Alaska 2023-2024 Regular Session

Alaska House Bill HB104 Compare Versions

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1- Enrolled HB 104
2-LAWS OF ALASKA
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4-2024
2+HB0104D -1- SCS CSHB 104(RES)
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8-Source Chapter No.
9-SCS CSHB 104(RES) _______
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14-AN ACT
10+SENATE CS FOR CS FOR HOUSE BILL NO. 104(RES)
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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
2017
18+Offered: 4/24/24
19+Referred: Rules
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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
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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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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
5332 * Section 1. AS 38.05.110(c) is amended to read: 3
5433 (c) If a sale of timber may be offered under multiple provisions of 4
5534 AS 38.05.110 - 38.05.120 [AS 38.05.110 - 38.05.123], the commissioner shall
5635 5
5736 determine the applicable provisions under which to offer the timber. 6
5837 * Sec. 2. AS 38.05.113(c) is amended to read: 7
5938 (c) Sales of 160 acres or less and expedited sales conducted under 8
6039 AS 38.05.117 [EMERGENCY SALES] are exempt from the requirements of this 9
6140 section. 10
6241 * Sec. 3. AS 38.05.117 is repealed and reenacted to read: 11
6342 Sec. 38.05.117. Expedited sales for salvage, fire, and pest mitigation. (a) 12
6443 After making a written finding that the disposal will serve the best interests of the state 13
6544 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
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6849 (1) has lost economic value because of insect infestation, disease, or 1
6950 the effects of fire or fire suppression activities; 2
7051 (2) that, if not harvested within two years, is likely to lose substantial 3
7152 economic value because of insect infestation, disease, or the effects of fire or fire 4
7253 suppression activities; 5
7354 (3) the removal of which will aid in preventing surrounding timber or 6
7455 forested land from losing economic value because of imminent insect infestation or 7
7556 disease; or 8
7657 (4) is located on land that is to be cleared for conversion to nonforest 9
7758 uses. 10
7859 (b) The provisions of AS 38.05.113 do not apply to timber sales conducted 11
7960 under this section. 12
8061 (c) In this section, "forested land" has the meaning given in AS 41.15.170. 13
8162 * Sec. 4. AS 38.05.118 is amended by adding new subsections to read: 14
8263 (d) Notwithstanding AS 38.05.115 and (a) of this section, and upon a written 15
8364 finding that the sale is in the best interest of the state and will promote economic 16
8465 activity in the timber sector or reduce the risk of fire or the spread of disease or insect 17
8566 infestation, the commissioner may negotiate a sale of timber to a local manufacturer of 18
8667 wood products or a user of wood fiber at less than the appraised value. However, 19
8768 while an initial stumpage rate for a contract under this subsection shall be determined 20
8869 by negotiation, the rate may not be less than the base price for the area as established 21
8970 under regulations adopted by the commissioner. A contract under this subsection must 22
9071 provide that a stumpage rate be redetermined by negotiation at least once every five 23
9172 years during the term of the contract to reflect changes in market conditions. The 24
9273 redetermined rate may not be less than the base price for the area as established under 25
9374 regulations adopted by the commissioner. 26
9475 (e) If more than one local manufacturer of wood products or user of wood 27
9576 fiber expresses interest in the same sale of timber under this section, the commissioner 28
9677 may sell the timber by bid under AS 38.05.120. 29
9778 * 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]
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10083 read: 1
10184 REPORT TO THE LEGISLATURE. Not later than the 30th day of the Second 2
10285 Regular Session of the Thirty-Fourth Alaska State Legislature, the Department of Natural 3
10386 Resources shall prepare and present a report to the senate secretary and chief clerk of the 4
10487 house of representatives on timber sales conducted by the department under AS 38.05.110 - 5
10588 38.05.120 for the period between July 1, 2024, and June 30, 2025, and notify the legislature 6
10689 that the report is available. The report must 7
10790 (1) include an accounting of timber sales conducted under AS 38.05.110 - 8
10891 38.05.120 that describes each timber sale, including 9
10992 (A) the limitations, conditions, and terms of the sale; 10
11093 (B) whether the sale was a salvage, fire, or pest mitigation sale under 11
11194 AS 38.05.117, as repealed and reenacted by sec. 3 of this Act, a negotiated sale under 12
11295 AS 38.05.118, as amended by sec. 4 of this Act, or another type of sale; 13
11396 (C) if applicable, the amount of time between the publication of the 14
11497 written finding and the timber being offered for sale, and any other factors that 15
11598 extended the period required for publication of the written finding authorizing the sale, 16
11699 if any, or otherwise delayed the sale; and 17
117100 (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
120103 sale lost economic value as a result of insect infestation, disease, or fire; 21
121104 (3) include any changes to state statute that the department recommends to 22
122105 make the state's timber available for the maximum benefit of the people of the state in a 23
123106 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