Legislature(2011 - 2012)

2011-06-27 Senate Journal

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2011-06-27                     Senate Journal                      Page 1143
SB 45                                                                                                                         
Senator Stedman, Cochair, moved and asked unanimous consent that                                                                
the Finance Committee referral be waived on SENATE BILL NO. 45                                                                  
"An Act extending the termination date of the Alaska coastal                                                                    
management program and relating to the extension; relating to the                                                               
review of activities of the Alaska coastal management program;                                                                  
providing for an effective date by amending the effective date of sec.                                                          
22, ch. 31, SLA 2005; and providing for an effective date." Senator                                                             
Coghill objected, then withdrew his objection. There being no further                                                           
objection, the bill was referred to the Rules Committee.                                                                        
                                                                                                                                
The bill is on today's First Supplemental Calendar.                                                                             
SB 45                                                                                                                         
SENATE BILL NO. 45 "An Act extending the termination date of the                                                                
Alaska coastal management program and relating to the extension;                                                                

2011-06-27                     Senate Journal                      Page 1144
relating to the review of activities of the Alaska coastal management                                                           
program; providing for an effective date by amending the effective                                                              
date of sec. 22, ch. 31, SLA 2005; and providing for an effective date"                                                         
was read the second time.                                                                                                       
                                                                                                                                
Senator Olson, Chair, moved and asked unanimous consent for the                                                                 
adoption of the Community and Regional Affairs Committee                                                                        
Substitute offered on page 748. Without objection, CS FOR SENATE                                                                
BILL NO. 45(CRA) "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 funds provided to coastal resource districts;                                                              
relating to special management areas; relating to regulations adopted                                                           
by the department regarding persons authorized to participate in and to                                                         
receive materials relating to a consistency review; relating to the                                                             
review of certain consistency determinations; relating to notices given                                                         
under the Alaska coastal management program; 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" was adopted.                                                             
                                                                                                                                
Senator Wielechowski offered Amendment No. 1:                                                                                   
                                                                                                                                
Page 1, line 1, through page 16, line 12:                                                                                       
  Delete all material and insert:                                                                                               
""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."                                                                                   
                                                                                                                                
                                                                                                                                

2011-06-27                     Senate Journal                      Page 1145
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF                                                                              
ALASKA:                                                                                                                       
                                                                                                                                
 * Section 1. AS 44.37.020 is amended by adding a new subsection to                                                           
read:                                                                                                                           
     (c)  In administering the Alaska coastal management program                                                                
under AS 46.39 and AS 46.40, the Department of Natural Resources                                                                
may consider how subsistence uses may be affected.                                                                              
 * Sec. 2. AS 44.66.020(a) is amended to read:                                                                                
     (a)  Agency programs and activities listed in this subsection that                                                         
are specifically designated as provided in AS 44.66.030 are subject to                                                          
termination during the regular legislative session convening in the                                                             
month and year set out after each:                                                                                              
          (1)  programs in the budget categories of general government,                                                         
public protection, and administration of justice - January, 1980;                                                               
          (2)  programs in the budget categories of education and the                                                           
University of Alaska - January, 1981;                                                                                           
          (3)  programs in the budget categories of health and social                                                           
services - January, 1982;                                                                                                       
          (4)  programs in the budget categories of natural resources                                                           
management, development, and transportation - January, 1983;                                                                    
          (5)  the Alaska coastal management program (AS 46.40) -                                                               
January, 2017 [2011].                                                                                                       
 * Sec. 3. AS 46.39 is amended by adding a new section to article 1 to                                                        
read:                                                                                                                           
     Sec. 46.39.005. Alaska Coastal Policy Board. (a) The Alaska                                                              
Coastal Policy Board is created in the Department of Natural                                                                    
Resources. The board consists of the following:                                                                                 
          (1)  five public members appointed by the governor; the                                                               
public members shall include                                                                                                    
              (A)  one at-large member and an alternate member from                                                             
     any coastal resource district who is a representative of                                                                   
                   (i)  a Native regional corporation established under                                                         
          43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement                                                               
          Act);                                                                                                                 
                   (ii)  a mining organization;                                                                                 
                   (iii)  an oil and gas organization; or                                                                       
                   (iv)  any other resource development or extraction                                                           
          industry;                                                                                                             
              (B)  four members from a list composed of at least three                                                          
     names from each region, and four alternate members from a list                                                             

2011-06-27                     Senate Journal                      Page 1146
     composed of at least three names from each region, nominated and                                                           
     submitted by the coastal resource districts of each region; the                                                            
     governor may reject a list submitted under this subparagraph and                                                           
     request that subsequent lists with different names be submitted;                                                           
     one public member and one alternate member shall be appointed                                                              
     from each of the following regions:                                                                                        
                   (i)  northwest Alaska, including, generally, the area                                                        
          of the North Slope Borough and the Northwest Arctic                                                                   
          Borough; and the Bering Strait area, including, generally, the                                                        
          area of the Bering Strait regional educational attendance area;                                                       
                   (ii)  southwest Alaska, including, generally, the area                                                       
          within the Lower Yukon, Lower Kuskokwim, and Southwest                                                                
          regional educational attendance areas and the Lake and                                                                
          Peninsula and Bristol Bay Boroughs; and the Kodiak-                                                                   
          Aleutians area, including the area of the Kodiak Island and                                                           
          Aleutians East Boroughs and the Aleutian, Adak, and Pribilof                                                          
          regional educational attendance areas;                                                                                
                   (iii)  Upper Cook Inlet area, including the                                                                  
          Municipality of Anchorage and the Matanuska-Susitna                                                                   
          Borough; the Lower Cook Inlet area, including, generally, the                                                         
          Kenai Peninsula Borough; and the Prince William Sound area,                                                           
          including, generally, the area east of the Kenai Peninsula                                                            
          Borough to 141 West longitude; and                                                                                    
                   (iv)  Southeast Alaska, generally the area east of 141                                                       
          West longitude;                                                                                                       
          (2)  each of the following designated members:                                                                        
              (A)  the commissioner of environmental conservation;                                                              
              (B)  the commissioner of fish and game;                                                                           
              (C)  a deputy commissioner of natural resources;                                                                  
              (D)  the commissioner of transportation and public                                                                
     facilities.                                                                                                                
     (b)  Public members serve staggered terms of three years. Except                                                           
as provided by (c) of this section, each member serves until a                                                                  
successor is appointed and qualified. A public member may be                                                                    
reappointed.                                                                                                                    
     (c)  The board may recommend that the governor remove a public                                                             
member for cause. With or without a recommendation from the board,                                                              
the governor may remove a public member for cause. If a public                                                                  
member is removed, the alternate member shall serve the remainder of                                                            
the term, and a new alternate shall be appointed under (a)(1) of this                                                           

2011-06-27                     Senate Journal                      Page 1147
section. In this subsection, "for cause" includes lack of contribution to                                                       
the board's work, neglect of duty, incompetence, inability to serve,                                                            
poor attendance, and misconduct in office.                                                                                      
     (d)  The board shall designate co-chairs, one of whom shall be                                                             
selected from among the public members appointed under (a)(1) of                                                                
this section and one from among the members designated in (a)(2) of                                                             
this section.                                                                                                                   
     (e)  If a member serving under (a)(1) of this section is unable to                                                         
attend, the alternate may attend. The names of alternates serving under                                                         
(a)(1) of this section shall be filed with the board.                                                                           
     (f)  If a member serving under (a)(2) of this section is unable to                                                         
attend, a deputy commissioner in the same department may attend and                                                             
act in place of the member. The names of deputy commissioners                                                                   
serving as alternates for members serving under (a)(2) of this section                                                          
shall be filed with the board.                                                                                                  
     (g)  Three public members and three designated members of the                                                              
board constitute a quorum. However, action may be taken only upon                                                               
the affirmative vote of at least two-thirds of the full membership of the                                                       
board.                                                                                                                          
     (h)  The board shall meet at least four times a year and as often as                                                       
necessary to fulfill its duties under this chapter and AS 46.40.                                                                
Meetings may be held and members may vote telephonically, except                                                                
one board meeting a year shall be held in person.                                                                               
     (i)  Public members of the board are entitled to per diem and travel                                                       
expenses authorized by law for members of boards and commissions.                                                               
     (j)  Administrative support for the board shall be provided by the                                                         
division in the department responsible for coastal and ocean                                                                    
management. The director of the division in the department                                                                      
responsible for coastal and ocean management may contract with or                                                               
employ persons as necessary to assist the board in carrying out the                                                             
board's duties and responsibilities.                                                                                            
     (k)  The board shall                                                                                                       
          (1)  make recommendations to the department relating to the                                                           
approval or modification of a district coastal management plan under                                                            
AS 46.40.060(b);                                                                                                                
          (2)  provide a forum for the discussion of issues related to this                                                     
chapter, AS 46.40, and the coastal uses and resources of the state; and                                                         
          (3)  annually solicit from state and federal agencies                                                                 
information as to whether they implemented any new statutes or                                                                  
regulations affecting coastal uses or resources to determine if existing                                                        

2011-06-27                     Senate Journal                      Page 1148
enforceable policies duplicate, restate, incorporate by reference,                                                              
rephrase, or adopt the new state or federal statutes or regulations, and                                                        
if so, direct a coastal resource district with such enforceable policies to                                                     
resubmit its coastal management plan for review under this chapter                                                              
and AS 46.40; and                                                                                                               
          (4)  review and provide comments to the department on                                                                 
regulations proposed under this chapter and AS 46.40.                                                                           
   * Sec. 4. AS 46.39.010 is amended by adding a new subsection to                                                            
read:                                                                                                                           
     (d)  Not later than January 20 each year, the department shall                                                             
prepare an annual report summarizing the department's efforts to draft                                                          
and adopt regulations under this chapter and AS 46.40 during the prior                                                          
calendar year. The department shall notify the legislature that the                                                             
report is available and shall also post the report on the department's                                                          
Internet website.                                                                                                               
 * Sec. 5. AS 46.39.030 is amended to read:                                                                                   
     Sec. 46.39.030. Powers of the department. The department may                                                             
          (1)  apply for and accept grants, contributions, and                                                                  
appropriations, including application for and acceptance of federal                                                             
funds that may become available for coastal planning and                                                                        
management;                                                                                                                     
          (2)  contract for necessary services;                                                                                 
          (3)  consult and cooperate with                                                                                       
              (A)  persons, organizations, and groups, public or private,                                                       
     interested in, affected by, or concerned with coastal area planning                                                        
     and management;                                                                                                            
              (B)  agents and officials of the coastal resource districts                                                       
     of the state, the Alaska Coastal Policy Board established in                                                           
     AS 46.39.005, and federal and state agencies concerned with or                                                         
     having jurisdiction over coastal planning and management;                                                                  
          (4)  take any reasonable action necessary to carry out the                                                            
provisions of this chapter or AS 46.40.                                                                                         
 * Sec. 6. AS 46.39.040 is amended to read:                                                                                   
     Sec. 46.39.040. Duties of the department. In conformity with 16                                                          
U.S.C. 1451 - 1464 (Coastal Zone Management Act of 1972), as                                                                    
amended, the department shall                                                                                                   
          (1)  develop statewide standards for the Alaska coastal                                                               
management program, and criteria for the preparation and approval of                                                            
district coastal management plans in accordance with AS 46.40;                                                                  
          (2)  establish continuing coordination among state agencies to                                                        

2011-06-27                     Senate Journal                      Page 1149
facilitate the development and implementation of the Alaska coastal                                                             
management program; in carrying out its duties under this paragraph,                                                            
the department shall initiate an interagency program of comprehensive                                                           
coastal resource planning for each geographic region of the state;                                                              
          (3)  assure continued provision of [DATA AND] information                                                             
to coastal resource districts to carry out their planning and                                                                   
management functions under the program; in providing information                                                            
to a coastal resource district and coastal resource service area                                                            
under this paragraph, the department shall provide the                                                                      
information by electronic transmission, or by mail if the addressee                                                         
does not have an electronic mail address, to the presiding officer of                                                       
the governing body of the coastal resource district and to other                                                            
persons as may be designated in writing by the district;                                                                    
          (4)  summarize the minutes of the board's discussion of                                                           
issues related to this chapter, AS 46.40, and coastal uses and                                                              
resources of the state.                                                                                                     
 * Sec. 7. AS 46.40.030 is amended to read:                                                                                   
     Sec. 46.40.030. Development of district coastal management                                                               
plans. (a) Coastal resource districts shall develop and adopt district                                                        
coastal management plans in accordance with the provisions of this                                                              
chapter. The plan adopted by a coastal resource district shall be based                                                         
upon a municipality's existing comprehensive plan or a new                                                                      
comprehensive resource use plan or comprehensive statement of                                                                   
needs, policies, objectives, and standards governing the use of                                                                 
resources within the coastal area of the district. The plan must meet                                                           
the [STATEWIDE STANDARDS AND] district plan criteria adopted                                                                    
under AS 46.40.040, may not be inconsistent with the standards                                                              
adopted under AS 46.40.040, and must include                                                                                
          (1)  a delineation within the district of the boundaries of the                                                       
coastal area subject to the district coastal management plan;                                                                   
          (2)  a statement, list, or definition of the land and water uses                                                      
and activities subject to the district coastal management plan;                                                                 
          (3)  a statement of enforceable policies to be applied to the                                                     
land and water uses subject to the district coastal management plan;                                                            
and                                                                                                                         
          (4)  [A DESCRIPTION OF THE USES AND ACTIVITIES                                                                        
THAT WILL BE CONSIDERED PROPER AND THE USES AND                                                                                 
ACTIVITIES THAT WILL BE CONSIDERED IMPROPER WITH                                                                                
RESPECT TO THE LAND AND WATER WITHIN THE COASTAL                                                                                
AREA; AND                                                                                                                       

2011-06-27                     Senate Journal                      Page 1150
          (5)]  a designation of any [, AND THE POLICIES THAT                                                               
WILL BE APPLIED TO THE USE OF,] areas which merit special                                                                   
attention under [WITHIN] the district coastal management plan                                                       
and a designation of the enforceable policies that will be applicable                                                       
within those areas which [RESOURCE DISTRICT THAT] merit                                                                     
special attention.                                                                                                              
     (b)  In developing enforceable policies in its coastal management                                                          
plan under (a) of this section, a coastal resource district shall meet the                                                  
requirements of AS 46.40.070 and ensure that the enforceable                                                                
policies                                                                                                                    
          (1)  are clear and concise as to the activities and persons                                                       
affected by the policies;                                                                                                   
          (2)  use prescriptive or performance-based standards that                                                         
are written in precise and enforceable language;                                                                            
          (3)  address a coastal use or resource of concern to the                                                          
residents of the coastal resource district and consider the                                                                 
aggregate evidence relating to that concern; and                                                                            
          (4)  employ the least restrictive means to achieve the                                                            
objective of the enforceable policy [MEET THE REQUIREMENTS                                                                  
OF AS 46.40.070 AND MAY NOT DUPLICATE, RESTATE, OR                                                                              
INCORPORATE BY REFERENCE STATUTES AND                                                                                           
ADMINISTRATIVE REGULATIONS ADOPTED BY STATE OR                                                                                  
FEDERAL AGENCIES].                                                                                                              
 * Sec. 8. AS 46.40.030 is amended by adding new subsections to                                                               
read:                                                                                                                           
     (c)  In determining whether an enforceable policy employs the                                                              
least restrictive means to achieve its objective, the following factors                                                         
shall be considered:                                                                                                            
          (1)  alternative methods of achieving the objective of the                                                            
policy;                                                                                                                         
          (2)  the aggregate evidence relating to each alternative                                                              
method; and                                                                                                                     
          (3)  how the alternative methods may affect other existing or                                                         
potential uses.                                                                                                                 
     (d)  Additional factors that the department may require be                                                                 
addressed in determining whether an enforceable policy employs the                                                              
least restrictive means to achieve its objective are as follows:                                                                
          (1)  the economic effects of alternative methods;                                                                     
          (2)  the technological feasibility of the alternative methods;                                                        
and                                                                                                                             

2011-06-27                     Senate Journal                      Page 1151
          (3)  any other relevant factors.                                                                                      
 * Sec. 9. AS 46.40.040(b) is amended to read:                                                                                
     (b)  Notwithstanding any other provision of law, AS 46.03,                                                             
AS 46.04, AS 46.09, AS 46.14, and the regulations adopted under                                                                 
those statutes constitute the exclusive enforceable policies of the                                                             
Alaska coastal management program for those purposes. For those                                                                 
purposes only,                                                                                                                  
          (1)  the issuance of permits, certifications, approvals, and                                                          
authorizations by the Department of Environmental Conservation                                                                  
establishes consistency with the Alaska coastal management program                                                              
for those activities of a proposed project subject to those permits,                                                            
certifications, approvals, and authorizations;                                                                                  
          (2)  for a consistency review of an activity that does not                                                            
require a Department of Environmental Conservation permit,                                                                      
certification, approval, or authorization because the activity is a                                                             
federal activity or the activity is located on federal land or the federal                                                      
outer continental shelf, consistency with AS 46.03, AS 46.04,                                                                   
AS 46.09, and AS 46.14 and the regulations adopted under those                                                                  
statutes shall be established on the basis of whether the Department of                                                         
Environmental Conservation finds that the activity satisfies the                                                                
requirements of those statutes and regulations.                                                                                 
 * Sec. 10. AS 46.40.050 is amended by adding a new subsection to                                                             
read:                                                                                                                           
     (c)  A coastal resource district shall resubmit its coastal                                                                
management plan, as may be directed by the board under                                                                          
AS 46.39.005(k)(3).                                                                                                             
 * Sec. 11. AS 46.40.060(a) is amended to read:                                                                               
     (a)  If, upon submission of a district coastal management plan for                                                         
approval, the department finds that the plan meets the provisions of                                                            
this chapter [AND THE STATEWIDE STANDARDS AND                                                                                   
DISTRICT PLAN CRITERIA ADOPTED BY THE DEPARTMENT                                                                                
AND DOES NOT ARBITRARILY OR UNREASONABLY                                                                                        
RESTRICT OR EXCLUDE USES OF STATE CONCERN], the                                                                                 
department may approve the district coastal management plan, or may                                                             
approve portions of the district plan that meet those requirements.                                                             
 * Sec. 12. AS 46.40.060(b) is amended to read:                                                                               
     (b)  If the department finds that a district coastal management plan                                                       
is not approvable or is approvable only in part under (a) of this section,                                                      
the department shall explain in writing the basis for its decision.                                                         
The coastal resource district that submitted the plan may request                                                           

2011-06-27                     Senate Journal                      Page 1152
that the department submit the plan or portions of the plan to the                                                          
board for review. The board shall review the plan or portions of                                                            
the plan and make recommendations relating to whether the                                                                   
department should approve or modify the district coastal                                                                    
management plan in whole or in part [IT SHALL DIRECT THAT                                                                   
DEFICIENCIES IN THE PLAN SUBMITTED BY THE COASTAL                                                                               
RESOURCE DISTRICT BE MEDIATED. IN MEDIATING THE                                                                                 
DEFICIENCIES, THE DEPARTMENT MAY CALL FOR ONE OR                                                                                
MORE PUBLIC HEARINGS IN THE DISTRICT. THE                                                                                       
DEPARTMENT SHALL MEET WITH OFFICIALS OF THE                                                                                     
COASTAL RESOURCE DISTRICT IN ORDER TO RESOLVE                                                                                   
DIFFERENCES].                                                                                                                   
 * Sec. 13. AS 46.40.060(c) is amended to read:                                                                               
     (c)  After the board has reviewed the district coastal                                                                 
management plan and submitted recommendations under (b) of                                                                  
this section [IF, AFTER MEDIATION, THE DIFFERENCES HAVE                                                                     
NOT BEEN RESOLVED], the department shall enter findings and, by                                                                 
order, may [REQUIRE]                                                                                                            
          (1)  approve the plan or portions of the plan;                                                                    
          (2)  require that the district coastal management plan be                                                         
amended to meet [SATISFY] the provisions of this chapter [OR                                                                
MEET THE STATEWIDE STANDARDS] and district plan criteria                                                                        
adopted by the department;                                                                                                      
          (3)  require [(2)] that the district coastal management plan be                                                   
revised to accommodate a use of state concern; or                                                                               
          (4)  require the coastal resource district to submit                                                              
additional information if, in the judgment of the department,                                                               
additional information is necessary for the department to approve                                                           
the plan or portions of the plan [(3) ANY OTHER ACTION BE                                                                   
TAKEN BY THE COASTAL RESOURCE DISTRICT AS                                                                                       
APPROPRIATE].                                                                                                                   
 * Sec. 14. AS 46.40.060 is amended by adding new subsections to                                                              
read:                                                                                                                           
     (e)  Only a coastal resource district affected by a decision of the                                                        
department under this section may request reconsideration of the                                                                
decision. The request must be made within 15 days after the decision,                                                           
must be in writing, and must include a statement of the specific issues                                                         
and material facts that the coastal resource district contends that the                                                         
department overlooked, failed to consider, or misconceived. The                                                                 
commissioner of natural resources may review the department's                                                                   

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decision on the basis of the request and determine whether the                                                                  
decision should be changed. The commissioner may issue a                                                                        
determination in writing within 20 days after the issuance of the                                                               
decision. If the commissioner has not issued a written decision within                                                          
the 20-day period, the request for reconsideration shall be considered                                                          
as denied. Denial of a request for reconsideration is a final                                                                   
administrative order and decision of the department.                                                                            
     (f)  The superior courts of the state have jurisdiction to enforce                                                         
orders of the department entered under (c) and (e) of this section.                                                             
 * Sec. 15. AS 46.40.070 is repealed and reenacted to read:                                                                   
     Sec. 46.40.070. Requirements for department review and                                                                   
approval. (a) The department shall approve a district coastal                                                                 
management plan submitted for review and approval if, as determined                                                             
by the department, the                                                                                                          
          (1)  district coastal management plan meets the requirements                                                          
of this chapter and the district plan criteria adopted by the department;                                                       
and                                                                                                                             
          (2)  enforceable policies of the district coastal management                                                          
plan                                                                                                                            
              (A)  do not duplicate, restate, incorporate by reference,                                                         
     rephrase, or adopt state or federal statutes or regulations;                                                               
              (B)  are not preempted by or in conflict with state or                                                            
     federal statutes or regulations;                                                                                           
              (C)  employ the least restrictive means to achieve the                                                            
     objective of the enforceable policies;                                                                                     
              (D)  do not arbitrarily or unreasonably restrict uses of                                                          
     state concern; and                                                                                                         
              (E)  meet the requirements of (b) and (c) of this section.                                                        
     (b)  The enforceable policies in a district coastal management plan                                                        
submitted for review under this section that meet the requirements of                                                           
(a) of this section may establish new standards or requirements that are                                                        
within the authority of a state or federal agency unless                                                                        
          (1)  a state agency specifically objects to the proposed new                                                          
standards or requirements on the grounds that the proposed standards                                                            
or requirements                                                                                                                 
              (A)  are based on aggregate evidence that is relied upon                                                          
     by the coastal resource district to satisfy the requirements of                                                            
     AS 46.40.030 but that conflicts with the agency's interpretation of                                                        
     the aggregate evidence within the agency's area of expertise;                                                              
              (B)  conflict with the agency's allocation of existing or                                                         

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     planned agency resources to meet state policies and objectives; or                                                         
              (C)  conflict with agency priorities or objectives, or other                                                      
     state policies;                                                                                                            
          (2)  the proposed new standards or requirements address                                                               
discharges, emissions, contaminants, conditions, risks, or other matters                                                        
that fall within the authority of the Department of Environmental                                                               
Conservation under AS 46.03, AS 46.04, AS 46.09, AS 46.14, and                                                                  
regulations adopted under those statutes.                                                                                       
     (c)  An approval of a district coastal management plan with                                                                
enforceable policies may not affect a person's rights or authorizations                                                         
under an unexpired permit, lease, or other valid existing right to                                                              
explore or develop natural resources that predates the date that the                                                            
enforceable policy becomes final. An enforceable policy becomes                                                                 
final when its adoption is no longer subject to further review through                                                          
either a judicial or administrative process.                                                                                    
     (d)  Notwithstanding AS 46.40.030(a)(4), in reviewing and                                                                  
approving a district coastal management plan under (a) of this section,                                                         
the department may not require a district to designate areas for the                                                            
purpose of developing an enforceable policy.                                                                                    
     (e)  In this section, "specifically objects" means that, during a                                                          
review of a district coastal management plan under AS 46.40.050 or                                                              
46.40.060 and their implementing regulations, a written objection to                                                            
the enforceable policy that establishes the new standards or                                                                    
requirements is filed with the department by                                                                                    
          (1)  the commissioner or deputy commissioner of a state                                                               
agency; or                                                                                                                      
          (2)  the attorney general of the state.                                                                               
     (f)  Notwithstanding any other provision of this chapter, an                                                               
enforceable policy that establishes requirements within the authority of                                                        
a state or federal agency shall be superseded upon the enactment of a                                                           
law or adoption of a regulation that is inconsistent with the                                                                   
enforceable policy.                                                                                                             
 * Sec. 16. AS 46.40.096(d) is amended to read:                                                                               
     (d)  In preparing a consistency review and determination for a                                                             
proposed project, the reviewing entity shall                                                                                    
          (1)  request consistency review comments for the proposed                                                             
project from state resource agencies, affected coastal resource districts,                                                      
and other interested parties as determined by regulation adopted by the                                                         
department;                                                                                                                     
          (2)  prepare proposed consistency determinations;                                                                     

2011-06-27                     Senate Journal                      Page 1155
          (3)  conduct an elevated review [COORDINATE                                                                       
SUBSEQUENT REVIEWS] of proposed consistency determinations                                                                      
prepared under (2) of this subsection; an elevated [A SUBSEQUENT]                                                           
review of a proposed consistency determination under this paragraph                                                             
              (A)  shall be conducted [IS LIMITED TO A REVIEW]                                                              
     by the commissioners or deputy commissioners of the resource                                                           
     agencies [DEPARTMENT];                                                                                                 
              (B)  may occur only if requested by                                                                               
                   (i)  the project applicant;                                                                                  
                   (ii)  a state resource agency; or                                                                            
                   (iii)  an affected coastal resource district; and                                                            
              (C)  shall be completed with the issuance of a written                                                        
     order signed by at least two of the commissioners or deputy                                                            
     commissioners of the resource agencies [BY THE                                                                         
     DEPARTMENT] within 60 [45] days after the initial request for                                                          
     an elevated [SUBSEQUENT] review under this paragraph; if a                                                         
     written order is not issued in accordance with this                                                                    
     subparagraph, the proposed consistency determination under                                                             
     (2) of this subsection is the final consistency determination and                                                      
     certification; and                                                                                                     
          (4)  render the final consistency determination and                                                                   
certification consistent with this subsection.                                                                              
 * Sec. 17. AS 46.40.096(o) is amended to read:                                                                               
     (o)  The time limitations in (n) of this section                                                                           
          (1)  do not apply to a consistency review involving the                                                               
disposal of an interest in state land or resources;                                                                             
          (2)  are suspended                                                                                                    
              (A)  from the time the reviewing entity determines that                                                           
     the applicant has not adequately responded in writing within 14                                                            
     days after the receipt of a written request from the reviewing                                                             
     entity for additional information, until the time the reviewing                                                            
     entity determines that the applicant has provided an adequate                                                              
     written response;                                                                                                          
              (B)  during a period of time requested by the applicant;                                                          
              (C)  during the period of time a consistency review is                                                            
     undergoing an elevated [A SUBSEQUENT] review under (d)(3)                                                              
     of this section.                                                                                                           
 * Sec. 18. AS 46.40.096(q)(2) is amended to read:                                                                            
          (2)  "reviewing entity" means the                                                                                     
              (A)  Department of Natural Resources, for a consistency                                                           

2011-06-27                     Senate Journal                      Page 1156
     review subject to AS 46.39.010;                                                                                            
              (B)  commissioners or deputy commissioners of the                                                             
     resource agencies for an elevated review;                                                                              
              (C)  state agency identified in (b) of this section, for a                                                    
     consistency review not subject to AS 46.39.010.                                                                            
 * Sec. 19. AS 46.40.180(b) is amended to read:                                                                               
     (b)  If a city or village within a coastal resource service area fails                                                     
to approve a portion of the district coastal management plan prepared                                                           
and submitted for approval under (a) of this section, the governing                                                             
body shall advise the coastal resource service area board of its                                                                
objections to the proposed plan and suggest alternative elements or                                                             
components for inclusion in the district coastal management plan. New                                                           
matter submitted by a city or village that is not inconsistent with the                                                     
standards adopted under AS 46.40.040 and meets the                                                                          
[STATEWIDE STANDARDS AND] district plan criteria adopted                                                                        
under this chapter shall be accepted and the district coastal                                                                   
management plan modified accordingly. If a city or village fails to                                                             
provide objections and suggested alternatives within the time limits                                                            
established in this section, the coastal resource service area board may                                                        
adopt the district coastal management plan as initially offered.                                                                
 * Sec. 20. AS 46.40.210 is amended by adding new paragraphs to                                                               
read:                                                                                                                           
          (13)  "aggregate evidence" means the most complete and                                                                
competent information available that relates to an enforceable policy                                                           
in a district coastal management plan or the development of an                                                                  
enforceable policy in a proposed district coastal management plan; in                                                           
this paragraph, "information" includes                                                                                          
              (A)  data that are obtained through the scientific method,                                                        
     that relate to established chemical, physical, biological, or                                                              
     ecosystem management principles, that are in a form that allows                                                            
     resource agency review for scientific merit, and that are supported                                                        
     by one or more of the following:                                                                                           
                   (i)  written analysis based on field observations and                                                        
          professional judgment along with photographic or other                                                                
          documentation;                                                                                                        
                   (ii)  written analysis from a professional scientist                                                         
          with expertise in the specific discipline; or                                                                         
                   (iii)  site-specific scientific research that may include                                                    
          peer-review level research or literature; and                                                                         
              (B)  knowledge about the coastal environment or the                                                               

2011-06-27                     Senate Journal                      Page 1157
     human use of that environment, including information passed                                                                
     down through generations, if that knowledge is                                                                             
                   (i)  derived from experience and observations;                                                               
                   (ii)  generally accepted by the local community; and                                                         
                   (iii)  not determined by a resource agency to be                                                             
          inconsistent with competent information described under (A)                                                           
          of this paragraph;                                                                                                    
          (14)  "board" means the Alaska Coastal Policy Board                                                                   
established in AS 46.39.005;                                                                                                    
          (15)  "commissioners" means the commissioners of the                                                                  
resource agencies;                                                                                                              
          (16)  "elevated review" means a review of a proposed                                                                  
consistency determination by the commissioners or deputy                                                                        
commissioners of the resource agencies.                                                                                         
 * Sec. 21. AS 46.39.005 is repealed.                                                                                         
 * Sec. 22. AS 46.40.060(d) is repealed.                                                                                      
 * Sec. 23. The uncodified law of the State of Alaska is amended by                                                           
adding a new section to read:                                                                                                   
     APPLICABILITY. The changes to AS 44.37.020, AS 46.39, and                                                                  
AS 46.40 made by secs. 1, 3 - 20, and 22 of this Act apply only on and                                                          
after July 1, 2012.                                                                                                             
 * Sec. 24. The uncodified law of the State of Alaska is amended by                                                           
adding a new section to read:                                                                                                   
     TRANSITION: MEMBERS OF THE ALASKA COASTAL                                                                                  
POLICY BOARD; STAGGERED TERMS. Notwithstanding                                                                                  
AS 46.39.005(a), added by sec. 3 of this Act, and secs. 23 and 31 of                                                            
this Act, within 30 days after the effective date of this section, the                                                          
municipalities of each region identified in AS 46.39.005(a)(1)(B) shall                                                         
submit to the governor the names of three persons to be considered for                                                          
appointment as public members, and the names of three persons to be                                                             
considered as alternate members, from the region qualified under                                                                
AS 46.39.005(a), added by sec. 3 of this Act. Notwithstanding                                                                   
AS 46.39.005, added by sec. 3 of this Act, and secs. 23 and 31 of this                                                          
Act, within 60 days after the effective date of this section, the                                                               
governor shall appoint, from the lists of names submitted under                                                                 
AS 46.39.005(a)(1)(B), one member and one alternate member from                                                                 
each region, or request subsequent lists of names in accordance with                                                            
AS 46.39.005(a)(1)(B), and shall appoint one at-large member and one                                                            
alternate member to serve on the Alaska Coastal Policy Board                                                                    
established by AS 46.39.005, added by sec. 3 of this Act. The                                                                   

2011-06-27                     Senate Journal                      Page 1158
governor shall appoint the public members to three-year staggered                                                               
terms to begin on the date AS 46.39.005 takes effect. The alternate                                                             
member for each public member shall serve the same term as the                                                                  
public member. The governor shall specify the term of each public                                                               
member appointed subject to this section.                                                                                       
 * Sec. 25. The uncodified law of the State of Alaska is amended by                                                           
adding a new section to read:                                                                                                   
     TRANSITION:             PENDING           DISTRICT           COASTAL                                                       
MANAGEMENT PLANS. If a plan of a coastal resource district was                                                                  
submitted to the Department of Natural Resources before July 1, 2012,                                                           
but is pending approval in its entirety before July 1, 2012, the coastal                                                        
resource district shall resubmit the entire plan to the Department of                                                           
Natural Resources for approval using the standards set out in AS 46.39                                                          
and AS 46.40, as modified by secs. 1, 3 - 20, and 22 of this Act.                                                               
 * Sec. 26. The uncodified law of the State of Alaska is amended by                                                           
adding a new section to read:                                                                                                   
     REVIEW AND REPORT BY THE ALASKA COASTAL                                                                                    
POLICY BOARD. Before February 1, 2014, the Alaska Coastal                                                                       
Policy Board shall review AS 46.40.040(b), as amended by sec. 9 of                                                              
this Act, AS 46.40.040(c), and AS 46.40.096(i), their implementing                                                              
regulations, and related federal and state statutes and regulations, and                                                        
prepare a report to the governor and the legislature on any proposed                                                            
changes to the provisions of AS 46.40.                                                                                          
 * Sec. 27. The uncodified law of the State of Alaska is amended by                                                           
adding a new section to read:                                                                                                   
     RETROACTIVITY AND REVIVAL. (a) The amendment to                                                                            
AS 44.66.020(a)(5) made by sec. 2 of this Act is retroactive to                                                                 
January 1, 2011.                                                                                                                
     (b)  If, under AS 01.10.070(c), sec. 29 of this Act takes effect on                                                        
or after July 1, 2011, sec. 29 of this Act is retroactive to July 1, 2011,                                                      
the provisions repealed by sec. 18, ch. 31, SLA 2005, are revived, and                                                          
the provisions amended by secs. 1 - 13, ch. 31, SLA 2005, are                                                                   
amended to read as they read on June 30, 2011, subject to                                                                       
reconciliation with other bills affecting those sections passed by the                                                          
Twenty-Seventh Alaska State Legislature and enacted into law. If a                                                              
provision is revived, it is revived as the provision read on June 30,                                                           
2011. The revived or amended provisions are subject to secs. 23 and                                                             
31 of this Act and to amendment and repeal under sec. 22, ch. 31, SLA                                                           
2005, as amended by sec. 29 of this Act.                                                                                        
     (c)  Notwithstanding (b) of this section, if sec. 29 of this Act does                                                      

2011-06-27                     Senate Journal                      Page 1159
not receive the concurrence of two-thirds of the membership of each                                                             
house as required under art. II, sec. 18, Constitution of the State of                                                          
Alaska,                                                                                                                         
          (1)  the provisions repealed by sec. 18, ch. 31, SLA 2005, are                                                        
revived retroactive to July 1, 2011; if a provision is revived, it is                                                           
revived as it read on June 30, 2011; and                                                                                        
          (2)  the provisions amended by secs. 1 - 13, ch. 31, SLA 2005,                                                        
are amended to read as they read on June 30, 2011, subject to                                                                   
reconciliation with other bills affecting those sections passed by the                                                          
Twenty-Seventh Alaska State Legislature and enacted into law.                                                                   
     (d)  If, under AS 01.10.070(c), sec. 29 of this Act takes effect on                                                        
or after July 1, 2011, regulations adopted under AS 46.39 and                                                                   
AS 46.40 and annulled as a result of repeals made by sec. 18, ch. 31,                                                           
SLA 2005, are revived to the extent that the regulations are consistent                                                         
with this Act.                                                                                                                  
 * Sec. 28. The uncodified law of the State of Alaska is amended by                                                           
adding a new section to read:                                                                                                   
     CONDITIONAL EFFECT. Section 21 of this Act takes effect                                                                    
only if                                                                                                                         
            (1)  AS 46.39.005 takes effect after July 1, 2011; and                                                             
           (2)  secs. 1 - 13 and 18, ch. 31, SLA 2005, take effect.                                                            
 * Sec. 29. The uncodified law of the State of Alaska enacted in sec.                                                         
22, ch. 31, SLA 2005, is amended to read:                                                                                       
          Sec. 22. Sections 1 - 13 and 18, ch. 31, SLA 2005, [OF THIS                                                       
     ACT] take effect July 1, 2017 [2011, UNLESS THE STATE'S                                                                
     REVISED COASTAL MANAGEMENT PROGRAM HAS NOT                                                                                 
     BEEN APPROVED BY THE NATIONAL OCEANIC AND                                                                                  
     ATMOSPHERIC ADMINISTRATION, OFFICE OF OCEAN                                                                                
     AND COASTAL RESOURCE MANAGEMENT, UNITED                                                                                    
     STATES DEPARTMENT OF COMMERCE, UNDER 16 U.S.C.                                                                             
     1455 AND 1457 (COASTAL ZONE MANAGEMENT ACT OF                                                                              
     1972) BEFORE JANUARY 1, 2006. IF THE STATE'S REVISED                                                                       
     COASTAL MANAGEMENT PROGRAM IS NOT APPROVED                                                                                 
     BEFORE JANUARY 1, 2006, BY THE NATIONAL OCEANIC                                                                            
     AND ATMOSPHERIC ADMINISTRATION, OFFICE OF                                                                                  
     OCEAN AND COASTAL RESOURCE MANAGEMENT,                                                                                     
     UNITED STATES DEPARTMENT OF COMMERCE, THEN                                                                                 
     SECS. 1 - 13 AND 18 OF THIS ACT TAKE EFFECT MAY 10,                                                                        
     2006. THE COMMISSIONER OF NATURAL RESOURCES                                                                                
     SHALL NOTIFY THE REVISOR OF STATUTES ON                                                                                    

2011-06-27                     Senate Journal                      Page 1160
     FEBRUARY 1, 2006, WHETHER THE REVISED COASTAL                                                                              
     MANAGEMENT PROGRAM HAS BEEN APPROVED AS                                                                                    
     DESCRIBED IN THIS SECTION].                                                                                                
 * Sec. 30. If sec. 21 of this Act takes effect under sec. 28 of this Act, it                                                 
takes effect on the date that secs. 1 - 13 and 18, ch. 33, SLA 2005, take                                                       
effect.                                                                                                                         
 * Sec. 31. Sections 1, 3 - 20, 22, 25, and 26 of this Act take effect                                                        
July 1, 2012.                                                                                                                   
 * Sec. 32. Except as provided in secs. 30 and 31 of this Act, this Act                                                       
takes effect immediately under AS 01.10.070(c)."                                                                                
                                                                                                                                
Senator Wielechowski moved for the adoption of Amendment No. 1.                                                                 
Senator Coghill objected.                                                                                                       
                                                                                                                                
Senator Giessel rose to a point of order. President Stevens ruled the                                                           
Senate proceeding was in order.                                                                                                 
                                                                                                                                
Senator Coghill rose to the same point of order citing Mason's Manual                                                           
Sec. 780-12. President Stevens ruled the point out of order.