Alaska 33rd Legislature (2023-2024) Status: Enacted Bipartisan · 1 R · 1 D cosponsors

HB 329 — An Act relating to state tideland leases; relating to geoduck seed transfers; and relating to aquatic farming or related hatchery operation site leases.

Last action — (H) EFFECTIVE DATE(S) OF LAW 11/20/24

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 15, 2024. Enacted.

Signed by Governor Mike Dunleavy (Republican) on October 09, 2024.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 74% · high confidence

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (1 R · 1 D) — cross-party backing.

  • Mixed recorded votes

    2 passed, 2 failed in recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

100 added · 68 removed

Plain-language change summary

The recent amendments to Bill HB 329 clarify and expand regulations around the leasing of state tidelands and the transfer of geoduck seeds between certified hatcheries and aquatic farms. Notably, the revised bill now allows these transfers specifically in two areas: near islands in the Aleutian Chain and in the Gulf of Alaska. This change is significant as it supports local aquaculture and sustainable seafood production, potentially boosting the state's economy. Additionally, the bill specifies that state tidelands cannot be leased solely for carbon management, redirecting focus to agricultural and aquaculture activities instead.

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33-LS0552\R HOUSE BILL NO.
LAWS OF ALASKA Source Chapter No.
329 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - SECOND SESSION BY REPRESENTATIVES VANCE, Josephson Introduced:
CSHB 329(FSH) am _______ AN ACT Relating to state tideland leases;
2/15/24 Referred:
relating to geoduck seed transfers;
House Special Committee on Fisheries, Resources A BILL FOR AN ACT ENTITLED "An Act relating to state tideland leases;
and relating to aquatic farming or related hatchery operation site leases.
and relating to aquatic farming or related hatchery operation site leases." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
_______________ BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
* Section 1.
THE ACT FOLLOWS ON PAGE 1 Enrolled HB 329 AN ACT Relating to state tideland leases;
AS 38.05.081(a) is amended to read:
relating to geoduck seed transfers;
(a) Except as provided in (n) of this section, the[THE] commissioner may lease state land for carbon management purposes.
and relating to aquatic farming or related hatchery operation site leases.
A lease agreement under this section must include land use restrictions and authorizations consistent with the carbon management purpose of the lease.
_______________ * Section 1.
AS 16.40.145 is amended to read:
Sec.
16.40.145.
Geoduck seed transfer between a certified hatchery and an aquatic farm.
Consistent with AS 16.40.140(b) - (d), a hatchery certified under AS 16.40.100 may transfer geoduck seed to an aquatic farm located in a fisheries management area established under this title that is contiguous to an island in the Aleutian Chain or to the Gulf of Alaska.
AS 38.05.081 is amended by adding a new subsection to read:
AS 38.05.070(e) is amended to read:
(n) The commissioner may not lease state tideland to a person solely for carbon management purposes.
(e) The director may renew a lease issued under this section, AS 38.05.075, 38.05.083, or 38.05.810 upon its expiration if the lease is in good standing and the lease renewal is determined to be in the best interests of the state.
A renewal issued under this subsection is not subject to AS 38.05.035(e).
A lease under this section, -1- Enrolled HB 329 AS 38.05.075, [38.05.083,] or 38.05.810 may be renewed only once for a term not longer than the initial term of the lease.
The director shall provide notice of the lease renewal decision.
AS 38.05.081(a) is amended to read:
(a) The commissioner may lease state land for carbon management purposes.
However, the commissioner may exclude from consideration land for which a person has submitted a lease application under AS 38.05.083 if the commissioner finds that excluding the land from consideration is in the public interest.
A lease agreement under this section must include land use restrictions and authorizations consistent with the carbon management purpose of the lease.
* Sec.
4.
AS 38.05.081(c) is amended to read:
(c) Upon receiving an application to use state land for carbon management purposes, unless the land applied for is excluded from consideration by the commissioner under (a) of this section, the department shall solicit competitive interest by issuing a public notice in the manner prescribed in AS 38.05.945.
The notice must contain an announcement seeking competitive interest.
If competing carbon management applications are received following notice, the applications will be awarded under (d) of this section.
In addition to issuing notice under AS 38.05.945, the department shall provide public notice of an application received under this section to a person leasing, or who has applied to lease, land under AS 38.05.083 that is within 25 miles of the land proposed for lease in the application received under this section.
* Sec.
5.
(c) An aquatic farming or related hatchery operation [A] site [MAY BE] leased under this section is subject to appraisal under AS 38.05.840 only if the HB0329a -1- HB 329 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0552\R commissioner determines in writing that the site is subject to appraisal under AS 38.05.840 [FOR NOT LESS THAN THE APPRAISED FAIR MARKET VALUE OF THE LEASE.
(c) An aquatic farming or related hatchery operation [A] site [MAY BE] leased under this section is subject to appraisal under AS 38.05.840 only if the commissioner determines in writing that the site is subject to appraisal under AS 38.05.840 [FOR NOT LESS THAN THE APPRAISED FAIR MARKET VALUE OF THE LEASE.
4.
6.
(f) The commissioner shall adopt regulations establishing criteria for the approval or denial of leases under this section and for limiting the number of sites for which leases may be issued in an area in order to protect the environment and natural resources of the area.
(f) The commissioner shall adopt regulations establishing criteria for the Enrolled HB 329 -2- approval or denial of leases under this section and for limiting the number of sites for which leases may be issued in an area in order to protect the environment and natural resources of the area.
5.
7.
(l) The lessee of a site leased under this section is eligible for a preference to lease the site under AS 38.05.102 but is not eligible for a preference to purchase the site under AS 38.05.102.
(l) If the director finds that it is in the best interests of the state, the director shall preference the lessee of a site leased under this section in renewing the lease for the site or in issuing a new lease for the site.
A lessee under this section is not eligible for a preference to purchase the site under AS 38.05.102.
(n) Notwithstanding AS 38.05.070(b), a lease negotiated under this section may be issued for a period of up to 25 years.
(n) A lease issued under this section may be renewed for a period of up to 20 years.
HB 329 -2- HB0329a New Text Underlined [DELETED TEXT BRACKETED] 33-LS0552\R * Sec.
* Sec.
Show all 52 changed rows (12 more)
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6.
8.
AS 38.05.102 is amended to read:
Sec.
38.05.102.
Lessee preference.
Except for a lease under AS 38.05.081 or 38.05.083, if land within a leasehold created under AS 38.05.070 - 38.05.105 is offered for sale or long-term lease at the termination of the existing leasehold, the director may, upon a finding that it is in the best interest of the state, allow a holder in -3- Enrolled HB 329 good standing of the existing leasehold to purchase or lease the land for its appraised fair market value at the time of the sale or long-term lease.
* Sec.
9.
AS 38.05.081, as amended by sec.
The public notice requirements added by AS 38.05.081(c), as amended by sec.
1 of this Act, and AS 38.05.081(n), added by sec.
4 of this Act, apply to an application submitted for a lease of state tide or submerged land for a carbon management purpose under AS 38.05.081 received by the Department of Natural Resources on or after the effective date of this Act.
2 of this Act, apply to a lease of state tideland for carbon management purposes or a renewal of a lease of state tideland for carbon management purposes entered into on or after the effective date of this Act.
Enrolled HB 329 -4-
HB0329a -3- HB 329 New Text Underlined [DELETED TEXT BRACKETED]
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Action History

  1. (H) EFFECTIVE DATE(S) OF LAW 11/20/24

  2. (H) Signed into law 8/22 CHAPTER 31 SLA 24

  3. (H) 11:25 A.M. 8/14/24 Transmitted to Governor

  4. (S) VERSION: CSHB 329(FSH) AM

  5. (S) RETURN TO (H), TRANSMIT TO GOV NEXT

  6. (S) PASSED Y20 N-

  7. (S) READ THE THIRD TIME CSHB 329(FSH) AM

  8. (S) ADVANCED TO THIRD READING UC

  9. (S) READ THE SECOND TIME

  10. (S) RULES TO FIRST SUP CALENDAR 5/15/2024

  11. (S) Moved CSHB 329(FSH) AM Out of Committee

  12. (S) RESOURCES at 03:30 PM BUTROVICH 205

  13. (S) FN2: ZERO(DNR)

  14. (S) AM: KAWASAKI

  15. (S) NR: CLAMAN, WIELECHOWSKI, DUNBAR

  16. (S) DP: BISHOP, GIESSEL, KAUFMAN

  17. (S) RES RPT 3DP 3NR 1AM

  18. (S) Heard & Held

  19. (S) RESOURCES at 03:30 PM BUTROVICH 205

  20. (S) RES

  21. (S) READ THE FIRST TIME - REFERRALS

  22. (H) VERSION: CSHB 329(FSH) AM

  23. (H) TRANSMITTED TO (S)

  24. (H) COSPONSOR(S): JOSEPHSON

  25. (H) PASSED Y38 E1 A1

  26. (H) READ THE THIRD TIME CSHB 329(FSH) AM

  27. (H) ADVANCED TO THIRD READING UC

  28. (H) AM NOS 4 AND 5 NOT OFFERED

  29. (H) AM NO 3 FAILED Y1 N36 E1 A2

  30. (H) AM NO 2 FAILED Y3 N36 E1

  31. (H) AM NO 1 ADOPTED UC

  32. (H) FSH CS ADOPTED UC

  33. (H) READ THE SECOND TIME

  34. (H) RULES TO CALENDAR 5/3/2024

  35. (H) FIN REFERRAL REMOVED

  36. (H) FN1: (DNR)

  37. (H) NR: MEARS, DIBERT, SADDLER, WRIGHT

  38. (H) DP: MCCABE, BAKER, RAUSCHER, MCKAY

  39. (H) RES RPT CS(FSH) NEW TITLE 4DP 4NR

  40. (H) Minutes (HRES)

  41. (H) Moved CSHB 329(FSH) Out of Committee -- Delayed to 15 Minutes Following Session --

  42. (H) RESOURCES at 01:00 PM BARNES 124

  43. (H) Minutes (HRES)

  44. (H) Heard & Held

  45. (H) RESOURCES at 01:00 PM BARNES 124

  46. (H) Minutes (HRES)

  47. (H) Heard & Held

  48. (H) RESOURCES at 01:00 PM BARNES 124

  49. (H) FIN REFERRAL ADDED AFTER RES

  50. (H) FN1: (DNR)

  51. (H) DP: C.JOHNSON, HIMSCHOOT, CARPENTER, STUTES, MCCABE, VANCE

  52. (H) FSH RPT CS(FSH) NEW TITLE 6DP

  53. (H) Moved CSHB 329(FSH) Out of Committee

  54. (H) FISHERIES at 10:00 AM GRUENBERG 120

  55. (H) -- MEETING CANCELED --

  56. (H) FISHERIES at 10:00 AM GRUENBERG 120

  57. (H) <Bill Hearing Rescheduled to 03/21/24>

  58. (H) FISHERIES at 10:00 AM GRUENBERG 120

  59. (H) -- MEETING CANCELED --

  60. (H) FISHERIES at 10:00 AM GRUENBERG 120

  61. (H) Heard & Held

  62. (H) FISHERIES at 10:00 AM GRUENBERG 120

  63. (H) Minutes (HFSH)

  64. (H) <Bill Hearing Canceled> -- Delayed to 10:30 AM --

  65. (H) FISHERIES at 10:00 AM GRUENBERG 120

  66. (H) Minutes (HFSH)

  67. (H) <Bill Hearing Canceled>

  68. (H) FISHERIES at 10:00 AM GRUENBERG 120

  69. (H) FSH, RES

  70. (H) READ THE FIRST TIME - REFERRALS

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 63 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (63)

63 members have not signed on to this bill.

Show all 63 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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environment agriculture
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Frequently asked questions

Who sponsors HB 329?
HB 329 is sponsored by Andy Josephson (D) and Sarah Vance (R).
What is the current status of HB 329?
This bill has been enacted into law. Introduced February 15, 2024. Enacted.
Where can I track HB 329?
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