SCS CSHB 132(RES): "An Act extending the time period of permits issued by the Department of Environmental Conservation, the Department of Fish and Game, and the Department of Natural Resources relating to the extraction or removal of resources if the permittee, or an agency issuing a permit to the permittee, is involved in administrative or judicial proceedings concerning the issuance or validity of a permit related to the extraction or removal of resources, and the permittee is unwilling to engage in the resource extraction or removal activity due to the proceedings."
00SENATE CS FOR CS FOR HOUSE BILL NO. 132(RES) 01 "An Act extending the time period of permits issued by the Department of 02 Environmental Conservation, the Department of Fish and Game, and the 03 Department of Natural Resources relating to the extraction or removal of 04 resources if the permittee, or an agency issuing a permit to the permittee, is 05 involved in administrative or judicial proceedings concerning the issuance or 06 validity of a permit related to the extraction or removal of resources, and the 07 permittee is unwilling to engage in the resource extraction or removal activity due 08 to the proceedings." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. AS 46.35 is amended by adding a new section to read: 11 ARTICLE 2. EXTENSION OF RESOURCE EXTRACTION 12 OR REMOVAL RELATED PERMITS. 13 Sec. 46.35.300. EXTENSION OF RESOURCE EXTRACTION OR 14 REMOVAL RELATED PERMITS. (a) The department that issued the permit shall
01 extend a resource removal or extraction permit when the permittee 02 (1) is unwilling to engage in the resource removal or extraction activity 03 allowed under the permit due to the actions of another person, other than the state, 04 seeking administrative or judicial review of the issuance or validity of the permit or 05 another permit, or a permit, lease, authorization, or license issued by the federal 06 government, relating to the same resource removal or extraction activity; and 07 (2) at the conclusion of the legal proceedings is allowed to proceed 08 with the resource removal or extraction activity. 09 (b) A department may not extend a permit under (a) of this section 10 (1) unless 11 (A) the permittee notifies the department that issued the permit 12 of the legal proceedings and provides a sworn statement that the permittee is 13 unwilling to engage in the permitted activity due to the proceedings; and 14 (B) upon the conclusion of the legal proceedings, the permittee 15 notifies the department of the conclusion of the proceedings and the outcome 16 of the proceedings; 17 (2) for any period that the permittee has engaged in the resource 18 removal or extraction activity authorized under the permit; 19 (3) if the extension is prohibited by or otherwise inconsistent with 20 federal law applicable to the permitted activity; 21 (4) if another provision of state law, or a regulation, or contractual 22 provision authorizes an extension, or otherwise stays the running, of the permit. 23 (c) A permittee receiving an extension of a permit under this section is subject 24 to the rights, conditions, and liabilities the permittee would have had under the original 25 permit if the permit had not been extended. 26 (d) An extension of a permit under this section may only be for the length of 27 time equivalent to the period from the date the department receives the notice and 28 sworn statement under (b) of this section until the conclusion of the legal proceedings 29 that allow the permittee to engage in the resource removal or extraction activity. 30 (e) The Department of Environmental Conservation, the Department of Fish 31 and Game, and the Department of Natural Resources shall adopt regulations to
01 implement this section. 02 (f) In this section, 03 (1) "legal proceedings" means, as appropriate, administrative 04 proceedings not followed by judicial proceedings, administrative proceedings followed 05 by judicial proceedings, or judicial proceedings not preceded by administrative 06 proceedings; 07 (2) "permit" means a permit, lease, authorization, license, or another 08 determination necessary for or related to resource extraction or removal that is issued 09 by the Department of Environmental Conservation, the Department of Fish and Game, 10 or the Department of Natural Resources. 11 * Sec. 2. APPLICABILITY. (a) Section 1 of this Act applies to permits relating to 12 resource extraction or removal that are issued after the effective date of this Act. 13 (b) In this section, "permit" has the meaning given in AS 46.35.300(f), added by 14 sec. 1 of this Act.