HB 220 — An Act relating to easements and rights-of-way in state parks.

34-LS0322\G34-LS0322\I SPONSOR SUBSTITUTE FOR HOUSE BILL NO.

220 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - SECONDFIRST SESSION BY REPRESENTATIVESREPRESENTATIVE MCCABE,MCCABE G.Nelson Introduced:

2/23/265/7/25 Referred:

The department shall [MAY] grant a public easement or public right-of-way within a state park unit for access to private property or an easement or right-of-way for the installation, operation, maintenance, upgrade, removal, or replacement of public utility facilities and infrastructure if the commissioner determines that the easement or right-of-way (1) will not unduly affect park resources;

(b) InA grantingutility provider or property owner seeking an easement or right-of-way forunder a(a) facilityof orthis infrastructuresection ofshall asubmit publican utilityapplication underon (a)a ofform thisprovided section,or thein departmenta shallformat ensureapproved thatby the easementdepartment orthat HB0220bHB0220a -1- SSHBHB 220 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0322\G34-LS0322\I right-of-way(1) providesdescribes adequate(A) andhow feasible access for (1) the purposeseasement foror which the right-of-way orwill easementbenefit wasthe intended;public interest;

and (2) installation, operation, maintenance, upgrade, removal, or replacement of the affected utility facilities and infrastructure.

(c) If a person seeking an easement or right-of-way applies under (d) of this section and the commissioner determines that the easement or right-of-way is not disqualified under (a)(1) - (3) of this section, the department shall grant the easement or right-of-way and may not provide the person another lesser land use authorization or permission in lieu of the easement or right-of-way.

(d) A utility provider or property owner seeking an easement or right-of-way under (a) of this section shall submit an application on a form provided or in a format approved by the department that (1) describes (A) how the easement or right-of-way will benefit the public interest;

and (B) a survey of the area that would be affected by the easement or right-of-way;right-of-way in a format established in regulations adopted by the department.

(c) The scope and detail required for purposesan assessment in an application under (b)(2)(A) of this subparagraph,section amust cadastralbe surveycommensurate iswith notthe required,planned use, and the surveylikely mayeffects, beof performedan byeasement GPSor inright-of-way aapplied formatfor establishedand ingranted regulationsunder adoptedthis bysection. the department.

(e)Assessment Therequirements scopeadopted andby detail required for an assessment in an application under (d)(2)(A) of this section must be commensurate with the planneddepartment use,shall, andto the likelyextent effects,possible, ofminimize anproject easementdelays or right-of-way applied for and grantedan underapplicant's thisexpenses. section.

Assessment(d) requirementsThe adoptedcommissioner byshall theapprove departmentor shall,disapprove toan theapplication extentsubmitted possible,under SSHB(b) 220of -2-this HB0220bsection Newwithin Text90 Underlineddays [DELETEDafter TEXTthe BRACKETED]department 34-LS0322\Greceives minimizea projectcomplete delaysapplication. and an applicant's expenses.

(f)An Theapplication commissionerthat shallcontains approvethe orinformation disapproverequired an application submitted under (d)(b) of this section withinshall 60be daysconsidered aftercompleted theeven departmentif receivesthe aapplication completecontains application.minor omissions.

An application that contains the information required under (d) of this section shall be considered completed even if the application contains minor omissions.

(g)(e) TheIf commissionera mayvalid notexisting imposesection aline termeasement or conditionother underrecognized (f)easement ofor thisHB section220 (1)-2- requiringHB0220a (A)New improvementsText orUnderlined other[DELETED workTEXT outsideBRACKETED] of34-LS0322\I right-of-way crosses land within a state park unit, the areadepartment affectedshall byadopt regulations for making the easement or right-of-way;right-of-way available for use by the public.

or (B) the completion or performance of a duplicative study or test;

(2) without providing clear standards or defined time limitations;

or (3) that is materially different than the terms and conditions imposed on similarly situated applicants.

(h) If a valid existing section line easement or other recognized easement or right-of-way crosses land within a state park unit, the department shall adopt regulations for making the easement or right-of-way available for use by the public.

and HB0220b -3- SSHB 220 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0322\G (3) complies with other applicable law.

(i) In considering whether granting an easement or right-of-way is in the public interest under (a) of this section, the commissioner shall consider the benefits the easement or right-of-way would provide (1) in accessing private property;

(2) by improving or expanding public utility services and infrastructure;

and (3) to the local community and economy.

Regulations adopted under AS 41.21.124(h),41.21.124(e), enacted by sec.

SSHBHB0220a 220-3- -4-HB HB0220b220 New Text Underlined [DELETED TEXT BRACKETED]