SCS CSHB 439(FIN): "An Act relating to compliance with and implementation of district coastal management programs; removing the 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; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 439(FIN) 01 "An Act relating to compliance with and implementation of district coastal management 02 programs; removing the opportunity to petition for review of proposed or final 03 consistency determinations under the Alaska coastal zone management program; and 04 limiting the authority of the Alaska Coastal Policy Council to order a coastal resource 05 district or a state agency to take action with respect to a proposed or final consistency 06 determination; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 46.40.096(d) is amended to read: 09 (d) In preparing a consistency review and determination for a proposed 10 project, the reviewing entity shall 11 (1) request consistency review comments for the proposed project 12 from state resource agencies, affected coastal resource districts, and other interested 13 parties as determined by regulation adopted by the council;
01 (2) prepare proposed consistency determinations; 02 (3) coordinate subsequent reviews of proposed consistency 03 determinations prepared under (2) of this subsection; a subsequent review of a 04 proposed consistency determination under this paragraph 05 (A) is limited to a review by the state resource agencies; and 06 (B) may occur only if requested by 07 (i) the project applicant; 08 (ii) a state resource agency; or 09 (iii) an affected coastal resource district; 10 (4) [AFTER PROVIDING AN OPPORTUNITY TO FILE A 11 PETITION FOR REVIEW UNDER (e) OF THIS SECTION,] render the final 12 consistency determination and certification. 13 * Sec. 2. AS 46.40.100(a) is amended to read: 14 (a) Municipalities and state resource agencies shall administer land and water 15 use regulations or controls in conformity with district coastal management programs 16 approved by the council [AND THE LEGISLATURE] and in effect. 17 * Sec. 3. AS 46.40.100(b) is amended to read: 18 (b) A party that is authorized under [AS 46.40.096(e)(1) OR] (g) of this 19 section may file a petition showing that a district coastal management program is not 20 being implemented. A petition filed under this subsection may not seek review of 21 a proposed or final consistency determination regarding a specific project [, 22 ENFORCED, OR COMPLIED WITH]. On receipt of a petition, the council, after 23 giving public notice in the manner required by (f) of this section, shall convene a 24 hearing to consider the matter. A hearing called under this subsection shall be held in 25 accordance with regulations adopted by the council. After hearing, 26 [(1) IF THE PETITION WAS FILED UNDER AS 46.40.096(e) AND 27 THE COUNCIL FINDS THAT 28 (A) THE OFFICE OR THE STATE AGENCY 29 RESPONSIBLE FOR COORDINATING THE CONSISTENCY REVIEW 30 HAS NOT FAIRLY CONSIDERED THE PETITIONER'S COMMENTS IN 31 THE DEVELOPMENT OF A PROPOSED CONSISTENCY
01 DETERMINATION, THE COUNCIL SHALL REMAND THE PROPOSED 02 CONSISTENCY DETERMINATION TO THE OFFICE, OR TO THE 03 STATE AGENCY RESPONSIBLE FOR COORDINATING THE 04 CONSISTENCY REVIEW, FOR PREPARATION OF A REVISED 05 PROPOSED CONSISTENCY DETERMINATION THAT GIVES FAIR 06 CONSIDERATION TO THE PETITIONER'S COMMENTS; 07 (B) A REMAND OF THE CONSISTENCY 08 DETERMINATION IS NOT REQUIRED UNDER (A) OF THIS 09 PARAGRAPH, THE COUNCIL SHALL DISMISS THE PETITION; 10 (2) IF THE PETITION WAS NOT FILED UNDER AS 46.40.096(e),] 11 the council may order that the coastal resource district or a state resource agency take 12 any action with respect to future implementation of the district coastal 13 management program that the council considers necessary, except that the council 14 may not order that the coastal resource district or a state agency take any action 15 with respect to a proposed or final consistency determination that has been issued 16 [TO IMPLEMENT, ENFORCE, OR COMPLY WITH THE DISTRICT COASTAL 17 MANAGEMENT PROGRAM]. 18 * Sec. 4. AS 46.40.100(c) is amended to read: 19 (c) In [EXCEPT WHEN A PETITION HAS BEEN FILED UNDER 20 AS 46.40.096(e), IN] determining whether an approved district coastal management 21 program is being implemented [, ENFORCED, OR COMPLIED WITH] by a coastal 22 resource district that exercises zoning authority or controls on the use of resources 23 within the coastal area or by a state resource agency, the council shall find in favor 24 of the district or the state resource agency, unless the council finds a pattern of 25 nonimplementation [IF 26 (1) ZONING OR OTHER REGULATIONS HAVE BEEN ADOPTED 27 AND ARE BEING ENFORCED; 28 (2) VARIANCES ARE BEING GRANTED ACCORDING TO 29 PROCEDURES AND CRITERIA THAT ARE ELEMENTS OF THE DISTRICT 30 COASTAL MANAGEMENT PROGRAM, OR THE VARIANCE IS OTHERWISE 31 APPROVED BY THE COUNCIL; AND
01 (3) PROCEDURES AND STANDARDS ADOPTED BY THE 02 COASTAL RESOURCE DISTRICT AS REQUIRED BY THIS CHAPTER OR BY 03 THE GUIDELINES AND STANDARDS ADOPTED BY THE COUNCIL AND 04 SUBSEQUENTLY APPROVED BY THE LEGISLATURE HAVE BEEN 05 FOLLOWED AND CONSIDERED]. 06 * Sec. 5. AS 46.40.100(f) is amended to read: 07 (f) Upon receipt of a petition under (b) of this section, the council shall give 08 notice of the hearing [CONVENED TO CONSIDER THE PETITION AS 09 FOLLOWS:] 10 (1) [NOTICE OF THE HEARING SHALL BE GIVEN] at least 10 11 days before the scheduled date of the hearing. The 12 [(A) BY PUBLICATION IN 13 (i) A NEWSPAPER OF STATEWIDE 14 CIRCULATION; OR 15 (ii) A NEWSPAPER OF GENERAL CIRCULATION 16 IN THE VICINITY OF THE DISTRICT COASTAL MANAGEMENT 17 PROGRAM THAT IS THE SUBJECT OF THE PETITION; AND 18 (B) BY AT LEAST ONE OF THE FOLLOWING METHODS: 19 (i) PUBLICATION THROUGH PUBLIC SERVICE 20 ANNOUNCEMENTS ON THE ELECTRONIC MEDIA SERVING 21 THE AREA AFFECTED BY THE DISTRICT COASTAL 22 MANAGEMENT PROGRAM; 23 (ii) POSTING IN A CONSPICUOUS LOCATION IN 24 THE VICINITY OF THE PROPOSED PROJECT OR ACTION; 25 (iii) NOTIFYING PARTIES KNOWN OR LIKELY 26 TO BE AFFECTED BY THE PROPOSED PROJECT OR ACTION; 27 OR 28 (iv) ANOTHER METHOD CALCULATED TO 29 EFFECTIVELY NOTIFY AFFECTED INTERESTED PARTIES. 30 (2) a] notice [PROVIDED UNDER (1) OF THIS SUBSECTION] 31 must
01 (1) [(A)] contain sufficient information in commonly understood terms 02 to inform the public of the nature of the petition; and 03 (2) [(B)] indicate the manner in which the public may comment on the 04 petition [IF THE PETITION IS FILED UNDER (b)(2) OF THIS SECTION]. 05 * Sec. 6. AS 46.40.100(g) is amended to read: 06 (g) The opportunity to petition [UNDER (b)(2) OF THIS SECTION] is 07 limited to 08 (1) a coastal resource district; 09 (2) a citizen of the coastal resource district; or 10 (3) a state resource agency. 11 * Sec. 7. AS 46.40.100 is amended by adding a new subsection to read: 12 (h) If the council finds a pattern of nonimplementation under (c) of this 13 section, the council may order a coastal resource district or a state resource agency to 14 take action with respect to future implementation of the district coastal management 15 program that the council considers necessary to implement the district coastal 16 management program. The council's determination under (c) of this section and any 17 order issued under this subsection shall be considered a final administrative order for 18 purposes of judicial review under AS 44.62.560. 19 * Sec. 8. AS 46.40.210 is amended by adding a new paragraph to read: 20 (9) "resource agency" has the meaning given in AS 44.19.152. 21 * Sec. 9. AS 46.40.094(c)(2), 46.40.096(e), 46.40.096(f), and 46.40.100(d) are repealed. 22 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 TRANSITION PROVISION. Petitions filed under AS 46.40 before the effective date 25 of this Act shall be heard and acted on according to the law in effect on the date the petition 26 was filed. 27 * Sec. 11. This Act takes effect immediately under AS 01.10.070(c).