CSSB 308(RES): "An Act relating to the Alaska coastal management program and the responsibilities of the Alaska Coastal Policy Council; and providing for an effective date."
00 CS FOR SENATE BILL NO. 308(RES) 01 "An Act relating to the Alaska coastal management program and the responsibilities of 02 the Alaska Coastal Policy Council; and providing for an effective date." 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 46.40.094 is amended by adding a new subsection to read: 09 (d) Notwithstanding any other provision of this section, for a natural gas 10 pipeline project from the Alaska North Slope following a route that parallels the Trans 11 Alaska Pipeline System and the Alaska Highway to the Canadian border or a route 12 that runs south to Alaska tidewater, any agency responsible for the consistency 13 determination with respect to proposed uses or activities involved in the project may, 14 in its discretion, conduct the review and make the consistency determination in
01 separate phases in a manner that promotes review of proposed uses and activities 02 based upon the project's design, construction sequence, and schedule. 03 * Sec. 3. AS 46.40.096(d) is amended to read: 04 (d) In preparing a consistency review and determination for a proposed 05 project, the reviewing entity shall 06 (1) request consistency review comments for the proposed project 07 from state resource agencies, affected coastal resource districts, and other interested 08 parties as determined by regulation adopted by the council; 09 (2) prepare proposed consistency determinations; 10 (3) coordinate subsequent reviews of proposed consistency 11 determinations prepared under (2) of this subsection; a subsequent review of a 12 proposed consistency determination under this paragraph 13 (A) is limited to a review by the state resource agencies; and 14 (B) may occur only if requested by 15 (i) the project applicant; 16 (ii) a state resource agency; or 17 (iii) an affected coastal resource district; 18 (4) after providing an opportunity [TO FILE A PETITION] for 19 subsequent review under [(e) OF] this subsection [SECTION], render a [THE] final 20 consistency determination and certification. 21 * Sec. 4. AS 46.40.100(b) is amended to read: 22 (b) A party that is authorized under [AS 46.40.096(e)(1) OR] (g) of this 23 section may file a petition showing that a district coastal management program is not 24 being implemented, enforced, or complied with; a petition filed under this section 25 may not seek review of a proposed or final consistency determination regarding a 26 specific project. On receipt of a petition, the council, after giving public notice in the 27 manner required by (f) of this section, shall convene a hearing to consider the matter. 28 A hearing called under this subsection shall be held in accordance with regulations 29 adopted by the council. After hearing, 30 [(1) IF THE PETITION WAS FILED UNDER AS 46.40.096(e) AND 31 THE COUNCIL FINDS THAT
01 (A) THE OFFICE OR THE STATE AGENCY 02 RESPONSIBLE FOR COORDINATING THE CONSISTENCY REVIEW 03 HAS NOT FAIRLY CONSIDERED THE PETITIONER'S COMMENTS IN 04 THE DEVELOPMENT OF A PROPOSED CONSISTENCY 05 DETERMINATION, THE COUNCIL SHALL REMAND THE PROPOSED 06 CONSISTENCY DETERMINATION TO THE OFFICE, OR TO THE 07 STATE AGENCY RESPONSIBLE FOR COORDINATING THE 08 CONSISTENCY REVIEW, FOR PREPARATION OF A REVISED 09 PROPOSED CONSISTENCY DETERMINATION THAT GIVES FAIR 10 CONSIDERATION TO THE PETITIONER'S COMMENTS; 11 (B) A REMAND OF THE CONSISTENCY 12 DETERMINATION IS NOT REQUIRED UNDER (A) OF THIS 13 PARAGRAPH, THE COUNCIL SHALL DISMISS THE PETITION; 14 (2) IF THE PETITION WAS NOT FILED UNDER AS 46.40.096(e),] 15 the council may order that the coastal resource district or a state agency take any 16 action the council considers necessary to implement, enforce, or comply with the 17 district coastal management program, except that the council may not order that the 18 coastal resource district or a state agency take any action with respect to a 19 project for which a proposed or final consistency determination has been made. 20 * Sec. 5. AS 46.40.100(c) is amended to read: 21 (c) In [EXCEPT WHEN A PETITION HAS BEEN FILED UNDER 22 AS 46.40.096(e), IN] determining whether an approved district coastal management 23 program is being implemented, enforced, or complied with by a coastal resource 24 district that exercises zoning authority or controls on the use of resources within the 25 coastal area, the council shall find in favor of the district if 26 (1) zoning or other regulations have been adopted and are being 27 enforced; 28 (2) variances are being granted according to procedures and criteria 29 that are elements of the district coastal management program, or the variance is 30 otherwise approved by the council; and 31 (3) procedures and standards adopted by the coastal resource district as
01 required by this chapter or by the guidelines and standards adopted by the council and 02 subsequently approved by the legislature have been followed and considered. 03 * Sec. 6. AS 46.40.100(d) is amended to read: 04 (d) In [EXCEPT WHEN A PETITION HAS BEEN FILED UNDER 05 AS 46.40.096(e), IN] determining whether a state agency is complying with a district 06 coastal management program with respect to its exercise of regulation or control of the 07 resources within the coastal area, the council shall find in favor of the agency if 08 (1) the use or activity for which the permit, license, or approval is 09 granted is consistent with the district coastal management program and regulations 10 adopted under it; and 11 (2) the use or activity for which the permit, license, or approval is 12 granted is consistent with requirements imposed by state statute, regulation, or local 13 ordinance applicable to the use or activity. 14 * Sec. 7. AS 46.40.100(f) is amended to read: 15 (f) Upon receipt of a petition under (b) of this section, the council shall give 16 notice of the hearing convened to consider the petition as follows: 17 (1) notice of the hearing shall be given at least 10 days before the 18 scheduled date of the hearing 19 (A) by publication in 20 (i) a newspaper of statewide circulation; or 21 (ii) a newspaper of general circulation in the vicinity of 22 the district coastal management program that is the subject of the 23 petition; and 24 (B) by at least one of the following methods: 25 (i) publication through public service announcements 26 on the electronic media serving the area affected by the district coastal 27 management program; 28 (ii) posting in a conspicuous location in the vicinity of 29 the proposed project or action; 30 (iii) notifying parties known or likely to be affected by 31 the proposed project or action; or
01 (iv) another method calculated to effectively notify 02 affected interested parties; 03 (2) a notice provided under (1) of this subsection must 04 (A) contain sufficient information in commonly understood 05 terms to inform the public of the nature of the petition; and 06 (B) indicate the manner in which the public may comment on 07 the petition [IF THE PETITION IS FILED UNDER (b)(2) OF THIS 08 SECTION]. 09 * Sec. 8. AS 46.40.100(g) is amended to read: 10 (g) The opportunity to petition under (b) [(b)(2)] of this section is limited to 11 (1) a coastal resource district; 12 (2) [A CITIZEN OF THE COASTAL RESOURCE DISTRICT; OR 13 (3)] a state agency. 14 * Sec. 9. AS 46.40.096(e) and 46.40.096(f) are repealed. 15 * Sec. 10. This Act takes effect immediately under AS 01.10.070(c).