SB 308: "An Act relating to the Alaska coastal management program and the responsibilities of the Alaska Coastal Policy Council."
00 SENATE BILL NO. 308 01 "An Act relating to the Alaska coastal management program and the responsibilities of 02 the Alaska Coastal Policy Council." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 46.40.030 is amended by adding a new subsection to read: 05 (b) In developing statements of policies and regulations under (a) of this 06 section, a coastal resource district may not incorporate by reference statutes and 07 administrative regulations adopted by state agencies. 08 * Sec. 2. AS 46.40.040 is amended to read: 09 Sec. 46.40.040. Duties of the Alaska Coastal Policy Council. Through the 10 public hearing process and the recording of the minutes of the hearings, the Alaska 11 Coastal Policy Council shall 12 (1) by regulation, adopt under the provisions of AS 44.62 13 (Administrative Procedure Act) for the use of and application by coastal resource 14 districts and state agencies for carrying out their responsibilities under this chapter,
01 guidelines and standards for 02 (A) identifying the boundaries of the coastal area subject to the 03 district coastal management program; 04 (B) determining the land and water uses and activities subject 05 to the district coastal management program; 06 (C) developing policies applicable to the land and water uses 07 subject to the district coastal management program; 08 (D) developing regulations applicable to the land and water 09 uses subject to the district coastal management program; 10 (E) developing policies and procedures to determine whether 11 specific proposals for the land and water uses or activities subject to the district 12 coastal management program shall be allowed; 13 (F) designating and developing policies for the use of areas of 14 the coast that [WHICH] merit special attention; and 15 (G) measuring the progress of a coastal resource district in 16 meeting its responsibilities under this chapter; 17 (2) develop and maintain a program of technical and financial 18 assistance to aid coastal resource districts in the development and implementation of 19 district coastal management programs; 20 (3) undertake review and approval of district coastal management 21 programs in accordance with this chapter; 22 (4) initiate a process for identifying and managing uses of state 23 concern within specific areas of the coast; 24 (5) develop procedures or guidelines for consultation and coordination 25 with federal agencies managing land or conducting activities potentially affecting the 26 coastal area of the state; 27 (6) by regulation, establish a consistency review and determination or 28 certification process that conforms to the requirements of AS 46.40.096; 29 (7) adopt regulations under the provisions of AS 44.62 30 (Administrative Procedure Act) that establish procedures for periodic review of 31 an approved district coastal management program to ensure that the program is
01 substantially consistent with the provisions of this chapter and the guidelines and 02 standards adopted by the council, to ensure that the approved program is 03 implemented and enforced, and to ensure that the program does not arbitrarily 04 or unreasonably restrict or exclude uses of state concern; 05 (8) adopt regulations under the provisions of AS 44.62 06 (Administrative Procedure Act) that establish procedures for revocation of 07 approval of a district coastal management program, after notice to the district 08 and a reasonable opportunity to cure the deficiencies in the program, upon a 09 finding that the program is not substantially consistent with the provisions of this 10 chapter or the guidelines and standards adopted by the council, that the program 11 has not been implemented or is not enforced, or that the program arbitrarily or 12 unreasonably restricts or excludes uses of state concern. 13 * Sec. 3. AS 46.40.096(d) is amended to read: 14 (d) In preparing a consistency review and determination for a proposed 15 project, the reviewing entity shall 16 (1) request consistency review comments for the proposed project 17 from state resource agencies, affected coastal resource districts, and other interested 18 parties as determined by regulation adopted by the council; 19 (2) prepare proposed consistency determinations; 20 (3) coordinate subsequent reviews of proposed consistency 21 determinations prepared under (2) of this subsection; a subsequent review of a 22 proposed consistency determination under this paragraph 23 (A) is limited to a review by the state resource agencies; and 24 (B) may occur only if requested by 25 (i) the project applicant; 26 (ii) a state resource agency; or 27 (iii) an affected coastal resource district; 28 (4) after providing an opportunity [TO FILE A PETITION] for 29 subsequent review under [(e) OF] this subsection [SECTION], render a [THE] final 30 consistency determination and certification. 31 * Sec. 4. AS 46.40.096(e), 46.40.096(f), 46.40.100(b), 46.40.100(c), 46.40.100(d),
01 46.40.100(e), 46.40.100(f), and 46.40.100(g) are repealed. 02 * Sec. 5. MODIFICATION OF APPROVED COASTAL MANAGEMENT PROGRAM 03 PLANS. (a) In a municipality or coastal resource service area for which the Alaska Coastal 04 Policy Council has approved a district coastal management program that is not consistent with 05 the prohibition of AS 46.40.030(b), added by sec. 1 of this Act, the municipality or coastal 06 resource service area shall submit to the Alaska Coastal Policy Council, within one year after 07 the effective date of this Act, program modifications to conform the program to the 08 requirements of AS 46.40.030(b), added by sec. 1 of this Act. 09 (b) If a municipality or coastal resource service area does not comply with (a) of this 10 section, the Alaska Coastal Policy Council may enter an order deleting the incorporation by 11 reference of statutes and administrative regulations in violation of AS 46.40.030(b), added by 12 sec. 1 of this Act.