                                                
             b. Section 2 - allows public notice for                                                                            
               soliciting     proposals     from     persons                                                                    
               interesting in leasing  land for recreational                                                                    
               facilities   development  using   the  Alaska                                                                    
               Online   Public  Notice   System   or  by   a                                                                    
               newspaper of  general circulation  within the                                                                    
               affected area.                                                                                                   
                                                                                                                                
             c. Section 3 - allows public notice for leasing                                                                    
               lands for  mining using Alaska  Online Public                                                                    
               Notice System,  or by a newspaper  of general                                                                    
               circulation within the affected area.                                                                            
                                                                                                                                
             d. Section 4 - allows public notice for related                                                                    
               land  functions under  this  statute via  the                                                                    
               Alaska Online  Public Notice  System or  by a                                                                    
               newspaper of  general circulation  within the                                                                    
               affected area, in addition  to other means as                                                                    
               required.                                                                                                        
                                                                                                                                
             e. Section 5 - allows public notice using the                                                                      
               Alaska  Online  Public  Notice  System  or  a                                                                    
               newspaper of  general circulation  within the                                                                    
               affected area, in addition  to other means as                                                                    
               required.                                                                                                        
                                                                                                                                
             f. Section 6 - strikes the word "written". g.                                                                      
               Section  7   -  strikes   language  regarding                                                                    
               public  notice in  a  newspaper  or trade  or                                                                    
               industry  publication  and related  language.                                                                    
               h.   Section  8   -  allows   public  notices                                                                    
               regarding   regulations    that   incorporate                                                                    
               documents or other  material by reference via                                                                    
               the  Alaska Online  Public Notice  System, or                                                                    
               by a newspaper  of general circulation within                                                                    
               the affected area. i. Section  9 - strike the                                                                    
               word "written".                                                                                                  
                                                                                                                                
             j. Section 10 - allow public notice for                                                                            
               inviting public  comment on a  general permit                                                                    
               via the  Alaska Online Public  Notice System,                                                                    
               or  by  a  newspaper of  general  circulation                                                                    
               within  the affected  area, for  a period  of                                                                    
               thirty days.                                                                                                     
                                                                                                                                
        4. Section 11, page 8, line 4-7, adds the option for                                                                    
          a newspaper  notice regarding public  waters; this                                                                    
          is in  addition to  the alternative  public notice                                                                    
          option  via   the  Alaska  Online   Public  Notice                                                                    
          System.                                                                                                               
                                                                                                                                
        5. Section 12, page 8, line 13-18, adds the option                                                                      
          for  a newspaper  notice regarding  public waters;                                                                    
          this  is in  addition  to  the alternative  public                                                                    
          notice option via the  Alaska Online Public Notice                                                                    
          System.                                                                                                               
                                                                                                                                
4:00:54 PM                                                                                                                    
CO-CHAIR BISHOP asked if there were questions.                                                                                  
                                                                                                                                
4:01:05 PM                                                                                                                    
SENATOR  KAWASAKI asked  whether  notices could  be  in both  the                                                               
newspaper and the online system.                                                                                                
                                                                                                                                
MR. RIVERS  replied that the  bill allows either  posting through                                                               
the  Online  Public  Notice  System or  a  newspaper.  He  didn't                                                               
believe it  would be contrary  to the bill  if an agency  were to                                                               
provide notice both ways.                                                                                                       
                                                                                                                                
CO-CHAIR BISHOP asked Crystal Koeneman to comment.                                                                              
                                                                                                                                
4:02:16 PM                                                                                                                    
CRYSTAL    KOENEMAN,   Legislative    Liaison,   Department    of                                                               
Environmental  Conservation (DEC),  Juneau,  Alaska, stated  that                                                               
the department would look at the  area and determine the best way                                                               
to  reach  the  affected  constituency   in  the  broadest  means                                                               
possible. If that means posting online  as well as in a newspaper                                                               
in the area, the department will have that discretion.                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI  asked what percentage of  notices currently                                                               
are posted on the Online Public Notice System.                                                                                  
                                                                                                                                
MS. KOENEMAN replied that all  of DEC's notices are posted online                                                               
and in the paper.                                                                                                               
                                                                                                                                
SENATOR  WIELECHOWSKI  asked if  the  department  would oppose  a                                                               
requirement to post on the Online Public Notice System.                                                                         
                                                                                                                                
MS. KOENEMAN replied  no, that's what DEC  currently does because                                                               
it reaches the broadest audience.                                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI  said his one  concern is that  without that                                                               
requirement, a future administration  may make a different policy                                                               
call. He also  expressed interest in accommodating  people who do                                                               
not have access to online publications.                                                                                         
                                                                                                                                
MS. KOENEMAN  restated that DEC  would look at the  affected area                                                               
to determine  the best  possible way  to reach  the constituency,                                                               
which may mean posting notices in a local newspaper.                                                                            
                                                                                                                                
4:04:53 PM                                                                                                                    
SENATOR CLAMAN voiced support for  limiting discretion and having                                                               
a  standard  for  publishing public  notices.  Options  could  be                                                               
available but they should be in addition to the standard.                                                                       
                                                                                                                                
CO-CHAIR  GIESSEL  explained that  the  original  bill moved  the                                                               
notices to  the Online Public  Notice System because  it provides                                                               
extensive  distribution  throughout the  state,  and  it is  less                                                               
expensive. Newspaper  editors objected to being  excluded and the                                                               
CS provides that option. She  acknowledged that a local newspaper                                                               
may  be  a  more  effective  means for  public  notices  in  some                                                               
rural/remote areas.                                                                                                             
                                                                                                                                
4:06:40 PM                                                                                                                    
CO-CHAIR BISHOP commented  on the advent of  low orbit satellites                                                               
and highlighted  that many  of his  constituents in  rural Alaska                                                               
are finding that service to their liking.                                                                                       
                                                                                                                                
4:07:37 PM                                                                                                                    
CO-CHAIR BISHOP removed his objection and version U was adopted.                                                                
                                                                                                                                
CO-CHAIR BISHOP stated he would hold SB 68 in committee.                                                                        

Document Name Date/Time Subjects
Board of Game Stanley Hoffman App.pdf SRES 4/19/2023 3:30:00 PM
Support Letters Stanley Hoffman.pdf SRES 4/19/2023 3:30:00 PM
Board of Game David Lorrring App + Resume.pdf SRES 4/19/2023 3:30:00 PM
Support Letters David Lorring.pdf SRES 4/19/2023 3:30:00 PM
SB 68 CS WORKDRAFT Version U 04.19.23.pdf SRES 4/19/2023 3:30:00 PM
SB 68
SB 68 Sponsor Statement ver. U 04.18.23.pdf SRES 4/19/2023 3:30:00 PM
SB 68
SB 68 Explanation of Changes ver. B to U 04.19.23.pdf SRES 4/19/2023 3:30:00 PM
SB 68
SB 68 Sectional Analysis ver. U 04.19.23.pdf SRES 4/19/2023 3:30:00 PM
SB 68
SB 68 Public Testimony through 04.18.23.pdf SRES 4/19/2023 3:30:00 PM
SB 68