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--- version:SB 166+++ version:(document, no version)@@ -1,304 +1,65 @@-SB0166A -1- SB 166- New Text Underlined [DELETED TEXT BRACKETED]--34-GS1506\A-- SENATE BILL NO. 166--IN THE LEGISLATURE OF THE STATE OF ALASKA--THIRTY-FOURTH LEGISLATURE - FIRST SESSION--BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR--Introduced: 4/9/25-Referred: State Affairs, Resources--A BILL--FOR AN ACT ENTITLED--"An Act relating to notice requirements for certain state actions." 1-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2- * Section 1. AS 38.05.073(c) is amended to read: 3-(c) If the commissioner identifies land for recreational facil ities development 4-leasing under (a) of this secti on, at least 30 days before the commissioner decides to 5-solicit proposals from potential lessees, the commissioner shal l provide public notice 6-of the location and the specific type of recreational facilitie s development being 7-considered and request comments. The notice shall be provided to (1) a municipality if 8-the land is entirely or partially within the boundaries of the municipality; (2) a regional 9-corporation organized under 43 U.S.C. 1601 et seq. (Alaska Nati ve Claims Settlement 10-Act) if the boundaries of the corporation established by 43 U.S .C. 1606(a) encompass 11-part or all of the land and the land encompassed by the corpora tion's boundaries is 12-entirely or partially outside the municipality; (3) a village c orporation organized under 13-43 U.S.C. 1607 [43 U.S.C. 1601] if all or part of the land is within 40 miles of the-14-village for which the corporation was established and the land is located entirely or 15- 34-GS1506\A-SB 166 -2- SB0166A- New Text Underlined [DELETED TEXT BRACKETED]--partially outside a municipality; (4) other persons affected by the specific recreational 1-facility development; and (5) persons who have specifically req uested to be notified. 2-Public notice identifying the location and the specific type of recreational facilities 3-development under consid eration must also be posted on the Alaska Online Public 4-Notice System (AS 44.62.175). When a ppropriate in the judgment of the 5-commissioner, notice may also be published [AT LEAST TWICE] in a newspaper of 6-general circulation in the state and in a local newspaper in ge neral circulation in the 7-region where the land is located. The comments received under t his subsection 8-become part of the public record for the consideration of the commissioner. 9- * Sec. 2. AS 38.05.073(e) is amended to read: 10-(e) After preparing a request f or proposals under (d) of this section, the 11-commissioner may issue the request to solicit proposals from pe rsons who are 12-interested in leasing the land for recreational facilities deve lopment. The request for 13-proposals must be posted on the Alaska Online Public Notice System 14-(AS 44.62.175). When approp riate in the judgment of the commiss ioner, notice 15-may also be published [ADVERTISED AT LEAST THREE TIMES] in a newspaper 16-of general circulation in the state and in a local newspaper in general circulation in the 17-region where the land is located. The proposals submitted to th e commissioner must 18-include the specific facts on which the potential lessee bases its ability to develop the 19-land, including its ability to comp ly with the items identified in (d)(1) - (4) of this 20-section. 21- * Sec. 3. AS 38.05.205(a) is amended to read: 22-(a) Prior discovery, location, and recording shall initiate prior rights to mineral 23-deposits subject to AS 38.05.185 - 38.05.275 in or on state lan d, other than submerged 24-land, which is open to mining l easing. Locations shall be made and certificates of 25-location recorded in accordance with AS 38.05.195. If the locat ed land is available 26-only for leasing, the director shall post notice of the recording of the location and 27-notice that a mineral lease will be issued on the Alaska Online Public Notice 28-System (AS 44.62.175). When appropriate in the judgment of the director, the 29-director may also publish the notice [PUBLISH] in a paper of general circulation in 30-t h e a r e a o f t h e l o c a t i o n [ , N O T I C E O F T H E R E C O R D I N G O F T H E L O C ATION 31- 34-GS1506\A-SB0166A -3- SB 166- New Text Underlined [DELETED TEXT BRACKETED]--AND NOTICE THAT A MINERAL LEASE WILL BE ISSUED]. The notice may be 1-combined with notices of locations either in the same general area or statewide. Unless 2-a conflicting location exists, not [NO] later than two weeks after publication of the 3-notice, an application form for a mining lease shall be mailed to the locator by the 4-director. A lease application shall be filed with the director by the locator within 90 5-days after receipt of the form. If the located land is not avai lable for leasing, notice 6-shall be given the locator by the director and the locator's pr ior rights shall terminate. 7-A mining lessee has the exclusive rights of possession and extr action of all minerals 8-subject to AS 38.05.185 - 38.05.275 lying within the boundaries of the lease or 9-location. Mining leases may be issued for one location or for a group of contiguous 10-locations held in common. Minerals may not be mined and markete d or used until a 11-lease is issued, except for limited amounts necessary for sampling or testing. 12- * Sec. 4. AS 38.05.945(b) is amended to read: 13-(b) When notice is required to be given under this section, 14-(1) the notice must contain sufficient information in commonly 15-understood terms to inform the public of the nature of the acti on and the opportunity 16-of the public to comment on it; 17-(2) if the notice is of a preliminary written finding describe d in 18-(a)(3)(A) of this section, the department shall give notice at the beginning of the public 19-comment period for the preliminary written finding, notifying the public of the right to 20-submit comments; the department shall give notice by [(A)] post ing the notice on the 21-Alaska Online Public Notice System (AS 44.62.175) for at least 30 consecutive days; 22-the department may also give notice by one or more of the following methods: 23-(A) [ ( B ) P U B L I C A T I O N O F A N O T I C E I N D I S P L A Y 24-ADVERTISING FORM DESCRIBING THE PROPOSED ACTION AND 25-REFERENCING THE ONLINE NOTICE REQUIRED IN (A) OF THIS 26-PARAGRAPH IN NEWSPAPERS OF STATEWIDE CIRCULATION AND 27-IN NEWSPAPERS OF GENERAL CIRCULATION IN THE VICINITY OF 28-THE PROPOSED ACTION, IF AVAILABLE, AT LEAST ONCE A WEEK 29-FOR TWO CONSECUTIVE WEEKS; 30-(C)] public service announcemen ts on the electronic media 31- 34-GS1506\A-SB 166 -4- SB0166A- New Text Underlined [DELETED TEXT BRACKETED]--serving the area to be affected by the proposed action; 1-(B) [AND (D) ONE OR MORE OF THE FOLLOWING 2-METHODS: 3-(i)] publication of a [LEGAL] notice in display 4-advertising form in newspapers of statewide circulation or in 5-newspapers of general circulation in the vicinity of the proposed action; 6-(C) [, IF AVAILABLE, AT LEAST ONCE A WEEK FOR 7-TWO CONSECUTIVE WEEKS; 8-(ii)] posting in a conspicuous l ocation in the vicinity of 9-the action; 10-(D) [(iii)] notification of parties known or likely to be affected 11-by the action; or 12-(E) [(iv)] another method calculated to reach affected parties; 13-(3) if the notice is of an action described in (a) of this sec tion, other 14-than notice of an action under (a)(3)(A) of this section, the d epartment shall give 15-notice at least 30 days before the action by posting the notice on the Alaska Online 16-Public Notice System (AS 44.62.175) for at least 30 consecutive days and by one or 17-more of the following methods: 18-(A) publication of a notice in display advertising form 19-describing the proposed action and referencing the online notic e required in 20-this paragraph in newspapers of statewide circulation and in ne wspapers of 21-general circulation in the vicin ity of the proposed action, if available [, AT 22-LEAST ONCE A WEEK FOR TWO CONSECUTIVE WEEKS]; 23-(B) publication through public service announcements on the 24-electronic media serving the area affected by the action; 25-(C) posting in a conspicuous lo cation in the vicinity of the 26-action; 27-(D) notification of parties know n or likely to be affected by the 28-action; or 29-(E) another method calculated to reach affected persons. 30- * Sec. 5. AS 44.62.175(a) is amended to read: 31- 34-GS1506\A-SB0166A -5- SB 166- New Text Underlined [DELETED TEXT BRACKETED]--(a) The lieutenant governor sha ll develop and supervise the Al aska Online 1-Public Notice System, to be maintained on the state's site on t he Internet. The 2-lieutenant governor shall prescribe the form of notices posted on the system by state 3-agencies. The Alaska Online Public Notice System must include 4-(1) notices of proposed actions given under AS 44.62.190(a); 5-(2) notices of state agency meetings required under AS 44.62.3 10(e), 6-even if the meeting has been held; 7-(3) notices of solicitations to bid issued under AS 36.30.130; 8-(4) notices of state agency re quests for proposals issued unde r 9-AS 18.55.255, 18.55.320; AS 36.30.210; AS 37.05.316; AS 38.05.1 20; and 10-AS 43.40.010; 11-(5) executive orders and administrative orders issued by the governor; 12-(6) written delegations of authority made by the governor or t he head 13-of a principal department under AS 44.17.010; 14-(7) the text or a summary of the text of a regulation or order of repeal 15-of a regulation for which notice is given under AS 11.71.125 or AS 44.62.190(a), 16-including an emergency regulation or repeal regardless of whether it has taken effect; 17-(8) notices required by AS 44.62.245(b) regarding an amended v ersion 18-of a document or other material incorporated by reference in a regulation; 19-(9) a summary of the text of recently issued published opinion s of the 20-attorney general; 21-(10) a list of vacancies on boards, commissions, and other bod ies 22-whose members are appointed by the governor; 23-(11) in accordance with AS 39.52.240(h), advisory opinions of the 24-attorney general; 25-(12) notices required by AS 26.30.010(d) and (e) regarding 26-applications for military facility zones; [AND] 27-(13) notices of substances scheduled by an emergency regulation under 28-AS 11.71.125; and 29-(14) notices required to be pos ted on the system under AS 38 a nd 30-AS 46. 31- 34-GS1506\A-SB 166 -6- SB0166A- New Text Underlined [DELETED TEXT BRACKETED]-- * Sec. 6. AS 44.62.190(a) is amended to read: 1-(a) At least 30 days before the adoption, amendment, or repeal of a regulation, 2-notice of the proposed action shall be 3-(1) posted on the Alaska Online Public Notice System 4-(AS 44.62.175) and, at the discretion of the state agency giving the notice, 5-published in a [THE] newspaper of general circulation or trade or industry pu blication 6-that the state agency prescribes [AND POSTED ON THE ALASKA ONLI NE 7-PUBLIC NOTICE SYSTEM; IN THE DISCRETION OF THE STATE AGENCY 8-GIVING THE NOTICE, THE REQUIREMENT OF PUBLICATION IN A 9-NEWSPAPER OR TRADE OR INDUSTRY PUBLICATION MAY BE SATISFIED 10-BY USING A COMBINATION OF PUBLICATION AND BROADCASTING; 11-WHEN BROADCASTING THE NOTICE, AN AGENCY MAY USE AN 12-ABBREVIATED FORM OF THE NOTICE IF THE BROADCAST PROVIDES THE 13-NAME AND DATE OF THE NEWSPAPER OR TRADE OR INDUSTRY 14-JOURNAL AND THE INTERNET ADDRESS OF THE ALASKA ONLINE 15-PUBLIC NOTICE SYSTEM WHERE THE FULL TEXT OF THE NOTICE CAN BE 16-FOUND]; 17-(2) furnished to every person w ho has filed a request for noti ce of 18-proposed action with the state agency; 19-(3) if the agency is within a department, furnished to the com missioner 20-of the department; 21-(4) when appropriate in the judgment of the agency, 22-(A) furnished to a person or group of persons whom the agency 23-believes is interested in the proposed action; and 24-(B) published or broadcast in the additional form and manner 25-the state agency prescribes; 26-(5) furnished to the Department o f L a w t o g e t h e r w i t h a c o p y o f the 27-proposed regulation, amendment, or order of repeal for the depa r t m e n t ' s u s e i n 28-preparing the opinion required after adoption and before filing by AS 44.62.060; 29-(6) furnished by electronic format to all incumbent State of A laska 30-legislators. 31- 34-GS1506\A-SB0166A -7- SB 166- New Text Underlined [DELETED TEXT BRACKETED]-- * Sec. 7. AS 44.62.190(f) is amended to read: 1-(f) To the extent feasible, the subject line of electronic mai l and the title of a 2-[WRITTEN] publication providing the information required by (d) of this section must 3-give the reader a fair idea of the substance of the proposed ne w regulation, the 4-proposed amended regulation, or the regulation proposed for repeal. 5- * Sec. 8. AS 44.62.245(b) is amended to read: 6-(b) When the amended version of a document or other material i ncorporated 7-by reference in a regulation as described in (a) of this sectio n becomes available, the 8-state agency shall 9-(1) make the amended version of the document or other material 10-available to the public for review; and 11-(2) post on the Alaska Online Public Notice System (AS 44.62.175) 12-and, at the discretion of the agency, publish in a newspaper of general circulation , 13-[OR] trade or industry publication, or [IN A] regularly published agency newsletter or 14-similar printed publication, not l ater than 15 days after the a mended version of the 15-document or other material becomes available, a notice that des cribes the affected 16-regulation, the effective date of the amended version of the do cument or other 17-material, and how a copy of the amended version may be obtained or reviewed. 18- * Sec. 9. AS 44.62.300(b) is amended to read: 19-(b) Notwithstanding (a) of this section, a person may not brin g an action in 20-court to challenge the adoption, repeal, or amendment of a regulation by a state agency 21-for 22-(1) insufficiency or inaccuracy of the information provided un der 23-AS 44.62.190(d) or (g); 24-(2) failure of the subject line of electronic mail or the titl e of a 25-[WRITTEN] publication to meet the requirements of AS 44.62.190(f); 26-(3) failure of the brief description required by AS 44.62.200( d) to 27-comply with the requirements of AS 44.62.200(d) relating to 28-(A) the clarity and readability of the brief description; or 29-(B) the description of the c hanges made by the proposed 30-adoption, amendment, or repeal of a regulation; or 31- 34-GS1506\A-SB 166 -8- SB0166A- New Text Underlined [DELETED TEXT BRACKETED]--(4) inaccuracy or insufficiency of the answer to a question pr ovided by 1-the state agency under AS 44.62.213. 2- * Sec. 10. AS 46.03.110(b) is amended to read: 3-(b) After receipt of a proper application for an individual or general permit or 4-a determination by the departme nt that a general permit should be proposed, the 5-department shall post [PUBLISH] notice of the application or proposal, or of the 6-availability of a draft permit for comment, as applicable, on the Alaska Online Public 7-Notice System (AS 44.62.175). At the discretion of the department, the notice may 8-also be published i n [ A T L E A S T T W O P U B L I C A T I O N S O F ] a n e w s p a p e r o f 9-general circulation within the general area in which the dispos al of waste material is 10-proposed to be made or [. THE NOTICE SHALL ALSO BE POSTED ON THE 11-ALASKA ONLINE PUBLIC NOTICE SYSTEM MAINTAINED UNDER 12-AS 44.62.175 AND MAY ALSO BE PUBLISHED] in other [APPROPRIATE] 13-information media the department deems appropriate . The notice must include a 14-statement that a person who want s to present views to the depar tment with regard to 15-the application or proposal may do so in writing to the department within 30 days after 16-the first publication of the no tice. The written response entit les the writer to a copy of 17-the application or draft permit, and, in the case of an applica tion or proposal to issue a 18-general permit, the application or proposal shall also be poste d by the department on 19-the Internet at the same time that notice is published under this subsection. 20- * Sec. 11. AS 46.15.065(b) is amended to read: 21-(b) The commissioner shall, as soon as practicable, determine the rights of 22-persons owning existing appropriations. To accomplish this, the commissioner shall 23-(1) by order set a definite period for filing a declaration of 24-appropriation within a specified area or from a specified source; 25-(2) post [PUBLISH] notice of the order on the Alaska Online Public 26-Notice System (AS 44.62.175) for at least three consecutive wee ks before the 27-beginning of the period; when appropriate in the judgment of th e commissioner, 28-the commissioner may also publish the notice [ONCE A WEEK FOR THREE 29-WEEKS] before the beginning of the period in a newspaper of gen eral circulation in 30-the affected area; and 31- 34-GS1506\A-SB0166A -9- SB 166- New Text Underlined [DELETED TEXT BRACKETED]--(3) give notice of the order by certified mail to any appropri ator within 1-the specified area or from the specified source who has request ed mailed notice or of 2-whom the commissioner can readily obtain knowledge , including each owner of a 3-recorded mining claim. 4- * Sec. 12. AS 46.15.133(b) is amended to read: 5-(b) The commissioner shall post [PUBLISH] the notice on the Alaska Online 6-Public Notice System (AS 44.62.175) a nd, when appropriate in th e judgment of 7-the commissioner, in [ONE ISSUE OF] a newspaper of general distribution in the 8-area of the state in which the water is to be appropriated, rem oved, or sold. The 9-commissioner shall also have notice served personally or by cer tified mail on [UPON] 10-an appropriator of water or applicant for or holder of a permit who, according to the 11-records of the division of lands, may be affected by the propos ed sale, appropriation, 12-or removal and may serve notice on [UPON] any governmental agency, political 13-subdivision, or person; notice shall also be served on [UPON] the Department of Fish 14-and Game and the Department of Environmental Conservation. An a pplicant for an 15-appropriation or remova l shall pay the commissioner's costs in providing publication 16-and notice under this subsection. The commissioner may require as a condition of a 17-sale of water under AS 46.15.037 [,] that a purchaser of water reimburse the 18-department for the costs associated with providing notice of the proposed sale. 19+Fiscal Note+State of Alaska+Bill Version: SB 166+Fiscal Note Number:+() Publish Date:+2025 Legislative Session+Identifier: SB166-DEC-DAS-04-8-25+Title: NOTICE REQS. FOR STATE ACTIONS+Sponsor: RLS BY REQUEST OF THE GOVERNOR+Requester: (S) STA+Department: Department of Environmental Conservation+Appropriation: Administration+Allocation: Administrative Services+OMB Component Number: 635+Expenditures/Revenues+Note: Amounts do not include inflation unless otherwise noted below. (Thousands of Dollars)+Included in+FY2026 Governor's+Appropriation FY2026 Out-Year Cost Estimates+Requested Request+OPERATING EXPENDITURES FY 2026 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031+Personal Services+Travel+Services+Commodities+Capital Outlay+Grants & Benefits+Miscellaneous+Total Operating 0.0 0.0 0.0 0.0 0.0 0.0 0.0+Fund Source (Operating Only)+None+Total 0.0 0.0 0.0 0.0 0.0 0.0 0.0+Positions+Full-time+Part-time+Temporary+Change in Revenues+None+Total 0.0 0.0 0.0 0.0 0.0 0.0 0.0+Estimated SUPPLEMENTAL (FY2025) cost: 0.0 (separate supplemental appropriation required)+Estimated CAPITAL (FY2026) cost: 0.0 (separate capital appropriation required)+Does the bill create or modify a new fund or account? No+(Supplemental/Capital/New Fund - discuss reasons and fund source(s) in analysis section)+ASSOCIATED REGULATIONS+Does the bill direct, or will the bill result in, regulation changes adopted by your agency? Yes+If yes, by what date are the regulations to be adopted, amended or repealed? 07/01/26+Why this fiscal note differs from previous version/comments:+Not applicable, initial version.+Prepared By: Cassandra Griffin, Budget Manager Phone: (907)465-5312+Division: Administrative Services Date: 04/08/2025 12:00 PM+Approved By: Megan Kohler, Administrative Services Director Date: 04/08/25+Agency: Department of Environmental Conservation+Page 1 of 2Printed 4/13/2025 Control Code: BKCMy+SB166+Analysis+(Revised 9/6/24 OMB/LFD) Page 2 of 2+2025 LEGISLATIVE SESSION+STATE OF ALASKA BILL NO.+FISCAL NOTE ANALYSIS+This bill modernizes public notice procedures by giving state agencies the discretion of posting public notices in a paper of+general circulation.+The Department will need to make modifications to public notice requirements in multiple regulatory chapters to align+language with this legislation.+There is no fiscal impact associated with the legislation for the Department.+SB166-DEC-DAS-04-8-25 Page 2 of 2 Control Code: BKCMy
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