CSSB 45(CRA) am(fld H): "An Act extending the termination date of the Alaska coastal management program and relating to the extension; relating to the review of activities and regulations of the Alaska coastal management program; establishing the Alaska Coastal Policy Board; relating to the development, review, and approval of district coastal management plans; relating to the duties of the Department of Natural Resources relating to the Alaska coastal management program; relating to the review of certain consistency determinations; providing for an effective date by amending the effective date of secs. 1 - 13 and 18, ch. 31, SLA 2005; and providing for an effective date."
00 CS FOR SENATE BILL NO. 45(CRA) am(fld H) 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. If a public member is removed, the alternate member shall 03 serve the remainder of the term, and a new alternate shall be appointed under (a)(1) of 04 this section. In this subsection, "for cause" includes lack of contribution to the board's 05 work, neglect of duty, incompetence, inability to serve, poor attendance, and 06 misconduct in office. 07 (d) The board shall designate co-chairs, one of whom shall be selected from 08 among the public members appointed under (a)(1) of this section and one from among 09 the members designated in (a)(2) of this section. 10 (e) If a member serving under (a)(1) of this section is unable to attend, the 11 alternate may attend. The names of alternates serving under (a)(1) of this section shall 12 be filed with the board. 13 (f) If a member serving under (a)(2) of this section is unable to attend, a 14 deputy commissioner in the same department may attend and act in place of the 15 member. The names of deputy commissioners serving as alternates for members 16 serving under (a)(2) of this section shall be filed with the board. 17 (g) Three public members and three designated members of the board 18 constitute a quorum. However, action may be taken only upon the affirmative vote of 19 at least two-thirds of the full membership of the board. 20 (h) The board shall meet at least four times a year and as often as necessary to 21 fulfill its duties under this chapter and AS 46.40. Meetings may be held and members 22 may vote telephonically, except one board meeting a year shall be held in person. 23 (i) Public members of the board are entitled to per diem and travel expenses 24 authorized by law for members of boards and commissions. 25 (j) Administrative support for the board shall be provided by the division in 26 the department responsible for coastal and ocean management. The director of the 27 division in the department responsible for coastal and ocean management may contract 28 with or employ persons as necessary to assist the board in carrying out the board's 29 duties and responsibilities. 30 (k) The board shall 31 (1) make recommendations to the department relating to the approval
01 or modification of a district coastal management plan under AS 46.40.060(b); 02 (2) provide a forum for the discussion of issues related to this chapter, 03 AS 46.40, and the coastal uses and resources of the state; and 04 (3) annually solicit from state and federal agencies information as to 05 whether they implemented any new statutes or regulations affecting coastal uses or 06 resources to determine if existing enforceable policies duplicate, restate, incorporate 07 by reference, rephrase, or adopt the new state or federal statutes or regulations, and if 08 so, direct a coastal resource district with such enforceable policies to resubmit its 09 coastal management plan for review under this chapter and AS 46.40; and 10 (4) review and provide comments to the department on regulations 11 proposed under this chapter and AS 46.40. 12 * Sec. 4. AS 46.39.010 is amended by adding a new subsection to read: 13 (d) Not later than January 20 each year, the department shall prepare an annual 14 report summarizing the department's efforts to draft and adopt regulations under this 15 chapter and AS 46.40 during the prior calendar year. The department shall notify the 16 legislature that the report is available and shall also post the report on the department's 17 Internet website. 18 * Sec. 5. AS 46.39.030 is amended to read: 19 Sec. 46.39.030. Powers of the department. The department may 20 (1) apply for and accept grants, contributions, and appropriations, 21 including application for and acceptance of federal funds that may become available 22 for coastal planning and management; 23 (2) contract for necessary services; 24 (3) consult and cooperate with 25 (A) persons, organizations, and groups, public or private, 26 interested in, affected by, or concerned with coastal area planning and 27 management; 28 (B) agents and officials of the coastal resource districts of the 29 state, the Alaska Coastal Policy Board established in AS 46.39.005, and 30 federal and state agencies concerned with or having jurisdiction over coastal 31 planning and management;
01 (4) take any reasonable action necessary to carry out the provisions of 02 this chapter or AS 46.40. 03 * Sec. 6. AS 46.39.040 is amended to read: 04 Sec. 46.39.040. Duties of the department. In conformity with 16 U.S.C. 1451 05 - 1464 (Coastal Zone Management Act of 1972), as amended, the department shall 06 (1) develop statewide standards for the Alaska coastal management 07 program, and criteria for the preparation and approval of district coastal management 08 plans in accordance with AS 46.40; 09 (2) establish continuing coordination among state agencies to facilitate 10 the development and implementation of the Alaska coastal management program; in 11 carrying out its duties under this paragraph, the department shall initiate an 12 interagency program of comprehensive coastal resource planning for each geographic 13 region of the state; 14 (3) assure continued provision of [DATA AND] information to coastal 15 resource districts to carry out their planning and management functions under the 16 program; in providing information to a coastal resource district and coastal 17 resource service area under this paragraph, the department shall provide the 18 information by electronic transmission, or by mail if the addressee does not have 19 an electronic mail address, to the presiding officer of the governing body of the 20 coastal resource district and to other persons as may be designated in writing by 21 the district; 22 (4) summarize the minutes of the board's discussion of issues 23 related to this chapter, AS 46.40, and coastal uses and resources of the state. 24 * Sec. 7. AS 46.40.030 is amended to read: 25 Sec. 46.40.030. Development of district coastal management plans. (a) 26 Coastal resource districts shall develop and adopt district coastal management plans in 27 accordance with the provisions of this chapter. The plan adopted by a coastal resource 28 district shall be based upon a municipality's existing comprehensive plan or a new 29 comprehensive resource use plan or comprehensive statement of needs, policies, 30 objectives, and standards governing the use of resources within the coastal area of the 31 district. The plan must meet the [STATEWIDE STANDARDS AND] district plan
01 criteria adopted under AS 46.40.040, may not be inconsistent with the standards 02 adopted under AS 46.40.040, 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 the land and 08 water uses subject to the district coastal management plan; and 09 (4) [A DESCRIPTION OF THE USES AND ACTIVITIES THAT 10 WILL BE CONSIDERED PROPER AND THE USES AND ACTIVITIES THAT 11 WILL BE CONSIDERED IMPROPER WITH RESPECT TO THE LAND AND 12 WATER WITHIN THE COASTAL AREA; AND 13 (5)] a designation of any [, AND THE POLICIES THAT WILL BE 14 APPLIED TO THE USE OF,] areas which merit special attention under [WITHIN] 15 the district coastal management plan and a designation of the enforceable policies 16 that will be applicable within those areas which [RESOURCE DISTRICT THAT] 17 merit special attention. 18 (b) In developing enforceable policies in its coastal management plan under 19 (a) of this section, a coastal resource district shall meet the requirements of 20 AS 46.40.070 and ensure that the enforceable policies 21 (1) are clear and concise as to the activities and persons affected by 22 the policies; 23 (2) use prescriptive or performance-based standards that are 24 written in precise and enforceable language; 25 (3) address a coastal use or resource of concern to the residents of 26 the coastal resource district and consider the aggregate evidence relating to that 27 concern; and 28 (4) employ the least restrictive means to achieve the objective of 29 the enforceable policy [MEET THE REQUIREMENTS OF AS 46.40.070 AND 30 MAY NOT DUPLICATE, RESTATE, OR INCORPORATE BY REFERENCE 31 STATUTES AND ADMINISTRATIVE REGULATIONS ADOPTED BY STATE
01 OR FEDERAL AGENCIES]. 02 * Sec. 8. AS 46.40.030 is amended by adding new subsections to read: 03 (c) In determining whether an enforceable policy employs the least restrictive 04 means to achieve its objective, the following factors shall be considered: 05 (1) alternative methods of achieving the objective of the policy; 06 (2) the aggregate evidence relating to each alternative method; and 07 (3) how the alternative methods may affect other existing or potential 08 uses. 09 (d) Additional factors that the department may require be addressed in 10 determining whether an enforceable policy employs the least restrictive means to 11 achieve its objective are as follows: 12 (1) the economic effects of alternative methods; 13 (2) the technological feasibility of the alternative methods; and 14 (3) any other relevant factors. 15 * Sec. 9. AS 46.40.040(b) is amended to read: 16 (b) Notwithstanding any other provision of law, AS 46.03, AS 46.04, 17 AS 46.09, AS 46.14, and the regulations adopted under those statutes constitute the 18 exclusive enforceable policies of the Alaska coastal management program for those 19 purposes. For those purposes only, 20 (1) the issuance of permits, certifications, approvals, and 21 authorizations by the Department of Environmental Conservation establishes 22 consistency with the Alaska coastal management program for those activities of a 23 proposed project subject to those permits, certifications, approvals, and authorizations; 24 (2) for a consistency review of an activity that does not require a 25 Department of Environmental Conservation permit, certification, approval, or 26 authorization because the activity is a federal activity or the activity is located on 27 federal land or the federal outer continental shelf, consistency with AS 46.03, 28 AS 46.04, AS 46.09, and AS 46.14 and the regulations adopted under those statutes 29 shall be established on the basis of whether the Department of Environmental 30 Conservation finds that the activity satisfies the requirements of those statutes and 31 regulations.
01 * Sec. 10. AS 46.40.050 is amended by adding a new subsection to read: 02 (c) A coastal resource district shall resubmit its coastal management plan, as 03 may be directed by the board under AS 46.39.005(k)(3). 04 * Sec. 11. AS 46.40.060(a) is amended to read: 05 (a) If, upon submission of a district coastal management plan for approval, the 06 department finds that the plan meets the provisions of this chapter [AND THE 07 STATEWIDE STANDARDS AND DISTRICT PLAN CRITERIA ADOPTED BY 08 THE DEPARTMENT AND DOES NOT ARBITRARILY OR UNREASONABLY 09 RESTRICT OR EXCLUDE USES OF STATE CONCERN], the department may 10 approve the district coastal management plan, or may approve portions of the district 11 plan that meet those requirements. 12 * Sec. 12. AS 46.40.060(b) is amended to read: 13 (b) If the department finds that a district coastal management plan is not 14 approvable or is approvable only in part under (a) of this section, the department 15 shall explain in writing the basis for its decision. The coastal resource district that 16 submitted the plan may request that the department submit the plan or portions 17 of the plan to the board for review. The board shall review the plan or portions of 18 the plan and make recommendations relating to whether the department should 19 approve or modify the district coastal management plan in whole or in part [IT 20 SHALL DIRECT THAT DEFICIENCIES IN THE PLAN SUBMITTED BY THE 21 COASTAL RESOURCE DISTRICT BE MEDIATED. IN MEDIATING THE 22 DEFICIENCIES, THE DEPARTMENT MAY CALL FOR ONE OR MORE PUBLIC 23 HEARINGS IN THE DISTRICT. THE DEPARTMENT SHALL MEET WITH 24 OFFICIALS OF THE COASTAL RESOURCE DISTRICT IN ORDER TO 25 RESOLVE DIFFERENCES]. 26 * Sec. 13. AS 46.40.060(c) is amended to read: 27 (c) After the board has reviewed the district coastal management plan 28 and submitted recommendations under (b) of this section [IF, AFTER 29 MEDIATION, THE DIFFERENCES HAVE NOT BEEN RESOLVED], the 30 department shall enter findings and, by order, may [REQUIRE] 31 (1) approve the plan or portions of the plan;
01 (2) require that the district coastal management plan be amended to 02 meet [SATISFY] the provisions of this chapter [OR MEET THE STATEWIDE 03 STANDARDS] and district plan criteria adopted by the department; 04 (3) require [(2)] that the district coastal management plan be revised 05 to accommodate a use of state concern; or 06 (4) require the coastal resource district to submit additional 07 information if, in the judgment of the department, additional information is 08 necessary for the department to approve the plan or portions of the plan [(3) 09 ANY OTHER ACTION BE TAKEN BY THE COASTAL RESOURCE DISTRICT 10 AS APPROPRIATE]. 11 * Sec. 14. AS 46.40.060 is amended by adding new subsections to read: 12 (e) Only a coastal resource district affected by a decision of the department 13 under this section may request reconsideration of the decision. The request must be 14 made within 15 days after the decision, must be in writing, and must include a 15 statement of the specific issues and material facts that the coastal resource district 16 contends that the department overlooked, failed to consider, or misconceived. The 17 commissioner of natural resources may review the department's decision on the basis 18 of the request and determine whether the decision should be changed. The 19 commissioner may issue a determination in writing within 20 days after the issuance 20 of the decision. If the commissioner has not issued a written decision within the 20- 21 day period, the request for reconsideration shall be considered as denied. Denial of a 22 request for reconsideration is a final administrative order and decision of the 23 department. 24 (f) The superior courts of the state have jurisdiction to enforce orders of the 25 department entered under (c) and (e) of this section. 26 * Sec. 15. AS 46.40.070 is repealed and reenacted to read: 27 Sec. 46.40.070. Requirements for department review and approval. (a) The 28 department shall approve a district coastal management plan submitted for review and 29 approval if, as determined by the department, the 30 (1) district coastal management plan meets the requirements of this 31 chapter and the district plan criteria adopted by the department; and
01 (2) enforceable policies of the district coastal management plan 02 (A) do not duplicate, restate, incorporate by reference, 03 rephrase, or adopt state or federal statutes or regulations; 04 (B) are not preempted by or in conflict with state or federal 05 statutes or regulations; 06 (C) employ the least restrictive means to achieve the objective 07 of the enforceable policies; 08 (D) do not arbitrarily or unreasonably restrict uses of state 09 concern; and 10 (E) meet the requirements of (b) and (c) of this section. 11 (b) The enforceable policies in a district coastal management plan submitted 12 for review under this section that meet the requirements of (a) of this section may 13 establish new standards or requirements that are within the authority of a state or 14 federal agency unless 15 (1) a state agency specifically objects to the proposed new standards or 16 requirements on the grounds that the proposed standards or requirements 17 (A) are based on aggregate evidence that is relied upon by the 18 coastal resource district to satisfy the requirements of AS 46.40.030 but that 19 conflicts with the agency's interpretation of the aggregate evidence within the 20 agency's area of expertise; 21 (B) conflict with the agency's allocation of existing or planned 22 agency resources to meet state policies and objectives; or 23 (C) conflict with agency priorities or objectives, or other state 24 policies; 25 (2) the proposed new standards or requirements address discharges, 26 emissions, contaminants, conditions, risks, or other matters that fall within the 27 authority of the Department of Environmental Conservation under AS 46.03, 28 AS 46.04, AS 46.09, AS 46.14, and regulations adopted under those statutes. 29 (c) An approval of a district coastal management plan with enforceable 30 policies may not affect a person's rights or authorizations under an unexpired permit, 31 lease, or other valid existing right to explore or develop natural resources that predates
01 the date that the enforceable policy becomes final. An enforceable policy becomes 02 final when its adoption is no longer subject to further review through either a judicial 03 or administrative process. 04 (d) Notwithstanding AS 46.40.030(a)(4), in reviewing and approving a district 05 coastal management plan under (a) of this section, the department may not require a 06 district to designate areas for the purpose of developing an enforceable policy. 07 (e) In this section, "specifically objects" means that, during a review of a 08 district coastal management plan under AS 46.40.050 or 46.40.060 and their 09 implementing regulations, a written objection to the enforceable policy that establishes 10 the new standards or requirements is filed with the department by 11 (1) the commissioner or deputy commissioner of a state agency; or 12 (2) the attorney general of the state. 13 (f) Notwithstanding any other provision of this chapter, an enforceable policy 14 that establishes requirements within the authority of a state or federal agency shall be 15 superseded upon the enactment of a law or adoption of a regulation that is inconsistent 16 with the enforceable policy. 17 * Sec. 16. AS 46.40.096(d) is amended to read: 18 (d) In preparing a consistency review and determination for a proposed 19 project, the reviewing entity shall 20 (1) request consistency review comments for the proposed project 21 from state resource agencies, affected coastal resource districts, and other interested 22 parties as determined by regulation adopted by the department; 23 (2) prepare proposed consistency determinations; 24 (3) conduct an elevated review [COORDINATE SUBSEQUENT 25 REVIEWS] of proposed consistency determinations prepared under (2) of this 26 subsection; an elevated [A SUBSEQUENT] review of a proposed consistency 27 determination under this paragraph 28 (A) shall be conducted [IS LIMITED TO A REVIEW] by the 29 commissioners or deputy commissioners of the resource agencies 30 [DEPARTMENT]; 31 (B) may occur only if requested by
01 (i) the project applicant; 02 (ii) a state resource agency; or 03 (iii) an affected coastal resource district; and 04 (C) shall be completed with the issuance of a written order 05 signed by at least two of the commissioners or deputy commissioners of 06 the resource agencies [BY THE DEPARTMENT] within 60 [45] days after 07 the initial request for an elevated [SUBSEQUENT] review under this 08 paragraph; if a written order is not issued in accordance with this 09 subparagraph, the proposed consistency determination under (2) of this 10 subsection is the final consistency determination and certification; and 11 (4) render the final consistency determination and certification 12 consistent with this subsection. 13 * Sec. 17. AS 46.40.096(o) is amended to read: 14 (o) The time limitations in (n) of this section 15 (1) do not apply to a consistency review involving the disposal of an 16 interest in state land or resources; 17 (2) are suspended 18 (A) from the time the reviewing entity determines that the 19 applicant has not adequately responded in writing within 14 days after the 20 receipt of a written request from the reviewing entity for additional 21 information, until the time the reviewing entity determines that the applicant 22 has provided an adequate written response; 23 (B) during a period of time requested by the applicant; 24 (C) during the period of time a consistency review is 25 undergoing an elevated [A SUBSEQUENT] review under (d)(3) of this 26 section. 27 * Sec. 18. AS 46.40.096(q)(2) is amended to read: 28 (2) "reviewing entity" means the 29 (A) Department of Natural Resources, for a consistency review 30 subject to AS 46.39.010; 31 (B) commissioners or deputy commissioners of the resource
01 agencies for an elevated review; 02 (C) state agency identified in (b) of this section, for a 03 consistency review not subject to AS 46.39.010. 04 * Sec. 19. AS 46.40.180(b) is amended to read: 05 (b) If a city or village within a coastal resource service area fails to approve a 06 portion of the district coastal management plan prepared and submitted for approval 07 under (a) of this section, the governing body shall advise the coastal resource service 08 area board of its objections to the proposed plan and suggest alternative elements or 09 components for inclusion in the district coastal management plan. New matter 10 submitted by a city or village that is not inconsistent with the standards adopted 11 under AS 46.40.040 and meets the [STATEWIDE STANDARDS AND] district plan 12 criteria adopted under this chapter shall be accepted and the district coastal 13 management plan modified accordingly. If a city or village fails to provide objections 14 and suggested alternatives within the time limits established in this section, the coastal 15 resource service area board may adopt the district coastal management plan as initially 16 offered. 17 * Sec. 20. AS 46.40.210 is amended by adding new paragraphs to read: 18 (13) "aggregate evidence" means the most complete and competent 19 information available that relates to an enforceable policy in a district coastal 20 management plan or the development of an enforceable policy in a proposed district 21 coastal management plan; in this paragraph, "information" includes 22 (A) data that are obtained through the scientific method, that 23 relate to established chemical, physical, biological, or ecosystem management 24 principles, that are in a form that allows resource agency review for scientific 25 merit, and that are supported by one or more of the following: 26 (i) written analysis based on field observations and 27 professional judgment along with photographic or other documentation; 28 (ii) written analysis from a professional scientist with 29 expertise in the specific discipline; or 30 (iii) site-specific scientific research that may include 31 peer-review level research or literature; and
01 (B) knowledge about the coastal environment or the human use 02 of that environment, including information passed down through generations, 03 if that knowledge is 04 (i) derived from experience and observations; 05 (ii) generally accepted by the local community; and 06 (iii) not determined by a resource agency to be 07 inconsistent with competent information described under (A) of this 08 paragraph; 09 (14) "board" means the Alaska Coastal Policy Board established in 10 AS 46.39.005; 11 (15) "commissioners" means the commissioners of the resource 12 agencies; 13 (16) "elevated review" means a review of a proposed consistency 14 determination by the commissioners or deputy commissioners of the resource 15 agencies. 16 * Sec. 21. AS 46.39.005 is repealed. 17 * Sec. 22. AS 46.40.060(d) is repealed. 18 * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 APPLICABILITY. The changes to AS 44.37.020, AS 46.39, and AS 46.40 made by 21 secs. 1, 3 - 20, and 22 of this Act apply only on and after July 1, 2012. 22 * Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 TRANSITION: MEMBERS OF THE ALASKA COASTAL POLICY BOARD; 25 STAGGERED TERMS. Notwithstanding AS 46.39.005(a), added by sec. 3 of this Act, and 26 secs. 23 and 31 of this Act, within 30 days after the effective date of this section, the 27 municipalities of each region identified in AS 46.39.005(a)(1)(B) shall submit to the governor 28 the names of three persons to be considered for appointment as public members, and the 29 names of three persons to be considered as alternate members, from the region qualified under 30 AS 46.39.005(a), added by sec. 3 of this Act. Notwithstanding AS 46.39.005, added by sec. 3 31 of this Act, and secs. 23 and 31 of this Act, within 60 days after the effective date of this
01 section, the governor shall appoint, from the lists of names submitted under 02 AS 46.39.005(a)(1)(B), one member and one alternate member from each region, or request 03 subsequent lists of names in accordance with AS 46.39.005(a)(1)(B), and shall appoint one at- 04 large member and one alternate member to serve on the Alaska Coastal Policy Board 05 established by AS 46.39.005, added by sec. 3 of this Act. The governor shall appoint the 06 public members to three-year staggered terms to begin on the date AS 46.39.005 takes effect. 07 The alternate member for each public member shall serve the same term as the public 08 member. The governor shall specify the term of each public member appointed subject to this 09 section. 10 * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 TRANSITION: PENDING DISTRICT COASTAL MANAGEMENT PLANS. If a 13 plan of a coastal resource district was submitted to the Department of Natural Resources 14 before July 1, 2012, but is pending approval in its entirety before July 1, 2012, the coastal 15 resource district shall resubmit the entire plan to the Department of Natural Resources for 16 approval using the standards set out in AS 46.39 and AS 46.40, as modified by secs. 1, 3 - 20, 17 and 22 of this Act. 18 * Sec. 26. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 REVIEW AND REPORT BY THE ALASKA COASTAL POLICY BOARD. Before 21 February 1, 2014, the Alaska Coastal Policy Board shall review AS 46.40.040(b), as amended 22 by sec. 9 of this Act, AS 46.40.040(c), and AS 46.40.096(i), their implementing regulations, 23 and related federal and state statutes and regulations, and prepare a report to the governor and 24 the legislature on any proposed changes to the provisions of AS 46.40. 25 * Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 RETROACTIVITY AND REVIVAL. (a) The amendment to AS 44.66.020(a)(5) 28 made by sec. 2 of this Act is retroactive to January 1, 2011. 29 (b) If, under AS 01.10.070(c), sec. 29 of this Act takes effect on or after July 1, 2011, 30 sec. 29 of this Act is retroactive to July 1, 2011, the provisions repealed by sec. 18, ch. 31, 31 SLA 2005, are revived, and the provisions amended by secs. 1 - 13, ch. 31, SLA 2005, are
01 amended to read as they read on June 30, 2011, subject to reconciliation with other bills 02 affecting those sections passed by the Twenty-Seventh Alaska State Legislature and enacted 03 into law. If a provision is revived, it is revived as the provision read on June 30, 2011. The 04 revived or amended provisions are subject to secs. 23 and 31 of this Act and to amendment 05 and repeal under sec. 22, ch. 31, SLA 2005, as amended by sec. 29 of this Act. 06 (c) Notwithstanding (b) of this section, if sec. 29 of this Act does not receive the 07 concurrence of two-thirds of the membership of each house as required under art. II, sec. 18, 08 Constitution of the State of Alaska, 09 (1) the provisions repealed by sec. 18, ch. 31, SLA 2005, are revived 10 retroactive to July 1, 2011; if a provision is revived, it is revived as it read on June 30, 2011; 11 and 12 (2) the provisions amended by secs. 1 - 13, ch. 31, SLA 2005, are amended to 13 read as they read on June 30, 2011, subject to reconciliation with other bills affecting those 14 sections passed by the Twenty-Seventh Alaska State Legislature and enacted into law. 15 (d) If, under AS 01.10.070(c), sec. 29 of this Act takes effect on or after July 1, 2011, 16 regulations adopted under AS 46.39 and AS 46.40 and annulled as a result of repeals made by 17 sec. 18, ch. 31, SLA 2005, are revived to the extent that the regulations are consistent with 18 this Act. 19 * Sec. 28. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 CONDITIONAL EFFECT. Section 21 of this Act takes effect only if 22 (1) AS 46.39.005 takes effect after July 1, 2011; and 23 (2) secs. 1 - 13 and 18, ch. 31, SLA 2005, take effect. 24 * Sec. 29. The uncodified law of the State of Alaska enacted in sec. 22, ch. 31, SLA 2005, is 25 amended to read: 26 Sec. 22. Sections 1 - 13 and 18, ch. 31, SLA 2005, [OF THIS ACT] take effect 27 July 1, 2017 [2011, UNLESS THE STATE'S REVISED COASTAL 28 MANAGEMENT PROGRAM HAS NOT BEEN APPROVED BY THE NATIONAL 29 OCEANIC AND ATMOSPHERIC ADMINISTRATION, OFFICE OF OCEAN AND 30 COASTAL RESOURCE MANAGEMENT, UNITED STATES DEPARTMENT OF 31 COMMERCE, UNDER 16 U.S.C. 1455 AND 1457 (COASTAL ZONE
01 MANAGEMENT ACT OF 1972) BEFORE JANUARY 1, 2006. IF THE STATE'S 02 REVISED COASTAL MANAGEMENT PROGRAM IS NOT APPROVED 03 BEFORE JANUARY 1, 2006, BY THE NATIONAL OCEANIC AND 04 ATMOSPHERIC ADMINISTRATION, OFFICE OF OCEAN AND COASTAL 05 RESOURCE MANAGEMENT, UNITED STATES DEPARTMENT OF 06 COMMERCE, THEN SECS. 1 - 13 AND 18 OF THIS ACT TAKE EFFECT 07 MAY 10, 2006. THE COMMISSIONER OF NATURAL RESOURCES SHALL 08 NOTIFY THE REVISOR OF STATUTES ON FEBRUARY 1, 2006, WHETHER 09 THE REVISED COASTAL MANAGEMENT PROGRAM HAS BEEN APPROVED 10 AS DESCRIBED IN THIS SECTION]. 11 * Sec. 30. If sec. 21 of this Act takes effect under sec. 28 of this Act, it takes effect on the 12 date that secs. 1 - 13 and 18, ch. 33, SLA 2005, take effect. 13 * Sec. 31. Sections 1, 3 - 20, 22, 25, and 26 of this Act take effect July 1, 2012. 14 * Sec. 32. Except as provided in secs. 30 and 31 of this Act, this Act takes effect 15 immediately under AS 01.10.070(c).