I, Mike Dunleavy, Governor of the State of Alaska, under the authority of Article III, Sections 1, 23, and 24 of the Constitution of the State of Alaska, hereby rescind Administrative Order 157 (Directives regarding Administrative Regulations in order to accomplish objectives) and Administrative Order 266 (establishing regulatory efficiency guidelines) and replace them with Administrative Order 360, the purpose of which is to improve the quality, transparency, and efficiency of the State’s regulatory environment.
BACKGROUND AND PURPOSE
The State of Alaska is committed to growing its economic base, increasing its gross domestic product (“GDP”), and ensuring Alaskans have the freedom to do business, innovate, and pursue opportunities while complying with state and federal laws. Regulations are essential for interpreting and implementing these laws. However, the state’s regulatory system has expanded over time, often adding layers of requirements without considering the burden imposed on Alaska’s citizens and businesses. Alaska must be competitive on the world stage – including its regulatory framework – to attract investment and grow its economic base.
The public is best served when regulations are up-to-date, clearly written, account for impact on individual Alaskans and those doing business in the state and allow state agencies to facilitate implementation of laws in the most reasonable and cost-effective manner.
In light of the steady expansion of state regulatory requirements, I am announcing a statewide review of all existing regulations, guidance documents [1], and materials incorporated by reference to reduce unnecessary burdens on Alaska’s citizens and businesses. I am also directing that all current guidance documents be published on the Alaska Online Public Notice System to ensure transparency and accountability.
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[1] The term “guidance document” in this Order refers to documentation other than regulations produced by an agency often referred to as guidance documents, policies, interpretive bulletins, and the like.
GOALS
This Order is issued to achieve the following goals:
- Promote growth and investment in Alaska by reducing administrative and economic burdens associated with regulatory compliance, including removing barriers, finding solutions, and identifying alternative pathways.
- Streamline permitting processes and improve coordination and efficiency within all permitting departments, including the Department of Natural Resources (“DNR”), the Department of Environmental Conservation (“DEC”), and the Department of Fish and Game (“DFG”).
- Ensure boards and commissions adjust regulatory structures as necessary to maintain critical consumer protection while eliminating unnecessary barriers to entry for new professionals.
- Engage stakeholders early and continuously in the regulatory development and reform process.
- Ensure all regulations are clearly written, legally sound, and supported by a demonstrated need.
- Regularly evaluate existing regulations for effectiveness, redundancy, clarity, and impact.
- Reduce the regulatory burden on all Alaskans.
APPLICABILITY
This Order applies to all executive branch agencies, including departments, boards, commissions, and public corporations (hereafter referred to as “agencies”).
RESPONSIBILITY FOR IMPLEMENTATION
The following agencies (“implementing agencies”) are responsible for ensuring agency compliance with this Order:
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- The Office of the Governor. This office will provide oversight and ensure interagency cooperation.
- The Department of Law. This department will coordinate the implementation of and ensure compliance with this Order pursuant to its role under AS 44.62. The Department of Law will provide the training and documentation to be used in implementing this Order.
ORDER
REGULATORY REDUCTION
Each agency shall:
Review existing regulations, guidance documents, and materials incorporated by reference to identify provisions that are outdated, redundant, or unclear.
Develop proposals for the revision, repeal, or streamlining of the regulations, guidance documents, and materials incorporated by reference identified above.
Reduce the number of regulatory requirements by 15 percent by December 31, 2026, and 25 percent (cumulative) by December 31, 2027.
AGENCY REGULATORY LIAISON
The commissioner of each state department shall designate an Agency Regulatory Liaison (“ARL”) to oversee regulatory reform for agencies housed within their department. Commissioners may designate more than one ARL when approved to do so by the Office of the Governor.
Each department’s ARL shall submit a quarterly progress report to the Office of the Governor, with copies to the Department of Law.
STAKEHOLDER AND PUBLIC ENGAGEMENT
Stakeholder feedback is essential and required at all stages of regulatory reform. Accordingly, each agency shall:
Solicit written and oral input from the public, affected industries, and community organizations regarding which regulations are the most burdensome and should be prioritized for reform, and how the agency’s regulatory system could be reorganized or simplified.
Document and publish stakeholder and public feedback and agency responses.
PERMITTING REFORM
To improve the efficiency and responsiveness of Alaska’s permitting systems, and to support responsible resource and economic development while protecting environmental and public interests, DNR, DEC, and DFG shall focus their initial regulatory reform efforts on permitting process reform. Accordingly, DNR, DEC, and DFG shall:
Review and revise permitting procedures to eliminate unnecessary steps, reduce duplicative reviews, simplify application requirements, streamline internal workflows, and clarify interagency roles to reduce inefficiencies and delays.
Adopt, in regulation, clear timelines and deadlines for permit application processing, review of milestones, and final decision making, including provisions for automatic approval if deadlines are not met.
Ensure transparent processes by making permit application statuses, timelines, and decision rationales available to applicants and the public, to the extent allowable by law.
Promote predictability in decision-making by applying regulatory standards consistently.
Leverage technology, such as artificial intelligence (“AI”), to support digitization, automation, and public access to permitting information.
GUIDANCE DOCUMENTS
Agencies may not utilize or issue guidance documents unless the Department of Law has reviewed the documents and verified the documents (or portions thereof) are not required to be promulgated as a regulation.
Agencies shall post all guidance documents on the Alaska Online Public Notice System.
STATE UNIFIED REGULATORY PLAN
Annually, all agencies shall submit to the Office of the Governor a projected regulatory plan that lists all anticipated rulemaking actions during the subsequent state fiscal year. The Office of the Governor shall approve individual agency plans. The Department of Law shall compile the approved agency plans into a single State Unified Regulatory Plan and post the plan on the Alaska Online Public Notice System.
DURATION
This Administrative Order takes effect immediately and remains in effect until revoked.
