CSHB 439(RES): "An Act removing provisions providing an opportunity to petition for review of proposed consistency determinations under the Alaska coastal zone management program."
00 CS FOR HOUSE BILL NO. 439(RES) 01 "An Act removing provisions providing an opportunity to petition for review of 02 proposed consistency determinations under the Alaska coastal zone management 03 program." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 46.40.096(d) is amended to read: 06 (d) In preparing a consistency review and determination for a proposed 07 project, the reviewing entity shall 08 (1) request consistency review comments for the proposed project 09 from state resource agencies, affected coastal resource districts, and other interested 10 parties as determined by regulation adopted by the council; 11 (2) prepare proposed consistency determinations; 12 (3) coordinate subsequent reviews of proposed consistency 13 determinations prepared under (2) of this subsection; a subsequent review of a 14 proposed consistency determination under this paragraph
01 (A) is limited to a review by the state resource agencies; and 02 (B) may occur only if requested by 03 (i) the project applicant; 04 (ii) a state resource agency; or 05 (iii) an affected coastal resource district; 06 (4) [AFTER PROVIDING AN OPPORTUNITY TO FILE A 07 PETITION FOR REVIEW UNDER (e) OF THIS SECTION,] render the final 08 consistency determination and certification. 09 * Sec. 2. AS 46.40.100(b) is amended to read: 10 (b) A party that is authorized under [AS 46.40.096(e)(1) OR] (g) of this 11 section may file a petition showing that a district coastal management program is not 12 being implemented, enforced, or complied with; a petition filed under this section 13 may not seek review of a proposed or final consistency determination regarding a 14 specific project. On receipt of a petition, the council, after giving public notice in the 15 manner required by (f) of this section, shall convene a hearing to consider the matter. 16 A hearing called under this subsection shall be held in accordance with regulations 17 adopted by the council. After hearing, 18 [(1) IF THE PETITION WAS FILED UNDER AS 46.40.096(e) AND 19 THE COUNCIL FINDS THAT 20 (A) THE OFFICE OR THE STATE AGENCY 21 RESPONSIBLE FOR COORDINATING THE CONSISTENCY REVIEW 22 HAS NOT FAIRLY CONSIDERED THE PETITIONER'S COMMENTS IN 23 THE DEVELOPMENT OF A PROPOSED CONSISTENCY 24 DETERMINATION, THE COUNCIL SHALL REMAND THE PROPOSED 25 CONSISTENCY DETERMINATION TO THE OFFICE, OR TO THE 26 STATE AGENCY RESPONSIBLE FOR COORDINATING THE 27 CONSISTENCY REVIEW, FOR PREPARATION OF A REVISED 28 PROPOSED CONSISTENCY DETERMINATION THAT GIVES FAIR 29 CONSIDERATION TO THE PETITIONER'S COMMENTS; 30 (B) A REMAND OF THE CONSISTENCY 31 DETERMINATION IS NOT REQUIRED UNDER (A) OF THIS
01 PARAGRAPH, THE COUNCIL SHALL DISMISS THE PETITION; 02 (2) IF THE PETITION WAS NOT FILED UNDER AS 46.40.096(e),] 03 the council may order that the coastal resource district or a state agency take any 04 action the council considers necessary to implement, enforce, or comply with the 05 district coastal management program, except that the council may not order that the 06 coastal resource district or a state agency take any action with respect to a 07 proposed or final consistency determination. 08 * Sec. 3. AS 46.40.100(c) is amended to read: 09 (c) In [EXCEPT WHEN A PETITION HAS BEEN FILED UNDER 10 AS 46.40.096(e), IN] determining whether an approved district coastal management 11 program is being implemented, enforced, or complied with by a coastal resource 12 district that exercises zoning authority or controls on the use of resources within the 13 coastal area, the council shall find in favor of the district if 14 (1) zoning or other regulations have been adopted and are being 15 enforced; 16 (2) variances are being granted according to procedures and criteria 17 that are elements of the district coastal management program, or the variance is 18 otherwise approved by the council; and 19 (3) procedures and standards adopted by the coastal resource district as 20 required by this chapter or by the guidelines and standards adopted by the council and 21 subsequently approved by the legislature have been followed and considered. 22 * Sec. 4. AS 46.40.100(d) is amended to read: 23 (d) In [EXCEPT WHEN A PETITION HAS BEEN FILED UNDER 24 AS 46.40.096(e), IN] determining whether a state agency is complying with a district 25 coastal management program with respect to its exercise of regulation or control of the 26 resources within the coastal area, the council shall find in favor of the agency if 27 (1) the use or activity for which the permit, license, or approval is 28 granted is consistent with the district coastal management program and regulations 29 adopted under it; and 30 (2) the use or activity for which the permit, license, or approval is 31 granted is consistent with requirements imposed by state statute, regulation, or local
01 ordinance applicable to the use or activity. 02 * Sec. 5. AS 46.40.100(f) is amended to read: 03 (f) Upon receipt of a petition under (b) of this section, the council shall give 04 notice of the hearing convened to consider the petition as follows: 05 (1) notice of the hearing shall be given at least 10 days before the 06 scheduled date of the hearing 07 (A) by publication in 08 (i) a newspaper of statewide circulation; or 09 (ii) a newspaper of general circulation in the vicinity of 10 the district coastal management program that is the subject of the 11 petition; and 12 (B) by at least one of the following methods: 13 (i) publication through public service announcements 14 on the electronic media serving the area affected by the district coastal 15 management program; 16 (ii) posting in a conspicuous location in the vicinity of 17 the proposed project or action; 18 (iii) notifying parties known or likely to be affected by 19 the proposed project or action; or 20 (iv) another method calculated to effectively notify 21 affected interested parties; [.] 22 (2) a notice provided under (1) of this subsection must 23 (A) contain sufficient information in commonly understood 24 terms to inform the public of the nature of the petition; and 25 (B) indicate the manner in which the public may comment on 26 the petition [IF THE PETITION IS FILED UNDER (b)(2) OF THIS 27 SECTION]. 28 * Sec. 6. AS 46.40.100(g) is amended to read: 29 (g) The opportunity to petition under (b) [(b)(2)] of this section is limited to 30 (1) a coastal resource district; 31 (2) a citizen of the coastal resource district; or
01 (3) a state agency. 02 * Sec. 7. AS 46.40.096(e) and 46.40.096(f) are repealed.