CSHB 106(FIN): "An Act extending the termination date of the Alaska coastal management program and relating to the extension; relating to the review of activities and regulations of the Alaska coastal management program; establishing the Alaska Coastal Policy Board; relating to the development, review, and approval of district coastal management plans; relating to the duties of the Department of Natural Resources relating to the Alaska coastal management program; relating to the review of certain consistency determinations; providing for an effective date by amending the effective date of secs. 1 - 13 and 18, ch. 31, SLA 2005; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 106(FIN) 01 "An Act extending the termination date of the Alaska coastal management program and 02 relating to the extension; relating to the review of activities and regulations of the Alaska 03 coastal management program; establishing the Alaska Coastal Policy Board; relating to 04 the development, review, and approval of district coastal management plans; relating to 05 the duties of the Department of Natural Resources relating to the Alaska coastal 06 management program; relating to the review of certain consistency determinations; 07 providing for an effective date by amending the effective date of secs. 1 - 13 and 18, ch. 08 31, SLA 2005; and providing for an effective date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. AS 44.37.020 is amended by adding a new subsection to read: 11 (c) In administering the Alaska coastal management program under AS 46.39 12 and AS 46.40, the Department of Natural Resources may consider how subsistence
01 uses may be affected. 02 * Sec. 2. AS 44.66.020(a) is amended to read: 03 (a) Agency programs and activities listed in this subsection that are 04 specifically designated as provided in AS 44.66.030 are subject to termination during 05 the regular legislative session convening in the month and year set out after each: 06 (1) programs in the budget categories of general government, public 07 protection, and administration of justice - January, 1980; 08 (2) programs in the budget categories of education and the University 09 of Alaska - January, 1981; 10 (3) programs in the budget categories of health and social services - 11 January, 1982; 12 (4) programs in the budget categories of natural resources 13 management, development, and transportation - January, 1983; 14 (5) the Alaska coastal management program (AS 46.40) - January, 15 2017 [2011]. 16 * Sec. 3. AS 46.39 is amended by adding a new section to article 1 to read: 17 Sec. 46.39.005. Alaska Coastal Policy Board. (a) The Alaska Coastal Policy 18 Board is created in the Department of Natural Resources. The board consists of the 19 following: 20 (1) five public members appointed by the governor; the public 21 members shall include 22 (A) one at-large member and an alternate member from any 23 coastal resource district who is a representative of 24 (i) a Native regional corporation established under 43 25 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act); 26 (ii) a mining organization; 27 (iii) an oil and gas organization; or 28 (iv) any other resource development or extraction 29 industry; 30 (B) four members from a list composed of at least three names 31 from each region, and four alternate members from a list composed of at least
01 three names from each region, nominated and submitted by the coastal 02 resource districts of each region; the governor may reject a list submitted under 03 this subparagraph and request that subsequent lists with different names be 04 submitted; one public member shall be appointed from each of the following 05 regions: 06 (i) northwest Alaska, including, generally, the area of 07 the North Slope Borough and the Northwest Arctic Borough; and the 08 Bering Strait area, including, generally, the area of the Bering Strait 09 regional educational attendance area; 10 (ii) southwest Alaska, including, generally, the area 11 within the Lower Yukon, Lower Kuskokwim, and Southwest regional 12 educational attendance areas and the Lake and Peninsula and Bristol 13 Bay Boroughs; and the Kodiak-Aleutians area, including the Kodiak 14 Island and area of the Aleutians East Boroughs and the area of the 15 Aleutian, Adak, and Pribilof regional educational attendance areas; 16 (iii) Upper Cook Inlet area, including the Municipality 17 of Anchorage and the Matanuska-Susitna Borough; the Lower Cook 18 Inlet area, including, generally, the Kenai Peninsula Borough; and the 19 Prince William Sound area, including, generally, the area east of the 20 Kenai Peninsula Borough to 141 West longitude; and 21 (iv) Southeast Alaska, generally the area east of 141 22 West longitude; 23 (2) each of the following designated members: 24 (A) the commissioner of environmental conservation; 25 (B) the commissioner of fish and game; 26 (C) a deputy commissioner of natural resources; 27 (D) the commissioner of transportation and public facilities. 28 (b) Public members serve staggered terms of three years. Each member serves 29 until a successor is appointed and qualified. A public member may be reappointed. A 30 public member may be removed at the pleasure of the governor, in which event the 31 alternate member shall serve the remainder of the term and a new alternate shall be
01 appointed under (a)(1) of this section. 02 (c) The board shall designate co-chairs, one of whom shall be selected from 03 among the public members appointed under (a)(1) of this section and one from among 04 the members designated in (a)(2) of this section. 05 (d) If a member serving under (a)(1) of this section is unable to attend, the 06 alternate may attend. The names of alternates serving under (a)(1) of this section shall 07 be filed with the board. 08 (e) If a member serving under (a)(2) of this section is unable to attend, a 09 deputy commissioner in the same department may attend and act in place of the 10 member. The names of alternates serving under (a)(2) of this section shall be filed 11 with the board. 12 (f) Three public members and three designated members of the board 13 constitute a quorum. However, action may be taken only upon the affirmative vote of 14 at least two-thirds of the full membership of the board. 15 (g) The board shall meet at least four times a year and as often as necessary to 16 fulfill its duties under this chapter and AS 46.40. Meetings may be held and members 17 may vote telephonically, except one board meeting a year shall be held in person. 18 (h) Public members of the board are entitled to per diem and travel expenses 19 authorized by law for members of boards and commissions. 20 (i) Administrative support for the board shall be provided by the division in 21 the department responsible for coastal and ocean management. The director of the 22 division in the department responsible for coastal and ocean management may contract 23 with or employ persons as necessary to assist the board in carrying out the board's 24 duties and responsibilities. 25 (j) The board shall 26 (1) make recommendations to the department relating to the approval 27 or modification of a district coastal management plan under AS 46.40.060(b); 28 (2) provide a forum for the discussion of issues related to this chapter, 29 AS 46.40, and the coastal uses and resources of the state; and 30 (3) annually solicit from state and federal agencies information as to 31 whether they implemented any new statutes or regulations affecting coastal uses or
01 resources to determine if existing enforceable policies duplicate, restate, incorporate 02 by reference, rephrase, or adopt the new state or federal statutes or regulations, and if 03 so, direct a coastal resource district with such enforceable policies to resubmit its 04 coastal management plan for review under this chapter and AS 46.40; and 05 (4) review and provide comments to the department on regulations 06 proposed under this chapter and AS 46.40. 07 * Sec. 4. AS 46.39.010 is amended by adding a new subsection to read: 08 (d) Not later than January 20 each year, the department shall prepare an annual 09 report summarizing the department's efforts to draft and adopt regulations under this 10 chapter and AS 46.40 during the prior calendar year. The department shall notify the 11 legislature that the report is available and shall also post the report on the department's 12 Internet website. 13 * Sec. 5. AS 46.39.030 is amended to read: 14 Sec. 46.39.030. Powers of the department. The department may 15 (1) apply for and accept grants, contributions, and appropriations, 16 including application for and acceptance of federal funds that may become available 17 for coastal planning and management; 18 (2) contract for necessary services; 19 (3) consult and cooperate with 20 (A) persons, organizations, and groups, public or private, 21 interested in, affected by, or concerned with coastal area planning and 22 management; 23 (B) agents and officials of the coastal resource districts of the 24 state, the Alaska Coastal Policy Board established in AS 46.39.005, and 25 federal and state agencies concerned with or having jurisdiction over coastal 26 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. 6. AS 46.39.040 is amended to read: 30 Sec. 46.39.040. Duties of the department. In conformity with 16 U.S.C. 1451 31 - 1464 (Coastal Zone Management Act of 1972), as amended, the department shall
01 (1) develop statewide standards for the Alaska coastal management 02 program, and criteria for the preparation and approval of district coastal management 03 plans in accordance with AS 46.40; 04 (2) establish continuing coordination among state agencies to facilitate 05 the development and implementation of the Alaska coastal management program; in 06 carrying out its duties under this paragraph, the department shall initiate an 07 interagency program of comprehensive coastal resource planning for each geographic 08 region of the state; 09 (3) assure continued provision of [DATA AND] information to coastal 10 resource districts to carry out their planning and management functions under the 11 program; in providing information to a coastal resource district and coastal 12 resource service area under this paragraph, the department shall provide the 13 information by electronic transmission, or by mail if the addressee does not have 14 an electronic mail address, to the presiding officer of the governing body of the 15 coastal resource district and to other persons as may be designated in writing by 16 the district; 17 (4) summarize the minutes of the board's discussion of issues 18 related to this chapter, AS 46.40, and coastal uses and resources of the state. 19 * Sec. 7. AS 46.40.030 is amended to read: 20 Sec. 46.40.030. Development of district coastal management plans. (a) 21 Coastal resource districts shall develop and adopt district coastal management plans in 22 accordance with the provisions of this chapter. The plan adopted by a coastal resource 23 district shall be based upon a municipality's existing comprehensive plan or a new 24 comprehensive resource use plan or comprehensive statement of needs, policies, 25 objectives, and standards governing the use of resources within the coastal area of the 26 district. The plan must meet the [STATEWIDE STANDARDS AND] district plan 27 criteria adopted under AS 46.40.040, may not be inconsistent with the standards 28 adopted under AS 46.40.040, and must include 29 (1) a delineation within the district of the boundaries of the coastal area 30 subject to the district coastal management plan; 31 (2) a statement, list, or definition of the land and water uses and
01 activities subject to the district coastal management plan; 02 (3) a statement of enforceable policies to be applied to the land and 03 water uses subject to the district coastal management plan; and 04 (4) [A DESCRIPTION OF THE USES AND ACTIVITIES THAT 05 WILL BE CONSIDERED PROPER AND THE USES AND ACTIVITIES THAT 06 WILL BE CONSIDERED IMPROPER WITH RESPECT TO THE LAND AND 07 WATER WITHIN THE COASTAL AREA; AND 08 (5)] a designation of any [, AND THE POLICIES THAT WILL BE 09 APPLIED TO THE USE OF,] areas which merit special attention under [WITHIN] 10 the district coastal management plan and a designation of the enforceable policies 11 that will be applicable within those areas which [RESOURCE DISTRICT THAT] 12 merit special attention. 13 (b) In developing enforceable policies in its coastal management plan under 14 (a) of this section, a coastal resource district shall meet the requirements of AS 15 46.40.070 and ensure that the enforceable policies 16 (1) are clear and concise as to the activities and persons affected by 17 the policies; 18 (2) use prescriptive or performance-based standards that are 19 written in precise and enforceable language; 20 (3) address a coastal use or resource of concern to the residents of 21 the coastal resource district as demonstrated by local knowledge or supported by 22 scientific evidence; and 23 (4) employ the least restrictive means to achieve the objective of 24 the enforceable policy [MEET THE REQUIREMENTS OF AS 46.40.070 AND 25 MAY NOT DUPLICATE, RESTATE, OR INCORPORATE BY REFERENCE 26 STATUTES AND ADMINISTRATIVE REGULATIONS ADOPTED BY STATE 27 OR FEDERAL AGENCIES]. 28 * Sec. 8. AS 46.40.030 is amended by adding a new subsection to read: 29 (c) In determining whether an enforceable policy employs the least restrictive 30 means to achieve its objective, the following factors shall be considered: 31 (1) alternative methods of achieving the objective of the policy;
01 (2) local knowledge or scientific evidence supporting each alternative 02 method; 03 (3) how the alternative methods may affect other existing or potential 04 uses; 05 (4) the economic effects of alternative methods; 06 (5) the technological feasibility of the alternative methods; and 07 (6) any other relevant factors. 08 * Sec. 9. AS 46.40.040(b) is amended to read: 09 (b) Notwithstanding any other provision of law, AS 46.03, AS 46.04, AS 10 46.09, AS 46.14, and the regulations adopted under those statutes constitute the 11 exclusive enforceable policies of the Alaska coastal management program for those 12 purposes. For those purposes only, 13 (1) the issuance of permits, certifications, approvals, and 14 authorizations by the Department of Environmental Conservation establishes 15 consistency with the Alaska coastal management program for those activities of a 16 proposed project subject to those permits, certifications, approvals, and authorizations; 17 (2) for a consistency review of an activity that does not require a 18 Department of Environmental Conservation permit, certification, approval, or 19 authorization because the activity is a federal activity or the activity is located on 20 federal land or the federal outer continental shelf, consistency with AS 46.03, AS 21 46.04, AS 46.09, and AS 46.14 and the regulations adopted under those statutes shall 22 be established on the basis of whether the Department of Environmental Conservation 23 finds that the activity satisfies the requirements of those statutes and regulations. 24 * Sec. 10. AS 46.40.050 is amended by adding a new subsection to read: 25 (c) A coastal resource district shall resubmit its coastal management plan, as 26 may be directed by the board under AS 46.39.005(j)(3). 27 * Sec. 11. AS 46.40.060(a) is amended to read: 28 (a) If, upon submission of a district coastal management plan for approval, the 29 department finds that the plan meets the provisions of this chapter [AND THE 30 STATEWIDE STANDARDS AND DISTRICT PLAN CRITERIA ADOPTED BY 31 THE DEPARTMENT AND DOES NOT ARBITRARILY OR UNREASONABLY
01 RESTRICT OR EXCLUDE USES OF STATE CONCERN], the department may 02 approve the district coastal management plan, or may approve portions of the district 03 plan that meet those requirements. 04 * Sec. 12. AS 46.40.060(b) is amended to read: 05 (b) If the department finds that a district coastal management plan is not 06 approvable or is approvable only in part under (a) of this section, the department 07 shall explain in writing the basis for its decision. The coastal resource district that 08 submitted the plan may request that the department submit the plan or portions 09 of the plan to the board for review. The board shall review the plan or portions of 10 the plan and make recommendations relating to whether the department should 11 approve or modify the district coastal management plan in whole or in part [IT 12 SHALL DIRECT THAT DEFICIENCIES IN THE PLAN SUBMITTED BY THE 13 COASTAL RESOURCE DISTRICT BE MEDIATED. IN MEDIATING THE 14 DEFICIENCIES, THE DEPARTMENT MAY CALL FOR ONE OR MORE PUBLIC 15 HEARINGS IN THE DISTRICT. THE DEPARTMENT SHALL MEET WITH 16 OFFICIALS OF THE COASTAL RESOURCE DISTRICT IN ORDER TO 17 RESOLVE DIFFERENCES]. 18 * Sec. 13. AS 46.40.060(c) is amended to read: 19 (c) After the board has reviewed the district coastal management plan 20 and submitted recommendations under (b) of this section [IF, AFTER 21 MEDIATION, THE DIFFERENCES HAVE NOT BEEN RESOLVED], the 22 department shall enter findings and, by order, may [REQUIRE] 23 (1) approve the plan or portions of the plan; 24 (2) require that the district coastal management plan be amended to 25 meet [SATISFY] the provisions of this chapter [OR MEET THE STATEWIDE 26 STANDARDS] and district plan criteria adopted by the department; 27 (3) require [(2)] that the district coastal management plan be revised 28 to accommodate a use of state concern; or 29 (4) require that [(3)] any other action be taken by the coastal resource 30 district [AS APPROPRIATE]. 31 * Sec. 14. AS 46.40.060 is amended by adding new subsections to read:
01 (e) Only a coastal resource district affected by a decision of the department 02 under this section may request reconsideration of the decision. The request must be 03 made within 15 days after the decision, must be in writing, and must include a 04 statement of the specific issues and material facts that the coastal resource district 05 contends that the department overlooked, failed to consider, or misconceived. The 06 commissioner of natural resources may review the department's decision on the basis 07 of the request and determine whether the decision should be changed. The 08 commissioner may issue a determination in writing within 20 days after the issuance 09 of the decision. If the commissioner has not issued a written decision within the 20- 10 day period, the request for reconsideration shall be considered as denied. Denial of a 11 request for reconsideration is a final administrative order and decision of the 12 department. 13 (f) The superior courts of the state have jurisdiction to enforce orders of the 14 department entered under (c) and (e) of this section. 15 * Sec. 15. AS 46.40.070 is repealed and reenacted to read: 16 Sec. 46.40.070. Requirements for department review and approval. (a) The 17 department shall approve a district coastal management plan submitted for review and 18 approval if, as determined by the department, the 19 (1) district coastal management plan meets the requirements of this 20 chapter and the district plan criteria adopted by the department; and 21 (2) enforceable policies of the district coastal management plan 22 (A) do not duplicate, restate, incorporate by reference, 23 rephrase, or adopt state or federal statutes or regulations; 24 (B) are not preempted by or in conflict with state or federal 25 statutes or regulations; 26 (C) employ the least restrictive means to achieve the objective 27 of the enforceable policies; 28 (D) do not arbitrarily or unreasonably restrict uses of state 29 concern; and 30 (E) meet the requirements of (b) and (c) of this section. 31 (b) The enforceable policies in a district coastal management plan submitted
01 for review under this section must meet the requirements of (a) of this section and may 02 establish new standards or requirements that are within the authority of a state or 03 federal agency unless 04 (1) a state agency specifically objects to the proposed new standards or 05 requirements on the grounds that the proposed standards or requirements 06 (A) are based on scientific evidence or local knowledge relied 07 upon by the coastal resource district to satisfy the requirements of AS 08 46.40.030 but that conflicts with the agency's interpretation of the scientific 09 evidence within the agency's area of expertise; 10 (B) conflict with the agency's allocation of existing or planned 11 agency resources to meet state policies and objectives; or 12 (C) conflict with agency priorities or objectives, or other state 13 policies; 14 (2) the proposed new standards or requirements address discharges, 15 emissions, contaminants, conditions, risks, or other matters that fall within the 16 authority of the Department of Environmental Conservation under AS 46.03, AS 17 46.04, AS 46.09, AS 46.14, and regulations adopted under those statutes. 18 (c) An approval of a district coastal management plan with enforceable 19 policies may not affect a person's rights or authorizations under an unexpired permit, 20 lease, or other valid existing right to explore or develop natural resources that predates 21 the date that the enforceable policy becomes final. An enforceable policy becomes 22 final when its adoption is no longer subject to further review through either a judicial 23 or administrative process. 24 (d) In this section, "specifically objects" means that, during a review of a 25 district coastal management plan under AS 46.40.050 or 46.40.060 and their 26 implementing regulations, a written objection to the enforceable policy that establishes 27 the new standards or requirements is filed with the department by 28 (1) the commissioner or the commissioner's designee of a state agency; 29 or 30 (2) the attorney general of the state. 31 (e) Notwithstanding any other provision of this chapter, an enforceable policy
01 that establishes requirements within the authority of a state or federal agency shall be 02 superseded upon the enactment of a law or adoption of a regulation that is inconsistent 03 with the enforceable policy. 04 * Sec. 16. AS 46.40.096(d) is amended to read: 05 (d) In preparing a consistency review and determination for a proposed 06 project, the reviewing entity shall 07 (1) request consistency review comments for the proposed project 08 from state resource agencies, affected coastal resource districts, and other interested 09 parties as determined by regulation adopted by the department; 10 (2) prepare proposed consistency determinations; 11 (3) conduct an elevated review [COORDINATE SUBSEQUENT 12 REVIEWS] of proposed consistency determinations prepared under (2) of this 13 subsection; an elevated [A SUBSEQUENT] review of a proposed consistency 14 determination under this paragraph 15 (A) shall be conducted [IS LIMITED TO A REVIEW] by the 16 commissioners of the resource agencies or their deputies 17 [DEPARTMENT]; 18 (B) may occur only if requested by 19 (i) the project applicant; 20 (ii) a state resource agency; or 21 (iii) an affected coastal resource district; and 22 (C) shall be completed with the issuance of a written order 23 signed by at least two of the commissioners of the resource agencies or 24 their deputies [BY THE DEPARTMENT] within 60 [45] days after the initial 25 request for an elevated [SUBSEQUENT] review under this paragraph; if a 26 written order is not issued in accordance with this subparagraph, the 27 proposed consistency determination under (2) of this subsection is the 28 final consistency determination and certification; and 29 (4) render the final consistency determination and certification 30 consistent with this subsection. 31 * Sec. 17. AS 46.40.096(o) is amended to read:
01 (o) The time limitations in (n) of this section 02 (1) do not apply to a consistency review involving the disposal of an 03 interest in state land or resources; 04 (2) are suspended 05 (A) from the time the reviewing entity determines that the 06 applicant has not adequately responded in writing within 14 days after the 07 receipt of a written request from the reviewing entity for additional 08 information, until the time the reviewing entity determines that the applicant 09 has provided an adequate written response; 10 (B) during a period of time requested by the applicant; 11 (C) during the period of time a consistency review is 12 undergoing an elevated [A SUBSEQUENT] review under (d)(3) of this 13 section. 14 * Sec. 18. AS 46.40.096(q)(2) is amended to read: 15 (2) "reviewing entity" means the 16 (A) Department of Natural Resources, for a consistency review 17 subject to AS 46.39.010; 18 (B) commissioners or their deputies for an elevated review; 19 (C) state agency identified in (b) of this section, for a 20 consistency review not subject to AS 46.39.010. 21 * Sec. 19. AS 46.40.180(b) is amended to read: 22 (b) If a city or village within a coastal resource service area fails to approve a 23 portion of the district coastal management plan prepared and submitted for approval 24 under (a) of this section, the governing body shall advise the coastal resource service 25 area board of its objections to the proposed plan and suggest alternative elements or 26 components for inclusion in the district coastal management plan. New matter 27 submitted by a city or village that is not inconsistent with the standards adopted 28 under AS 46.40.040 and meets the [STATEWIDE STANDARDS AND] district plan 29 criteria adopted under this chapter shall be accepted and the district coastal 30 management plan modified accordingly. If a city or village fails to provide objections 31 and suggested alternatives within the time limits established in this section, the coastal
01 resource service area board may adopt the district coastal management plan as initially 02 offered. 03 * Sec. 20. AS 46.40.210 is amended by adding new paragraphs to read: 04 (13) "board" means the Alaska Coastal Policy Board established in AS 05 46.39.005; 06 (14) "commissioners" means the commissioners of the resource 07 agencies; 08 (15) "elevated review" means a review of a proposed consistency 09 determination by the commissioners, or their deputies, of the resource agencies; 10 (16) "local knowledge" means a body of knowledge or information 11 about the coastal environment or the human use of that environment, including 12 information passed down through generations, if that information is 13 (A) derived from experience and observations; 14 (B) generally accepted by the local community; and 15 (C) not contradicted by scientific evidence; 16 (17) "scientific evidence" means facts or data that are 17 (A) premised upon established chemical, physical, biological, 18 or ecosystem management principles as obtained through scientific method and 19 submitted to the division in the department responsible for ocean and coastal 20 management to furnish proof of a matter required under this chapter; 21 (B) in a form that would allow resource agency review for 22 scientific merit; and 23 (C) supported by one or more of the following: 24 (i) written analysis based on field observation and 25 professional judgment along with photographic documentation; 26 (ii) written analysis from a professional scientist with 27 expertise in the specific discipline; or 28 (iii) site-specific scientific research that may include 29 peer-review level research or literature. 30 * Sec. 21. (a) AS 46.39.005 is repealed. 31 (b) AS 46.40.060(d) is repealed.
01 * Sec. 22. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 TRANSITION: MEMBERS OF THE ALASKA COASTAL POLICY BOARD; 04 STAGGERED TERMS. (a) Notwithstanding AS 46.39.005(a), added by sec. 3 of this Act, 05 within 30 days after the effective date of this section, the municipalities of each region 06 identified in AS 46.39.005(a)(1)(B) shall submit to the governor the names of three persons 07 from the region qualified under AS 46.39.005(a), added by sec. 3 of this Act. Notwithstanding 08 AS 46.39.005, added by sec. 3 of this Act, within 60 days after the effective date of this 09 section, the governor shall appoint, from the lists of names submitted under AS 10 46.39.005(a)(1)(B), one member and one alternate from each region, or request subsequent 11 lists of names in accordance with AS 46.39.005(a)(1)(B), and shall appoint one at-large 12 member and one alternate to serve on the Alaska Coastal Policy Board established by AS 13 46.39.005, added by sec. 3 of this Act. The governor shall appoint the public members to 14 three-year staggered terms. The alternate for each member shall serve the same term as the 15 member. The governor shall specify the term of each member appointed subject to this 16 section. 17 (b) Notwithstanding the requirements of AS 46.40.060(b), as amended by sec. 12 of 18 this Act, a review by the Alaska Coastal Policy Board relating to a district coastal 19 management plan, or a portion of a district coastal management plan, shall be delayed until all 20 the public members and alternates of the board are appointed under (a) of this section. 21 * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 TRANSITION: PENDING DISTRICT COASTAL MANAGEMENT PLANS. If a 24 plan of a coastal resource district was submitted to the Department of Natural Resources 25 before the effective date of this Act, but is pending approval in its entirety before the effective 26 date of this Act, the coastal resource district shall resubmit the entire plan to the Department 27 of Natural Resources for approval using the standards set out as AS 46.39 and AS 46.40, as 28 modified by this Act. 29 * Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 REVIEW AND REPORT BY THE ALASKA COASTAL POLICY BOARD. Before
01 February 1, 2013, the Alaska Coastal Policy Board shall review AS 46.40.040(b), as amended 02 by sec. 9 of this Act, AS 46.40.040(c), and AS 46.40.096(i), their implementing regulations, 03 and related federal and state statutes and regulations, and prepare a report to the governor and 04 the legislature on any proposed changes to the provisions of AS 46.40. 05 * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 RETROACTIVITY AND REVIVAL. (a) The amendment to AS 44.66.020(a)(5) 08 made by sec. 2 of this Act is retroactive to January 1, 2011. 09 (b) If, under AS 01.10.070(c), sec. 27 of this Act takes effect on or after July 1, 2011, 10 sec. 27 of this Act is retroactive to July 1, 2011, and sections repealed by sec. 18, ch. 31, SLA 11 2005, are revived. If a revived section is amended by this Act, it is revived as amended by this 12 Act. The revived sections are subject to repeal under sec. 22, ch. 31, SLA 2005, as amended 13 by sec. 27 of this Act. 14 (c) If, under AS 01.10.070(c), this section takes effect on or after July 1, 2011, AS 15 46.39.005, added by sec. 3 of this Act and repealed by sec. 21(a) of this Act, is revived. AS 16 46.39.005, as revived, is subject to repeal under secs. 21(a) and 28 of this Act and sec. 22, ch. 17 31, SLA 2005, as amended by sec. 27 of this Act. 18 * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 CONDITIONAL EFFECT. Section 21(a) of this Act takes effect only if secs. 1 - 13 21 and 18, ch. 31, SLA 2005, take effect. 22 * Sec. 27. The uncodified law of the State of Alaska enacted in sec. 22, ch. 31, SLA 2005, is 23 amended to read: 24 Sec. 22. Sections 1 - 13 and 18, ch. 31, SLA 2005, [OF THIS ACT] take effect 25 July 1, 2017 [2011], unless the state's revised coastal management program has not 26 been approved by the National Oceanic and Atmospheric Administration, Office of 27 Ocean and Coastal Resource Management, United States Department of Commerce, 28 under 16 U.S.C. 1455 and 1457 (Coastal Zone Management Act of 1972) before 29 January 1, 2006. If the state's revised coastal management program is not approved 30 before January 1, 2006, by the National Oceanic and Atmospheric Administration, 31 Office of Ocean and Coastal Resource Management, United States Department of
01 Commerce, then secs. 1 - 13 and 18, ch. 31, SLA 2005, [OF THIS ACT] take effect 02 May 10, 2006. The commissioner of natural resources shall notify the revisor of 03 statutes on February 1, 2006, whether the revised coastal management program has 04 been approved as described in this section. 05 * Sec. 28. If sec. 21(a) of this Act takes effect, it takes effect on the date that secs. 1 - 13 and 06 18, ch. 31, SLA 2005, take effect. 07 * Sec. 29. Except as provided in sec. 28 of this Act, this Act takes effect immediately under 08 AS 01.10.070(c).