Legislature(1997 - 1998)
04/09/1997 01:38 PM Senate CRA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE COMMUNITY & REGIONAL AFFAIRS COMMITTEE
April 9, 1997
1:38 p.m.
MEMBERS PRESENT
Senator Jerry Mackie, Chairman
Senator Gary Wilken, Vice Chairman
Senator Dave Donley
Senator Randy Phillips
Senator Lyman Hoffman
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 98
"An Act relating to the conveyance of certain isolated tracts of
state land to boroughs and unified municipalities; and providing
for an effective date."
- HEARD AND HELD
HOUSE BILL NO. 106
"An Act relating to the municipal assistance program and the
organization grant program; and providing for an effective date."
- MOVED HB 106 OUT OF COMMITTEE
PREVIOUS SENATE COMMITTEE ACTION
SB 98 - See Community & Regional Affairs minutes dated 3/19/97.
HB 106 - No previous action to record.
WITNESS REGISTER
Mike Tibbles, Staff to Representative Gene
Therriault
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Offered information on HB 106
Ms. Kim Metcalfe-Helmar, Special Assistant
Department of Community & Regional Affairs
P.O. Box 112100
Juneau, AK 99811-2100
POSITION STATEMENT: Testified in support of HB 106
Ms. Annette Kreitzer, Staff to Senator Loren Leman
State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Explained changes in CSSB 98(CRA)
Gary Gustafson, Director
Heritage Land Bank
Municipality of Anchorage
P.O. Box 196650
Anchorage, AK 99519
POSITION STATEMENT: Testfied in support of CSSB 98(CRA)
Ms. Jane Angvik, Director
Division of Land
Department of Natural Resources
3601 C St., Suite 1122
Anchorage, AK 99503-5947
POSITION STATEMENT: Outlined department's concerns with
CSSB 98(CRA)
Steve Cypra
Matanuska-Susitna Planning Dept.
Matanuska-Susitna Borough
350 E. Dahlia
Palmer, AK 99645
POSITION STATEMENT: Testifed in support of CSSB 98(CRA)
Sam Kito, Legislative Liaison
Department of Transportation & Public Facilities
3132 Channel DR
Juneau, AK 99801-7898
POSITION STATEMENT: Department has concerns with CSSB 98(CRA)
ACTION NARRATIVE
TAPE 97-15, SIDE A
Number 001
CHAIRMAN MACKIE called the Senate Community & Regional Affairs
Committee meeting to order at 1:38 p.m., and noted the presence of
Senators Phillips, Hoffman, Wilken, Donley and Mackie.
HB 106 MUNICIPAL ASSISTANCE/ORGANIZATION GRANTS
CHAIRMAN MACKIE brought HB 106 before the committee as the first
order of business.
MIKE TIBBLES , staff to Representative Gene Therriault, explained
the legislation was introduced as part of a package of housekeeping
bills intended to clear up nearly 30 inactive and zero balance
funds that were identified by Representative Terry Martin.
Mr. Tibbles said in some cases the funds were tied to active
programs. The municipal assistance fund and the organization
grant fund are both active programs, and HB 106 changes the word
"fund" to "program," deleting the zero balance and inactive fund,
but leaving the program in tact.
Number 048
KIM METCALFE-HELMAR , Special Assistant, Office of the Commissioner,
Department of Community & Regional Affairs, voiced the department's
support for HB 106.
Number 051
SENATOR WILKEN moved HB 106 be passed out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
Number 055
SB 98 CONVEY LAND TO MUNICIPALITIES/BOROUGHS
CHAIRMAN MACKIE brought SB 98 back before the committee. He said
Senator Leman's staff worked on a proposed committee substitute
which was before the committee for its consideration.
SENATOR PHILLIPS moved the adoption of CSSB 98(CRA), version "B."
Hearing no objection, it was so ordered.
Number 065
ANNETTE KREITZER , staff to Senator Leman, explained that at the
previous hearing on the legislation there was concern with giving
the director additional authority so throughout the committee
substitute the designation has been changed from the director to
the commissioner of natural resources.
At the request of the Fairbanks North Star Borough, the term
"vacant, unappropriated, unreserved land" has been replaced with
the term "state land." The change was requested because the
borough was interested in land that doesn't meet the definition of
"vacant, unappropriated, unreserved land." Also added was a
definition of "isolated land tracts" to help define the request.
The words "boroughs and unified" have been deleted throughout the
bill because the intent is for the bill to apply to municipalities.
Ms. Kreitzer, speaking to the definition of "isolated land tracts,"
said the tracts must now be not in a statutorily designated area,
and they are not to be selected in fulfillment of the general grant
land entitlement under Title 29. They have to be 640 acres or
smaller, and not contiguous to other state land, or they have to be
larger than 640 acres and be contiguous to municipal land.
Requirements have been added in the committee substitute that the
tracts be conveyed only to a municipality where the general grant
land entitlement has bee fulfilled. Under this program,
municipalities may only receive up to 15 percent more than their
general grant land entitlement.
Number 119
CHAIRMAN MACKIE asked if the concern raised by the Department of
Transportation & Public Facilities relating to airport rights-of-
way, as well as a concern by committee members relating to "fair
market value" have been addressed in the committee substitute. MS.
KREITZER replied that it was requested that if DOT has specific
concerns that they be conveyed to the sponsor in writing and
explain specifically where the legislation hinders their ability to
manage their land, but this has not been received yet. Relating to
the market value question, she said they have not been able to come
up with language to address that concern.
Number 195
GARY GUSTAFSON , Director, Heritage Land Bank, Municipality of
Anchorage, testifying from Anchorage, said he has reviewed the
committee substitute and believes it is a good attempt to capture
concerns that were voiced at the previous hearing on the bill.
CHAIRMAN MACKIE asked Mr. Gustafson for his comments on the fair
market value concerns brought up by the committee. MR. GUSTAFSON
replied that the municipality would be responsive to specific
language on fair market value, but he pointed out the bill does
include a requirement for a best interest finding, and he suggested
that if the Department of Natural Resources decided that there
needed to be payment or other kind of evaluation associated with
these land transfers, they could make that a condition of the title
transfer.
Number 230
JANE ANGVIK , Director, Division of Lands, Department of Natural
Resources, testifying from Anchorage, directed attention to page 1,
line 6, and said replacing "unified municipalities and boroughs"
with "municipalities" would, from a work standpoint, increase the
number of municipalities that are eligible from 16 to 44, and there
is some concern that this could add to an already significant
backlog with municipal entitlement requests from municipalities
that have yet to fulfill their entitlements.
Ms. Angvik also noted the committee substitute deletes the phrase
"vacant, unappropriated, unreserved state land" was deleted, and
the concern was that those are the only kinds of land that are
currently available for municipal organizations to select from.
Ms. Angvik, addressing the requirement that municipalities may only
receive up to 15 percent more than their general grant land
entitlement, said the division's concern is that this requirement
would set up an expectation on the part of the municipalities that
they would be able to automatically get an extra 15 percent over
their existing entitlements. The division would prefer to define
the term "isolated land tract" in such a manner that would
specifically describe what it is and delete the reference to the 15
percent over selection. She suggested that the definition for an
"isolated land tract" should be "a parcel of vacant,
unappropriated, unreserved state land that is 40 acres or smaller."
Number 265
STEVE CYPRA , representing the Matanuska-Susitna Planning Department
and testifying from the Mat-Su LIO, voiced their support for SB 98
because they believe it will contribute to more efficient land
management practices on both the local and state levels. It is a
logical approach to land ownership patterns and an equitable way to
solve some persistent problems that their local government has
experienced for many years.
Number 300
SAM KITO , Legislative Liaison/Special Assistant, Department of
Transportation and Public Facilities, stated the department
supports the concerns outlined by Ms. Angvik of the Department of
Natural Resources. He suggested there are mechanisms in place by
which land can be transferred to these municipalities should they
desire it.
Number 306
CHAIRMAN MACKIE suggested that Mr. Kito and Ms. Angvik submit their
concerns to the sponsor of the legislation and work with his office
to see if they can be resolved, and if there was no objection from
the committee, moving the bill on to the Resources Committee. He
further suggested to Ms. Kreitzer that the sponsor may want to
consider as an option legislation that is just specific to the
needs of the Municipality of Anchorage.
SENATOR WILKEN moved CSSB 98(CRA) be passed out of committee with
individual recommendations.
Number 320
SENATOR HOFFMAN suggested that the work on the legislation should
be done in the Community & Regional Affairs Committee because the
Resources Committee has a considerable backlog so the bill would
have less chance of passage this session.
After further discussion on the motion to move the bill out of
committee and concerns raised by the departments and committee
members, SENATOR WILKEN withdrew his motion. CHAIRMAN MACKIE
stated the bill would back before the committee at its next
meeting.
There being no further business to come before the committee, the
meeting adjourned at 2:06 p.m.
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