CSHB 28(RES): "An Act modifying the Alaska coastal management program and the responsibilities of the Alaska Coastal Policy Council."
00CS FOR HOUSE BILL NO. 28(RES) 01 "An Act modifying the Alaska coastal management program and the 02 responsibilities of the Alaska Coastal Policy Council." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 44.19.145(a) is amended to read: 05 (a) The office shall 06 (1) provide technical assistance to the governor and the legislature in 07 identifying long range goals and objectives for the state and its political subdivisions; 08 (2) prepare and maintain a state comprehensive development plan; 09 (3) provide information and assistance to state agencies to aid in 10 governmental coordination and unity in the preparation of agency plans and programs; 11 (4) review planning within state government as may be necessary for 12 receipt of federal, state, or other funds; 13 (5) participate with other countries, provinces, states, or subdivisions 14 of them in international or interstate planning, and assist the state's local governments,
01 governmental conferences, and councils in planning and coordinating their activities; 02 (6) encourage educational and research programs that further state 03 planning and development, and provide administrative and technical services for them; 04 (7) publish such statistical information or other documentary material 05 as will further the provisions and intent of AS 44.19.141 - 44.19.152; 06 (8) assist the governor and the Department of Community and Regional 07 Affairs in coordinating state agency activities that have an effect on the solution of 08 local and regional development problems; 09 (9) serve as a clearinghouse for information, data, and other materials 10 that may be helpful or necessary to federal, state, or local governmental agencies in 11 discharging their respective responsibilities or in obtaining federal or state financial or 12 technical assistance; 13 (10) review all proposals for the location of capital improvements by 14 any state agency and advise and make recommendations concerning location of these 15 capital improvements; 16 (11) render, on behalf of the state, all federal consistency 17 determinations and certifications authorized by 16 U.S.C. 1456 (sec. 307, Coastal Zone 18 Management Act of 1972), and each conclusive state consistency determination when 19 a project requires a permit, lease, or authorization from two or more state resource 20 agencies ; a consistency determination made under this paragraph is subject to 21 AS 46.40.096(h) . 22 * Sec. 2. AS 46.40.030 is amended to read: 23 Sec. 46.40.030. Development of district coastal management programs. 24 Coastal resource districts shall develop and adopt district coastal management programs 25 in accordance with the provisions of this chapter. The program adopted by a coastal 26 resource district shall be based upon a municipality's existing comprehensive plan or 27 a new comprehensive resource use plan or comprehensive statement of needs, policies, 28 objectives, and standards governing the use of resources within the coastal area of the 29 district. The program must be consistent with the guidelines and standards adopted by 30 the council under AS 46.40.040 and must include 31 (1) a delineation within the district of the boundaries of the coastal area
01 subject to the district coastal management program; the delineation required by this 02 paragraph 03 (A) may include only a zone of direct interaction in which 04 physical and biological processes are a function of direct contact between 05 land and sea, and a zone of direct influence that is landward of the zone 06 of direct interaction and that is closely affected and influenced by the 07 proximity between land and sea; 08 (B) may not include areas landward of the areas described 09 in (A) of this paragraph; 10 (2) a statement, list, or definition of the land and water uses and 11 activities subject to the district coastal management program; 12 (3) a statement of policies to be applied to the land and water uses 13 subject to the district coastal management program; 14 (4) regulations, as appropriate, to be applied to the land and water uses 15 subject to the district coastal management program; 16 (5) a description of the uses and activities that [WHICH] will be 17 considered proper and the uses and activities that [WHICH] will be considered 18 improper with respect to the land and water within the coastal area; 19 (6) a summary or statement of the policies that [WHICH] will be 20 applied and the procedures that [WHICH] will be used to determine whether specific 21 proposals for land or water uses or activities shall be allowed; and 22 (7) a designation of, and the policies that [WHICH] will be applied to 23 the use of, areas within the coastal resource district that [WHICH] merit special 24 attention. 25 * Sec. 3. AS 46.40.030 is amended by adding a new subsection to read: 26 (b) In developing statements of policies and regulations under (a) of this 27 section, a coastal resource district may not incorporate by reference statutes and 28 administrative regulations adopted by state agencies. 29 * Sec. 4. AS 46.40.094 is amended by adding a new subsection to read: 30 (d) A consistency determination made under this section is subject to 31 AS 46.40.096(h).
01 * Sec. 5. AS 46.40.096 is amended by adding a new subsection to read: 02 (h) In a consistency review or determination process authorized by this section 03 or set out in a regulation adopted under authority of AS 46.40.010 - 46.40.210, 04 (1) a state agency or coastal resource district may only stipulate to a 05 matter or subject for which the agency or district has authority under a statute outside 06 of this chapter; and 07 (2) the agency responsible for a consistency review or determination 08 may not accept a stipulation as a part of the consistency determination if the stipulation 09 violates (1) of this subsection. 10 * Sec. 6. AS 46.40.096(d)(4), 46.40.096(e), 46.40.096(f), 46.40.100(b), 46.40.100(c), 11 46.40.100(d), 46.40.100(e), 46.40.100(f), and 46.40.100(g) are repealed. 12 * Sec. 7. MODIFICATION OF APPROVED COASTAL MANAGEMENT PROGRAM 13 PLANS. (a) In a municipality or coastal resource service area for which the Alaska Coastal 14 Policy Council has approved a district coastal management program as to which the 15 boundaries of the coastal area subject to the district coastal management program are not, on 16 the effective date of this Act, consistent with AS 46.40.030(1), as amended by sec. 2 of this 17 Act, or are not consistent with the prohibition of AS 46.40.030(b), added by sec. 3 of this Act, 18 the municipality or coastal resource service area shall submit to the Alaska Coastal Policy 19 Council, within one year of the effective date of this Act, program modifications to conform 20 the boundaries of the coastal area subject to the district coastal management program to 21 AS 46.40.030(1), as amended by sec. 2 of this Act or to conform the program to the 22 requirements of AS 46.40.030(b), added by sec. 3 of this Act. 23 (b) If a municipality or coastal resource service area does not comply with (a) of this 24 section, the Alaska Coastal Policy Council may enter an order modifying the boundaries of 25 the coastal area subject to the district coastal management program to conform to 26 AS 46.40.030(1), as amended by sec. 2 of this Act, or deleting the incorporation by reference 27 of statutes and administrative regulations in violation of AS 46.40.030(b), added by sec. 3 of 28 this Act.