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HB 78: "An Act relating to adoption and use of a unified permit application form by the natural resource agencies; and repealing the Environmental Procedures Coordination Act."

00                              HOUSE BILL NO. 78                                                                          
01 "An Act relating to adoption and use of a unified permit application form by the natural                                
02 resource agencies; and repealing the Environmental Procedures Coordination Act."                                        
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 44.19 is amended by adding new sections to read:                                                  
05                   Article 4A.  Unified Permit Applications.                                                           
06            Sec. 44.19.211.  Unified permit application clearinghouse.  The unified                                    
07       permit application clearinghouse is established in the Office of the Governor.                                    
08            Sec. 44.19.213.  Unified permit application form.  (a)  The resource agencies                              
09       shall adopt a unified permit application form.  The application form must require the                             
10       applicant to provide the following information and any other information necessary to                             
11       meet the statutory and regulatory permit requirements of a resource agency:                                       
12                 (1)  the applicant's name;                                                                              
13                 (2)  the applicant's contact information, including the applicant's                                     
14                      (A)  address;                                                                                      
01                      (B)  telephone number;                                                                             
02                      (C)  electronic mail address, if any;                                                              
03                      (D)  facsimile number, if any;                                                                     
04                 (3)  a description of the project, including                                                            
05                      (A)  a complete and detailed description of the proposed project,                                  
06            with sufficient specificity for the reviewing agencies to determine the purpose                              
07            of the proposed project;                                                                                     
08                      (B)  maps, diagrams, technical data, and other relevant material                                   
09            that precisely describe the site location, topographical information, township,                              
10            range, section, meridian, and other site-specific information of the project; and                            
11                 (4)  the proposed start and end dates for the project.                                                  
12            (b)  Following adoption of the unified permit application form by the resource                               
13       agencies, the unified permit application shall be the only application required for any                           
14       permitting action, including a consistency review under the Alaska coastal                                        
15       management program, by the resource agencies when a project requires permits from                                 
16       two or more resource agencies.                                                                                    
17            (c)  Through a collaborative process, the resource agencies may, from time to                                
18       time, revise the unified permit application form as necessary to conform to changes in                            
19       applicable statutes and regulations.                                                                              
20            Sec. 44.19.215.  Unified permit application.  (a)  An applicant for a permit                               
21       from a resource agency shall complete a unified permit application on a form provided                             
22       by the clearinghouse and submit the application to the unified permit application                                 
23       clearinghouse.  Notwithstanding any other provision of law, on and after the date of                              
24       adoption of the unified permit application form under AS 44.19.213, the unified                                   
25       permit application is the only application required for a permitting action, including a                          
26       consistency review under AS 46.40 (Alaska coastal management program), by a                                       
27       resource agency when a project requires permits from two or more resource agencies.                               
28            (b)  Within 14 days after receipt of a unified permit application, the                                       
29       clearinghouse shall determine whether the application is complete.  If the                                        
30       clearinghouse determines that the application is incomplete, the clearinghouse shall                              
31       notify the applicant and identify the information necessary to complete the application.                          
01       Once the clearinghouse has determined that an application is complete, it shall                                   
02       immediately submit a copy of the application to each applicable resource agency for                               
03       review.                                                                                                           
04            Sec. 44.19.217.  Unified permit application review.  (a)  Within 15 days after                             
05       receipt of a complete unified permit application, a resource agency shall request from                            
06       the clearinghouse any additional information necessary to conduct the agency's review                             
07       of the application.  The clearinghouse shall submit requests for additional information                           
08       to the applicant.  The clearinghouse shall supply any additional information provided                             
09       by the applicant to each resource agency reviewing the application.                                               
10            (b)  Each resource agency reviewing an application shall review the unified                                  
11       permit application in accordance with applicable statutes and regulations.  Each                                  
12       resource agency shall initiate public involvement in the application review process in                            
13       accordance with applicable statutes and regulations.  Resource agencies shall                                     
14       coordinate public involvement and conduct unified public hearings to the extent                                   
15       possible.                                                                                                         
16            (c)  A resource agency shall issue permit decisions on the application within 60                             
17       days after the agency's receipt of an application, or within 60 days after the agency's                           
18       receipt of any additional information, unless the commissioner of that agency finds                               
19       that additional time is necessary to fulfill statutory responsibilities.                                          
20            Sec. 44.19.219.  Definitions.  In AS 44.19.211 - 44.19.219,                                                
21                 (1)  "clearinghouse" means the unified permit application clearinghouse                                 
22       established in AS 44.19.211;                                                                                      
23                 (2)  "permit" means a permit, lease, authorization, license, or other                                   
24       determination necessary for completion of a project;                                                              
25                 (3)  "resource agency" means                                                                            
26                      (A)  the Department of Environmental Conservation;                                                 
27                      (B)  the Department of Fish and Game; or                                                           
28                      (C)  the Department of Natural Resources.                                                          
29    * Sec. 2.  AS 41.17.085(a); AS 46.03.020(11); AS 46.35.010, 46.35.020, 46.35.030,                                  
30 46.35.040, 46.35.050, 46.35.060, 46.35.070, 46.35.080, 46.35.090, 46.35.100, 46.35.110,                                 
31 46.35.120, 46.35.130, 46.35.140, 46.35.150, 46.35.160, 46.35.170, 46.35.200, and 46.35.210                              
01 are repealed.                                                                                                           
02    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
03 read:                                                                                                                   
04       EFFECT ON OTHER STATUTES.  To the extent a provision of this Act conflicts                                        
05 with a provision of any statute, the provision of this Act shall prevail.                                               
06    * Sec. 4.  The uncodified law of the State of Alaska is amended by adding a new section to                         
07 read:                                                                                                                   
08       ADOPTION OF INITIAL UNIFIED PERMIT APPLICATION FORM.  Under                                                       
09 AS 44.19.213, added by sec. 1 of this Act, the Department of Environmental Conservation,                                
10 the Department of Fish and Game, and the Department of Natural Resources shall adopt the                                
11 initial unified permit application form within six months after the effective date of this Act.