Section 37.10.058. Definitions.

In AS 37.10.050 - 37.10.058,
        (1) "agency" means a board, commission, or agency in the legislative, judicial, or executive branch, but does not include the University of Alaska or a public corporation;
        (2) "designated regulatory service" means a regulatory service provided under the following regulatory programs:
             (A) control of solid waste facilities under AS 46.03.020(10)(D) and (E);
             (B) regulation of the disposal of waste into waters of the state under AS 46.03.100;
             (C) certification of federal permits or authorizations under 33 U.S.C. 1341 (sec. 401, Clean Water Act);
             (D) any authorization for the use or appropriation of water under AS 46.15; 
             (E) administration of emission control permits for the air quality control program under AS 46.14; and
             (F) regulation of pesticides and broadcast chemicals registered under AS 46.03.320(a)(4);
        (3) "direct cost" means the hourly rate of salary and benefits of each agency employee, including clerical staff, directly involved in providing a regulatory service, multiplied by the number of hours spent in performing the service, together with the expenditures for goods or third-party services made in providing that service; "direct cost" does not include
             (A) the costs and salaries of administrative, support, or supervisory personnel who are not directly engaged in providing the service;
             (B) other budgeted overhead expenses, including rent and utilities;
             (C) interagency charges that would not meet the requirements of AS 37.10.052 - 37.10.058 if those charges had been incurred or invoiced by the agency providing the designated regulatory service;
             (D) public consultation costs when the consultation is not required by law;
             (E) costs related to an appeal of permit issuance by a person other than the applicant for that permit;
             (F) expenses that are not reasonably necessary to comply with the law under which the service is provided; or
             (G) travel expenses for inspecting businesses having not more than 20 employees;
        (4) "distinct economic sector" means a commercial or industrial segment, or other category of land or water use, that, because of common operational, environmental, or other factors, tends to require similar designated regulatory services; each of the following is an example of a "distinct economic sector": (A) oil and gas exploration, development, and production; (B) oil and gas processing and refining; (C) mineral exploration, development, and production; (D) coal exploration, development, and production; (E) commercial fishing; (F) seafood processing; (G) timber harvest; (H) timber processing; and (I) residential development; nothing in this paragraph precludes a resource agency from further subdividing activities listed in (A) - (I) of this paragraph into more appropriate subcategories;
        (5) "fee" means a charge assessed or requested by a state agency for the provision of a service to, the incurring of a burden or cost because of, or the conferring of a benefit upon, a person; "fee" does not include charges assessed or requested by the Department of Natural Resources associated with pipeline right-of-way leases granted under AS 38.35;
        (6) "hourly rate of salary and benefits" means the hourly increment of salary due the state employee under the salary schedule applicable to that employee, multiplied by 149 percent to account for the cost of employment benefits paid by the state to or on behalf of the employee;
        (7) "permit" means a permit, license, certificate, or approval;
        (8) "regulatory service" includes the following services provided by a resource agency:
             (A) an analysis, deliberation, testing, inspection, approval, or other review related to the application for or issuance, modification, extension, or revocation of a permit; and
             (B) an inspection, testing, monitoring, or compliance review undertaken under law or the terms of a permit;
        (9) "resource agency" means the Department of Environmental Conservation, the Department of Fish and Game, and the Department of Natural Resources;
        (10) "standard designated regulatory service" means designated regulatory services for categories of activities that do not generally raise complex or controversial legal, technical, or policy issues.

Authorities

37.10.050;44.46.025

Notes

Implemented As

11 AAC 05.010
18 AAC 50.400
18 AAC 50.403
18 AAC 50.499
18 AAC 90.850
18 AAC 90.860

References

18 AAC 50.499
18 AAC 72.990
AS 37.10.050 Charges by state agencies; collection, accounting, and deposit of state money.
AS 44.46.025 Fees for services.

History

(Sec. 2 ch 59 SLA 2000; am Sec. 3 ch 59 SLA 2000; am Sec. 3 ch 100 SLA 2001; am Sec. 2 ch 46 SLA 2003; am Sec. 3 ch 31 SLA 2005; am Sec. 2 ch 42 SLA 2005)