HB 132: "An Act extending the time period of all permits issued by the state relating to the extraction or removal of resources if the holder of the permits is involved in litigation concerning the issuance or validity of any permit related to the extraction or removal."
00HOUSE BILL NO. 132 01 "An Act extending the time period of all permits issued by the state relating to 02 the extraction or removal of resources if the holder of the permits is involved 03 in litigation concerning the issuance or validity of any permit related to the 04 extraction or removal." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 46.35 is amended by adding a new section to read: 07 ARTICLE 2. EXTENSION OF RESOURCE EXTRACTION 08 OR REMOVAL RELATED PERMITS. 09 Sec. 46.35.300. EXTENSION OF RESOURCE EXTRACTION OR 10 REMOVAL RELATED PERMITS. (a) The time period of all permits relating to 11 resource extraction or removal in the state that are issued by any agency of the state 12 shall be extended by the agencies issuing the permits if the holder of the permits 13 (1) is sued by a person other than the state concerning the issuance or 14 validity of any state or federal permit that is related to the resource extraction or
01 removal; 02 (2) is prevented from engaging in the resource extraction or removal 03 related activity authorized by the permits due to an order of the court in which the 04 litigation is pending; 05 (3) is successful in the litigation and the suit is dismissed with 06 prejudice or judgment is granted to the holder of the permits; and 07 (4) notifies the department of the litigation, the order preventing the 08 resource extraction or removal related activity authorized by the permits, and the 09 successful decision of the suit in favor of the holder of the permits. 10 (b) The length of an extension under (a) of this section shall be equal to the 11 period of time the holder of the permits was prevented from engaging in the activity 12 authorized by the permits due to the order of the court. 13 (c) An extension of time under (a) of this section shall be considered to be part 14 of the time period of the original permits and when extending the permits a department 15 may not impose a fee or a charge for the extension or for the right to engage in the 16 activity authorized by the permits during the term of the extension except as provided 17 in the original permits. 18 * Sec. 2. APPLICABILITY. Section 1 of this Act applies to all permits relating to 19 resource extraction or removal that are affected by litigation relating to the issuance or validity 20 of a permit related to the extraction or removal if the suit is filed after the effective date of 21 this Act.