Brief Description:  The Department of Military and Veterans Affairs proposes to amend, adopt, and repeal regulations in Title 10 of the Alaska Administrative Code dealing with Military Facility Zones, including the following:

10 AAC 40.020 is repealed and rewritten to more closely align with legal drafting standards.  Additionally, language is added to allow the applicant to provide evidence that the proposed military facility zone is consistent with the applicant’s local zoning ordinances.  The intended effect of these changes is to update the regulations in accordance with recent statutory changes to AS 26.30.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Michael Johnson, Special Assistant, AK DMVA, P. O. Box 5800, JBER, AK 99505-0800.  Additionally, the Alaska Department of Military and Veterans Affairs will accept comments by facsimile at (907) 428-6019 and by electronic mail at Michael.Johnson3@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System, by accessing this notice on the system and using the comment link:  http://notice.alaska.gov/188744.  The comments must be received not later than 5:00 p.m. on March 16, 2018.

You may submit written questions relevant to the proposed action to Michael Johnson, Special Assistant, AK DMVA, National Guard Armory, Building 49000, JBER, AK 99505 and via email at Michael.johnson3@alaska.gov.  The questions must be received at least 10 days before the end of the public comment period. The Alaska Department of Military and Veterans Affairs will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Michael Johnson, Special Assistant, at 202-624-5991 or Michael.johnson3@alaska.gov not later than March 9, 2018 to ensure that any necessary accommodations can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Michael Johnson, Special Assistant, at 202-624-5991 or Michael.johnson3@alaska.gov.

After the public comment period ends, the Alaska Department of Military and Veterans Affairs will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected.

Statutory authority: AS 26.30.070

Statutes being implemented, interpreted, or made specific: AS 26.30.020  AS26.30.010

Fiscal information: The proposed regulation changes are not expected to require an increased appropriation.

Date: 02/12/2018
Michael Johnson, Special Assistant
Alaska Department of Military and Veterans Affairs

ADDITIONAL REGULATION NOTICE INFORMATION
(AS 44.62.190(d))

1.   Adopting agency:  Department of Military and Veterans Affairs.

2.   General subject of regulation:  Military Facility Zones.

3.   Citation of regulation:  10 AAC 40.020.

4.   Department of Law file number:  JU2017200461.

5.   Reason for the proposed action:  Compliance with new state statute, Chapter 4 SLA 2017
         (SB 9); Update and clarification of current regulations.

6.   Appropriation/Allocation:  None.

7.   Estimated annual cost to comply with the proposed action to:
      A private person:  None Known.
      Another state agency:  None known.
      A municipality:  None known.

8.   Cost of implementation to the state agency and available funding (in thousands of dollars):
      No costs are expected in FY 2018 or in subsequent years.

9.   The name of the contact person for the regulation:
         Michael Johnson, Special Assistant
         Alaska Department of Military and Veterans Affairs
         PO Box 5800, JBER, AK 99505-0800
         michael.johnson3@alaska.gov
         202-624-5991

10.   The origin of the proposed action:  Alaska Department of Military and Veterans Affairs.

11.   Date: 02/12/2018
        Michael Johnson, Special Assistant
        Alaska Department of Military and Veterans Affairs