Alaska 2023-2024 Regular Session

Alaska House Bill HB104 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled HB 104
2		-	LAWS OF ALASKA
3	1
4		-	2024
	2	+	HB0104D -1- SCS CSHB 104(RES)
	3	+	New Text Underlined [DELETED TEXT BRACKETED]
5	4
6		-
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8		-	Source Chapter No.
9		-	SCS CSHB 104(RES) _______
	5	+	33-LS0474\Y
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14		-	~~AN ACT~~
	10	+	SENATE CS FOR CS FOR HOUSE BILL NO. 104(RES)
15	11
16		-	~~Relating to timber sales.~~
	12	+	IN THE LEGISLATURE OF THE STATE OF ALASKA
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	14	+	THIRTY-THIRD LEGISLATURE - SECOND SESSION
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19		-	~~_______________~~
	16	+	BY THE SENATE RESOURCES COMMITTEE
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	18	+	Offered: 4/24/24
	19	+	Referred: Rules
21	20
22		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
	21	+	Sponsor(s): REPRESENTATIVES CRONK, Rauscher, McCabe, McKay, Sumner, Tomaszewski, Craig
	22	+	Johnson, Carpenter, Vance, DeLena Johnson, Ruffridge, Ortiz
23	23
	24	+	SENATORS Bjorkman, Merrick, Shower, Stedman, Kaufman, Hughes
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	26	+	A BILL
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26		-	THE ACT FOLLOWS ON PAGE 1
27		-	-1- Enrolled HB 104
	28	+	FOR AN ACT ENTITLED
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48		-	AN ACT
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50		-
51		-	Relating to timber sales. 1
52		-	_______________ 2
	30	+	"An Act relating to timber sales." 1
	31	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
53	32		* Section 1. AS 38.05.110(c) is amended to read: 3
54	33		(c) If a sale of timber may be offered under multiple provisions of 4
55	34		AS 38.05.110 - 38.05.120 [AS 38.05.110 - 38.05.123], the commissioner shall
56	35		5
57	36		determine the applicable provisions under which to offer the timber. 6
58	37		* Sec. 2. AS 38.05.113(c) is amended to read: 7
59	38		(c) Sales of 160 acres or less and expedited sales conducted under 8
60	39		AS 38.05.117 [EMERGENCY SALES] are exempt from the requirements of this 9
61	40		section. 10
62	41		* Sec. 3. AS 38.05.117 is repealed and reenacted to read: 11
63	42		Sec. 38.05.117. Expedited sales for salvage, fire, and pest mitigation. (a) 12
64	43		After making a written finding that the disposal will serve the best interests of the state 13
65	44		under AS 38.05.035(e), the commissioner may offer, on an expedited basis, timber for 14
66		-	sale under this section that the commissioner has determined 15
67		-	Enrolled HB 104 -2-
	45	+	sale under this section that the commissioner has determined 15 33-LS0474\Y
	46	+	SCS CSHB 104(RES) -2- HB0104D
	47	+	New Text Underlined [DELETED TEXT BRACKETED]
	48	+
68	49		(1) has lost economic value because of insect infestation, disease, or 1
69	50		the effects of fire or fire suppression activities; 2
70	51		(2) that, if not harvested within two years, is likely to lose substantial 3
71	52		economic value because of insect infestation, disease, or the effects of fire or fire 4
72	53		suppression activities; 5
73	54		(3) the removal of which will aid in preventing surrounding timber or 6
74	55		forested land from losing economic value because of imminent insect infestation or 7
75	56		disease; or 8
76	57		(4) is located on land that is to be cleared for conversion to nonforest 9
77	58		uses. 10
78	59		(b) The provisions of AS 38.05.113 do not apply to timber sales conducted 11
79	60		under this section. 12
80	61		(c) In this section, "forested land" has the meaning given in AS 41.15.170. 13
81	62		* Sec. 4. AS 38.05.118 is amended by adding new subsections to read: 14
82	63		(d) Notwithstanding AS 38.05.115 and (a) of this section, and upon a written 15
83	64		finding that the sale is in the best interest of the state and will promote economic 16
84	65		activity in the timber sector or reduce the risk of fire or the spread of disease or insect 17
85	66		infestation, the commissioner may negotiate a sale of timber to a local manufacturer of 18
86	67		wood products or a user of wood fiber at less than the appraised value. However, 19
87	68		while an initial stumpage rate for a contract under this subsection shall be determined 20
88	69		by negotiation, the rate may not be less than the base price for the area as established 21
89	70		under regulations adopted by the commissioner. A contract under this subsection must 22
90	71		provide that a stumpage rate be redetermined by negotiation at least once every five 23
91	72		years during the term of the contract to reflect changes in market conditions. The 24
92	73		redetermined rate may not be less than the base price for the area as established under 25
93	74		regulations adopted by the commissioner. 26
94	75		(e) If more than one local manufacturer of wood products or user of wood 27
95	76		fiber expresses interest in the same sale of timber under this section, the commissioner 28
96	77		may sell the timber by bid under AS 38.05.120. 29
97	78		* Sec. 5. AS 38.05.123 is repealed. 30
98		-	* Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 31
99		-	-3- Enrolled HB 104
	79	+	* Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 31 33-LS0474\Y
	80	+	HB0104D -3- SCS CSHB 104(RES)
	81	+	New Text Underlined [DELETED TEXT BRACKETED]
	82	+
100	83		read: 1
101	84		REPORT TO THE LEGISLATURE. Not later than the 30th day of the Second 2
102	85		Regular Session of the Thirty-Fourth Alaska State Legislature, the Department of Natural 3
103	86		Resources shall prepare and present a report to the senate secretary and chief clerk of the 4
104	87		house of representatives on timber sales conducted by the department under AS 38.05.110 - 5
105	88		38.05.120 for the period between July 1, 2024, and June 30, 2025, and notify the legislature 6
106	89		that the report is available. The report must 7
107	90		(1) include an accounting of timber sales conducted under AS 38.05.110 - 8
108	91		38.05.120 that describes each timber sale, including 9
109	92		(A) the limitations, conditions, and terms of the sale; 10
110	93		(B) whether the sale was a salvage, fire, or pest mitigation sale under 11
111	94		AS 38.05.117, as repealed and reenacted by sec. 3 of this Act, a negotiated sale under 12
112	95		AS 38.05.118, as amended by sec. 4 of this Act, or another type of sale; 13
113	96		(C) if applicable, the amount of time between the publication of the 14
114	97		written finding and the timber being offered for sale, and any other factors that 15
115	98		extended the period required for publication of the written finding authorizing the sale, 16
116	99		if any, or otherwise delayed the sale; and 17
117	100		(D) how the department provided notice of the sale; 18
118		-	(2) describe and account for any timber sale for which a final best interest 19
119		-	finding under AS 38.05.035(e) was issued that did not occur because the timber subject to the 20
	101	+	(2) describe and account for any timber sale, for which a final best interest 19
	102	+	finding under AS 38.05.035(e) was issued, that did not occur because the timber subject to the 20
120	103		sale lost economic value as a result of insect infestation, disease, or fire; 21
121	104		(3) include any changes to state statute that the department recommends to 22
122	105		make the state's timber available for the maximum benefit of the people of the state in a 23
123	106		manner consistent with the public interest; and 24
124		-	(4) ~~include~~ any other information that, in the judgment of the department, 25
125		-	~~would be of~~ use to the legislature in improving the state's timber disposal procedures. 26
	107	+	(4) any other information that, in the judgment of the department, would be of 25
	108	+	use to the legislature in improving the state's timber disposal procedures. 26