CSHB 28(FIN): "An Act relating to the Alaska coastal management program and the responsibilities of the Alaska Coastal Policy Council."
00CS FOR HOUSE BILL NO. 28(FIN) 01 "An Act relating to 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 rendered under this paragraph is subject 21 to AS 46.40.045 . 22 * Sec. 2. AS 46.40.030 is amended by adding a new subsection to read: 23 (b) In developing statements of policies and regulations under (a) of this 24 section, a coastal resource district may not incorporate by reference statutes and 25 administrative regulations adopted by state agencies. 26 * Sec. 3. AS 46.40.040 is amended to read: 27 Sec. 46.40.040. Duties of the Alaska Coastal Policy Council. Through the 28 public hearing process and the recording of the minutes of the hearings, the Alaska 29 Coastal Policy Council shall 30 (1) by regulation and subject to AS 46.40.045 , adopt under the 31 provisions of AS 44.62 (Administrative Procedure Act) for the use of and application
01 by coastal resource districts and state agencies for carrying out their responsibilities 02 under this chapter, guidelines and standards for 03 (A) identifying the boundaries of the coastal area subject to the 04 district coastal management program; 05 (B) determining the land and water uses and activities subject 06 to the district coastal management program; 07 (C) developing policies applicable to the land and water uses 08 subject to the district coastal management program; 09 (D) developing regulations applicable to the land and water uses 10 subject to the district coastal management program; 11 (E) developing policies and procedures to determine whether 12 specific proposals for the land and water uses or activities subject to the district 13 coastal management program shall be allowed; 14 (F) designating and developing policies for the use of areas of 15 the coast that [WHICH] merit special attention; and 16 (G) measuring the progress of a coastal resource district in 17 meeting its responsibilities under this chapter; 18 (2) develop and maintain a program of technical and financial 19 assistance to aid coastal resource districts in the development and implementation of 20 district coastal management programs; 21 (3) undertake review and approval of district coastal management 22 programs in accordance with this chapter; 23 (4) initiate a process for identifying and managing uses of state concern 24 within specific areas of the coast; 25 (5) develop procedures or guidelines for consultation and coordination 26 with federal agencies managing land or conducting activities potentially affecting the 27 coastal area of the state; 28 (6) by regulation, establish a consistency review and determination or 29 certification process that conforms to the requirements of AS 46.40.096 ; 30 (7) adopt regulations under the provisions of AS 44.62 31 (Administrative Procedure Act) that establish procedures for periodic review of
01 an approved district coastal management program to ensure that the program is 02 substantially consistent with the provisions of this chapter and the guidelines and 03 standards adopted by the council, to ensure that the approved program is 04 implemented and enforced, and to ensure that the program does not arbitrarily 05 or unreasonably restrict or exclude uses of state concern; 06 (8) adopt regulations under the provisions of AS 44.62 07 (Administrative Procedure Act) that establish procedures for revocation of 08 approval of a district coastal management program, after notice to the district 09 and a reasonable opportunity to cure the deficiencies in the program, upon a 10 finding that the program is not substantially consistent with the provisions of this 11 chapter or the guidelines and standards adopted by the council, that the program 12 has not been implemented or is not enforced, or that the program arbitrarily or 13 unreasonably restricts or excludes uses of state concern . 14 * Sec. 4. AS 46.40 is amended by adding a new section to read: 15 Sec. 46.40.045. Prohibited actions by the Alaska Coastal Policy Council. 16 Notwithstanding AS 46.40.040, the Alaska Coastal Policy Council may not adopt a 17 regulation or procedure that 18 (1) requires a consistency determination of a use or activity in an area 19 (A) outside and inland of the area of the state identified as 20 subject to the Alaska coastal management program; or 21 (B) within the area of the state identified as subject to the 22 Alaska coastal management program but beyond the interim coastal zone 23 boundary adopted by the council in 1979 unless the use or activity has a direct 24 and significant effect on coastal waters; 25 (2) permits the council to render or review a consistency determination 26 prepared under this chapter. 27 * Sec. 5. AS 46.40.096(d) is amended to read: 28 (d) In preparing a consistency review and determination for a proposed project, 29 the reviewing entity shall 30 (1) request consistency review comments for the proposed project from 31 state resource agencies, affected coastal resource districts, and other interested parties
01 as determined by regulation adopted by the council; 02 (2) prepare proposed consistency determinations; 03 (3) coordinate subsequent reviews of proposed consistency 04 determinations prepared under (2) of this subsection; a subsequent review of a 05 proposed consistency determination under this paragraph 06 (A) is limited to a review by the state resource agencies; and 07 (B) may occur only if requested by 08 (i) the project applicant; 09 (ii) a state resource agency; or 10 (iii) an affected coastal resource district; 11 (4) after providing an opportunity [TO FILE A PETITION] for 12 subsequent review under [(e) OF] this subsection [SECTION], render a [THE] final 13 consistency determination and certification. 14 * Sec. 6. AS 46.40.210 is amended by adding a new paragraph to read: 15 (9) "coastal water" means water that is adjacent to tidal shorelines and 16 that contains a measurable quantity or percentage of sea water. 17 * Sec. 7. AS 46.40.096(e), 46.40.096(f), 46.40.100(b), 46.40.100(c), 46.40.100(d), 18 46.40.100(e), 46.40.100(f), and 46.40.100(g) are repealed. 19 * Sec. 8. MODIFICATION OF APPROVED COASTAL MANAGEMENT PROGRAM 20 PLANS. (a) In a municipality or coastal resource service area for which the Alaska Coastal 21 Policy Council has approved a district coastal management program that is not consistent with 22 the prohibition of AS 46.40.030(b), added by sec. 2 of this Act, the municipality or coastal 23 resource service area shall submit to the Alaska Coastal Policy Council, within one year after 24 the effective date of this Act, program modifications to conform the program to the 25 requirements of AS 46.40.030(b), added by sec. 2 of this Act. 26 (b) If a municipality or coastal resource service area does not comply with (a) of this 27 section, the Alaska Coastal Policy Council may enter an order deleting the incorporation by 28 reference of statutes and administrative regulations in violation of AS 46.40.030(b), added by 29 sec. 2 of this Act.