SCS 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 SENATE CS FOR 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 and one alternate member shall be appointed 05 from each of the following 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 area of the 14 Kodiak Island and Aleutians East Boroughs and the Aleutian, Adak, 15 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. Except as provided 29 by (c) of this section, each member serves until a successor is appointed and qualified. 30 A public member may be reappointed. 31 (c) The board may recommend that the governor remove a public member for
01 cause. With or without a recommendation from the board, the governor may remove a 02 public member for cause after giving the public member written notice of the charges 03 and an opportunity to be heard upon not less than 10 days' notice. If a public member 04 is removed, the alternate member shall serve the remainder of the term, and a new 05 alternate shall be appointed under (a)(1) of this section. In this subsection, "for cause" 06 includes lack of contribution to the board's work, neglect of duty, incompetence, 07 inability to serve, poor attendance, and misconduct in office. 08 (d) The board shall designate co-chairs, one of whom shall be selected from 09 among the public members appointed under (a)(1) of this section and one from among 10 the members designated in (a)(2) of this section. 11 (e) If a member serving under (a)(1) of this section is unable to attend, the 12 alternate may attend. The names of alternates serving under (a)(1) of this section shall 13 be filed with the board. 14 (f) If a member serving under (a)(2) of this section is unable to attend, a 15 deputy commissioner in the same department may attend and act in place of the 16 member. The names of deputy commissioners serving as alternates for members 17 serving under (a)(2) of this section shall be filed with the board. 18 (g) Three public members and three designated members of the board 19 constitute a quorum. However, action may be taken only upon the affirmative vote of 20 at least two-thirds of the full membership of the board. 21 (h) The board shall meet at least four times a year and as often as necessary to 22 fulfill its duties under this chapter and AS 46.40. Meetings may be held and members 23 may vote telephonically, except one board meeting a year shall be held in person. 24 (i) Public members of the board are entitled to per diem and travel expenses 25 authorized by law for members of boards and commissions. 26 (j) Administrative support for the board shall be provided by the division in 27 the department responsible for coastal and ocean management. The director of the 28 division in the department responsible for coastal and ocean management may contract 29 with or employ persons as necessary to assist the board in carrying out the board's 30 duties and responsibilities. 31 (k) The board shall
01 (1) make recommendations to the department relating to the approval 02 or modification of a district coastal management plan under AS 46.40.060(b); 03 (2) provide a forum for the discussion of issues related to this chapter, 04 AS 46.40, and the coastal uses and resources of the state; and 05 (3) annually solicit from state and federal agencies information as to 06 whether they implemented any new statutes or regulations affecting coastal uses or 07 resources to determine if existing enforceable policies duplicate, restate, incorporate 08 by reference, rephrase, or adopt the new state or federal statutes or regulations, and if 09 so, direct a coastal resource district with such enforceable policies to resubmit its 10 coastal management plan for review under this chapter and AS 46.40; and 11 (4) review and provide comments to the department on regulations 12 proposed under this chapter and AS 46.40. 13 * Sec. 4. AS 46.39.010 is amended by adding a new subsection to read: 14 (d) Not later than January 20 each year, the department shall prepare an annual 15 report summarizing the department's efforts to draft and adopt regulations under this 16 chapter and AS 46.40 during the prior calendar year. The department shall notify the 17 legislature that the report is available and shall also post the report on the department's 18 Internet website. 19 * Sec. 5. AS 46.39.030 is amended to read: 20 Sec. 46.39.030. Powers of the department. The department may 21 (1) apply for and accept grants, contributions, and appropriations, 22 including application for and acceptance of federal funds that may become available 23 for coastal planning and management; 24 (2) contract for necessary services; 25 (3) consult and cooperate with 26 (A) persons, organizations, and groups, public or private, 27 interested in, affected by, or concerned with coastal area planning and 28 management; 29 (B) agents and officials of the coastal resource districts of the 30 state, the Alaska Coastal Policy Board established in AS 46.39.005, and 31 federal and state agencies concerned with or having jurisdiction over coastal
01 planning and management; 02 (4) take any reasonable action necessary to carry out the provisions of 03 this chapter or AS 46.40. 04 * Sec. 6. AS 46.39.040 is amended to read: 05 Sec. 46.39.040. Duties of the department. In conformity with 16 U.S.C. 1451 06 - 1464 (Coastal Zone Management Act of 1972), as amended, the department shall 07 (1) develop statewide standards for the Alaska coastal management 08 program, and criteria for the preparation and approval of district coastal management 09 plans in accordance with AS 46.40; 10 (2) establish continuing coordination among state agencies to facilitate 11 the development and implementation of the Alaska coastal management program; in 12 carrying out its duties under this paragraph, the department shall initiate an 13 interagency program of comprehensive coastal resource planning for each geographic 14 region of the state; 15 (3) assure continued provision of [DATA AND] information to coastal 16 resource districts to carry out their planning and management functions under the 17 program; in providing information to a coastal resource district and coastal 18 resource service area under this paragraph, the department shall provide the 19 information by electronic transmission, or by mail if the addressee does not have 20 an electronic mail address, to the presiding officer of the governing body of the 21 coastal resource district and to other persons as may be designated in writing by 22 the district; 23 (4) summarize the minutes of the board's discussion of issues 24 related to this chapter, AS 46.40, and coastal uses and resources of the state. 25 * Sec. 7. AS 46.40.030 is amended to read: 26 Sec. 46.40.030. Development of district coastal management plans. (a) 27 Coastal resource districts shall develop and adopt district coastal management plans in 28 accordance with the provisions of this chapter. The plan adopted by a coastal resource 29 district shall be based upon a municipality's existing comprehensive plan or a new 30 comprehensive resource use plan or comprehensive statement of needs, policies, 31 objectives, and standards governing the use of resources within the coastal area of the
01 district. The plan must meet the [STATEWIDE STANDARDS AND] district plan 02 criteria adopted under AS 46.40.040, may not be inconsistent with the standards 03 adopted under AS 46.40.040, and must include 04 (1) a delineation within the district of the boundaries of the coastal area 05 subject to the district coastal management plan; 06 (2) a statement, list, or definition of the land and water uses and 07 activities subject to the district coastal management plan; 08 (3) a statement of enforceable policies to be applied to the land and 09 water uses subject to the district coastal management plan; and 10 (4) [A DESCRIPTION OF THE USES AND ACTIVITIES THAT 11 WILL BE CONSIDERED PROPER AND THE USES AND ACTIVITIES THAT 12 WILL BE CONSIDERED IMPROPER WITH RESPECT TO THE LAND AND 13 WATER WITHIN THE COASTAL AREA; AND 14 (5)] a designation of any [, AND THE POLICIES THAT WILL BE 15 APPLIED TO THE USE OF,] areas which merit special attention under [WITHIN] 16 the district coastal management plan and a designation of the enforceable policies 17 that will be applicable within those areas which [RESOURCE DISTRICT THAT] 18 merit special attention. 19 (b) In developing enforceable policies in its coastal management plan under 20 (a) of this section, a coastal resource district shall meet the requirements of 21 AS 46.40.070 and ensure that the enforceable policies 22 (1) are clear and concise as to the activities and persons affected by 23 the policies; 24 (2) use prescriptive or performance-based standards that are 25 written in precise and enforceable language; 26 (3) address a coastal use or resource of concern to the residents of 27 the coastal resource district as demonstrated by local knowledge or supported by 28 scientific evidence; and 29 (4) employ the least restrictive means to achieve the objective of 30 the enforceable policy [MEET THE REQUIREMENTS OF AS 46.40.070 AND 31 MAY NOT DUPLICATE, RESTATE, OR INCORPORATE BY REFERENCE
01 STATUTES AND ADMINISTRATIVE REGULATIONS ADOPTED BY STATE 02 OR FEDERAL AGENCIES]. 03 * Sec. 8. AS 46.40.030 is amended by adding new subsections to read: 04 (c) In determining whether an enforceable policy employs the least restrictive 05 means to achieve its objective, the following factors shall be considered: 06 (1) alternative methods of achieving the objective of the policy; 07 (2) local knowledge or scientific evidence supporting each alternative 08 method; and 09 (3) how the alternative methods may affect other existing or potential 10 uses. 11 (d) Additional factors that the department may require be addressed in 12 determining whether an enforceable policy employs the least restrictive means to 13 achieve its objective are as follows: 14 (1) the economic effects of alternative methods; 15 (2) the technological feasibility of the alternative methods; and 16 (3) any other relevant factors. 17 * Sec. 9. AS 46.40.040(b) is amended to read: 18 (b) Notwithstanding any other provision of law, AS 46.03, AS 46.04, 19 AS 46.09, AS 46.14, and the regulations adopted under those statutes constitute the 20 exclusive enforceable policies of the Alaska coastal management program for those 21 purposes. For those purposes only, 22 (1) the issuance of permits, certifications, approvals, and 23 authorizations by the Department of Environmental Conservation establishes 24 consistency with the Alaska coastal management program for those activities of a 25 proposed project subject to those permits, certifications, approvals, and authorizations; 26 (2) for a consistency review of an activity that does not require a 27 Department of Environmental Conservation permit, certification, approval, or 28 authorization because the activity is a federal activity or the activity is located on 29 federal land or the federal outer continental shelf, consistency with AS 46.03, 30 AS 46.04, AS 46.09, and AS 46.14 and the regulations adopted under those statutes 31 shall be established on the basis of whether the Department of Environmental
01 Conservation finds that the activity satisfies the requirements of those statutes and 02 regulations. 03 * Sec. 10. AS 46.40.050 is amended by adding a new subsection to read: 04 (c) A coastal resource district shall resubmit its coastal management plan, as 05 may be directed by the board under AS 46.39.005(k)(3). 06 * Sec. 11. AS 46.40.060(a) is amended to read: 07 (a) If, upon submission of a district coastal management plan for approval, the 08 department finds that the plan meets the provisions of this chapter [AND THE 09 STATEWIDE STANDARDS AND DISTRICT PLAN CRITERIA ADOPTED BY 10 THE DEPARTMENT AND DOES NOT ARBITRARILY OR UNREASONABLY 11 RESTRICT OR EXCLUDE USES OF STATE CONCERN], the department may 12 approve the district coastal management plan, or may approve portions of the district 13 plan that meet those requirements. 14 * Sec. 12. AS 46.40.060(b) is amended to read: 15 (b) If the department finds that a district coastal management plan is not 16 approvable or is approvable only in part under (a) of this section, the department 17 shall explain in writing the basis for its decision. The coastal resource district that 18 submitted the plan may request that the department submit the plan or portions 19 of the plan to the board for review. The board shall review the plan or portions of 20 the plan and make recommendations relating to whether the department should 21 approve or modify the district coastal management plan in whole or in part [IT 22 SHALL DIRECT THAT DEFICIENCIES IN THE PLAN SUBMITTED BY THE 23 COASTAL RESOURCE DISTRICT BE MEDIATED. IN MEDIATING THE 24 DEFICIENCIES, THE DEPARTMENT MAY CALL FOR ONE OR MORE PUBLIC 25 HEARINGS IN THE DISTRICT. THE DEPARTMENT SHALL MEET WITH 26 OFFICIALS OF THE COASTAL RESOURCE DISTRICT IN ORDER TO 27 RESOLVE DIFFERENCES]. 28 * Sec. 13. AS 46.40.060(c) is amended to read: 29 (c) After the board has reviewed the district coastal management plan 30 and submitted recommendations under (b) of this section [IF, AFTER 31 MEDIATION, THE DIFFERENCES HAVE NOT BEEN RESOLVED], the
01 department shall enter findings and, by order, may [REQUIRE] 02 (1) approve the plan or portions of the plan; 03 (2) require that the district coastal management plan be amended to 04 meet [SATISFY] the provisions of this chapter [OR MEET THE STATEWIDE 05 STANDARDS] and district plan criteria adopted by the department; 06 (3) require [(2)] that the district coastal management plan be revised 07 to accommodate a use of state concern; or 08 (4) require the coastal resource district to submit additional 09 information if, in the judgment of the department, additional information is 10 necessary for the department to approve the plan or portions of the plan [(3) 11 ANY OTHER ACTION BE TAKEN BY THE COASTAL RESOURCE DISTRICT 12 AS APPROPRIATE]. 13 * Sec. 14. AS 46.40.060 is amended by adding new subsections to read: 14 (e) Only a coastal resource district affected by a decision of the department 15 under this section may request reconsideration of the decision. The request must be 16 made within 15 days after the decision, must be in writing, and must include a 17 statement of the specific issues and material facts that the coastal resource district 18 contends that the department overlooked, failed to consider, or misconceived. The 19 commissioner of natural resources may review the department's decision on the basis 20 of the request and determine whether the decision should be changed. The 21 commissioner may issue a determination in writing within 20 days after the issuance 22 of the decision. If the commissioner has not issued a written decision within the 20- 23 day period, the request for reconsideration shall be considered as denied. Denial of a 24 request for reconsideration is a final administrative order and decision of the 25 department. 26 (f) The superior courts of the state have jurisdiction to enforce orders of the 27 department entered under (c) and (e) of this section. 28 * Sec. 15. AS 46.40.070 is repealed and reenacted to read: 29 Sec. 46.40.070. Requirements for department review and approval. (a) The 30 department shall approve a district coastal management plan submitted for review and 31 approval if, as determined by the department, the
01 (1) district coastal management plan meets the requirements of this 02 chapter and the district plan criteria adopted by the department; and 03 (2) enforceable policies of the district coastal management plan 04 (A) do not duplicate, restate, incorporate by reference, 05 rephrase, or adopt state or federal statutes or regulations; 06 (B) are not preempted by or in conflict with state or federal 07 statutes or regulations; 08 (C) employ the least restrictive means to achieve the objective 09 of the enforceable policies; 10 (D) do not arbitrarily or unreasonably restrict uses of state 11 concern; and 12 (E) meet the requirements of (b) and (c) of this section. 13 (b) The enforceable policies in a district coastal management plan submitted 14 for review under this section must meet the requirements of (a) of this section and may 15 establish new standards or requirements that are within the authority of a state or 16 federal agency unless 17 (1) a state agency specifically objects to the proposed new standards or 18 requirements on the grounds that the proposed standards or requirements 19 (A) are based on scientific evidence or local knowledge relied 20 upon by the coastal resource district to satisfy the requirements of 21 AS 46.40.030 but that conflicts with the agency's interpretation of the scientific 22 evidence within the agency's area of expertise; 23 (B) conflict with the agency's allocation of existing or planned 24 agency resources to meet state policies and objectives; or 25 (C) conflict with agency priorities or objectives, or other state 26 policies; 27 (2) the proposed new standards or requirements address discharges, 28 emissions, contaminants, conditions, risks, or other matters that fall within the 29 authority of the Department of Environmental Conservation under AS 46.03, 30 AS 46.04, AS 46.09, AS 46.14, and regulations adopted under those statutes. 31 (c) An approval of a district coastal management plan with enforceable
01 policies may not affect a person's rights or authorizations under an unexpired permit, 02 lease, or other valid existing right to explore or develop natural resources that predates 03 the date that the enforceable policy becomes final. An enforceable policy becomes 04 final when its adoption is no longer subject to further review through either a judicial 05 or administrative process. 06 (d) Notwithstanding AS 46.40.030(a)(4), in reviewing and approving a district 07 coastal management plan under (a) of this section, the department may not require a 08 district to designate areas for the purpose of developing an enforceable policy. 09 (e) In this section, "specifically objects" means that, during a review of a 10 district coastal management plan under AS 46.40.050 or 46.40.060 and their 11 implementing regulations, a written objection to the enforceable policy that establishes 12 the new standards or requirements is filed with the department by 13 (1) the commissioner or deputy commissioner of a state agency; or 14 (2) the attorney general of the state. 15 (f) Notwithstanding any other provision of this chapter, an enforceable policy 16 that establishes requirements within the authority of a state or federal agency shall be 17 superseded upon the enactment of a law or adoption of a regulation that is inconsistent 18 with the enforceable policy. 19 * Sec. 16. AS 46.40.096(d) is amended to read: 20 (d) In preparing a consistency review and determination for a proposed 21 project, the reviewing entity shall 22 (1) request consistency review comments for the proposed project 23 from state resource agencies, affected coastal resource districts, and other interested 24 parties as determined by regulation adopted by the department; 25 (2) prepare proposed consistency determinations; 26 (3) conduct an elevated review [COORDINATE SUBSEQUENT 27 REVIEWS] of proposed consistency determinations prepared under (2) of this 28 subsection; an elevated [A SUBSEQUENT] review of a proposed consistency 29 determination under this paragraph 30 (A) shall be conducted [IS LIMITED TO A REVIEW] by the 31 commissioners or deputy commissioners of the resource agencies
01 [DEPARTMENT]; 02 (B) may occur only if requested by 03 (i) the project applicant; 04 (ii) a state resource agency; or 05 (iii) an affected coastal resource district; and 06 (C) shall be completed with the issuance of a written order 07 signed by at least two of the commissioners or deputy commissioners of 08 the resource agencies [BY THE DEPARTMENT] within 60 [45] days after 09 the initial request for an elevated [SUBSEQUENT] review under this 10 paragraph; if a written order is not issued in accordance with this 11 subparagraph, the proposed consistency determination under (2) of this 12 subsection is the final consistency determination and certification; and 13 (4) render the final consistency determination and certification 14 consistent with this subsection. 15 * Sec. 17. AS 46.40.096(o) is amended to read: 16 (o) The time limitations in (n) of this section 17 (1) do not apply to a consistency review involving the disposal of an 18 interest in state land or resources; 19 (2) are suspended 20 (A) from the time the reviewing entity determines that the 21 applicant has not adequately responded in writing within 14 days after the 22 receipt of a written request from the reviewing entity for additional 23 information, until the time the reviewing entity determines that the applicant 24 has provided an adequate written response; 25 (B) during a period of time requested by the applicant; 26 (C) during the period of time a consistency review is 27 undergoing an elevated [A SUBSEQUENT] review under (d)(3) of this 28 section. 29 * Sec. 18. AS 46.40.096(q)(2) is amended to read: 30 (2) "reviewing entity" means the 31 (A) Department of Natural Resources, for a consistency review
01 subject to AS 46.39.010; 02 (B) commissioners or deputy commissioners of the resource 03 agencies for an elevated review; 04 (C) state agency identified in (b) of this section, for a 05 consistency review not subject to AS 46.39.010. 06 * Sec. 19. AS 46.40.180(b) is amended to read: 07 (b) If a city or village within a coastal resource service area fails to approve a 08 portion of the district coastal management plan prepared and submitted for approval 09 under (a) of this section, the governing body shall advise the coastal resource service 10 area board of its objections to the proposed plan and suggest alternative elements or 11 components for inclusion in the district coastal management plan. New matter 12 submitted by a city or village that is not inconsistent with the standards adopted 13 under AS 46.40.040 and meets the [STATEWIDE STANDARDS AND] district plan 14 criteria adopted under this chapter shall be accepted and the district coastal 15 management plan modified accordingly. If a city or village fails to provide objections 16 and suggested alternatives within the time limits established in this section, the coastal 17 resource service area board may adopt the district coastal management plan as initially 18 offered. 19 * Sec. 20. AS 46.40.210 is amended by adding new paragraphs to read: 20 (13) "board" means the Alaska Coastal Policy Board established in 21 AS 46.39.005; 22 (14) "commissioners" means the commissioners of the resource 23 agencies; 24 (15) "elevated review" means a review of a proposed consistency 25 determination by the commissioners or deputy commissioners of the resource 26 agencies. 27 * Sec. 21. AS 46.39.005 is repealed. 28 * Sec. 22. AS 46.40.060(d) is repealed. 29 * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 TRANSITION: MEMBERS OF THE ALASKA COASTAL POLICY BOARD;
01 STAGGERED TERMS. (a) Notwithstanding AS 46.39.005(a), added by sec. 3 of this Act, 02 within 30 days after the effective date of this section, the municipalities of each region 03 identified in AS 46.39.005(a)(1)(B) shall submit to the governor the names of three persons to 04 be considered for appointment as public members, and the names of three persons to be 05 considered as alternate members, from the region qualified under AS 46.39.005(a), added by 06 sec. 3 of this Act. Notwithstanding AS 46.39.005, added by sec. 3 of this Act, within 60 days 07 after the effective date of this section, the governor shall appoint, from the lists of names 08 submitted under AS 46.39.005(a)(1)(B), one member and one alternate member from each 09 region, or request subsequent lists of names in accordance with AS 46.39.005(a)(1)(B), and 10 shall appoint one at-large member and one alternate member to serve on the Alaska Coastal 11 Policy Board established by AS 46.39.005, added by sec. 3 of this Act. The governor shall 12 appoint the public members to three-year staggered terms. The alternate member for each 13 public member shall serve the same term as the public member. The governor shall specify 14 the term of each public member appointed subject to this section. 15 (b) Notwithstanding the requirements of AS 46.40.060(b), as amended by sec. 12 of 16 this Act, a review by the Alaska Coastal Policy Board relating to a district coastal 17 management plan, or a portion of a district coastal management plan, shall be delayed until all 18 the public members and alternate members of the board are appointed under (a) of this 19 section. 20 * Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 TRANSITION: PENDING DISTRICT COASTAL MANAGEMENT PLANS. If a 23 plan of a coastal resource district was submitted to the Department of Natural Resources 24 before the effective date of this section, but is pending approval in its entirety before the 25 effective date of this section, the coastal resource district shall resubmit the entire plan to the 26 Department of Natural Resources for approval using the standards set out in AS 46.39 and 27 AS 46.40, as modified by this Act. 28 * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 REVIEW AND REPORTS BY THE ALASKA COASTAL POLICY BOARD. (a) 31 Before February 1, 2013, the Alaska Coastal Policy Board shall review AS 46.40.040(b), as
01 amended by sec. 9 of this Act, AS 46.40.040(c), and AS 46.40.096(i), their implementing 02 regulations, and related federal and state statutes and regulations, and prepare a report to the 03 governor and the legislature on any proposed changes to the provisions of AS 46.40. 04 (b) On or before January 1, 2015, the Alaska Coastal Policy Board shall report to the 05 governor and legislature on the effectiveness of AS 46.39 and AS 46.40 and regulations 06 adopted under those chapters, with its recommendations for any proposed changes to any 07 provision of AS 46.39 or AS 46.40. 08 * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 RETROACTIVITY AND REVIVAL. (a) The amendment to AS 44.66.020(a)(5) 11 made by sec. 2 of this Act is retroactive to January 1, 2011. 12 (b) If, under AS 01.10.070(c), sec. 28 of this Act takes effect on or after July 1, 2011, 13 sec. 28 of this Act is retroactive to July 1, 2011, and provisions repealed by sec. 18, ch. 31, 14 SLA 2005, are revived. If a revived provision is amended by secs. 1, 2, 4 - 20, or 22 of this 15 Act, it is revived as amended by secs. 1, 2, 4 - 20, and 22 of this Act. The revived provisions 16 are subject to repeal under sec. 22, ch. 31, SLA 2005, as amended by sec. 28 of this Act. 17 (c) If, under AS 01.10.070(c), this section takes effect on or after July 1, 2011, 18 AS 46.39.005, added by sec. 3 of this Act and repealed by sec. 21 of this Act, is revived. 19 AS 46.39.005, as revived, is subject to repeal under secs. 21 and 29 of this Act and sec. 22, 20 ch. 31, SLA 2005, as amended by sec. 28 of this Act. 21 * Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 CONDITIONAL EFFECT. Section 21 of this Act takes effect only if secs. 1 - 13 and 24 18, ch. 31, SLA 2005, take effect. 25 * Sec. 28. The uncodified law of the State of Alaska enacted in sec. 22, ch. 31, SLA 2005, is 26 amended to read: 27 Sec. 22. Sections 1 - 13 and 18, ch. 31, SLA 2005, [OF THIS ACT] take effect 28 July 1, 2017 [2011, UNLESS THE STATE'S REVISED COASTAL 29 MANAGEMENT PROGRAM HAS NOT BEEN APPROVED BY THE NATIONAL 30 OCEANIC AND ATMOSPHERIC ADMINISTRATION, OFFICE OF OCEAN AND 31 COASTAL RESOURCE MANAGEMENT, UNITED STATES DEPARTMENT OF
01 COMMERCE, UNDER 16 U.S.C. 1455 AND 1457 (COASTAL ZONE 02 MANAGEMENT ACT OF 1972) BEFORE JANUARY 1, 2006. IF THE STATE'S 03 REVISED COASTAL MANAGEMENT PROGRAM IS NOT APPROVED 04 BEFORE JANUARY 1, 2006, BY THE NATIONAL OCEANIC AND 05 ATMOSPHERIC ADMINISTRATION, OFFICE OF OCEAN AND COASTAL 06 RESOURCE MANAGEMENT, UNITED STATES DEPARTMENT OF 07 COMMERCE, THEN SECS. 1 - 13 AND 18 OF THIS ACT TAKE EFFECT MAY 08 10, 2006. THE COMMISSIONER OF NATURAL RESOURCES SHALL NOTIFY 09 THE REVISOR OF STATUTES ON FEBRUARY 1, 2006, WHETHER THE 10 REVISED COASTAL MANAGEMENT PROGRAM HAS BEEN APPROVED AS 11 DESCRIBED IN THIS SECTION]. 12 * Sec. 29. If sec. 21 of this Act takes effect, it takes effect on the date that secs. 1 - 13 and 13 18, ch. 33, SLA 2005, take effect. 14 * Sec. 30. Except as provided in sec. 29 of this Act, this Act takes effect immediately under 15 AS 01.10.070(c).