AO355 Large-Scale Renewable Energy Process Review

The Alaska Department of Natural Resources (DNR, department), pursuant to Governor Dunleavy's Administrative Order No. 355 (AO 355), is conducting a thorough review of current state statutes and regulations that govern the authorization of the use of state land for large-scale renewable energy project development. The department is seeking information on this matter from industry, subject matter experts, and the public. We will accept information at any time, but encourage you to submit information by Friday, August 16, 2024, so that it can be incorporated into the final report.

Please note that any information you provide will be subject to inspection, copying, and distribution as public records under Alaska Statute 40.25.110-40.25.220.

What Information is DNR Requesting?

DNR is requesting information regarding the statutes, regulations, and policies related to authorizing the use of state land and resources for the development of large-scale renewable energy projects. Specifically, we invite industry, subject matter experts, and the public to respond to the following prompts:

• What changes to the existing statutes, regulations, or policies that authorize the use of state land for large-scale renewable energy development are needed to foster future development in Alaska?
• Describe current processes and industry needs for project investigation, feasibility study, and development of large-scale renewable energy projects.
• Identify authorization process hurdles currently encountered during large-scale renewable energy project development.
• What common hurdles to large-scale renewable energy project development exist in other states? What policies, statutes, or regulations in other states are supportive?
• Do DNR authorization timeframes (time between initial identification of an area to authorizations issued) align with those of other similar authorizations (e.g., other state, federal, or municipal authorizations)?
• How should we define “large-scale” in the context of renewable energy feasibility assessment and development?
• Would it be useful for DNR to present existing processes at the August forum?

Read our full Call for Information PDF notice document.

Read the Responses PDF we received to our Call for Information. The PDF has bookmarks that can be used to navigate. Personal contact information has been redacted.

How will DNR use the information I provide?

AO 355 requires DNR to develop and submit a report to the Governor by October 1, 2024, detailing the findings and proposed recommendations that emerge from the review process. This report will also include a strategic plan for implementing the recommended changes. The department will use information provided by industry, subject matter experts, and the public to inform its review of existing statutes, regulations, and processes and development of the report.

Administrative Order No. 355

Photo credit: AK Renewables

AO 355, issued May 2, 2024, acknowledges that because Alaska's workforce is already skilled in large-scale energy project development, opportunities exist to expand development of the state's abundant renewable resources. In the order, Governor Dunleavy articulates goals of lowering energy costs for Alaskans and increasing the state's global competitiveness by investing in Alaska energy projects and fostering an environment that is conducive to renewable energy project development across the state.

In support of these goals, AO 355 directs DNR to conduct a thorough review of current state leasing and permitting statutes and regulations applicable to large-scale renewable energy project development in Alaska. During this review process, DNR will host a forum with stakeholders including energy developers that will be open to the public. The review will culminate in the development of a report due to the Governor's Office by October 1, 2024. The report will include a strategic plan with recommendations aimed at ensuring the state's leasing and permitting statutes and regulations applicable to large-scale renewable energy project development are efficient, effective, and competitive. The report is informational and is not a decision-making document. The report will not address the development of specific renewable energy projects. Any future decisions regarding the use of state land or resources for renewable energy project development will follow the state's permitting and leasing procedures, including opportunity for public comment.

To read the full text of AO 355, visit the Governor's website:

What is the current authorization process for the use of state land for large-scale renewable energy projects in Alaska?

The current regulatory processes by which large-scale energy projects are authorized are summarized below.

State Land Use Authorizations (solar, wind, other surface projects with a footprint on state land)

• Land Use Authorization Process Flowchart
• Related Statutes: AS 38.05.035, AS 38.05.070, AS 38.05.073, AS 38.05.090, AS 38.05.095, AS 38.05.102, AS 38.05.103, and AS 38.05.810
• Material Sales Statutes: AS 38.05.550-565
• Regulations: 11 AAC Chapters 55, 58, 62, and 96

Geothermal

• Geothermal Licensing and Leasing Process Flowchart
• Related Statutes: AS 38.05.181
• Regulations: 11 AAC 84.700-950

Commercial Timber Sale (biomass)

• Commercial Timber Sale Planning Process Flowchart
• Related Statutes: AS 41.17
• Regulations: 11 AAC 95

Dam Safety (certain hydropower projects)

• Dam Safety Fact Sheet
• Water Rights in Alaska Fact Sheet
• Dam Safety Program Guidelines
• Related Statutes: AS 46.17
• Regulations: 11 AAC 93
• Note: The majority of hydropower dams in Alaska are regulated through the Federal Energy Regulatory Commission (FERC).

DNR hosted a forum open to the public on August 2, 2024, from 10:00am to 12:00pm at the Atwood Conference Center in Anchorage.

The format of the forum was an informational exchange between DNR and invited industry and subject matter experts working in large-scale renewable energy development.