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.