00HOUSE CS FOR SENATE BILL NO. 147(RES)                                                                                   
01 "An Act relating to a municipal river habitat protection tax credit."                                                   
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 29.45.046(b) is amended to read:                                                                    
04  (b) The amount of a river habitat protection credit shall be based upon a                                             
05 percentage of the verifiable costs of the improvement and may not exceed 50 percent                                     
06 of the total amount of taxes levied upon the land or upon the taxable interest in the                                   
07 land during a single tax year, but the credit may be granted for more than one year.                                    
08 If the credit is granted for more than one year and the land or taxable interest in the                                 
09 land is conveyed, the portion of the credit remaining is extinguished. The ordinance                                    
10 may limit the availability of a credit to some, but not all types of improvements for                                   
11 which a credit may be granted under this section and to some, but not all areas of the                                  
12 municipality. A credit may only be granted for an improvement that has been                                             
13 constructed in compliance with state and federal laws [AND CERTIFIED BY THE                                             
14 DEPARTMENT OF FISH AND GAME UNDER (c) OF THIS SECTION]. A credit                                                        

01 may not be granted for an improvement                                                                                   
02   (1)  required under state or federal law; or                                                                         
03   (2)  located more than 150 feet from the mean high tide line or ordinary                                             
04 high water line; in this paragraph, "ordinary high water line" means that line on the                                   
05 shore of the nontidal portion of a river or stream that reflects the highest level of water                             
06 during an ordinary year and is established by fluctuations of water and indicated by                                    
07 physical characteristics such as a clear, natural line impressed on the bank, shelving,                                 
08 changes in the character of soil, destruction of terrestrial vegetation, the presence of                                
09 litter and debris, or other appropriate means that consider the characteristics of the                                  
10 surrounding area.                                                                                                       
11 * Sec. 2.  AS 29.45.046 is amended by adding a new subsection to read:                                                  
12  (d)  Before an ordinance is adopted under (a) of this section, it must be                                             
13 approved by the commissioner of fish and game.  The commissioner of fish and game                                       
14 shall approve a proposed ordinance if the improvements for which a credit is                                            
15 authorized aid in protecting or restoring habitat as required under this section without                                
16 regard to the percentage of the total protection or restoration that could be achieved                                  
17 by ideal improvement measures.  Within 60 days after receipt of a proposed ordinance,                                   
18 the commissioner of fish and game shall notify the municipality in writing as to                                        
19 whether the proposed ordinance is approved or disapproved and, if the proposed                                          
20 ordinance is disapproved, shall state the basis for that determination.                                                 
21    * Sec. 3.  AS 29.45.046(c) is repealed.