Alaska 2025-2026 Regular Session

Alaska House Bill HB179 Compare Versions

Only one version of the bill is available at this time.

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2	2	HB0179a -1- HB 179
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5	5	34-GH1506\A
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10	10
11	11	HOUSE BILL NO. 179
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-FOURTH LEGISLATURE - FIRST SESSION
16	16
17	17	BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
18	18
19	19	Introduced: 4/9/25
20	20	Referred: State Affairs, Resources
21	21
22	22
23	23	A BILL
24	24
25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to notice requirements for certain state actions." 1
28	28	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
29	29	* Section 1. AS 38.05.073(c) is amended to read: 3
30	30	(c) If the commissioner identifies land for recreational facilities development 4
31	31	leasing under (a) of this section, at least 30 days before the commissioner decides to 5
32	32	solicit proposals from potential lessees, the commissioner shall provide public notice 6
33	33	of the location and the specific type of recreational facilities development being 7
34	34	considered and request comments. The notice shall be provided to (1) a municipality if 8
35	35	the land is entirely or partially within the boundaries of the municipality; (2) a regional 9
36	36	corporation organized under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement 10
37	37	Act) if the boundaries of the corporation established by 43 U.S.C. 1606(a) encompass 11
38	38	part or all of the land and the land encompassed by the corporation's boundaries is 12
39	39	entirely or partially outside the municipality; (3) a village corporation organized under 13
40	40	43 U.S.C. 1607 [43 U.S.C. 1601] if all or part of the land is within 40 miles of the
41	41	14
42	42	village for which the corporation was established and the land is located entirely or 15 34-GH1506\A
43	43	HB 179 -2- HB0179a
44	44	New Text Underlined [DELETED TEXT BRACKETED]
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46	46	partially outside a municipality; (4) other persons affected by the specific recreational 1
47	47	facility development; and (5) persons who have specifically requested to be notified. 2
48	48	Public notice identifying the location and the specific type of recreational facilities 3
49	49	development under consideration must also be posted on the Alaska Online Public 4
50	50	Notice System (AS 44.62.175). When appropriate in the judgment of the 5
51	51	commissioner, notice may also be published [AT LEAST TWICE] in a newspaper of 6
52	52	general circulation in the state and in a local newspaper in general circulation in the 7
53	53	region where the land is located. The comments received under this subsection 8
54	54	become part of the public record for the consideration of the commissioner. 9
55	55	* Sec. 2. AS 38.05.073(e) is amended to read: 10
56	56	(e) After preparing a request for proposals under (d) of this section, the 11
57	57	commissioner may issue the request to solicit proposals from persons who are 12
58	58	interested in leasing the land for recreational facilities development. The request for 13
59	59	proposals must be posted on the Alaska Online Public Notice System 14
60	60	(AS 44.62.175). When appropriate in the judgment of the commissioner, notice 15
61	61	may also be published [ADVERTISED AT LEAST THREE TIMES] in a newspaper 16
62	62	of general circulation in the state and in a local newspaper in general circulation in the 17
63	63	region where the land is located. The proposals submitted to the commissioner must 18
64	64	include the specific facts on which the potential lessee bases its ability to develop the 19
65	65	land, including its ability to comply with the items identified in (d)(1) - (4) of this 20
66	66	section. 21
67	67	* Sec. 3. AS 38.05.205(a) is amended to read: 22
68	68	(a) Prior discovery, location, and recording shall initiate prior rights to mineral 23
69	69	deposits subject to AS 38.05.185 - 38.05.275 in or on state land, other than submerged 24
70	70	land, which is open to mining leasing. Locations shall be made and certificates of 25
71	71	location recorded in accordance with AS 38.05.195. If the located land is available 26
72	72	only for leasing, the director shall post notice of the recording of the location and 27
73	73	notice that a mineral lease will be issued on the Alaska Online Public Notice 28
74	74	System (AS 44.62.175). When appropriate in the judgment of the director, the 29
75	75	director may also publish the notice [PUBLISH] in a paper of general circulation in 30
76	76	the area of the location [, NOTICE OF THE RECORDING OF THE LOCATION 31 34-GH1506\A
77	77	HB0179a -3- HB 179
78	78	New Text Underlined [DELETED TEXT BRACKETED]
79	79
80	80	AND NOTICE THAT A MINERAL LEASE WILL BE ISSUED]. The notice may be 1
81	81	combined with notices of locations either in the same general area or statewide. Unless 2
82	82	a conflicting location exists, not [NO] later than two weeks after publication of the 3
83	83	notice, an application form for a mining lease shall be mailed to the locator by the 4
84	84	director. A lease application shall be filed with the director by the locator within 90 5
85	85	days after receipt of the form. If the located land is not available for leasing, notice 6
86	86	shall be given the locator by the director and the locator's prior rights shall terminate. 7
87	87	A mining lessee has the exclusive rights of possession and extraction of all minerals 8
88	88	subject to AS 38.05.185 - 38.05.275 lying within the boundaries of the lease or 9
89	89	location. Mining leases may be issued for one location or for a group of contiguous 10
90	90	locations held in common. Minerals may not be mined and marketed or used until a 11
91	91	lease is issued, except for limited amounts necessary for sampling or testing. 12
92	92	* Sec. 4. AS 38.05.945(b) is amended to read: 13
93	93	(b) When notice is required to be given under this section, 14
94	94	(1) the notice must contain sufficient information in commonly 15
95	95	understood terms to inform the public of the nature of the action and the opportunity 16
96	96	of the public to comment on it; 17
97	97	(2) if the notice is of a preliminary written finding described in 18
98	98	(a)(3)(A) of this section, the department shall give notice at the beginning of the public 19
99	99	comment period for the preliminary written finding, notifying the public of the right to 20
100	100	submit comments; the department shall give notice by [(A)] posting the notice on the 21
101	101	Alaska Online Public Notice System (AS 44.62.175) for at least 30 consecutive days; 22
102	102	the department may also give notice by one or more of the following methods: 23
103	103	(A) [(B) PUBLICATION OF A NOTICE IN DISPLAY 24
104	104	ADVERTISING FORM DESCRIBING THE PROPOSED ACTION AND 25
105	105	REFERENCING THE ONLINE NOTICE REQUIRED IN (A) OF THIS 26
106	106	PARAGRAPH IN NEWSPAPERS OF STATEWIDE CIRCULATION AND 27
107	107	IN NEWSPAPERS OF GENERAL CIRCULATION IN THE VICINITY OF 28
108	108	THE PROPOSED ACTION, IF AVAILABLE, AT LEAST ONCE A WEEK 29
109	109	FOR TWO CONSECUTIVE WEEKS; 30
110	110	(C)] public service announcements on the electronic media 31 34-GH1506\A
111	111	HB 179 -4- HB0179a
112	112	New Text Underlined [DELETED TEXT BRACKETED]
113	113
114	114	serving the area to be affected by the proposed action; 1
115	115	(B) [AND (D) ONE OR MORE OF THE FOLLOWING 2
116	116	METHODS: 3
117	117	(i)] publication of a [LEGAL] notice in display 4
118	118	advertising form in newspapers of statewide circulation or in 5
119	119	newspapers of general circulation in the vicinity of the proposed action; 6
120	120	(C) [, IF AVAILABLE, AT LEAST ONCE A WEEK FOR 7
121	121	TWO CONSECUTIVE WEEKS; 8
122	122	(ii)] posting in a conspicuous location in the vicinity of 9
123	123	the action; 10
124	124	(D) [(iii)] notification of parties known or likely to be affected 11
125	125	by the action; or 12
126	126	(E) [(iv)] another method calculated to reach affected parties; 13
127	127	(3) if the notice is of an action described in (a) of this section, other 14
128	128	than notice of an action under (a)(3)(A) of this section, the department shall give 15
129	129	notice at least 30 days before the action by posting the notice on the Alaska Online 16
130	130	Public Notice System (AS 44.62.175) for at least 30 consecutive days and by one or 17
131	131	more of the following methods: 18
132	132	(A) publication of a notice in display advertising form 19
133	133	describing the proposed action and referencing the online notice required in 20
134	134	this paragraph in newspapers of statewide circulation and in newspapers of 21
135	135	general circulation in the vicinity of the proposed action, if available [, AT 22
136	136	LEAST ONCE A WEEK FOR TWO CONSECUTIVE WEEKS]; 23
137	137	(B) publication through public service announcements on the 24
138	138	electronic media serving the area affected by the action; 25
139	139	(C) posting in a conspicuous location in the vicinity of the 26
140	140	action; 27
141	141	(D) notification of parties known or likely to be affected by the 28
142	142	action; or 29
143	143	(E) another method calculated to reach affected persons. 30
144	144	* Sec. 5. AS 44.62.175(a) is amended to read: 31 34-GH1506\A
145	145	HB0179a -5- HB 179
146	146	New Text Underlined [DELETED TEXT BRACKETED]
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148	148	(a) The lieutenant governor shall develop and supervise the Alaska Online 1
149	149	Public Notice System, to be maintained on the state's site on the Internet. The 2
150	150	lieutenant governor shall prescribe the form of notices posted on the system by state 3
151	151	agencies. The Alaska Online Public Notice System must include 4
152	152	(1) notices of proposed actions given under AS 44.62.190(a); 5
153	153	(2) notices of state agency meetings required under AS 44.62.310(e), 6
154	154	even if the meeting has been held; 7
155	155	(3) notices of solicitations to bid issued under AS 36.30.130; 8
156	156	(4) notices of state agency requests for proposals issued under 9
157	157	AS 18.55.255, 18.55.320; AS 36.30.210; AS 37.05.316; AS 38.05.120; and 10
158	158	AS 43.40.010; 11
159	159	(5) executive orders and administrative orders issued by the governor; 12
160	160	(6) written delegations of authority made by the governor or the head 13
161	161	of a principal department under AS 44.17.010; 14
162	162	(7) the text or a summary of the text of a regulation or order of repeal 15
163	163	of a regulation for which notice is given under AS 11.71.125 or AS 44.62.190(a), 16
164	164	including an emergency regulation or repeal regardless of whether it has taken effect; 17
165	165	(8) notices required by AS 44.62.245(b) regarding an amended version 18
166	166	of a document or other material incorporated by reference in a regulation; 19
167	167	(9) a summary of the text of recently issued published opinions of the 20
168	168	attorney general; 21
169	169	(10) a list of vacancies on boards, commissions, and other bodies 22
170	170	whose members are appointed by the governor; 23
171	171	(11) in accordance with AS 39.52.240(h), advisory opinions of the 24
172	172	attorney general; 25
173	173	(12) notices required by AS 26.30.010(d) and (e) regarding 26
174	174	applications for military facility zones; [AND] 27
175	175	(13) notices of substances scheduled by an emergency regulation under 28
176	176	AS 11.71.125; and 29
177	177	(14) notices required to be posted on the system under AS 38 and 30
178	178	AS 46. 31 34-GH1506\A
179	179	HB 179 -6- HB0179a
180	180	New Text Underlined [DELETED TEXT BRACKETED]
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182	182	* Sec. 6. AS 44.62.190(a) is amended to read: 1
183	183	(a) At least 30 days before the adoption, amendment, or repeal of a regulation, 2
184	184	notice of the proposed action shall be 3
185	185	(1) posted on the Alaska Online Public Notice System 4
186	186	(AS 44.62.175) and, at the discretion of the state agency giving the notice, 5
187	187	published in a [THE] newspaper of general circulation or trade or industry publication 6
188	188	that the state agency prescribes [AND POSTED ON THE ALASKA ONLINE 7
189	189	PUBLIC NOTICE SYSTEM; IN THE DISCRETION OF THE STATE AGENCY 8
190	190	GIVING THE NOTICE, THE REQUIREMENT OF PUBLICATION IN A 9
191	191	NEWSPAPER OR TRADE OR INDUSTRY PUBLICATION MAY BE SATISFIED 10
192	192	BY USING A COMBINATION OF PUBLICATION AND BROADCASTING; 11
193	193	WHEN BROADCASTING THE NOTICE, AN AGENCY MAY USE AN 12
194	194	ABBREVIATED FORM OF THE NOTICE IF THE BROADCAST PROVIDES THE 13
195	195	NAME AND DATE OF THE NEWSPAPER OR TRADE OR INDUSTRY 14
196	196	JOURNAL AND THE INTERNET ADDRESS OF THE ALASKA ONLINE 15
197	197	PUBLIC NOTICE SYSTEM WHERE THE FULL TEXT OF THE NOTICE CAN BE 16
198	198	FOUND]; 17
199	199	(2) furnished to every person who has filed a request for notice of 18
200	200	proposed action with the state agency; 19
201	201	(3) if the agency is within a department, furnished to the commissioner 20
202	202	of the department; 21
203	203	(4) when appropriate in the judgment of the agency, 22
204	204	(A) furnished to a person or group of persons whom the agency 23
205	205	believes is interested in the proposed action; and 24
206	206	(B) published or broadcast in the additional form and manner 25
207	207	the state agency prescribes; 26
208	208	(5) furnished to the Department of Law together with a copy of the 27
209	209	proposed regulation, amendment, or order of repeal for the department's use in 28
210	210	preparing the opinion required after adoption and before filing by AS 44.62.060; 29
211	211	(6) furnished by electronic format to all incumbent State of Alaska 30
212	212	legislators. 31 34-GH1506\A
213	213	HB0179a -7- HB 179
214	214	New Text Underlined [DELETED TEXT BRACKETED]
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216	216	* Sec. 7. AS 44.62.190(f) is amended to read: 1
217	217	(f) To the extent feasible, the subject line of electronic mail and the title of a 2
218	218	[WRITTEN] publication providing the information required by (d) of this section must 3
219	219	give the reader a fair idea of the substance of the proposed new regulation, the 4
220	220	proposed amended regulation, or the regulation proposed for repeal. 5
221	221	* Sec. 8. AS 44.62.245(b) is amended to read: 6
222	222	(b) When the amended version of a document or other material incorporated 7
223	223	by reference in a regulation as described in (a) of this section becomes available, the 8
224	224	state agency shall 9
225	225	(1) make the amended version of the document or other material 10
226	226	available to the public for review; and 11
227	227	(2) post on the Alaska Online Public Notice System (AS 44.62.175) 12
228	228	and, at the discretion of the agency, publish in a newspaper of general circulation, 13
229	229	[OR] trade or industry publication, or [IN A] regularly published agency newsletter or 14
230	230	similar printed publication, not later than 15 days after the amended version of the 15
231	231	document or other material becomes available, a notice that describes the affected 16
232	232	regulation, the effective date of the amended version of the document or other 17
233	233	material, and how a copy of the amended version may be obtained or reviewed. 18
234	234	* Sec. 9. AS 44.62.300(b) is amended to read: 19
235	235	(b) Notwithstanding (a) of this section, a person may not bring an action in 20
236	236	court to challenge the adoption, repeal, or amendment of a regulation by a state agency 21
237	237	for 22
238	238	(1) insufficiency or inaccuracy of the information provided under 23
239	239	AS 44.62.190(d) or (g); 24
240	240	(2) failure of the subject line of electronic mail or the title of a 25
241	241	[WRITTEN] publication to meet the requirements of AS 44.62.190(f); 26
242	242	(3) failure of the brief description required by AS 44.62.200(d) to 27
243	243	comply with the requirements of AS 44.62.200(d) relating to 28
244	244	(A) the clarity and readability of the brief description; or 29
245	245	(B) the description of the changes made by the proposed 30
246	246	adoption, amendment, or repeal of a regulation; or 31 34-GH1506\A
247	247	HB 179 -8- HB0179a
248	248	New Text Underlined [DELETED TEXT BRACKETED]
249	249
250	250	(4) inaccuracy or insufficiency of the answer to a question provided by 1
251	251	the state agency under AS 44.62.213. 2
252	252	* Sec. 10. AS 46.03.110(b) is amended to read: 3
253	253	(b) After receipt of a proper application for an individual or general permit or 4
254	254	a determination by the department that a general permit should be proposed, the 5
255	255	department shall post [PUBLISH] notice of the application or proposal, or of the 6
256	256	availability of a draft permit for comment, as applicable, on the Alaska Online Public 7
257	257	Notice System (AS 44.62.175). At the discretion of the department, the notice may 8
258	258	also be published in [AT LEAST TWO PUBLICATIONS OF] a newspaper of 9
259	259	general circulation within the general area in which the disposal of waste material is 10
260	260	proposed to be made or [. THE NOTICE SHALL ALSO BE POSTED ON THE 11
261	261	ALASKA ONLINE PUBLIC NOTICE SYSTEM MAINTAINED UNDER 12
262	262	AS 44.62.175 AND MAY ALSO BE PUBLISHED] in other [APPROPRIATE] 13
263	263	information media the department deems appropriate. The notice must include a 14
264	264	statement that a person who wants to present views to the department with regard to 15
265	265	the application or proposal may do so in writing to the department within 30 days after 16
266	266	the first publication of the notice. The written response entitles the writer to a copy of 17
267	267	the application or draft permit, and, in the case of an application or proposal to issue a 18
268	268	general permit, the application or proposal shall also be posted by the department on 19
269	269	the Internet at the same time that notice is published under this subsection. 20
270	270	* Sec. 11. AS 46.15.065(b) is amended to read: 21
271	271	(b) The commissioner shall, as soon as practicable, determine the rights of 22
272	272	persons owning existing appropriations. To accomplish this, the commissioner shall 23
273	273	(1) by order set a definite period for filing a declaration of 24
274	274	appropriation within a specified area or from a specified source; 25
275	275	(2) post [PUBLISH] notice of the order on the Alaska Online Public 26
276	276	Notice System (AS 44.62.175) for at least three consecutive weeks before the 27
277	277	beginning of the period; when appropriate in the judgment of the commissioner, 28
278	278	the commissioner may also publish the notice [ONCE A WEEK FOR THREE 29
279	279	WEEKS] before the beginning of the period in a newspaper of general circulation in 30
280	280	the affected area; and 31 34-GH1506\A
281	281	HB0179a -9- HB 179
282	282	New Text Underlined [DELETED TEXT BRACKETED]
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284	284	(3) give notice of the order by certified mail to any appropriator within 1
285	285	the specified area or from the specified source who has requested mailed notice or of 2
286	286	whom the commissioner can readily obtain knowledge, including each owner of a 3
287	287	recorded mining claim. 4
288	288	* Sec. 12. AS 46.15.133(b) is amended to read: 5
289	289	(b) The commissioner shall post [PUBLISH] the notice on the Alaska Online 6
290	290	Public Notice System (AS 44.62.175) and, when appropriate in the judgment of 7
291	291	the commissioner, in [ONE ISSUE OF] a newspaper of general distribution in the 8
292	292	area of the state in which the water is to be appropriated, removed, or sold. The 9
293	293	commissioner shall also have notice served personally or by certified mail on [UPON] 10
294	294	an appropriator of water or applicant for or holder of a permit who, according to the 11
295	295	records of the division of lands, may be affected by the proposed sale, appropriation, 12
296	296	or removal and may serve notice on [UPON] any governmental agency, political 13
297	297	subdivision, or person; notice shall also be served on [UPON] the Department of Fish 14
298	298	and Game and the Department of Environmental Conservation. An applicant for an 15
299	299	appropriation or removal shall pay the commissioner's costs in providing publication 16
300	300	and notice under this subsection. The commissioner may require as a condition of a 17
301	301	sale of water under AS 46.15.037 [,] that a purchaser of water reimburse the 18
302	302	department for the costs associated with providing notice of the proposed sale. 19