HB 179

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                                       HOUSE BILL NO. 179
                     IN THE LEGISLATURE OF THE STATE OF ALASKA
                      THIRTY-FOURTH LEGISLATURE - FIRST SESSION
 BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR
 Introduced: 4/9/25
 Referred: State Affairs, Resources
                                              A BILL
                                      FOR AN ACT ENTITLED
1 "An Act relating to notice requirements for certain state actions."
2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
3   * Section 1. AS 38.05.073(c) is amended to read:
4(c) If the commissioner identifies land for recreational facilities development
5leasing under (a) of this section, at least 30 days before the commissioner decides to
6solicit proposals from potential lessees, the commissioner shall provide public notice
7of the location and the specific type of recreational facilities development being
8considered and request comments. The notice shall be provided to (1) a municipality if
9the land is entirely or partially within the boundaries of the municipality; (2) a regional
10corporation organized under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement
11Act) if the boundaries of the corporation established by 43 U.S.C. 1606(a) encompass
12part or all of the land and the land encompassed by the corporation's boundaries is
13entirely or partially outside the municipality; (3) a village corporation organized under
1443 U.S.C. 1607 [43 U.S.C. 1601] if all or part of the land is within 40 miles of the
15village for which the corporation was established and the land is located entirely or
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1partially outside a municipality; (4) other persons affected by the specific recreational
2facility development; and (5) persons who have specifically requested to be notified.
3Public notice identifying the location and the specific type of recreational facilities
4development under consideration must also be posted on the Alaska Online Public
5Notice System (AS 44.62.175). When appropriate in the judgment of the
6commissioner, notice may also be published [AT LEAST TWICE] in a newspaper of
7general circulation in the state and in a local newspaper in general circulation in the
8region where the land is located. The comments received under this subsection
9become part of the public record for the consideration of the commissioner.
10  * Sec. 2. AS 38.05.073(e) is amended to read:
11(e) After preparing a request for proposals under (d) of this section, the
12commissioner may issue the request to solicit proposals from persons who are
13interested in leasing the land for recreational facilities development. The request for
14proposals must be posted on the Alaska Online Public Notice System
15(AS 44.62.175). When appropriate in the judgment of the commissioner, notice
16may also be published [ADVERTISED AT LEAST THREE TIMES] in a newspaper
17of general circulation in the state and in a local newspaper in general circulation in the
18region where the land is located. The proposals submitted to the commissioner must
19include the specific facts on which the potential lessee bases its ability to develop the
20land, including its ability to comply with the items identified in (d)(1) - (4) of this
21section.
22  * Sec. 3. AS 38.05.205(a) is amended to read:
23(a) Prior discovery, location, and recording shall initiate prior rights to mineral
24deposits subject to AS 38.05.185 - 38.05.275 in or on state land, other than submerged
25land, which is open to mining leasing. Locations shall be made and certificates of
26location recorded in accordance with AS 38.05.195. If the located land is available
27only for leasing, the director shall post notice of the recording of the location and
28notice that a mineral lease will be issued on the Alaska Online Public Notice
29System (AS 44.62.175). When appropriate in the judgment of the director, the
30director may also publish the notice [PUBLISH] in a paper of general circulation in
31the area of the location [, NOTICE OF THE RECORDING OF THE LOCATION
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1AND NOTICE THAT A MINERAL LEASE WILL BE ISSUED]. The notice may be
2combined with notices of locations either in the same general area or statewide. Unless
3a conflicting location exists, not [NO] later than two weeks after publication of the
4notice, an application form for a mining lease shall be mailed to the locator by the
5director. A lease application shall be filed with the director by the locator within 90
6days after receipt of the form. If the located land is not available for leasing, notice
7shall be given the locator by the director and the locator's prior rights shall terminate.
8A mining lessee has the exclusive rights of possession and extraction of all minerals
9subject to AS 38.05.185 - 38.05.275 lying within the boundaries of the lease or
10location. Mining leases may be issued for one location or for a group of contiguous
11locations held in common. Minerals may not be mined and marketed or used until a
12lease is issued, except for limited amounts necessary for sampling or testing.
13  * Sec. 4. AS 38.05.945(b) is amended to read:
14(b) When notice is required to be given under this section,
15(1)   the notice must contain sufficient information in commonly
16understood terms to inform the public of the nature of the action and the opportunity
17of the public to comment on it;
18(2)   if the notice is of a preliminary written finding described in
19(a)(3)(A) of this section, the department shall give notice at the beginning of the public
20comment period for the preliminary written finding, notifying the public of the right to
21submit comments; the department shall give notice by [(A)] posting the notice on the
22Alaska Online Public Notice System (AS 44.62.175) for at least 30 consecutive days;
23the department may also give notice by one or more of the following methods:
24(A) [(B)     PUBLICATION OF A NOTICE IN DISPLAY
25ADVERTISING FORM DESCRIBING THE PROPOSED ACTION AND
26REFERENCING THE ONLINE NOTICE REQUIRED IN (A) OF THIS
27PARAGRAPH IN NEWSPAPERS OF STATEWIDE CIRCULATION AND
28IN NEWSPAPERS OF GENERAL CIRCULATION IN THE VICINITY OF
29THE PROPOSED ACTION, IF AVAILABLE, AT LEAST ONCE A WEEK
30FOR TWO CONSECUTIVE WEEKS;
31(C)]   public service announcements on the electronic media
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1serving the area to be affected by the proposed action;
2(B)    [AND (D) ONE OR MORE OF THE FOLLOWING
3METHODS:
4(i)]   publication of a [LEGAL] notice in display
5advertising form in newspapers of statewide circulation or in
6newspapers of general circulation in the vicinity of the proposed action;
7(C) [, IF AVAILABLE, AT LEAST ONCE A WEEK FOR
8TWO CONSECUTIVE WEEKS;
9(ii)] posting in a conspicuous location in the vicinity of
10the action;
11(D) [(iii)] notification of parties known or likely to be affected
12by the action; or
13(E) [(iv)] another method calculated to reach affected parties;
14(3) if the notice is of an action described in (a) of this section, other
15than notice of an action under (a)(3)(A) of this section, the department shall give
16notice at least 30 days before the action by posting the notice on the Alaska Online
17Public Notice System (AS 44.62.175) for at least 30 consecutive days and by one or
18more of the following methods:
19(A)    publication of a notice in display advertising form
20describing the proposed action and referencing the online notice required in
21this paragraph in newspapers of statewide circulation and in newspapers of
22general circulation in the vicinity of the proposed action, if available [, AT
23LEAST ONCE A WEEK FOR TWO CONSECUTIVE WEEKS];
24(B) publication through public service announcements on the
25electronic media serving the area affected by the action;
26(C) posting in a conspicuous location in the vicinity of the
27action;
28(D) notification of parties known or likely to be affected by the
29action; or
30(E) another method calculated to reach affected persons.
31  * Sec. 5. AS 44.62.175(a) is amended to read:
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1(a) The lieutenant governor shall develop and supervise the Alaska Online
2Public Notice System, to be maintained on the state's site on the Internet. The
3lieutenant governor shall prescribe the form of notices posted on the system by state
4agencies. The Alaska Online Public Notice System must include
5(1) notices of proposed actions given under AS 44.62.190(a);
6(2) notices of state agency meetings required under AS 44.62.310(e),
7even if the meeting has been held;
8(3) notices of solicitations to bid issued under AS 36.30.130;
9(4)    notices of state agency requests for proposals issued under
10AS 18.55.255,       18.55.320;   AS 36.30.210;    AS 37.05.316;    AS 38.05.120;    and
11AS 43.40.010;
12(5) executive orders and administrative orders issued by the governor;
13(6) written delegations of authority made by the governor or the head
14of a principal department under AS 44.17.010;
15(7) the text or a summary of the text of a regulation or order of repeal
16of a regulation for which notice is given under AS 11.71.125 or AS 44.62.190(a),
17including an emergency regulation or repeal regardless of whether it has taken effect;
18(8) notices required by AS 44.62.245(b) regarding an amended version
19of a document or other material incorporated by reference in a regulation;
20(9) a summary of the text of recently issued published opinions of the
21attorney general;
22(10) a list of vacancies on boards, commissions, and other bodies
23whose members are appointed by the governor;
24(11) in accordance with AS 39.52.240(h), advisory opinions of the
25attorney general;
26(12)     notices required by AS 26.30.010(d) and (e) regarding
27applications for military facility zones; [AND]
28(13) notices of substances scheduled by an emergency regulation under
29AS 11.71.125; and
30(14) notices required to be posted on the system under AS 38 and
31AS 46.
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1  * Sec. 6. AS 44.62.190(a) is amended to read:
2(a) At least 30 days before the adoption, amendment, or repeal of a regulation,
3notice of the proposed action shall be
4(1)     posted on the Alaska Online Public Notice System
5(AS 44.62.175) and, at the discretion of the state agency giving the notice,
6published in a [THE] newspaper of general circulation or trade or industry publication
7that the state agency prescribes [AND POSTED ON THE ALASKA ONLINE
8PUBLIC NOTICE SYSTEM; IN THE DISCRETION OF THE STATE AGENCY
9GIVING THE NOTICE, THE REQUIREMENT OF PUBLICATION IN A
10NEWSPAPER OR TRADE OR INDUSTRY PUBLICATION MAY BE SATISFIED
11BY USING A COMBINATION OF PUBLICATION AND BROADCASTING;
12WHEN BROADCASTING THE NOTICE, AN AGENCY MAY USE AN
13ABBREVIATED FORM OF THE NOTICE IF THE BROADCAST PROVIDES THE
14NAME AND DATE OF THE NEWSPAPER OR TRADE OR INDUSTRY
15JOURNAL AND THE INTERNET ADDRESS OF THE ALASKA ONLINE
16PUBLIC NOTICE SYSTEM WHERE THE FULL TEXT OF THE NOTICE CAN BE
17FOUND];
18(2) furnished to every person who has filed a request for notice of
19proposed action with the state agency;
20(3) if the agency is within a department, furnished to the commissioner
21of the department;
22(4) when appropriate in the judgment of the agency,
23(A) furnished to a person or group of persons whom the agency
24believes is interested in the proposed action; and
25(B) published or broadcast in the additional form and manner
26the state agency prescribes;
27(5) furnished to the Department of Law together with a copy of the
28proposed regulation, amendment, or order of repeal for the department's use in
29preparing the opinion required after adoption and before filing by AS 44.62.060;
30(6) furnished by electronic format to all incumbent State of Alaska
31legislators.
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1  * Sec. 7. AS 44.62.190(f) is amended to read:
2(f) To the extent feasible, the subject line of electronic mail and the title of a
3[WRITTEN] publication providing the information required by (d) of this section must
4give the reader a fair idea of the substance of the proposed new regulation, the
5proposed amended regulation, or the regulation proposed for repeal.
6  * Sec. 8. AS 44.62.245(b) is amended to read:
7(b) When the amended version of a document or other material incorporated
8by reference in a regulation as described in (a) of this section becomes available, the
9state agency shall
10(1) make the amended version of the document or other material
11available to the public for review; and
12(2) post on the Alaska Online Public Notice System (AS 44.62.175)
13and, at the discretion of the agency, publish in a newspaper of general circulation,
14[OR] trade or industry publication, or [IN A] regularly published agency newsletter or
15similar printed publication, not later than 15 days after the amended version of the
16document or other material becomes available, a notice that describes the affected
17regulation, the effective date of the amended version of the document or other
18material, and how a copy of the amended version may be obtained or reviewed.
19  * Sec. 9. AS 44.62.300(b) is amended to read:
20(b) Notwithstanding (a) of this section, a person may not bring an action in
21court to challenge the adoption, repeal, or amendment of a regulation by a state agency
22for
23(1)   insufficiency or inaccuracy of the information provided under
24AS 44.62.190(d) or (g);
25(2)   failure of the subject line of electronic mail or the title of a
26[WRITTEN] publication to meet the requirements of AS 44.62.190(f);
27(3) failure of the brief description required by AS 44.62.200(d) to
28comply with the requirements of AS 44.62.200(d) relating to
29(A) the clarity and readability of the brief description; or
30(B)   the description of the changes made by the proposed
31adoption, amendment, or repeal of a regulation; or
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1(4) inaccuracy or insufficiency of the answer to a question provided by
2the state agency under AS 44.62.213.
3  * Sec. 10. AS 46.03.110(b) is amended to read:
4(b) After receipt of a proper application for an individual or general permit or
5a determination by the department that a general permit should be proposed, the
6department shall post [PUBLISH] notice of the application or proposal, or of the
7availability of a draft permit for comment, as applicable, on the Alaska Online Public
8Notice System (AS 44.62.175). At the discretion of the department, the notice may
9also be published in [AT LEAST TWO PUBLICATIONS OF] a newspaper of
10general circulation within the general area in which the disposal of waste material is
11proposed to be made or [. THE NOTICE SHALL ALSO BE POSTED ON THE
12ALASKA ONLINE  PUBLIC      NOTICE SYSTEM MAINTAINED UNDER
13AS 44.62.175 AND MAY ALSO BE PUBLISHED] in other [APPROPRIATE]
14information media the department deems appropriate. The notice must include a
15statement that a person who wants to present views to the department with regard to
16the application or proposal may do so in writing to the department within 30 days after
17the first publication of the notice. The written response entitles the writer to a copy of
18the application or draft permit, and, in the case of an application or proposal to issue a
19general permit, the application or proposal shall also be posted by the department on
20the Internet at the same time that notice is published under this subsection.
21  * Sec. 11. AS 46.15.065(b) is amended to read:
22(b) The commissioner shall, as soon as practicable, determine the rights of
23persons owning existing appropriations. To accomplish this, the commissioner shall
24(1)    by order set a definite period for filing a declaration of
25appropriation within a specified area or from a specified source;
26(2) post [PUBLISH] notice of the order on the Alaska Online Public
27Notice System (AS 44.62.175) for at least three consecutive weeks before the
28beginning of the period; when appropriate in the judgment of the commissioner,
29the commissioner may also publish the notice [ONCE A WEEK FOR THREE
30WEEKS] before the beginning of the period in a newspaper of general circulation in
31the affected area; and
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1(3) give notice of the order by certified mail to any appropriator within
2the specified area or from the specified source who has requested mailed notice or of
3whom the commissioner can readily obtain knowledge, including each owner of a
4recorded mining claim.
5  * Sec. 12. AS 46.15.133(b) is amended to read:
6(b) The commissioner shall post [PUBLISH] the notice on the Alaska Online
7Public Notice System (AS 44.62.175) and, when appropriate in the judgment of
8the commissioner, in [ONE ISSUE OF] a newspaper of general distribution in the
9area of the state in which the water is to be appropriated, removed, or sold. The
10commissioner shall also have notice served personally or by certified mail on [UPON]
11an appropriator of water or applicant for or holder of a permit who, according to the
12records of the division of lands, may be affected by the proposed sale, appropriation,
13or removal and may serve notice on [UPON] any governmental agency, political
14subdivision, or person; notice shall also be served on [UPON] the Department of Fish
15and Game and the Department of Environmental Conservation. An applicant for an
16appropriation or removal shall pay the commissioner's costs in providing publication
17and notice under this subsection. The commissioner may require as a condition of a
18sale of water under AS 46.15.037 [,] that a purchaser of water reimburse the
19department for the costs associated with providing notice of the proposed sale.
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