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HB 325: "An Act establishing an Alaska coastal management program."

00                             HOUSE BILL NO. 325                                                                          
01 "An Act establishing an Alaska coastal management program."                                                             
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 46.40 is amended by adding new sections to read:                                                   
04           Article 1. Development of Alaska Coastal Management Program.                                                
05            Sec. 46.40.310. Alaska Coastal Policy Board. (a) The Alaska Coastal Policy                                 
06       Board is created in the Department of Commerce, Community, and Economic                                         
07       Development. The board consists of the following:                                                               
08                 (1)  nine public members and nine alternate public members appointed                                    
09       by the governor from a list composed of at least three names from each region,                                    
10       nominated and submitted by the coastal districts of each region; one public member                                
11       and one alternate public member shall be appointed from each of the following                                   
12       regions:                                                                                                        
13                      (A)  northwest Alaska, including, generally, the area of the                                       
14            North Slope Borough and the Northwest Arctic Borough;                                                        
15                      (B)  Bering Strait, including, generally, the area of the Bering                                   
01            Strait regional educational attendance area and the City of Nome;                                            
02                      (C)  southwest Alaska, including, generally, the area within the                                   
03            Lower Yukon, Lower Kuskokwim, and Southwest regional educational                                             
04            attendance areas, the City of Bethel, the City of Dillingham, the Lake and                                   
05            Peninsula Borough, and the Bristol Bay Borough;                                                              
06                      (D)  Kodiak-Aleutians, including the area of the Kodiak Island                                     
07            Borough, the Aleutian East Borough, and the Aleutian, Adak, and Pribilof                                     
08            regional educational attendance areas;                                                                       
09                      (E)  Upper Cook Inlet, including the Municipality of Anchorage                                     
10            and the Matanuska-Susitna Borough;                                                                           
11                      (F)  Lower Cook Inlet, including, generally, the area within the                                   
12            Kenai Peninsula Borough;                                                                                     
13                      (G)  Prince William Sound, including, generally, the area east of                                  
14            the Kenai Peninsula Borough to 141 West longitude;                                                           
15                      (H)  northern Southeast Alaska, including the area southeast of                                    
16            141 West longitude and north of 57 North latitude, including the entirety of the                             
17            City and Borough of Sitka; and                                                                               
18                      (I)  southern Southeast Alaska, including that portion of                                          
19            Southeast Alaska not contained within the area described in (H) of this                                      
20            paragraph;                                                                                                   
21                 (2)  each of the following designated members:                                                          
22                      (A)  the commissioner of environmental conservation;                                               
23                      (B)  the commissioner of fish and game;                                                            
24                      (C)  the commissioner of natural resources; and                                                    
25                      (D)  the commissioner of commerce, community, and economic                                         
26            development.                                                                                                 
27            (b)  Public members and alternate public members serve staggered terms of                                    
28       three years. The public member and the alternate public member of each region shall                               
29       be appointed to the same term. Except as provided by (f) of this section, each member                             
30       serves until a successor is appointed. A public member and an alternate public                                    
31       member may be reappointed.                                                                                        
01            (c)  If a public member serving under (a)(1) of this section is unable to attend a                           
02       meeting of the board, the alternate may attend.                                                                   
03            (d)  If a member serving under (a)(2) of this section is unable to attend a                                  
04       meeting of the board, a deputy commissioner, or the director of a division, in the same                           
05       department may attend and act in place of the member. The names of deputies or                                    
06       directors serving as alternates for members serving under (a)(2) of this section shall be                         
07       filed with the board.                                                                                             
08            (e)  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            (f)  The board may recommend that the governor remove a public member for                                    
12       cause.                                                                                                            
13            (g)  Five public members and two designated members of the board constitute                                  
14       a quorum, but action may not be taken without the affirmative votes of at least six                               
15       members. The board may delegate to one or more of its members the power to hold                                   
16       hearings. All decisions of the board shall be by a majority vote of the members present                           
17       and voting.                                                                                                       
18            (h)  The board shall meet at least four times a year and as often as necessary to                            
19       fulfill its duties under this chapter. Meetings may be held and members may vote                                  
20       telephonically, except one board meeting a year shall be held in person.                                          
21            (i)  Public members and alternate public members, attending in the place of                                  
22       public members, of the board are entitled to per diem and travel expenses authorized                              
23       by law for members of boards and commissions under AS 39.20.180.                                                  
24            (j)  Administrative support for the board shall be provided by staff of the                                  
25       department, who shall be in the classified service. The department, under the direction                           
26       of the board, shall contract with or employ personnel or consultants the department                               
27       considers necessary to assist the board in carrying out the board's duties and                                    
28       responsibilities.                                                                                                 
29            Sec. 46.40.320. Powers and duties of the board. (a) The board shall                                      
30                 (1)  review and approve regulations necessary to implement the Alaska                                   
31       coastal management program in conformity with this chapter and 16 U.S.C. 1451 -                                   
01       1466 (Coastal Zone Management Act of 1972);                                                                     
02                 (2)  direct the department to seek approval of the Alaska coastal                                       
03       management program by the National Oceanic and Atmospheric Administration,                                      
04       Office of Ocean and Coastal Resource Management, in conformity with this chapter                                
05       and 16 U.S.C. 1451 - 1466 (Coastal Zone Management Act of 1972);                                                
06                 (3)  initiate an interagency program of strategic coastal and ocean                                     
07       planning for each geographic region of the state;                                                             
08                 (4)  after receiving the department's recommendations, review and                                       
09       approve coastal district management plans, including the local enforceable policies of                            
10       the plans, that meet the provisions of this chapter and the district plan criteria;                             
11                 (5)  establish continuing coordination among state agencies to facilitate                               
12       the development and implementation of the Alaska coastal management program;                                    
13                 (6)  evaluate the effectiveness of district coastal management plans; and                               
14                 (7)  direct the department to apply for and accept grants, contributions,                               
15       and appropriations, including federal funds that may become available for coastal                                 
16       planning and management.                                                                                          
17            (b)  The board may                                                                                           
18                 (1)  contract for necessary services;                                                                   
19                 (2)  take any reasonable action necessary to carry out the provisions of                                
20       this chapter.                                                                                                     
21            Sec. 46.40.330. Division of ocean and coastal management. The division of                                  
22       ocean and coastal management is created in the department. The division shall                                   
23                 (1)  render, on behalf of the state, all federal consistency determinations                             
24       and certifications authorized by 16 U.S.C. 1456 (sec. 307, Coastal Zone Management                              
25       Act of 1972) and each conclusive state consistency determination when a project                                 
26       requires a permit or lease from two or more state resource agencies;                                            
27                 (2)  develop and, after approval by the board under AS 46.40.320(a)(1),                                 
28       adopt regulations necessary to implement this chapter under AS 44.62 (Administrative                            
29       Procedure Act);                                                                                                 
30                 (3)  ensure the continued provision of data and information to coastal                                  
31       districts to carry out their planning and management functions under the program; and                             
01                 (4)  develop and maintain a program of financial assistance to aid                                      
02       coastal districts in the development and implementation of district coastal                                     
03       management plans.                                                                                               
04            Sec. 46.40.340. Alaska coastal management program regulations. The                                         
05       department shall develop regulations that include                                                               
06                 (1)  statewide standards for the Alaska coastal management program,                                     
07       and criteria for the preparation and approval of district coastal management plans; and                         
08                 (2)  consistency review procedures in accordance with this chapter,                                     
09       including provisions for                                                                                      
10                      (A)  review of activities proposed or permitted by a state or                                      
11            federal agency;                                                                                            
12                      (B)  the types of activities that will trigger a consistency review;                             
13                      (C)  review of phased activities and uses;                                                       
14                      (D)  public notice and opportunities for public comment;                                         
15                      (E)  elevation of determinations to the commissioners of the                                       
16            resource agencies;                                                                                         
17                      (F)  establishment of review timelines;                                                            
18                      (G)  exclusion from a consistency review for a project of                                          
19                           (i)  aspects of activities that are covered by a general                                    
20                 permit previously found consistent with the Alaska coastal                                            
21                 management program; and                                                                               
22                           (ii)  routine activities with insignificant effects to coastal                                
23                 uses or resources.                                                                                  
24            Sec. 46.40.350. Objectives. The Alaska coastal management program must be                                  
25       consistent with the following objectives:                                                                       
26                 (1)  the use, management, restoration, and enhancement of the overall                                   
27       quality of the coastal environment for this generation and succeeding generations;                            
28                 (2)  the development of industrial or commercial enterprises that are                                   
29       consistent with the social, cultural, historic, economic, and environmental interests of                        
30       the people of the state;                                                                                        
31                 (3)  the orderly, balanced use and protection of the resources of the                                   
01       coastal area consistent with sound conservation and sustained yield principles;                               
02                 (4)  the management of coastal land and water uses in such a manner                                     
03       that, generally, those uses that are economically or physically dependent on a coastal                          
04       location are given higher priority when compared to uses that do not economically or                            
05       physically require a coastal location;                                                                        
06                 (5)  the protection and management of significant historic, cultural,                                   
07       natural, and aesthetic resources and natural systems or processes within the coastal                            
08       area;                                                                                                           
09                 (6)  the prevention of damage to or degradation of land and water                                       
10       reserved for their natural values as a result of inconsistent land or water uses adjacent                       
11       to that land or water;                                                                                          
12                 (7)  the recognition of the need for a continuing supply of energy to                                   
13       meet the requirements of the state and the contribution of a share of the state's                               
14       resources to meet national energy needs;                                                                      
15                 (8)  the full and fair evaluation of all demands on and uses of the land                                
16       and water in the coastal area;                                                                                
17                 (9)  the coordination of planning and decision making in the coastal                                    
18       area among levels of government and individuals engaging in, or affected by,                                      
19       activities that involve the coastal resources of the state;                                                       
20                 (10)  the participation of the public, local governments, and agencies of                               
21       the state and federal governments in the development and implementation of a coastal                              
22       management program;                                                                                             
23                 (11)  the requirement that state resource agencies carry out their duties,                              
24       powers, and responsibilities that affect the use of coastal area resources in accordance                        
25       with the coastal management program established by this chapter.                                                
26            Sec. 46.40.360. Development of district coastal management plans. (a)                                      
27       Coastal districts shall develop and adopt district coastal management plans in                                  
28       accordance with the provisions of this chapter. The plan developed and adopted by a                             
29       coastal district shall be based on a municipality's existing comprehensive plan or a                            
30       new comprehensive resource use plan or comprehensive statement of needs, policies,                              
31       objectives, and standards governing the use and conservation of resources within the                            
01       coastal area of the district. The plan must meet the district plan criteria adopted under                       
02       AS 46.40.340 and must include                                                                                   
03                 (1)  a delineation within the district of the boundaries of the coastal area                            
04       subject to the district coastal management plan;                                                              
05                 (2)  a statement, list, or definition of the land and water uses and                                    
06       activities subject to the district coastal management plan;                                                     
07                 (3)  a statement of enforceable policies to be applied to all the land and                              
08       water uses subject to the district coastal management plan;                                                     
09                 (4)  a designation of any special management areas;                                                   
10                 (5)  a statement of the enforceable policies that will be applied to the                                
11       use of special management areas.                                                                                  
12            (b)  The board shall approve an initial or amended district coastal management                               
13       plan if the                                                                                                       
14                 (1)  plan meets the requirements of this chapter and the district plan                                  
15       criteria adopted by the department in regulation; and                                                             
16                 (2)  enforceable policies of the plan                                                                   
17                      (A)  do not duplicate, restate, or incorporate by reference state                                  
18            or federal statutes or regulations;                                                                          
19                      (B)  are not preempted by federal or state law;                                                    
20                      (C)  do not arbitrarily or unreasonably restrict a use of state                                    
21            concern;                                                                                                     
22                      (D)  are clear and concise as to the activities and persons                                        
23            affected by the policies and the requirements of the policies;                                               
24                      (E)  use prescriptive or performance-based standards that are                                      
25            written in precise and enforceable language; and                                                             
26                      (F)  address a coastal use or resource of concern to the residents                                 
27            of the coastal district as demonstrated by local knowledge or supported by                                   
28            scientific evidence.                                                                                         
29            Sec. 46.40.370. Implementation of district coastal management plans. (a) A                                 
30       district coastal management plan approved under AS 46.40.360 for a coastal district                             
31       that does not have and exercise zoning or other controls on the use of resources within                         
01       the coastal area shall be implemented by appropriate state agencies. Implementation                             
02       shall be in accordance with the comprehensive use plan or the statement of needs,                                 
03       policies, objectives, and standards adopted by the district.                                                  
04            (b)  A coastal district that has and exercises zoning or other controls on the use                           
05       of resources within the coastal area shall implement its district coastal management                            
06       plan. Implementation shall be in accordance with the comprehensive use plan or the                                
07       statement of needs, policies, objectives, and standards adopted by the district.                                
08            Sec. 46.40.380. Compliance and enforcement. (a) Municipalities and state                                   
09       resource agencies shall administer land and water use regulations or controls in                                
10       conformity with district coastal management plans approved and adopted under this                               
11       chapter.                                                                                                        
12            (b)  The superior courts of the state have jurisdiction to enforce lawful orders                             
13       of the board and the department under this chapter.                                                             
14          Article 2. Coastal Management Plans in the Unorganized Borough.                                              
15            Sec. 46.40.390. Coastal management plans in the unorganized borough. A                                     
16       coastal resource service area organized under AS 46.40.400 - 46.40.450 shall exercise                             
17       those authorities and perform those duties required under this chapter.                                       
18            Sec. 46.40.400. Coastal resource service areas. (a) Except as provided in (b)                              
19       and (d) of this section, each regional educational attendance area established under                            
20       AS 14.08.031 that contains a portion of the coastal area of the state may be organized                          
21       as a coastal resource service area.                                                                               
22            (b)  The commissioner may, after public hearings held in the affected area,                                
23       consolidate two or more regional educational attendance areas as a single coastal                               
24       resource service area, if                                                                                       
25                 (1)  the federal government exercises exclusive jurisdiction over a                                     
26       substantial portion of the coastal area;                                                                          
27                 (2)  a substantial portion of the coastal area is held in trust for Alaska                              
28       Natives by the federal government and the state does not exercise control as to use of                            
29       that area; or                                                                                                   
30                 (3)  after giving due consideration to the standards applicable to                                      
31       incorporation of borough governments and the likelihood that a borough may be                                   
01       incorporated within the area, the commissioner determines that the functions                                    
02       performed by a resource service area under this chapter will be undertaken more                                 
03       efficiently through consolidating two or more regional educational attendance areas as                          
04       a single coastal resource service area.                                                                           
05            (c)  A determination by the commissioner under (b) of this section may be                                    
06       made only before a coastal resource service area is organized under (a) of this section.                          
07            (d)  For purposes of coastal management only, the commissioner of the                                        
08       department may, after public hearings held in the affected regional educational                                   
09       attendance area, divide an existing regional educational attendance area into three or                            
10       fewer coastal resource service areas according to geographic, cultural, economic,                                 
11       environmental, or other features relevant to coastal management planning. Each                                    
12       coastal resource service area formed by dividing an existing regional educational                                 
13       attendance area under this subsection must contain at least one first class or home rule                          
14       city.                                                                                                             
15            (e)  A city within a coastal resource service area that has been formed by the                               
16       division of a regional educational attendance area under (d) of this section may not                              
17       elect to exclude itself from that coastal resource service area.                                                  
18            Sec. 46.40.410. Establishment of coastal resource service areas. (a) A                                     
19       coastal resource service area may be established by a vote held under AS 46.40.430 if                           
20                 (1)  a petition, signed by a number of registered voters equal to at least                            
21       15 percent of the number of votes cast in the proposed coastal resource service area at                         
22       the last state general election, is submitted to the board; or                                                  
23                 (2)  a resolution, approved by the city council or traditional village                                
24       council of at least 25 percent of the number of cities and villages in the proposed                             
25       coastal resource service area, is submitted to the board.                                                       
26            (b)  If the board receives a petition submitted under (a)(1) of this section or a                            
27       resolution submitted under (a)(2) of this section, the board shall request that the                               
28       lieutenant governor hold a vote under AS 46.40.430 as to whether the proposed coastal                             
29       resource service area should be established. The lieutenant governor, not less than 60                            
30       nor more than 90 days after receiving the board's request that an election be held, shall                       
31       administer an election on the question in the proposed coastal resource service area.                           
01            Sec. 46.40.420. Coastal resource service area boards. (a) Each coastal                                     
02       resource service area shall have an elected service area board representing the                                 
03       population of the service area. The service area board shall have the powers and duties                           
04       of and perform the functions prescribed for or required of a coastal district.                                
05            (b)  A coastal resource service area board shall contain seven members. Board                              
06       members shall be elected at large by the qualified voters of the coastal resource                                 
07       service area.                                                                                                   
08            (c)  The term of office of a member of a coastal resource service area board is                              
09       three years. Members serve until their successors are elected and have qualified. This                          
10       section does not prohibit the reelection of a member of a service area board.                                   
11            (d)  The lieutenant governor shall provide for the election of the members of                                
12       coastal resource service area boards.                                                                           
13            (e)  Election of members of coastal resource service area boards shall be held                               
14       annually on the date of election of members of regional educational attendance area                             
15       boards under AS 14.08.071(b). If no candidate files for election to a seat on the coastal                         
16       resource service area board, the seat is considered vacant at the time a newly elected                          
17       member would have taken office.                                                                               
18            (f)  A seat on a coastal resource service area board shall be declared vacant by                             
19       the board if the criteria under AS 14.08.045(a) apply to the person elected. A vacancy                          
20       on a coastal resource service area board shall be filled by appointment as provided in                            
21       AS 14.12.070 for vacancies in the membership of regional educational attendance area                              
22       boards.                                                                                                         
23            (g)  Members of coastal resource service area boards are subject to recall on                                
24       the same grounds and in the same manner as provided for recall of municipal officials                             
25       in AS 29.26.240 - 29.26.350. The lieutenant governor functions in place of the                                    
26       assembly or council and municipal clerk for receipt and review of recall petitions and                            
27       the conduct of recall elections.                                                                                  
28            (h)  Members of a coastal resource service area board are entitled to per diem                               
29       and travel expenses authorized by law for members of boards and commissions under                                 
30       AS 39.20.180 and honorariums for coastal resource service area board meetings                                     
31       attended in person.                                                                                               
01            Sec. 46.40.430. Elections in coastal resource service areas. Elections under                               
02       AS 46.40.390 - 46.40.450 shall be administered by the lieutenant governor in the                                
03       general manner provided in AS 15 (Alaska Election Code). In addition, the lieutenant                            
04       governor may adopt regulations necessary to the conduct of coastal resource service                             
05       area board elections. The state shall pay all election costs.                                                   
06            Sec. 46.40.440. Preparation of district coastal management plan by the                                     
07       Department of Commerce, Community, and Economic Development. (a) If                                             
08       residents of a proposed coastal resource service area reject organization of the service                          
09       area at an election called for the purpose under AS 46.40.410 and the Alaska Coastal                              
10       Policy Board finds, after public hearing, that major economic development activity has                            
11       occurred or will occur within the service area, the board may direct the Department of                            
12       Commerce, Community, and Economic Development to prepare and recommend for                                        
13       consideration by the board a district coastal management plan for the proposed service                            
14       area.                                                                                                             
15            (b)  At the request of the board, the Department of Commerce, Community,                                     
16       and Economic Development shall complete the district coastal management plan for a                                
17       coastal resource service area that has been organized but that has failed to make                                 
18       substantial progress in the preparation of an approvable district coastal management                              
19       program within 18 months after certification of the results of an organization election                           
20       or that has not submitted for approval to the board a program within 30 months after                              
21       certification of the results of its organization election. The department shall complete                          
22       the plan in accordance with this chapter and the guidelines and standards adopted by                              
23       the board. Preparation of the plan shall be conducted in consultation with the coastal                            
24       resource service area and shall, to the maximum extent consistent with this chapter,                              
25       reflect the expressed concerns of the residents of the service area.                                              
26            (c)  Before requesting the department to complete a district coastal                                         
27       management plan under (b) of this section, the Alaska Coastal Policy Board shall meet                             
28       with the members of the coastal resource service area board to determine whether the                              
29       coastal resource service area board is able to complete a district coastal management                             
30       plan within the time limitations established in this section.                                                     
31            Sec. 46.40.450. Approval of plans in coastal resource service areas. (a)                                   
01       Before adoption by a coastal resource service area board, a district coastal                                    
02       management plan must be submitted for review to each city or village within the                                   
03       coastal resource service area. The council of a city or traditional village council shall                       
04       consider the plan submitted for review. Within 60 days after submission, the council                            
05       of a city or traditional village council shall either approve the plan or enter objections                      
06       to all or any portion of the plan.                                                                            
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 meets the district plan criteria adopted under this                         
13       chapter may be accepted by the district, and the district coastal management plan                               
14       modified accordingly. If a city or village fails to provide objections and suggested                            
15       alternatives within the time limits established in this section, the coastal resource                           
16       service area board may adopt the district coastal management plan as initially offered.                       
17            (c)  Objection by a city council under (b) of this section is limited to objection                           
18       to elements of the plan affecting resources or the use of resources within the corporate                        
19       limits of the city. Objection by a traditional village council under (b) of this section is                     
20       limited to objection to elements of the plan affecting resources or the use of resources                          
21       within the village or within two miles of the village.                                                            
22                       Article 3. General Provisions.                                                                  
23            Sec. 46.40.460. Cooperative administration. (a) A city within the coastal area                             
24       that is not part of a coastal resource service area shall be included for purposes of this                      
25       chapter within an adjacent coastal resource service area unless its governing body, by                          
26       resolution adopted by a majority of its membership, chooses to exclude the city from                            
27       an adjacent coastal resource service area and a copy of the resolution is filed with the                        
28       commissioner of commerce, community, and economic development.                                                  
29            (b)  This chapter does not restrict or prohibit cooperative or joint                                         
30       administration of functions between a municipality and a coastal resource service area                            
31       organized under this chapter upon initiation of a mutual agreement for the purpose.                               
01            Sec. 46.40.470. Construction with other laws. Nothing in this chapter shall                                
02       be construed to                                                                                                   
03                 (1)  diminish state jurisdiction, responsibility, or rights in the field of                             
04       planning, development, or control of land or water resources, submerged land, or                                
05       navigable water;                                                                                                
06                 (2)  affect in any way any state requirement imposed under a federal                                    
07       authorization or federal waiver of sovereign immunity; or                                                       
08                 (3)  diminish the zoning or planning authority of municipalities under                                  
09       AS 29.                                                                                                          
10            Sec. 46.40.500. Definitions. In this chapter, unless the context otherwise                                 
11       requires,                                                                                                       
12                 (1)  "affected coastal district" means a coastal district with a publicly                               
13       reviewed draft or approved plan in which a project is proposed to be located or that                            
14       may experience a direct and significant impact from a proposed project;                                       
15                 (2)  "board" means the Alaska Coastal Policy Board established in                                       
16       AS 46.40.310;                                                                                                   
17                 (3)  "coastal district" means each of the following that contains a                                     
18       portion of the coastal area of the state:                                                                       
19                      (A)  unified municipalities;                                                                     
20                      (B)  organized boroughs of any class that exercise planning and                                    
21            zoning authority;                                                                                            
22                      (C)  home rule and first class cities of the unorganized borough                                   
23            or within boroughs that do not exercise planning and zoning authority;                                     
24                      (D)  second class cities of the unorganized borough, or within                                     
25            boroughs that do not exercise planning and zoning authority, that have                                       
26            established a planning commission and that, in the opinion of the                                          
27            commissioner of commerce, community, and economic development, have the                                      
28            capability of preparing and implementing a district coastal management plan                                  
29            under AS 46.40.360;                                                                                        
30                      (E)  coastal resource service areas established and organized                                      
31            under AS 29.03.020 and AS 46.40.400 - 46.40.450;                                                             
01                 (4)  "coastal use or resource" means a land or water use or natural                                     
02       resource of the coastal zone; in this paragraph, "use or resource" includes public                                
03       access, recreation, fishing, historic or cultural preservation, development, hazards                              
04       management, marinas, floodplain management, scenic and aesthetic enjoyment,                                       
05       resource creation or restoration projects, air, tidal and nontidal wetlands, ocean waters,                        
06       estuaries, rivers, streams, lakes, aquifers, submerged aquatic vegetation, land, plants,                          
07       trees, minerals, fish, shellfish, invertebrates, amphibians, birds, mammals, reptiles, and                        
08       other biological and physical resources found in the coastal zone on a regular or                                 
09       cyclical basis;                                                                                                   
10                 (5)  "coastal zone" means the coastal water, including land within and                                  
11       under that water, and adjacent shoreland, including the water within and under that                               
12       shoreland, within the boundaries approved by the former Alaska Coastal Policy                                     
13       Council and by the United States Secretary of Commerce under 16 U.S.C. 1451 - 1466                                
14       (Coastal Zone Management Act of 1972) and areas added as a result of any boundary                                 
15       changes approved by the board and by the United States Secretary of Commerce under                                
16       16 U.S.C. 1451 - 1466 (Coastal Zone Management Act of 1972); "coastal zone" does                                  
17       not include                                                                                                       
18                      (A)  those lands excluded under 16 U.S.C. 1453(1); or                                              
19                      (B)  areas deleted as a result of any boundary changes by the                                      
20            board in conformity with 16 U.S.C. 1451 - 1466 (Coastal Zone Management                                      
21            Act of 1972);                                                                                                
22                 (6)  "consistency review" means the evaluation of a proposed project                                    
23       against the statewide standards and the approved enforceable policies of an affected                              
24       coastal district under the process developed by the department and approved by the                                
25       board;                                                                                                            
26                 (7)  "department" means the Department of Commerce, Community,                                          
27       and Economic Development;                                                                                         
28                 (8)  "direct and significant impact" means an activity that proximately                                 
29       contributes to a material change or alteration in the natural or social characteristics of                        
30       a part of the state's coastal area and that                                                                       
31                      (A)  would have a net adverse effect on the quality of the                                         
01            resources of the coastal area;                                                                               
02                      (B)  would limit the range of alternative uses of the resources of                                 
03            the coastal area; or                                                                                         
04                      (C)  would, of itself, constitute a tolerable change or alteration                                 
05            of the resources within the coastal area but that, cumulatively, would have an                               
06            adverse effect;                                                                                              
07                 (9)  "district coastal management plan" means a plan, including the                                     
08       enforceable policies of that plan, that sets out policies and standards to guide public                           
09       and private uses of land and water within that district and approved by the board as                              
10       meeting the requirements of this chapter and the regulations adopted under this                                   
11       chapter;                                                                                                          
12                 (10)  "elevation" means a review of a proposed consistency                                              
13       determination by the commissioners of the resource agencies;                                                      
14                 (11)  "enforceable policy" means a policy established by this chapter or                                
15       approved by the board as a legally binding policy of the Alaska coastal management                                
16       program applicable to public and private activities;                                                              
17                 (12)  "local knowledge" means a body of knowledge or information                                        
18       about the coastal environment or the human use of that environment, including                                     
19       information passed down through generations, if that information is                                               
20                      (A)  derived from experience and observations; and                                                 
21                      (B)  generally accepted by the local community;                                                    
22                 (13)  "project" means all activities affecting a coastal use or resource;                               
23                 (14)  "resource agency" means                                                                           
24                      (A)  the Department of Environmental Conservation;                                                 
25                      (B)  the Department of Fish and Game; or                                                           
26                      (C)  the Department of Natural Resources;                                                          
27                 (15)  "scientific evidence" means facts or data that are                                                
28                      (A)  premised on established chemical, physical, biological, or                                    
29            ecosystem management principles as obtained through scientific method and                                    
30            submitted to the department to furnish proof of a matter required under this                                 
31            chapter;                                                                                                     
01                      (B)  in a form that would allow resource agency review for                                         
02            scientific merit; and                                                                                        
03                      (C)  supported by one or more of the following:                                                    
04                           (i)  written analysis based on field observation and                                          
05                 professional judgment along with photographic documentation;                                            
06                           (ii)  written analysis from a professional scientist with                                     
07                 expertise in the specific discipline; or                                                                
08                           (iii)  site-specific scientific research that may include                                     
09                 peer-review level research or literature;                                                               
10                 (16)  "special management area" means a delineated geographic area                                      
11       within the coastal area that is sensitive to change or alteration and that, because of                            
12       plans or commitments or because a claim on the resources within the area delineated                               
13       would preclude subsequent use of the resources to a conflicting or incompatible use,                              
14       warrants special management attention, or that, because of its value to the general                               
15       public, should be identified for current or future planning, protection, or acquisition;                          
16                 (17)  "use of state concern" means a land and water use that would                                      
17       significantly affect the long-term public interest and                                                            
18                      (A)  uses of national interest, including the use of resources for                                 
19            the siting of ports and major facilities that contribute to meeting national                                 
20            energy needs, construction and maintenance of navigational facilities and                                    
21            systems, resource development of federal land, and national defense and                                      
22            related security facilities that are dependent on coastal locations;                                         
23                      (B)  uses of more than local concern, including those land and                                     
24            water uses that confer significant environmental, social, cultural, or economic                              
25            benefits or burdens beyond a single coastal district;                                                        
26                      (C)  the siting of major energy facilities, activities under a state                               
27            oil and gas lease, a state gas only lease, or a federal oil and gas lease, or large-                         
28            scale industrial or commercial development activities that are dependent on a                                
29            coastal location and that, because of their magnitude or the magnitude of their                              
30            effect on the economy of the state or the surrounding area, are reasonably                                   
31            likely to present issues of more than local significance;                                                    
01                      (D)  facilities serving statewide or interregional transportation                                  
02            and communication needs; and                                                                                 
03                      (E)  uses in areas established as state parks or recreational areas                                
04            under AS 41.21, or as state refuges, game sanctuaries, or critical habitat areas                             
05            under AS 16.20;                                                                                              
06                 (18)  "village" means an unincorporated community where at least 25                                     
07       persons reside as a social unit as determined by the department.                                                
08    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
09 read:                                                                                                                   
10       TRANSITION. (a) Notwithstanding the provisions of this Act, coastal districts,                                    
11 coastal resource service areas, coastal district boundaries, and coastal management plans that                          
12 were in effect on June 30, 2011, are revived on the effective date of this Act and, until                               
13 modified under the provisions of this Act, are incorporated into the Alaska coastal                                     
14 management program established under this Act.                                                                          
15       (b)  Within one year of the effective date of the regulations implementing sec. 1 of this                         
16 Act, each coastal district shall review its coastal management plan. If, in the judgment of the                         
17 coastal district, changes to the district's coastal management plan are necessary to meet the                           
18 requirements of this Act, the district shall submit a revised coastal management plan to the                            
19 department.                                                                                                             
20       (c)  In this section, "coastal district" has the meaning given in AS 46.40.500, enacted                           
21 by sec. 1 of this Act.