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