Alaska 33rd Legislature (2023-2024) Status: Enacted 11 R cosponsors

HB 104 — An Act relating to timber sales.

Last action — (H) EFFECTIVE DATE(S) OF LAW 10/27/24

  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 March 08, 2023. 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 66% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 18 sponsors

    1 primary, 17 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (11 R).

  • Mixed recorded votes

    7 passed, 7 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

86 added · 58 removed

Plain-language change summary

The updated version of Bill HB 104 makes some important changes to the way timber sales are handled in Alaska. It expands the criteria for expedited timber sales specifically for situations involving salvage, fire, and pest mitigation, aiming to speed up the process when these conditions arise. The bill also clarifies that sales of 160 acres or less are exempt from certain requirements, which could encourage quicker transactions. These adjustments matter because they could help reduce the risk of wildfires and timber loss, promoting better forest management and supporting local economies that rely on timber.

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33-LS0474\B HOUSE BILL NO.
LAWS OF ALASKA Source Chapter No.
104 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - SECOND SESSION BY REPRESENTATIVES CRONK, Rauscher, McCabe, McKay, Sumner, Tomaszewski, C.Johnson, Carpenter, Vance, D.Johnson, Ruffridge, Wright Introduced:
SCS CSHB 104(RES) _______ AN ACT Relating to timber sales.
3/8/23 Referred:
_______________ BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
Resources A BILL FOR AN ACT ENTITLED "An Act relating to expedited timber sales." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
THE ACT FOLLOWS ON PAGE 1 Enrolled HB 104 AN ACT Relating to timber sales.
* Section 1.
_______________ * Section 1.
The uncodified law of the State of Alaska is amended by adding a new section to read:
AS 38.05.110(c) is amended to read:
LEGISLATIVE PURPOSE.
(c) If a sale of timber may be offered under multiple provisions of AS 38.05.110 - 38.05.120 [AS 38.05.110 - 38.05.123], the commissioner shall determine the applicable provisions under which to offer the timber.
The purpose of this Act is to reduce the risk and cost of fires, minimize the loss of harvestable timber caused by fire, insect infestation, and disease epidemics, and support an increase in value-added producers and facilities.
AS 38.05.110(c) is amended to read:
AS 38.05.113(c) is amended to read:
(c) If a sale of timber may be offered under multiple provisions of AS 38.05.110 - 38.05.124 [AS 38.05.110 - 38.05.123], the commissioner shall determine the applicable provisions under which to offer the timber.
(c) Sales of 160 acres or less and expedited sales conducted under AS 38.05.117 [EMERGENCY SALES] are exempt from the requirements of this section.
AS 38.05 is amended by adding a new section to article 4 to read:
AS 38.05.117 is repealed and reenacted to read:
38.05.124.
38.05.117.
Expedited timber sales.
Expedited sales for salvage, fire, and pest mitigation.
(a) Notwithstanding the provisions of AS 38.05.112 - 38.05.117 and 38.05.120, upon finding that a sale is in the best interest of the state, the commissioner may expedite the sale of timber in areas subject to high HB0104a -1- HB 104 New Text Underlined [DELETED TEXT BRACKETED] 33-LS0474\B annual fire danger or insect or disease epidemics.
(a) After making a written finding that the disposal will serve the best interests of the state under AS 38.05.035(e), the commissioner may offer, on an expedited basis, timber for sale under this section that the commissioner has determined -1- Enrolled HB 104 (1) has lost economic value because of insect infestation, disease, or the effects of fire or fire suppression activities;
(b) A timber sale contract entered into under this section shall provide for a harvest in an amount to be determined by the commissioner.
(2) that, if not harvested within two years, is likely to lose substantial economic value because of insect infestation, disease, or the effects of fire or fire suppression activities;
In determining a harvest amount, the commissioner shall take into consideration the needs of existing competing commercial harvesters.
(3) the removal of which will aid in preventing surrounding timber or forested land from losing economic value because of imminent insect infestation or disease;
The harvest must be consistent with sustained yield principles and, if requested, may be negotiated for a term of not less than seven years.
or (4) is located on land that is to be cleared for conversion to nonforest uses.
(c) Initial stumpage rates for a contract under this section must be determined by negotiation and based on current market conditions and the need to reduce annual fire risks or manage levels of insect or disease epidemics.
(b) The provisions of AS 38.05.113 do not apply to timber sales conducted under this section.
(d) In making the best interest finding required by AS 38.05.035(e) and this section, before offering an expedited timber sale, the commissioner shall find that the timber has been burned by fire, infected by insects or disease, or is in an area with a high annual threat of fire or of insect or disease epidemics and, as a result, the timber (1) creates, or will create, a public safety issue;
(c) In this section, "forested land" has the meaning given in AS 41.15.170.
(2) results in, or may result in, the destruction of habitat or decrease in wildlife populations;
* Sec.
(3) affects, or may affect, soil stability;
4.
(4) negatively affects businesses that depend on a steady, long-term supply of timber;
AS 38.05.118 is amended by adding new subsections to read:
and (5) eliminates, or may eliminate, other commercially viable or better uses for the timber, such as the likelihood of commercial success of locally manufactured high value-added wood products.
(d) Notwithstanding AS 38.05.115 and (a) of this section, and upon a written finding that the sale is in the best interest of the state and will promote economic activity in the timber sector or reduce the risk of fire or the spread of disease or insect infestation, the commissioner may negotiate a sale of timber to a local manufacturer of wood products or a user of wood fiber at less than the appraised value.
(e) An expedited timber sale under this section does not affect other timber harvest programs under AS 38.05.110 - 38.05.120.
However, while an initial stumpage rate for a contract under this subsection shall be determined by negotiation, the rate may not be less than the base price for the area as established under regulations adopted by the commissioner.
(f) In this section, "expedited timber sale" means a sale that shortens the time frame for each step of the timber sale process and concentrates personnel actions to maximize the amount of qualifying burnt, infected, diseased, or threatened timber available for harvest.
A contract under this subsection must provide that a stumpage rate be redetermined by negotiation at least once every five years during the term of the contract to reflect changes in market conditions.
HB 104 -2- HB0104a New Text Underlined [DELETED TEXT BRACKETED]
The redetermined rate may not be less than the base price for the area as established under regulations adopted by the commissioner.
(e) If more than one local manufacturer of wood products or user of wood fiber expresses interest in the same sale of timber under this section, the commissioner may sell the timber by bid under AS 38.05.120.
* Sec.
5.
AS 38.05.123 is repealed.
* Sec.
6.
The uncodified law of the State of Alaska is amended by adding a new section to Enrolled HB 104 -2- read:
REPORT TO THE LEGISLATURE.
Not later than the 30th day of the Second Regular Session of the Thirty-Fourth Alaska State Legislature, the Department of Natural Resources shall prepare and present a report to the senate secretary and chief clerk of the house of representatives on timber sales conducted by the department under AS 38.05.110 - 38.05.120 for the period between July 1, 2024, and June 30, 2025, and notify the legislature that the report is available.
The report must (1) include an accounting of timber sales conducted under AS 38.05.110 - 38.05.120 that describes each timber sale, including (A) the limitations, conditions, and terms of the sale;
(B) whether the sale was a salvage, fire, or pest mitigation sale under AS 38.05.117, as repealed and reenacted by sec.
3 of this Act, a negotiated sale under AS 38.05.118, as amended by sec.
4 of this Act, or another type of sale;
(C) if applicable, the amount of time between the publication of the written finding and the timber being offered for sale, and any other factors that extended the period required for publication of the written finding authorizing the sale, if any, or otherwise delayed the sale;
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and (D) how the department provided notice of the sale;
(2) describe and account for any timber sale for which a final best interest finding under AS 38.05.035(e) was issued that did not occur because the timber subject to the sale lost economic value as a result of insect infestation, disease, or fire;
(3) include any changes to state statute that the departrcommends to make the state's timber available for the maximum benefit of the people of the state in a manner consistent with the public interest;
and (4) include any other information that, in the judgment of the department, would be of use to the legislature in improving the state's timber disposal procedures.
-3- Enrolled HB 104
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Action History

  1. (H) EFFECTIVE DATE(S) OF LAW 10/27/24

  2. (H) Signed into law 7/29 CHAPTER 17 SLA 24

  3. (H) MANIFEST ERROR(S)

  4. (H) 9:00 A.M. 7/16/24 Transmitted to Governor

  5. (H) COSPONSOR(S): WRIGHT

  6. (H) CONCURRED AM OF (S) Y39 N1

  7. (H) TITLE CHANGE: SCR 14

  8. (H) CONCUR TAKEN UP

  9. (S) VERSION: SCS CSHB 104(RES)

  10. (S) TRANSMITTED TO (H) AS AMENDED

  11. (S) PASSED Y18 N2

  12. (S) AUTOMATICALLY IN THIRD READING

  13. (S) RES SCS ADOPTED UC

  14. (S) RETURN TO SECOND FOR AM UC

  15. (S) READ THE THIRD TIME CSHB 104(RES) AM

  16. (S) MOVED TO BOTTOM OF CALENDAR

  17. (S) ADVANCED TO THIRD READING 5/15 CAL

  18. (S) READ THE SECOND TIME

  19. (S) RULES TO FIRST SUP CALENDAR 5/14/2024

  20. (S) FN2: ZERO(DNR)

  21. (S) AM: KAWASAKI

  22. (S) NR: WIELECHOWSKI, KAUFMAN

  23. (S) DP: BISHOP, GIESSEL, CLAMAN, DUNBAR

  24. (S) TITLE CHANGE: SCR 14

  25. (S) RES RPT SCS 4DP 2NR 1AM NEW TITLE

  26. (S) Moved SCS CSHB 104(RES) Out of Committee

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

  28. (S) CROSS SPONSOR(S): HUGHES

  29. (S) Minutes (SRES)

  30. (S) Heard & Held **Streamed live on AKL.tv**

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

  32. (S) Minutes (SRES)

  33. (S) Heard & Held -- Delayed to 4:00 p.m. --

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

  35. (S) Minutes (SRES)

  36. (S) Scheduled but Not Heard

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

  38. (S) CROSS SPONSOR(S): KAUFMAN

  39. (S) Minutes (SRES)

  40. (S) Heard & Held

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

  42. (S) CROSS SPONSOR(S): MERRICK, SHOWER, STEDMAN

  43. (S) CROSS SPONSOR(S): BJORKMAN

  44. (S) RES

  45. (S) READ THE FIRST TIME - REFERRALS

  46. (H) VERSION: CSHB 104(RES) AM

  47. (H) TRANSMITTED TO (S)

  48. (H) EFFECTIVE DATE(S) SAME AS PASSAGE

  49. (H) PASSED Y32 N5 E3

  50. (H) READ THE THIRD TIME CSHB 104(RES) AM

  51. (H) COSPONSOR(S): C.JOHNSON, CARPENTER, VANCE, D.JOHNSON, RUFFRIDGE

  52. (H) ADVANCED TO THIRD READING 4/20 CALENDAR

  53. (H) AM NO 11 FAILED Y14 N24 E2

  54. (H) AM NO 10 FAILED Y4 N34 E2

  55. (H) AM NO 9 FAILED Y11 N27 E2

  56. (H) AM NO 8 FAILED Y13 N25 E2

  57. (H) AM NO 7 FAILED Y13 N25 E2

  58. (H) AM NO 6 NOT OFFERED

  59. (H) AM NO 5 OFFERED AND WITHDRAWN

  60. (H) AM NO 4 FAILED Y14 N24 E2

  61. (H) AM NO 3 AS AMD ADOPTED Y36 N2 E2

  62. (H) AM 2 TO AM 3 ADOPTED UC

  63. (H) AM 1 TO AM 3 WITHDRAWN

  64. (H) RESCIND ACTION (ADOPTED) AM 1 TO AM 3 UC

  65. (H) AM 1 TO AM 3 ADOPTED Y38 E2

  66. (H) RESCIND ACTION (ADOPTED) AM 3 PASSED Y34 N4 E2

  67. (H) AM NO 3 ADOPTED Y21 N17 E2

  68. (H) AM NO 2 NOT OFFERED

  69. (H) AM NO 1 FAILED Y14 N24 E2

  70. (H) RES CS ADOPTED UC

  71. (H) READ THE SECOND TIME

  72. (H) RULES TO CALENDAR 4/19/2023

  73. (H) COSPONSOR(S): TOMASZEWSKI

  74. (H) FN1: ZERO(DNR)

  75. (H) NR: ARMSTRONG, PATKOTAK

  76. (H) DP: RAUSCHER, MCCABE, SADDLER, MCKAY

  77. (H) RES RPT CS(RES) NEW TITLE 4DP 2NR

  78. (H) Minutes (HRES)

  79. (H) Moved CSHB 104(RES) Out of Committee -- Delayed due to technical difficulties --

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

  81. (H) -- MEETING CANCELED --

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

  83. (H) Minutes (HRES)

  84. (H) Heard & Held

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

  86. (H) Minutes (HRES)

  87. (H) Heard & Held

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

  89. (H) COSPONSOR(S): SUMNER

  90. (H) COSPONSOR(S): MCKAY

  91. (H) RES

  92. (H) READ THE FIRST TIME - REFERRALS

Sponsors

Sponsorship breakdown

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1 sponsors · 17 co-sponsors · 47 not signed on

Sponsors (1)

Co-sponsors (17)

Not signed on (47)

47 members have not signed on to this bill.

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"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

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environment agriculture
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Frequently asked questions

Who sponsors HB 104?
HB 104 is sponsored by Hughes, James Kaufman (R), Bert Stedman (R), Shower, Kelly Merrick (R), Jesse Bjorkman (R), Wright, Justin Ruffridge (R), DeLena Johnson (R), Sarah Vance (R), Carpenter, C.Johnson, Frank Tomaszewski (R), Sumner, Mckay, Kevin McCabe (R), George Rauscher (R), and Mike Cronk (R).
What is the current status of HB 104?
This bill has been enacted into law. Introduced March 08, 2023. Enacted.
Where can I track HB 104?
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