SSSB 60: "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 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 60 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 44.37 is amended by adding new sections to read: 05 Article 2. Unified Permit Applications. 06 Sec. 44.37.200. Unified permit application clearinghouse. The unified 07 permit application clearinghouse is established in the department. 08 Sec. 44.37.210. 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; and 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. 44.37.220. 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 44.37.210, 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. 30 (c) An application is complete if the application 31 (1) contains the information described in AS 44.37.210(a); and
01 (2) is sufficient to begin a review under each applicable resource 02 agency's statutory and regulatory requirements. 03 (d) If the clearinghouse determines that the application is incomplete, the 04 clearinghouse shall notify the applicant and identify the information necessary to 05 complete the application. Once the clearinghouse has determined that an application 06 is complete, it shall immediately submit a copy of the application to each applicable 07 resource agency for review. 08 Sec. 44.37.230. Unified permit application review. (a) Within 14 days after 09 receipt of a complete unified permit application, a resource agency shall request from 10 the clearinghouse any additional information necessary to conduct the agency's review 11 of the application. The clearinghouse shall submit requests for additional information 12 to the applicant. The clearinghouse shall supply any additional information provided 13 by the applicant to each resource agency reviewing the application. 14 (b) Within seven days after receiving additional information provided by the 15 applicant from the clearinghouse, the requesting agency shall notify the clearinghouse 16 whether the information is adequate. If the information is not adequate, the requesting 17 agency shall 18 (1) explain how the information submitted is inadequate; and 19 (2) identify 20 (A) the information needed to satisfy the original request; and 21 (B) any further information needed to analyze issues raised by 22 the response to the original request for additional information. 23 (c) Each resource agency reviewing an application shall review the unified 24 permit application in accordance with applicable statutes and regulations. Each 25 resource agency shall initiate public involvement in the application review process in 26 accordance with applicable statutes and regulations. Resource agencies shall 27 coordinate public involvement and conduct unified public hearings to the extent 28 possible. 29 (d) A resource agency shall issue permit decisions on the application within 60 30 days after the agency's receipt of an application, or within 60 days after the agency's 31 receipt of any additional information, unless the commissioner of that agency finds
01 that additional time is necessary to fulfill statutory responsibilities. 02 Sec. 44.37.299. Definitions. In AS 44.37.200 - 44.37.299, 03 (1) "clearinghouse" means the unified permit application clearinghouse 04 established in AS 44.37.200; 05 (2) "department" means the Department of Natural Resources; 06 (3) "permit" means a permit, lease, authorization, license, or other 07 determination necessary for completion of a project; 08 (4) "resource agency" means 09 (A) the Department of Environmental Conservation; 10 (B) the Department of Fish and Game; or 11 (C) the Department of Natural Resources. 12 * Sec. 2. AS 41.17.085(a); AS 46.03.020(11); AS 46.35.010, 46.35.020, 46.35.030, 13 46.35.040, 46.35.050, 46.35.060, 46.35.070, 46.35.080, 46.35.090, 46.35.100, 46.35.110, 14 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 15 are repealed. 16 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 EFFECT ON OTHER STATUTES. To the extent a provision of this Act conflicts 19 with a provision of any statute, the provision of this Act shall prevail. 20 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 ADOPTION OF INITIAL UNIFIED PERMIT APPLICATION FORM. Under 23 AS 44.37.210, added by sec. 1 of this Act, the Department of Environmental Conservation, 24 the Department of Fish and Game, and the Department of Natural Resources shall adopt the 25 initial unified permit application form within six months after the effective date of this Act.