CSSB 161(CRA): "An Act relating to the Alaska coastal management program; establishing the Alaska Coastal Policy Council; and providing for an effective date."
00 CS FOR SENATE BILL NO. 161(CRA) 01 "An Act relating to the Alaska coastal management program; establishing the Alaska 02 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 38.05.825(a) is amended to read: 05 (a) Unless the commissioner finds that the public interest in retaining state 06 ownership of the land clearly outweighs the municipality's interest in obtaining the 07 land, the commissioner shall convey to a municipality tide or submerged land 08 requested by the municipality that is occupied or suitable for occupation and 09 development if the 10 (1) land is within or contiguous to the boundaries of the municipality; 11 (2) use of the land would not unreasonably interfere with navigation or 12 public access; 13 (3) municipality has applied to the commissioner for conveyance of the 14 land under this section;
01 (4) land is not subject to a shore fisheries lease under AS 38.05.082, 02 or, if the land is subject to a shore fisheries lease, the commissioner determines it is in 03 the best interests of the state to convey the land; 04 (5) land is classified for waterfront development or for another use that 05 is consistent or compatible with the use proposed by the municipality, or the proposed 06 use of the land is consistent or compatible with a land use plan adopted by the 07 municipality, [OR] the department, or the Alaska Coastal Policy Council 08 established in AS 46.39.005; and 09 (6) land 10 (A) is required for the accomplishment of a public or private 11 development approved by the municipality; 12 (B) is the subject of a lease from the state to the municipality; 13 or 14 (C) has been approved for lease to the municipality. 15 * Sec. 2. AS 38.05.825(a) is amended to read: 16 (a) Unless the commissioner finds that the public interest in retaining state 17 ownership of the land clearly outweighs the municipality's interest in obtaining the 18 land, the commissioner shall convey to a municipality tide or submerged land 19 requested by the municipality that is occupied or suitable for occupation and 20 development if the 21 (1) land is within or contiguous to the boundaries of the municipality; 22 (2) use of the land would not unreasonably interfere with navigation or 23 public access; 24 (3) municipality has applied to the commissioner for conveyance of the 25 land under this section; 26 (4) land is not subject to a shore fisheries lease under AS 38.05.082, 27 or, if the land is subject to a shore fisheries lease, the commissioner determines it is in 28 the best interests of the state to convey the land; 29 (5) land is classified for waterfront development or for another use that 30 is consistent or compatible with the use proposed by the municipality, or the proposed 31 use of the land is consistent or compatible with a land use plan adopted by the
01 municipality or [,] the department [, OR THE ALASKA COASTAL POLICY 02 COUNCIL ESTABLISHED IN AS 46.39.005]; and 03 (6) land 04 (A) is required for the accomplishment of a public or private 05 development approved by the municipality; 06 (B) is the subject of a lease from the state to the municipality; 07 or 08 (C) has been approved for lease to the municipality. 09 * Sec. 3. AS 44.62.800(1) is amended to read: 10 (1) "agency" means a department, an institution, or a division or other 11 administrative unit of the executive branch of state government authorized or required 12 by law to make regulations, except that "agency" does not include 13 (A) a board, a commission, a council other than the Alaska 14 Coastal Policy Council established in AS 46.39.005, an authority, or a public 15 corporation of the executive branch of state government authorized or required 16 by law to make regulations; or 17 (B) the Department of Corrections; 18 * Sec. 4. AS 44.62.800(1) is amended to read: 19 (1) "agency" means a department, an institution, or a division or other 20 administrative unit of the executive branch of state government authorized or required 21 by law to make regulations, except that "agency" does not include 22 (A) a board, a commission, a council [OTHER THAN THE 23 ALASKA COASTAL POLICY COUNCIL ESTABLISHED IN 24 AS 46.39.005], an authority, or a public corporation of the executive branch of 25 state government authorized or required by law to make regulations; or 26 (B) the Department of Corrections; 27 * Sec. 5. AS 46.39 is amended by adding a new section to article 1 to read: 28 Sec. 46.39.005. Alaska Coastal Policy Council. (a) There is created in the 29 Department of Natural Resources the Alaska Coastal Policy Council. The council 30 consists of the following: 31 (1) nine public members appointed by the commissioner from a list
01 composed of at least three names from each region, nominated by the municipalities of 02 each region; the nominees shall be the mayor or member of the assembly or council of 03 a municipality; one public member shall be appointed from each of the following 04 general regions: 05 (A) northwest Alaska, including, generally, the area of the 06 North Slope Borough and the Northwest Arctic Borough; 07 (B) Bering Strait, including, generally, the area of the Bering 08 Strait regional educational attendance area; 09 (C) southwest Alaska, including, generally, the area within the 10 Lower Yukon, Lower Kuskokwim, and Southwest regional educational 11 attendance areas and the Lake and Peninsula and Bristol Bay Boroughs; 12 (D) Kodiak-Aleutians, including the area of the Kodiak Island 13 and Aleutians East Boroughs and the Aleutian, Adak and Pribilof regional 14 educational attendance areas; 15 (E) Upper Cook Inlet, including the Municipality of Anchorage 16 and the Matanuska-Susitna Borough; 17 (F) Lower Cook Inlet, including, generally, the area within the 18 Kenai Peninsula Borough; 19 (G) Prince William Sound, including, generally, the area east of 20 the Kenai Peninsula Borough to 141 West longitude; 21 (H) northern Southeast Alaska, including the area southeast of 22 141 West longitude and north of 57 North latitude, including the entirety of the 23 City and Borough of Sitka; and 24 (I) southern Southeast Alaska, including that portion of 25 southeastern Alaska not contained within the area described in (H) of this 26 paragraph; 27 (2) each of the following: 28 (A) the commissioner of commerce, community, and economic 29 development; 30 (B) the commissioner of environmental conservation; 31 (C) the commissioner of fish and game;
01 (D) the commissioner of natural resources; and 02 (E) the commissioner of transportation and public facilities. 03 (b) Each public member appointed by the commissioner under (a)(1) of this 04 section serves a term of two years and until a successor is appointed and qualified. A 05 public member may be reappointed. 06 (c) The council shall designate cochairs, one of whom shall be selected from 07 among the public members appointed under (a)(1) of this section and one from among 08 the members designated in (a)(2) of this section. 09 (d) Each member of the council shall select one person to serve as a 10 permanent alternate at meetings of the council. If a member of the council is unable to 11 attend, the member shall advise the alternate, who may attend and act in the place of 12 the member. The alternate for a public member appointed under (a)(1) of this section 13 shall, at the time of the alternate's designation and throughout the period of service as 14 a permanent alternate, be the mayor or member of the assembly or council of a 15 municipality within the region from which the permanent member is appointed. The 16 alternate for a designated member serving under (a)(2) of this section shall be a deputy 17 commissioner of the department or the director of a division in the department. The 18 names of alternates shall be filed with the council. 19 (e) Four public members and three designated members of the council 20 constitute a quorum, but one or more of the members designated by the council may 21 hold hearings. All decisions of the council shall be by a majority vote of the members 22 present and voting. 23 (f) Members of the council or their alternates are entitled to per diem and 24 travel expenses authorized by law for members of boards and commissions. 25 (g) If an incumbent public member ceases to meet the qualifications 26 prescribed in (a)(1) of this section for nomination to the council or if a vacancy exists 27 among the public members for any other reason except for a vacancy because of the 28 expiration of the term of a public member, the commissioner shall, within 30 days 29 after the establishment of the vacancy by lack of qualification or other reason, make an 30 appointment, to be immediately effective, for the unexpired portion of the term. An 31 appointment by the commissioner made under this subsection to fill an unexpired term
01 of a public member shall comply with the requirements of (a)(1) of this section; 02 however, the commissioner may appoint from qualified persons without soliciting 03 from municipalities nominations of persons to fill the unexpired portion of the term. 04 * Sec. 6. AS 46.39.010(a) is amended to read: 05 (a) The council [DEPARTMENT OF NATURAL RESOURCES] shall 06 render, on behalf of the state, all federal consistency determinations and certifications 07 authorized by 16 U.S.C. 1456 (Sec. 307, Coastal Zone Management Act of 1972), and 08 each conclusive state consistency determination when a project requires a permit, 09 lease, or authorization from two or more state resource agencies. 10 * Sec. 7. AS 46.39.010(b) is amended to read: 11 (b) The council [DEPARTMENT] may adopt regulations necessary to 12 implement this chapter. 13 * Sec. 8. AS 46.39.030 is amended to read: 14 Sec. 46.39.030. Powers of the council [DEPARTMENT]. The council 15 [DEPARTMENT] may 16 (1) apply for and accept grants, contributions, and appropriations, 17 including application for and acceptance of federal funds that may become available 18 for coastal planning and management; 19 (2) contract for necessary services; 20 (3) consult and cooperate with 21 (A) persons, organizations, and groups, public or private, 22 interested in, affected by, or concerned with coastal area planning and 23 management; 24 (B) agents and officials of the coastal resource districts of the 25 state, and federal and state agencies concerned with or having jurisdiction over 26 coastal planning and management; 27 (4) take any reasonable action necessary to carry out the provisions of 28 this chapter or AS 46.40. 29 * Sec. 9. AS 46.39.040 is amended to read: 30 Sec. 46.39.040. Duties of the council [DEPARTMENT]. In conformity with 31 16 U.S.C. 1451 - 1464 (Coastal Zone Management Act of 1972), as amended, the
01 council [DEPARTMENT] shall 02 (1) develop statewide standards for the Alaska coastal management 03 program [,] and criteria for the preparation and approval of district coastal 04 management plans in accordance with AS 46.40; 05 (2) establish continuing coordination among state agencies to facilitate 06 the development and implementation of the Alaska coastal management program; in 07 carrying out its duties under this paragraph, the council [DEPARTMENT] shall 08 initiate an interagency program of comprehensive coastal resource planning for each 09 geographic region of the state; 10 (3) assure continued provision of data and information to coastal 11 resource districts to carry out their planning and management functions under the 12 program. 13 * Sec. 10. AS 46.39.900 is amended to read: 14 Sec. 46.39.900. Definitions [DEFINITION]. In this chapter, unless the 15 context requires otherwise, 16 (1) "council" means the Alaska Coastal Policy Council established 17 in AS 46.39.005; 18 (2) "department" means the Department of Natural Resources. 19 * Sec. 11. AS 46.40.010 is amended to read: 20 Sec. 46.40.010. Development of Alaska coastal management program. 21 (a) The Alaska Coastal Policy Council [DEPARTMENT] shall approve, in 22 accordance with this chapter, the Alaska coastal management program. 23 (b) The council [DEPARTMENT] may approve the Alaska coastal 24 management program for a portion or portions of the coastal area before approving the 25 complete program under (a) of this section. Portions of the program approved under 26 this subsection shall be incorporated into the Alaska coastal management program. 27 (c) The Alaska coastal management program shall be reviewed by the council 28 [DEPARTMENT] and, when appropriate, revised to 29 (1) add newly approved district coastal management plans [,] or 30 revisions and amendments to the Alaska coastal management program; 31 (2) integrate newly approved district coastal management plans [,] or
01 revisions and amendments of district coastal management plans [,] with existing 02 approved plans and with plans developed by state agencies; 03 (3) add new or revised state statutes, policies, regulations, or other 04 appropriate material; 05 (4) review the effectiveness of implementation of district coastal 06 management plans; and 07 (5) consider new information acquired by the state and coastal resource 08 districts. 09 (d) All reviews and revisions shall be in accordance with the statewide 10 standards and district plan criteria adopted under AS 46.40.040 or adopted by the 11 council. 12 * Sec. 12. AS 46.40.020 is amended to read: 13 Sec. 46.40.020. Objectives. The Alaska coastal management program shall be 14 consistent with the following objectives: 15 (1) the use, management, restoration, and enhancement of the overall 16 quality of the coastal environment; 17 (2) the development of industrial or commercial enterprises that are 18 consistent with the social, cultural, historic, economic, and environmental interests of 19 the people of the state; 20 (3) the orderly, balanced utilization and protection of the resources of 21 the coastal area consistent with sound conservation and sustained yield principles; 22 (4) the management of coastal land and water uses in such a manner 23 that, generally, those uses that [WHICH] are economically or physically dependent on 24 a coastal location are given higher priority when compared to uses that [WHICH] do 25 not economically or physically require a coastal location; 26 (5) the protection and management of significant historic, cultural, 27 natural, subsistence, and aesthetic values and natural systems or processes within the 28 coastal area; 29 (6) the prevention of damage to or degradation of land and water 30 reserved for their natural and subsistence values as a result of inconsistent land or 31 water usages adjacent to that land;
01 (7) the recognition of the need for a continuing supply of energy to 02 meet the requirements of the state and the contribution of a share of the state's 03 resources to meet national energy needs; and 04 (8) the full and fair evaluation of all demands on the land and water in 05 the coastal area. 06 * Sec. 13. AS 46.40.030(a) is amended to read: 07 (a) Coastal resource districts shall develop and adopt district coastal 08 management plans in accordance with the provisions of this chapter. The plan adopted 09 by a coastal resource district shall be based upon a municipality's existing 10 comprehensive plan or a new comprehensive resource use plan or comprehensive 11 statement of needs, policies, objectives, and standards governing the use of resources 12 within the coastal area of the district. The plan must meet the statewide standards and 13 district plan criteria adopted under AS 46.40.040 or adopted by the council and must 14 include 15 (1) a delineation within the district of the boundaries of the coastal area 16 subject to the district coastal management plan; 17 (2) a statement, list, or definition of the land and water uses and 18 activities subject to the district coastal management plan; 19 (3) a statement of policies to be applied to the land and water uses 20 subject to the district coastal management plan; 21 (4) a description of the uses and activities that will be considered 22 proper and the uses and activities that will be considered improper with respect to the 23 land and water within the coastal area; and 24 (5) a designation of, and the policies that will be applied to the use of, 25 areas within the coastal resource district that merit special attention. 26 * Sec. 14. AS 46.40.040(a) is amended to read: 27 (a) Except as provided in (b) of this section and AS 41.17, the council 28 [DEPARTMENT] shall 29 (1) by regulation, adopt, under the provisions of AS 44.62 30 (Administrative Procedure Act) for the use of and application by coastal resource 31 districts and state agencies for carrying out their responsibilities under this chapter,
01 statewide standards and district coastal management plan criteria for 02 (A) identifying the boundaries of the coastal area subject to the 03 Alaska coastal management program; 04 (B) determining the land and water uses and activities subject 05 to the Alaska coastal management program; 06 (C) developing policies applicable to the land and water uses 07 subject to the Alaska coastal management program; 08 (D) developing regulations applicable to the land and water 09 uses subject to the Alaska 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 Alaska 12 coastal management program shall be allowed; 13 (F) designating and developing policies for the use of areas of 14 the coast that merit special attention; and 15 (G) measuring the progress of a coastal resource district in 16 meeting its responsibilities under this chapter; 17 (2) after public hearing, 18 (A) develop and maintain a program of technical and financial 19 assistance to aid coastal resource districts in the development and 20 implementation of district coastal management plans; 21 (B) [(3)] undertake review and approval of district coastal 22 management plans in accordance with this chapter; 23 (C) [(4)] initiate a process for identifying and managing uses of 24 state concern within specific areas of the coast; 25 (D) [(5)] develop procedures or guidelines for consultation and 26 coordination with federal agencies managing land or conducting activities 27 potentially affecting the coastal area of the state; 28 (3) [(6)] by regulation, establish a consistency review and 29 determination or certification process that conforms to the requirements of 30 AS 46.40.096. 31 * Sec. 15. AS 46.40.040(b) is amended to read:
01 (b) AS 46.03, AS 46.04, AS 46.09, AS 46.14, and the regulations adopted 02 under those statutes constitute the exclusive enforceable policies of the Alaska coastal 03 management program for those purposes. [FOR THOSE PURPOSES ONLY, 04 (1) THE ISSUANCE OF PERMITS, CERTIFICATIONS, 05 APPROVALS, AND AUTHORIZATIONS BY THE DEPARTMENT OF 06 ENVIRONMENTAL CONSERVATION ESTABLISHES CONSISTENCY WITH 07 THE ALASKA COASTAL MANAGEMENT PROGRAM FOR THOSE 08 ACTIVITIES OF A PROPOSED PROJECT SUBJECT TO THOSE PERMITS, 09 CERTIFICATIONS, APPROVALS, AND AUTHORIZATIONS; 10 (2) FOR A CONSISTENCY REVIEW OF AN ACTIVITY THAT 11 DOES NOT REQUIRE A DEPARTMENT OF ENVIRONMENTAL 12 CONSERVATION PERMIT, CERTIFICATION, APPROVAL, OR 13 AUTHORIZATION BECAUSE THE ACTIVITY IS A FEDERAL ACTIVITY OR 14 THE ACTIVITY IS LOCATED ON FEDERAL LAND OR THE FEDERAL OUTER 15 CONTINENTAL SHELF, CONSISTENCY WITH AS 46.03, AS 46.04, AS 46.09, 16 AND AS 46.14 AND THE REGULATIONS ADOPTED UNDER THOSE 17 STATUTES SHALL BE ESTABLISHED ON THE BASIS OF WHETHER THE 18 DEPARTMENT OF ENVIRONMENTAL CONSERVATION FINDS THAT THE 19 ACTIVITY SATISFIES THE REQUIREMENTS OF THOSE STATUTES AND 20 REGULATIONS.] 21 * Sec. 16. AS 46.40.040 is amended by adding a new subsection to read: 22 (d) To the extent that AS 46.03, AS 46.04, AS 46.09, AS 46.14 and the 23 regulations adopted under those statutes do not address a potential effect on coastal 24 resources or uses, the coordinating agency shall review all project activities to ensure 25 that air or water discharges are consistent with statewide standards and the enforceable 26 policies of the coastal resource district. 27 * Sec. 17. AS 46.40.050 is amended to read: 28 Sec. 46.40.050. Submission of district plans by coastal resource districts. 29 (a) A coastal resource district must review and resubmit its coastal 30 management plan for reapproval every 10 years after its approval by the council 31 [DEPARTMENT] under AS 46.40.060.
01 (b) Within 30 months after certification of the organization of a new coastal 02 resource district, the coastal resource district shall complete and submit to the council 03 [DEPARTMENT] a proposed district coastal management plan. If, after receipt of a 04 written request for extension from the coastal resource district, the council 05 [DEPARTMENT] considers an extension proper, the council [DEPARTMENT] may 06 grant an extension to a date that is within 54 months after certification of the results of 07 the coastal resource district's organization. A request under this subsection must 08 include the reasons for the extension. 09 * Sec. 18. AS 46.40.060 is amended to read: 10 Sec. 46.40.060. Review and approval [BY THE DEPARTMENT]. (a) If, 11 upon submission of a district coastal management plan for approval, the council 12 [DEPARTMENT] finds that the plan meets the provisions of this chapter and the 13 statewide standards and district plan criteria adopted by the council [DEPARTMENT] 14 and does not arbitrarily or unreasonably restrict or exclude uses of state concern, the 15 council [DEPARTMENT] may approve the district coastal management plan, or may 16 approve portions of the district plan that meet those requirements. 17 (b) If the council [DEPARTMENT] finds that a district coastal management 18 plan is not approvable or is approvable only in part under (a) of this section, the 19 council [IT] shall direct that deficiencies in the plan submitted by the coastal resource 20 district be mediated. In mediating the deficiencies, the council [DEPARTMENT] may 21 call for one or more public hearings in the district. The council [DEPARTMENT] 22 shall meet with officials of the coastal resource district in order to resolve differences. 23 (c) If, after mediation, the differences have not been resolved and mutually 24 agreed to by the coastal resource district and the council, the council shall call for 25 a public hearing and shall resolve the differences in accordance with AS 44.62 26 (Administrative Procedure Act). After the public hearing, the council 27 [DEPARTMENT] shall enter findings and, by order, may require 28 (1) that the district coastal management plan be amended to satisfy the 29 provisions of this chapter or meet the statewide standards and district plan criteria 30 adopted by the council [DEPARTMENT]; 31 (2) that the district coastal management plan be revised to
01 accommodate a use of state concern; or 02 (3) any other action be taken by the coastal resource district as 03 appropriate. 04 (d) The superior courts of the state have jurisdiction to enforce orders of the 05 council [DEPARTMENT] entered under (c) of this section. 06 * Sec. 19. AS 46.40.070 is amended to read: 07 Sec. 46.40.070. Requirements for council [DEPARTMENT] review and 08 approval. (a) The council [DEPARTMENT] shall approve a district coastal 09 management plan submitted for review and approval if 10 (1) the district coastal management plan meets the requirements of this 11 chapter and the statewide standards and district plan criteria in regulations adopted by 12 the council [DEPARTMENT]; and 13 (2) the enforceable policies of the district coastal management plan 14 (A) are clear and concise as to the activities and persons 15 affected by the policies, and the requirements of the policies; 16 (B) use precise [, PRESCRIPTIVE,] and enforceable language 17 that is either prescriptive or performance-based; and 18 (C) do not address a matter regulated or authorized by state or 19 federal law unless the enforceable policies relate specifically to a matter of 20 local concern; for purposes of this subparagraph, "matter of local concern" 21 means a specific coastal use or resource within a defined portion of the 22 district's coastal zone, that is 23 (i) demonstrated as sensitive to development; 24 (ii) not adequately addressed by state or federal law 25 because the specific matter is not addressed in state or federal law; 26 and 27 (iii) of special [UNIQUE] concern to the coastal 28 resource district as demonstrated by local usage or scientific evidence. 29 (b) A decision by the council [DEPARTMENT] under this section shall be 30 given within 90 days after submission of the district coastal management plan to the 31 council [DEPARTMENT].
01 * Sec. 20. AS 46.40.070 is amended by adding a new subsection to read: 02 (c) A coastal resource district enforceable policy may address an effect on any 03 coastal use or resource and may not be required to be associated with a particular area 04 designation. 05 * Sec. 21. AS 46.40.094(d) is amended to read: 06 (d) In this section, "agency responsible for the consistency determination" 07 means the Alaska Coastal Policy Council [DEPARTMENT OF NATURAL 08 RESOURCES], for a consistency determination required to be made under 09 AS 46.39.010; and the commissioner of the resource agency that coordinates a 10 consistency review for a proposed use or activity, or for a proposed phase of a use or 11 activity, when required by this chapter for which a permit, lease, or authorization is 12 required to be approved or issued only by that resource agency. 13 * Sec. 22. AS 46.40.096(a) is amended to read: 14 (a) The council [DEPARTMENT] shall, by regulation, establish a consistency 15 review and determination process that conforms to the requirements of this section. 16 * Sec. 23. AS 46.40.096(b) is amended to read: 17 (b) If a consistency review is not subject to AS 46.39.010 because the project 18 for which a consistency review is made requires a permit, lease, or authorization from 19 only one state resource agency, that state resource agency shall coordinate the 20 consistency review of the project. The state resource agency shall coordinate the 21 consistency review according to the requirements of the regulations adopted by the 22 council [DEPARTMENT] under this section. 23 * Sec. 24. AS 46.40.096(c) is amended to read: 24 (c) The regulations adopted by the council [DEPARTMENT] under this 25 section must include provisions for public notice and provide the opportunity for 26 public comment. The regulations adopted under this subsection may make distinctions 27 relating to notice based upon differences in project type, anticipated effect of the 28 project on coastal resources and uses, other state or federal notice requirements, and 29 time constraints. However, a notice given under this subsection must contain sufficient 30 information, expressed in commonly understood terms, to inform the public of the 31 nature of the proposed project for which a consistency determination is sought, and
01 must explain how the public may comment on the proposed project. 02 * Sec. 25. AS 46.40.096(d) is amended to read: 03 (d) In preparing a consistency review and determination for a proposed 04 project, the reviewing entity shall 05 (1) request consistency review comments for the proposed project 06 from state resource agencies, affected coastal resource districts, and other interested 07 parties as determined by regulation adopted by the council [DEPARTMENT]; 08 (2) prepare proposed consistency determinations; 09 (3) coordinate subsequent reviews of proposed consistency 10 determinations prepared under (2) of this subsection; a subsequent review of a 11 proposed consistency determination under this paragraph 12 (A) is limited to a review by state resource agencies [THE 13 DEPARTMENT]; 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; and 18 (C) shall be completed by the council [DEPARTMENT] 19 within 45 days after the initial request for subsequent review under this 20 paragraph; 21 (4) render the final consistency determination and certification. 22 * Sec. 26. AS 46.40.096(g) is amended to read: 23 (g) The reviewing entity shall exclude from the consistency review and 24 determination process for a project 25 (1) an aspect of an activity that 26 [(A)] is authorized under a general or nationwide permit that 27 has previously been determined to be consistent with the Alaska coastal 28 management program; [OR 29 (B) IS SUBJECT TO AUTHORIZATION BY THE 30 DEPARTMENT OF ENVIRONMENTAL CONSERVATION UNDER THE 31 REQUIREMENTS DESCRIBED IN AS 46.40.040(b);]
01 (2) activities excluded from a consistency review under AS 41.17; and 02 (3) the issuance of an authorization or permit issued by the Alaska Oil 03 and Gas Conservation Commission. 04 * Sec. 27. AS 46.40.096(k) is amended to read: 05 (k) Except as provided in (g) of this section, AS 41.17, AS 46.40.040(b), and 06 AS 46.40.094, the scope of a consistency review of a project, once triggered under (j) 07 of this section, is limited to activities that are located within the areas described in (l) 08 of this section and that either are subject to a state resource agency permit, lease, 09 authorization, approval, or certification or are the subject of a coastal resource district 10 enforceable policy approved by the council [DEPARTMENT] under this chapter. The 11 scope of a consistency review subject to 16 U.S.C. 1456 is determined under 16 12 U.S.C. 1456 and 15 C.F.R. Part 930. 13 * Sec. 28. AS 46.40.096(l) is amended to read: 14 (l) The regulations adopted under (a) of this section apply, as authorized by 16 15 U.S.C. 1456(c), to 16 (1) activities within the coastal zone; and 17 (2) activities on federal land and water of [, INCLUDING] the federal 18 outer continental shelf, including seismic survey activity, that would affect any land 19 or water use or natural resource of the state's coastal zone; for purposes of this 20 paragraph, those activities consist of any activity on the federal outer continental shelf 21 and any activity on federal land that are within the geographic boundaries of the state's 22 coastal zone notwithstanding the exclusion of federal land in 16 U.S.C. 1453(1). 23 * Sec. 29. AS 46.40.096(m) is amended to read: 24 (m) As part of the regulations adopted under (a) of this section, the council 25 [DEPARTMENT] shall establish a list of permits, certifications, leases, approvals, and 26 authorizations issued by a state resource or federal agency that will trigger a 27 consistency review under (j) of this section. In addition, the council [DEPARTMENT] 28 shall establish in regulation categories and descriptions of uses and activities that, for 29 purposes of evaluating consistency with the Alaska coastal management program, are 30 determined to be categorically consistent or generally consistent after the inclusion of 31 standard alternative measures. These categories of uses and activities must be as broad
01 as possible so as to minimize the number of projects that must undergo an 02 individualized consistency review under this section. 03 * Sec. 30. AS 46.40.096(o) is amended to read: 04 (o) The time limitations in (n) of this section 05 (1) do not apply to a consistency review involving 06 (A) the disposal of an interest in state land or resources; 07 (B) an activity proposed by a federal agency; or 08 (C) an activity permitted by a federal agency; 09 (2) are suspended 10 (A) from the time a review schedule is modified in response 11 to [THE REVIEWING ENTITY DETERMINES THAT THE APPLICANT 12 HAS NOT ADEQUATELY RESPONDED IN WRITING WITHIN 14 DAYS 13 AFTER THE RECEIPT OF] a written request from the reviewing entity for 14 additional information, until the time the reviewing entity determines that the 15 applicant has provided an adequate written response; 16 (B) during a period of time requested by the applicant; 17 (C) during the period of time a consistency review is 18 undergoing a subsequent review under (d)(3) of this section. 19 * Sec. 31. AS 46.40.096(q)(2) is amended to read: 20 (2) "reviewing entity" means the 21 (A) Alaska Coastal Policy Council [DEPARTMENT OF 22 NATURAL RESOURCES], for a consistency review subject to AS 46.39.010; 23 (B) state agency identified in (b) of this section, for a 24 consistency review not subject to AS 46.39.010. 25 * Sec. 32. AS 46.40.100(b) is amended to read: 26 (b) A party that is authorized under (g) of this section may file a petition 27 showing that a district coastal management plan is not being implemented. A petition 28 filed under this subsection may not seek review of a proposed or final consistency 29 determination regarding a specific project. On receipt of a petition, the council 30 [DEPARTMENT], after giving public notice in the manner required by (f) of this 31 section, shall convene a hearing to consider the matter. A hearing called under this
01 subsection shall be held in accordance with regulations adopted under this chapter. 02 After hearing, the council [DEPARTMENT] may order that the coastal resource 03 district or a state resource agency take any action with respect to future 04 implementation of the district coastal management plan that the council 05 [DEPARTMENT] considers necessary, except that the council [DEPARTMENT] may 06 not order that the coastal resource district or a state agency take any action with 07 respect to a proposed or final consistency determination that has been issued. 08 * Sec. 33. AS 46.40.100(c) is amended to read: 09 (c) In determining whether an approved district coastal management plan is 10 being implemented by a coastal resource district that exercises zoning authority or 11 controls on the use of resources within the coastal area or by a state resource agency, 12 the council [DEPARTMENT] shall find in favor of the district or the state resource 13 agency, unless the council [DEPARTMENT] finds a pattern of nonimplementation. 14 * Sec. 34. AS 46.40.100(e) is amended to read: 15 (e) The superior courts of the state have jurisdiction to enforce lawful orders 16 of the council [DEPARTMENT] under this chapter. 17 * Sec. 35. AS 46.40.100(f) is amended to read: 18 (f) Upon receipt of a petition under (b) of this section, the council 19 [DEPARTMENT] shall give notice of the hearing at least 10 days before the 20 scheduled date of the hearing. The notice must 21 (1) contain sufficient information in commonly understood terms to 22 inform the public of the nature of the petition; and 23 (2) indicate the manner in which the public may comment on the 24 petition. 25 * Sec. 36. AS 46.40.100(h) is amended to read: 26 (h) If the council [DEPARTMENT] finds a pattern of nonimplementation 27 under (c) of this section, the council [DEPARTMENT] may order a coastal resource 28 district or a state resource agency to take action with respect to future implementation 29 of the district coastal management plan that the council [DEPARTMENT] department 30 considers necessary to implement the district coastal management plan. The council's 31 [DEPARTMENT'S] determination under (c) of this section and any order issued under
01 this subsection shall be considered a final administrative order for purposes of judicial 02 review under AS 44.62.560. 03 * Sec. 37. AS 46.40.210(1) is amended to read: 04 (1) "area that [WHICH] merits special attention" means a delineated 05 geographic area within the coastal area that [WHICH] is sensitive to change or 06 alteration and that [WHICH], because of plans or commitments or because a claim on 07 the resources within the area delineated would preclude subsequent use of the 08 resources to a conflicting or incompatible use, warrants special management attention, 09 or that [WHICH], because of its value to the general public, should be identified for 10 current or future planning, protection, or acquisition; these areas, subject to the 11 council's [DEPARTMENT'S] definition of criteria for their identification, include [:] 12 (A) areas of unique, scarce, fragile, or vulnerable natural 13 habitat, cultural value, historical significance, or scenic importance; 14 (B) areas of high natural productivity or essential habitat for 15 living resources; 16 (C) areas of substantial recreational value or opportunity; 17 (D) areas where development of facilities is dependent upon 18 the utilization of, or access to, coastal water; 19 (E) areas of unique geologic or topographic significance that 20 [WHICH] are susceptible to industrial or commercial development; 21 (F) areas of significant hazard due to storms, slides, floods, 22 erosion, or settlement; and 23 (G) areas needed to protect, maintain, or replenish coastal land 24 or resources, including coastal flood plains, aquifer recharge areas, beaches, 25 and offshore sand deposits; 26 * Sec. 38. AS 46.40.210(4) is amended to read: 27 (4) "coastal zone" means the coastal water including land within and 28 under that water, and adjacent shoreland, including the water within and under that 29 shoreland, within the boundaries approved by the former Alaska Coastal Policy 30 Council before May 22, 2003, and by the United States Secretary of Commerce under 31 16 U.S.C. 1451 - 1465 (Coastal Zone Management Act of 1972, as amended); "coastal
01 zone" includes areas added as a result of any boundary changes approved by the 02 council [DEPARTMENT] and by the United States Secretary of Commerce under 16 03 U.S.C. 1451 - 1465; "coastal zone" does not include 04 (A) those lands excluded under 16 U.S.C. 1453(1); or 05 (B) areas deleted as a result of any boundary changes by the 06 council [DEPARTMENT] in conformance with 16 U.S.C. 1451 - 1465; 07 * Sec. 39. AS 46.40.210(7) is amended to read: 08 (7) "district coastal management plan" means a plan developed by a 09 coastal resource district, including enforceable policies of that plan, setting out 10 policies and standards to guide public and private uses of land and water within that 11 district and approved by the council [DEPARTMENT] as meeting the requirements of 12 this chapter and the regulations adopted under this chapter; 13 * Sec. 40. AS 46.40.210(8) is amended to read: 14 (8) "enforceable policy" means a policy established by this chapter or 15 approved by the council [DEPARTMENT] as a legally binding policy of the Alaska 16 coastal management program applicable to public and private activities; 17 * Sec. 41. AS 46.40.210 is amended by adding a new paragraph to read: 18 (13) "council" has the meaning given in AS 46.39.900. 19 * Sec. 42. AS 46.40.040(c), 46.40.096(i), and 46.40.210(6) are repealed. 20 * Sec. 43. AS 46.39.005 and 46.39.900(1) are repealed. 21 * Sec. 44. Sections 2, 4, and 43 of this Act take effect on the effective date described in sec. 22 22, ch. 31, SLA 2005, as that date may be amended from time to time.