CSSB 4(FIN): "An Act relating to the Alaska coastal management program; establishing the Alaska Coastal Policy Board; and providing for an effective date by repealing the effective date for the repeal of certain provisions relating to the Alaska coastal management program."
00 CS FOR SENATE BILL NO. 4(FIN) 01 "An Act relating to the Alaska coastal management program; establishing the Alaska 02 Coastal Policy Board; and providing for an effective date by repealing the effective date 03 for the repeal of certain provisions relating to the Alaska coastal management 04 program." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 46.39 is amended by adding a new section to article 1 to read: 07 Sec. 46.39.005. Alaska Coastal Policy Board. (a) The Alaska Coastal Policy 08 Board is created in the Department of Natural Resources. The board consists of 09 (1) five public members appointed by the governor, including one at- 10 large member from any coastal district; one public member shall be appointed from 11 each of the following regions: 12 (A) northwest Alaska, including, generally, the area of the 13 North Slope Borough and the Northwest Arctic Borough; and the Bering Strait 14 area, including, generally, the area of the Bering Strait regional educational
01 attendance area; 02 (B) southwest Alaska, including, generally, the area within the 03 Lower Yukon, Lower Kuskokwim, and Southwest regional educational 04 attendance areas and the Lake and Peninsula and Bristol Bay Boroughs; and 05 the Kodiak-Aleutians area, including the Kodiak Island and area of the 06 Aleutians East Boroughs and the area of the Aleutian, Adak, and Pribilof 07 regional educational attendance areas; 08 (C) Upper Cook Inlet area, including the Municipality of 09 Anchorage and the Matanuska-Susitna Borough; the Lower Cook Inlet area, 10 including, generally, the Kenai Peninsula Borough; and the Prince William 11 Sound area, including, generally, the area east of the Kenai Peninsula Borough 12 to 141 West longitude; and 13 (D) Southeast Alaska, generally the area east of 141 West 14 longitude; 15 (2) each of the following: 16 (A) the commissioner of environmental conservation; 17 (B) the commissioner of fish and game; 18 (C) the commissioner of natural resources; and 19 (D) the commissioner of commerce, community, and economic 20 development. 21 (b) Each public member appointed by the governor under (a)(1) of this section 22 serves a term of two years and until a successor is appointed and qualified. A public 23 member may be reappointed. 24 (c) The board shall designate co-chairs, one of whom shall be selected from 25 among the public members appointed under (a)(1) of this section and one from among 26 the members designated in (a)(2) of this section. 27 (d) The governor shall appoint a permanent alternate for each member of the 28 board. If a member of the board is unable to attend, the member shall advise the 29 alternate, who may attend and act in the place of the member. The alternate for a 30 commissioner serving under (a)(2) of this section shall be a deputy commissioner or 31 the director of a division in the commissioner's department. The names of alternates
01 shall be filed with the board. 02 (e) Three public members and two designated members of the board constitute 03 a quorum, but the board may delegate to one or more of its members the power to hold 04 hearings. All decisions of the board shall be by a majority vote of the members present 05 and voting. 06 (f) Members of the board or their alternates are entitled to per diem and travel 07 expenses authorized by law for members of boards and commissions. 08 (g) Administrative support for the board shall be provided by the division in 09 the department responsible for coastal and ocean management. The director of the 10 division in the department responsible for coastal and ocean management, under 11 direction of the co-chair designated by the board from the individuals listed in (a)(2) 12 of this section, may contract with or employ persons as necessary to assist the board in 13 carrying out the board's duties and responsibilities. 14 * Sec. 2. AS 46.39.010(a) is amended to read: 15 (a) The Department of Natural Resources shall render, on behalf of the state, 16 all federal consistency determinations and certifications authorized by 16 U.S.C. 1456 17 (Sec. 307, Coastal Zone Management Act of 1972), and each conclusive state 18 consistency determination when a project requires a permit, lease, or authorization 19 from the department or from two or more state resource agencies. 20 * Sec. 3. AS 46.39.010(b) is amended to read: 21 (b) The department may adopt regulations approved by the board necessary 22 to implement this chapter. 23 * Sec. 4. AS 46.39.030 is amended to read: 24 Sec. 46.39.030. Powers of the department and board. (a) The department 25 may 26 (1) with the approval of the board, apply for and accept grants, 27 contributions, and appropriations, including application for and acceptance of federal 28 funds that may become available for coastal planning and management; 29 (2) contract for necessary services. [;] 30 (b) The board may 31 (1) [(3)] consult and cooperate with
01 (A) persons, organizations, and groups, public or private, 02 interested in, affected by, or concerned with coastal area planning and 03 management; 04 (B) agents and officials of the coastal resource districts of the 05 state, and with [FEDERAL AND] state agencies concerned with or having 06 jurisdiction over coastal planning and management; 07 (2) [(4)] take any reasonable action necessary to carry out the 08 provisions of this chapter or AS 46.40. 09 * Sec. 5. AS 46.39.040 is amended to read: 10 Sec. 46.39.040. Duties of the board [DEPARTMENT]. In conformity with 11 16 U.S.C. 1451 - 1464 (Coastal Zone Management Act of 1972), as amended, the 12 board [DEPARTMENT] shall 13 (1) approve [DEVELOP] statewide standards for the Alaska coastal 14 management program [,] and criteria for the preparation and approval of district 15 coastal management plans developed by the department in accordance with 16 AS 46.40; 17 (2) establish continuing coordination among state agencies to facilitate 18 the development and implementation of the Alaska coastal management program; in 19 carrying out its duties under this paragraph, the department shall initiate an 20 interagency program of comprehensive coastal resource planning for each geographic 21 region of the state; 22 (3) ensure [ASSURE] continued provision of data and information to 23 coastal resource districts to carry out their planning and management functions under 24 the program. 25 * Sec. 6. AS 46.39.900 is amended to read: 26 Sec. 46.39.900. Definitions [DEFINITION]. In this chapter, unless the 27 context requires otherwise, 28 (1) "board" means the Alaska Coastal Policy Board established in 29 AS 46.39.005; 30 (2) "department" means the Department of Natural Resources. 31 * Sec. 7. AS 46.40.010 is amended to read:
01 Sec. 46.40.010. Development of Alaska coastal management program. (a) 02 The Alaska Coastal Policy Board [DEPARTMENT] shall approve, in accordance 03 with this chapter, program changes to the Alaska coastal management program. 04 (b) The board [DEPARTMENT] may approve the Alaska coastal 05 management program for a portion or portions of the coastal area before approving the 06 [COMPLETE] program changes under (a) of this section. Portions of the program 07 approved under this subsection shall be incorporated into the Alaska coastal 08 management program. 09 (c) The Alaska coastal management program shall be reviewed by the board 10 [DEPARTMENT] and, when appropriate, revised to 11 (1) add newly approved district coastal management plans [,] or 12 revisions and amendments to the Alaska coastal management program; 13 (2) integrate newly approved district coastal management plans [,] or 14 revisions and amendments of district coastal management plans [,] with existing 15 approved plans and with plans developed by state agencies; 16 (3) add new or revised state statutes, policies, regulations, or other 17 appropriate material; 18 (4) evaluate [REVIEW] the effectiveness [OF IMPLEMENTATION] 19 of district coastal management plans; and 20 (5) consider new information acquired by the state and coastal resource 21 districts. 22 (d) All reviews and revisions shall be in accordance with the statewide 23 standards and district plan criteria adopted under AS 46.40.040. 24 * Sec. 8. AS 46.40.020 is amended to read: 25 Sec. 46.40.020. Objectives. The Alaska coastal management program shall be 26 consistent with the following objectives: 27 (1) the use, management, restoration, and enhancement of the overall 28 quality of the coastal environment; 29 (2) the development of industrial or commercial enterprises that are 30 consistent with the social, cultural, historic, economic, and environmental interests of 31 the people of the state;
01 (3) the orderly, balanced utilization and protection of the resources of 02 the coastal area consistent with sound conservation and sustained yield principles; 03 (4) the management of coastal land and water uses in such a manner 04 that, generally, those uses that [WHICH] are economically or physically dependent on 05 a coastal location are given higher priority when compared to uses that [WHICH] do 06 not economically or physically require a coastal location; 07 (5) the protection and management of significant historic, cultural, 08 natural, subsistence, and aesthetic values and natural systems or processes within the 09 coastal area; 10 (6) the prevention of damage to or degradation of land and water 11 reserved for their natural and subsistence values as a result of inconsistent land or 12 water usages adjacent to that land; 13 (7) the recognition of the need for a continuing supply of energy to 14 meet the requirements of the state and the contribution of a share of the state's 15 resources to meet national energy needs; and 16 (8) the full and fair evaluation of all demands on the land and water in 17 the coastal area. 18 * Sec. 9. AS 46.40.030 is amended to read: 19 Sec. 46.40.030. Development of district coastal management plans. (a) 20 Coastal resource districts shall develop and adopt district coastal management plans in 21 accordance with the provisions of this chapter. The plan adopted by a coastal resource 22 district shall be based on [UPON] a municipality's existing comprehensive plan or a 23 new comprehensive resource use plan or comprehensive statement of needs, policies, 24 objectives, and standards governing the use of resources within the coastal area of the 25 district. The plan must meet the [STATEWIDE STANDARDS AND] district plan 26 criteria adopted under AS 46.40.040 and must include 27 (1) a delineation within the district of the boundaries of the coastal area 28 subject to the district coastal management plan; 29 (2) a statement, list, or definition of the land and water uses and 30 activities subject to the district coastal management plan; 31 (3) a statement of policies to be applied to all [THE] land and water
01 uses subject to the district coastal management plan as well as policies that apply 02 only to an area that merits special attention; and 03 (4) [A DESCRIPTION OF THE USES AND ACTIVITIES THAT 04 WILL BE CONSIDERED PROPER AND THE USES AND ACTIVITIES THAT 05 WILL BE CONSIDERED IMPROPER WITH RESPECT TO THE LAND AND 06 WATER WITHIN THE COASTAL AREA; AND 07 (5)] a designation of an area that merits special attention under [, 08 AND THE POLICIES THAT WILL BE APPLIED TO THE USE OF AREAS 09 WITHIN] the district coastal management plan and enforceable policies that must 10 be applicable within an area that merits special attention [RESOURCE DISTRICT 11 THAT MERIT SPECIAL ATTENTION]. 12 (b) In developing enforceable policies in its coastal management plan under 13 (a) of this section, a coastal resource district shall ensure that the enforceable 14 policies are 15 (1) clear and concise as to the activities and persons affected by the 16 policies and the requirements of the policies 17 (2) necessary given local conditions; and 18 (3) supported by evidence, including scientific or local knowledge, 19 if the policies are more specific than state or federal statutes or regulations 20 [MEET THE REQUIREMENTS OF AS 46.40.070 AND MAY NOT DUPLICATE, 21 RESTATE, OR INCORPORATE BY REFERENCE STATUTES AND 22 ADMINISTRATIVE REGULATIONS ADOPTED BY STATE OR FEDERAL 23 AGENCIES]. 24 * Sec. 10. AS 46.40.040(a) is amended to read: 25 (a) Except as provided in [(b) OF THIS SECTION AND] AS 41.17, the 26 department shall, by regulations approved by the board, 27 (1) [BY REGULATION,] adopt under the provisions of AS 44.62 28 (Administrative Procedure Act) for the use of and application by coastal resource 29 districts and state agencies for carrying out their responsibilities under this chapter, 30 statewide standards and district coastal management plan criteria for 31 (A) identifying the boundaries of the coastal area subject to the
01 Alaska coastal management program; 02 (B) determining the land and water uses and activities subject 03 to the Alaska coastal management program; 04 (C) developing policies applicable to the land and water uses 05 subject to the Alaska coastal management program; 06 (D) developing regulations applicable to the land and water 07 uses subject to the Alaska coastal management program; 08 (E) developing policies and procedures to determine whether 09 specific proposals for the land and water uses or activities subject to the Alaska 10 coastal management program shall be allowed; 11 (F) designating and developing policies for areas that merit 12 special attention [THE USE OF AREAS OF THE COAST THAT MERIT 13 SPECIAL ATTENTION]; and 14 (G) measuring the progress of a coastal resource district in 15 meeting its responsibilities under this chapter; 16 [(2) DEVELOP AND MAINTAIN A PROGRAM OF TECHNICAL 17 AND FINANCIAL ASSISTANCE TO AID COASTAL RESOURCE DISTRICTS IN 18 THE DEVELOPMENT AND IMPLEMENTATION OF DISTRICT COASTAL 19 MANAGEMENT PLANS; 20 (3) UNDERTAKE REVIEW AND APPROVAL OF DISTRICT 21 COASTAL MANAGEMENT PLANS IN ACCORDANCE WITH THIS CHAPTER; 22 (4) INITIATE A PROCESS FOR IDENTIFYING AND MANAGING 23 USES OF STATE CONCERN WITHIN SPECIFIC AREAS OF THE COAST; 24 (5) DEVELOP PROCEDURES OR GUIDELINES FOR 25 CONSULTATION AND COORDINATION WITH FEDERAL AGENCIES 26 MANAGING LAND OR CONDUCTING ACTIVITIES POTENTIALLY 27 AFFECTING THE COASTAL AREA OF THE STATE; 28 (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. 11. AS 46.40.040 is amended by adding new subsections to read:
01 (d) Except as provided in AS 41.17, the board shall 02 (1) develop and maintain a program of technical and financial 03 assistance to aid coastal resource districts in the development and implementation of 04 district coastal management plans; 05 (2) undertake review of and, after public hearing, approve district 06 coastal management plans in accordance with this chapter; 07 (3) initiate a process for identifying and managing uses of state 08 concern within specific areas of the coast; 09 (4) develop procedures or guidelines for consultation and coordination 10 with federal agencies managing land or conducting activities potentially affecting the 11 coastal area of the state. 12 (e) Regulations adopted by the department under this section for district plan 13 criteria may not require designation of areas as a precondition for the establishment of 14 a coastal resource district enforceable policy. 15 * Sec. 12. AS 46.40.050(b) is amended to read: 16 (b) Within 30 months after certification of the organization of a new coastal 17 resource district, the coastal resource district shall complete and submit to the board 18 [DEPARTMENT] a proposed district coastal management plan. If, after receipt of a 19 written request for extension from the coastal resource district, the board 20 [DEPARTMENT] considers an extension proper, the board [DEPARTMENT] may 21 grant an extension to a date that is within 54 months after certification of the results of 22 the coastal resource district's organization. A request under this subsection must 23 include the reasons for the extension. 24 * Sec. 13. AS 46.40.060 is repealed and reenacted to read: 25 Sec. 46.40.060. Review and approval. (a) A coastal resource district shall 26 submit its district coastal management plan for review by the department. The division 27 in the department responsible for coastal and ocean management shall attempt to reach 28 a consensus with a coastal resource district concerning any changes required to 29 comply with the district plan criteria approved by the department and the board. 30 (b) If a consensus between the division and the coastal resource district is 31 reached, the division shall forward a recommendation to the commissioner, and the
01 commissioner shall submit the recommendation to the board. 02 (c) If a consensus between the division and the coastal resource district is not 03 reached, the division shall forward a recommendation to the commissioner with an 04 explanation of the reasons for its recommendation and, if applicable, offer 05 recommended changes to the district coastal management plan that would meet the 06 district plan criteria. The coastal resource district may request that the commissioner 07 reconsider the division's recommendation before the commissioner submits the 08 recommendation to the board. 09 (d) If, after receiving the commissioner's recommendation, the board finds that 10 the district coastal management plan meets the provisions of this chapter and the 11 district plan criteria adopted by the department, the board may approve the district 12 coastal management plan or may approve portions of the district coastal management 13 plan that meet those requirements. 14 (e) If the board finds that a district coastal management plan is not approvable 15 or is approvable only in part under (d) of this section, the board shall direct the 16 department to meet with officials of the coastal resource district to resolve differences. 17 If requested by a coastal resource district, the board shall direct that deficiencies in the 18 district coastal management plan submitted by the coastal resource district be resolved 19 through mediation conducted by a neutral third party. During mediation, the board 20 may call for one or more public hearings in the district. 21 (f) If, after mediation, the differences have not been resolved and mutually 22 agreed to by the coastal resource district and the board, the board shall enter findings 23 and, by order, may require 24 (1) that the district coastal management plan be amended to satisfy the 25 provisions of this chapter or meet the statewide standards and district plan criteria 26 approved by the board; 27 (2) that the district coastal management plan be revised to 28 accommodate a use of state concern; or 29 (3) any other action be taken by the coastal resource district, as 30 appropriate. 31 (g) An order of the board entered under (f) of this section is a final
01 administrative order that the coastal resource district may appeal to the superior court 02 under AS 44.62 (Administrative Procedure Act). The attorney general, at the request 03 of the board, may file an action in superior court to enforce an order issued under (f) 04 of this section. 05 * Sec. 14. AS 46.40.070 is repealed and reenacted to read: 06 Sec. 46.40.070. Requirements for board review and approval. (a) The board 07 shall approve a district coastal management plan submitted for review and approval if 08 the 09 (1) district coastal management plan meets the requirements of this 10 chapter and the district plan criteria adopted by the department; and 11 (2) enforceable policies of the district coastal management plan 12 (A) do not duplicate, restate, or incorporate by reference state 13 or federal statutes or regulations; 14 (B) are not preempted by federal or state law; and 15 (C) do not arbitrarily or unreasonably restrict a use of state 16 concern. 17 (b) In (a)(2)(B) of this section, an enforceable policy of the district coastal 18 management plan is preempted by 19 (1) federal statutes or regulations when the United States Congress 20 expressly declares that local law or regulation is preempted if the United States 21 Congress demonstrates the intent to occupy the field exclusively or if there is an actual 22 conflict between federal and local law or regulation; 23 (2) state law if it is prohibited by express legislative direction or direct 24 conflict with a state statute or regulation, or where a local law or regulation 25 substantially interferes with the effective functioning of a state statute or regulation or 26 the underlying purposes of a state statute or regulation. 27 * Sec. 15. AS 46.40.096(a) is amended to read: 28 (a) The department shall, by regulation approved by the board, establish a 29 consistency review and determination process that conforms to the requirements of 30 this section. 31 * Sec. 16. AS 46.40.096(d) is amended to read:
01 (d) In preparing a consistency review and determination for a proposed 02 project, the reviewing entity shall 03 (1) request consistency review comments for the proposed project 04 from state resource agencies, affected coastal resource districts, and other interested 05 parties as determined by regulation adopted by the department; 06 (2) prepare proposed consistency determinations; 07 (3) coordinate elevations [SUBSEQUENT REVIEWS] of proposed 08 consistency determinations prepared under (2) of this subsection; an elevation [A 09 SUBSEQUENT REVIEW] of a proposed consistency determination under this 10 paragraph 11 (A) is limited to a review by state resource agencies [THE 12 DEPARTMENT]; 13 (B) may occur only if requested by 14 (i) the project applicant; 15 (ii) a state resource agency; or 16 (iii) an affected coastal resource district; and 17 (C) shall be completed by the resource agencies 18 [DEPARTMENT] within 45 days after the initial request for subsequent 19 review under this paragraph; 20 (4) render the final consistency determination and certification. 21 * Sec. 17. AS 46.40.096(g) is amended to read: 22 (g) The reviewing entity shall exclude from the consistency review and 23 determination process for a project 24 (1) an aspect of an activity that 25 [(A)] is specifically authorized under a general or nationwide 26 permit that has previously been determined to be consistent with the Alaska 27 coastal management program; [OR 28 (B) IS SUBJECT TO AUTHORIZATION BY THE 29 DEPARTMENT OF ENVIRONMENTAL CONSERVATION UNDER THE 30 REQUIREMENTS DESCRIBED IN AS 46.40.040(b);] 31 (2) activities excluded from a consistency review under AS 41.17; and
01 (3) the issuance of an authorization or permit issued by the Alaska Oil 02 and Gas Conservation Commission. 03 * Sec. 18. AS 46.40.096(k) is amended to read: 04 (k) Except as provided in (g) of this section, AS 41.17, [AS 46.40.040(b),] and 05 AS 46.40.094, the scope of a consistency review of a project, once triggered under (j) 06 of this section, is limited to activities that are located within the areas described in (l) 07 of this section and that either are subject to a state resource agency permit, lease, 08 authorization, approval, or certification or are the subject of a coastal resource district 09 enforceable policy approved by the board [DEPARTMENT] under this chapter. The 10 scope of a consistency review subject to 16 U.S.C. 1456 is determined under 16 11 U.S.C. 1456 and 15 C.F.R. Part 930. 12 * Sec. 19. AS 46.40.096(l) is amended to read: 13 (l) The regulations adopted under (a) of this section apply, as authorized by 16 14 U.S.C. 1456(c), to 15 (1) activities within the coastal zone; and 16 (2) activities on federal land, including the federal outer continental 17 shelf, that would affect any land or water use or natural resource of the state's coastal 18 zone; for purposes of this paragraph, those activities consist of any activity on the 19 federal outer continental shelf, including seismic survey activity, and any activity on 20 federal land that are within the geographic boundaries of the state's coastal zone 21 notwithstanding the exclusion of federal land in 16 U.S.C. 1453(1). 22 * Sec. 20. AS 46.40.096(m) is amended to read: 23 (m) As part of the regulations adopted under (a) of this section, the department 24 shall establish a list of permits, certifications, leases, approvals, and authorizations 25 issued by a state resource or federal agency that will trigger a consistency review 26 under (j) of this section. In addition, the department shall establish in regulation 27 categories and descriptions of uses and activities that, for purposes of evaluating 28 consistency with the Alaska coastal management program, are determined to be 29 categorically consistent or generally consistent after the inclusion of standard 30 alternative measures. These categories of uses and activities must be as broad as 31 possible so as to minimize the number of routine projects that must undergo an
01 individualized consistency review under this section. 02 * Sec. 21. AS 46.40.096(o) is amended to read: 03 (o) The time limitations in (n) of this section 04 (1) do not apply to a consistency review involving 05 (A) the disposal of an interest in state land or resources; 06 (B) an activity proposed by a federal agency; or 07 (C) an activity permitted by a federal agency; 08 (2) are suspended 09 (A) from the time a review schedule is modified in response 10 to [THE REVIEWING ENTITY DETERMINES THAT THE APPLICANT 11 HAS NOT ADEQUATELY RESPONDED IN WRITING WITHIN 14 DAYS 12 AFTER THE RECEIPT OF] a written request from the reviewing entity for 13 additional information, until the time the reviewing entity determines that the 14 applicant has provided an adequate written response; 15 (B) during a period of time requested by the applicant; 16 (C) during the period of time a consistency review is 17 undergoing a subsequent review under (d)(3) of this section; 18 (D) for 30 days if requested by an affected coastal resource 19 district exercising authority under AS 29 to accommodate the 20 adjudication process of an authorization issued by a coastal resource 21 district pending the results of the adjudication. 22 * Sec. 22. AS 46.40.096(q)(1) is amended to read: 23 (1) "affected coastal resource district" means a coastal resource district 24 with a publicly reviewed draft or approved plan in which a project is proposed to 25 be located or that [WHICH] may experience a direct and significant impact from a 26 proposed project; 27 * Sec. 23. AS 46.40.096 is amended by adding new subsections to read: 28 (r) Notwithstanding any provision of this section, for federal agency activities 29 defined in 15 C.F.R. 930.31, including Outer Continental Shelf lease sales and 30 development projects, the department shall conduct a full consistency review and 31 provide its consistency response with respect to proposed uses or activities involved in
01 the project regardless of whether an earlier consistency review for a similar project has 02 been completed. 03 (s) Regulations adopted by the department under this section may not require 04 that a draft permit be prepared before the initiation of the consistency review. 05 * Sec. 24. AS 46.40.100(b) is amended to read: 06 (b) A party that is authorized under (g) of this section may file a petition 07 showing that a district coastal management plan is not being implemented. A petition 08 filed under this subsection may not seek review of a proposed or final consistency 09 determination regarding a specific project. On receipt of a petition, the board 10 [DEPARTMENT], after giving public notice in the manner required by (f) of this 11 section, shall convene a hearing to consider the matter. A hearing called under this 12 subsection shall be held in accordance with regulations adopted under this chapter. 13 After the hearing, the board [DEPARTMENT] may order that the coastal resource 14 district or a state resource agency take any action with respect to future 15 implementation of the district coastal management plan that the board 16 [DEPARTMENT] considers necessary, except that the board [DEPARTMENT] may 17 not order that the coastal resource district or a state agency take any action with 18 respect to a proposed or final consistency determination that has been issued. 19 * Sec. 25. AS 46.40.100(c) is amended to read: 20 (c) In determining whether an approved district coastal management plan is 21 being implemented by a coastal resource district that exercises zoning authority or 22 controls on the use of resources within the coastal area or by a state resource agency, 23 the board [DEPARTMENT] shall find in favor of the district or the state resource 24 agency, unless the board [DEPARTMENT] finds a pattern of nonimplementation. 25 * Sec. 26. AS 46.40.100(e) is amended to read: 26 (e) The superior courts of the state have jurisdiction to enforce lawful orders 27 of the board and the department under this chapter. 28 * Sec. 27. AS 46.40.100(f) is amended to read: 29 (f) Upon receipt of a petition under (b) of this section, the board 30 [DEPARTMENT] shall give notice of the hearing at least 10 days before the 31 scheduled date of the hearing. The notice must
01 (1) contain sufficient information in commonly understood terms to 02 inform the public of the nature of the petition; and 03 (2) indicate the manner in which the public may comment on the 04 petition. 05 * Sec. 28. AS 46.40.100(h) is amended to read: 06 (h) If the board [DEPARTMENT] finds a pattern of nonimplementation 07 under (c) of this section, the board [DEPARTMENT] may order a coastal resource 08 district or a state resource agency to take action with respect to future implementation 09 of the district coastal management plan that the board [DEPARTMENT] considers 10 necessary to implement the district coastal management plan. The board's 11 [DEPARTMENT'S] determination under (c) of this section and any order issued under 12 this subsection shall be considered a final administrative order for purposes of judicial 13 review under AS 44.62.560. 14 * Sec. 29. AS 46.40.180(b) is amended to read: 15 (b) If a city or village within a coastal resource service area fails to approve a 16 portion of the district coastal management plan prepared and submitted for approval 17 under (a) of this section, the governing body shall advise the coastal resource service 18 area board of its objections to the proposed plan and suggest alternative elements or 19 components for inclusion in the district coastal management plan. New matter 20 submitted by a city or village that meets the [STATEWIDE STANDARDS AND] 21 district plan criteria adopted under this chapter may [SHALL] be accepted by the 22 district and the district coastal management plan modified accordingly. If a city or 23 village fails to provide objections and suggested alternatives within the time limits 24 established in this section, the coastal resource service area board may adopt the 25 district coastal management plan as initially offered. 26 * Sec. 30. AS 46.40.190(b) is amended to read: 27 (b) This chapter does not restrict or prohibit cooperative or joint 28 administration of functions between a municipality and a coastal resource service area 29 organized under the provisions of this chapter upon initiation of a mutual agreement 30 for the purpose. [A CITY THAT ELECTS TO BE EXCLUDED FROM AN 31 ADJACENT COASTAL RESOURCE SERVICE AREA UNDER (a) OF THIS
01 SECTION SHALL ENTER INTO A MUTUAL AGREEMENT FOR 02 COOPERATIVE OR JOINT ADMINISTRATION OF FUNCTIONS WITH THE 03 COASTAL RESOURCE SERVICE AREA BOARD FROM THE ADJACENT 04 COASTAL RESOURCE SERVICE AREA.] 05 * Sec. 31. AS 46.40.210(2) is amended to read: 06 (2) "coastal resource district" means each of the following that 07 contains a portion of the coastal area of the state: 08 (A) unified municipalities; 09 (B) organized boroughs of any class that exercise planning and 10 zoning authority; 11 (C) home rule and first class cities of the unorganized borough 12 [OR WITHIN BOROUGHS THAT DO NOT EXERCISE PLANNING AND 13 ZONING AUTHORITY]; 14 (D) second class cities of the unorganized borough [, OR 15 WITHIN BOROUGHS THAT DO NOT EXERCISE PLANNING AND 16 ZONING AUTHORITY,] that have established a planning commission, and 17 that, in the opinion of the commissioner of commerce, community, and 18 economic development, have the capability of preparing and implementing a 19 comprehensive district coastal management plan under AS 46.40.030; 20 (E) coastal resource service areas established and organized 21 under AS 29.03.020 and AS 46.40.110 - 46.40.180; 22 * Sec. 32. AS 46.40.210(4) is amended to read: 23 (4) "coastal zone" means the coastal water including land within and 24 under that water, and adjacent shoreland, including the water within and under that 25 shoreland, within the boundaries approved by the former Alaska Coastal Policy 26 Council and by the United States Secretary of Commerce under 16 U.S.C. 1451 - 1465 27 (Coastal Zone Management Act of 1972, as amended); "coastal zone" includes areas 28 added as a result of any boundary changes approved by the board [DEPARTMENT] 29 and by the United States Secretary of Commerce under 16 U.S.C. 1451 - 1465; 30 "coastal zone" does not include 31 (A) those lands excluded under 16 U.S.C. 1453(1); or
01 (B) areas deleted as a result of any boundary changes by the 02 board [DEPARTMENT] in conformance with 16 U.S.C. 1451 - 1465; 03 * Sec. 33. AS 46.40.210(7) is amended to read: 04 (7) "district coastal management plan" means a plan developed by a 05 coastal resource district, including enforceable policies of that plan, setting out 06 policies and standards to guide public and private uses of land and water within that 07 district and approved by the board [DEPARTMENT] as meeting the requirements of 08 this chapter and the regulations adopted under this chapter; 09 * Sec. 34. AS 46.40.210(8) is amended to read: 10 (8) "enforceable policy" means a policy established by this chapter or 11 approved by the board [DEPARTMENT] as a legally binding policy of the Alaska 12 coastal management program applicable to public and private activities; 13 * Sec. 35. AS 46.40.210(9) is amended to read: 14 (9) "project" means all activities that will be part of a proposed 15 development and includes all federal agency activities as defined in 15 C.F.R. 16 930.31, including lease sales and development projects affecting a coastal use or 17 resource, and proposed rules that alter uses of the coastal zone; 18 * Sec. 36. AS 46.40.210 is amended by adding a new paragraph to read: 19 (13) "board" has the meaning given in AS 46.39.900. 20 * Sec. 37. AS 46.40.040(b), 46.40.040(c), 46.40.050(a), 46.40.096(i), and 46.40.205 are 21 repealed. 22 * Sec. 38. Sections 1 - 13 and 18, ch. 31, SLA 2005, are repealed. 23 * Sec. 39. Section 22, ch. 31, SLA 2005, is repealed.