CS FOR SENATE BILL NO. 102(RES) "An Act relating to an extension for review and approval of revisions to the Alaska coastal management program; providing for an effective date by amending the effective date of sec. 45, ch. 24, SLA 2003; and providing for an effective date." This was the first hearing for this bill in the Senate Finance Committee. DOUG LETCH, Staff to Senator Gary Stevens, the bill's sponsor, testified in support of the forthcoming committee substitute, Version 24-LS0491\P, that would be being presented by Joe Balash, staff to Senator Gene Therriault. The Version "P" committee substitute would further Senator G. Stevens' desire to provide additional time in which coastal districts could revise their plans pertaining to Statutes that were implemented two years prior. Co-Chair Green pointed out that the addition of such language added ten pages to the previous version of the bill. Mr. Letch affirmed. Co-Chair Green observed that those ten pages must contain a lot of repeat language and very little actual change. 10:22:44 AM JOE BALASH, Staff to Senator Gene Therriault and Aide to the Legislative Budget & Audit Committee, stated that committee substitute, Version 24-LS0491\P would accomplish four things. It would extend by six months, with one exception, the entirety of the deadlines specified in HB 191, which had been adopted two years prior. The proposed six-month extension would be acceptable to the Governor Frank Murkowski Administration. The exception to the six- month extension would be the deadline pertaining to "the submission of the revised local plans": those plans would receive a two-month extension. This would allow coastal districts to review "what standards" the federal Office of Ocean and Coastal Resource Management (OCRM) approved before the coastal districts provided their final submissions. Mr. Balash continued that one portion of the ten-page bill increase would be attributed to the July 1, 2011 termination or "sunset" component of the program. This date would provide sufficient time in which "the full implementation" of the changes to the coast management program could occur. It would also allow time for federal approval of both the State standards and the local district plans, as well as "four years of operation of the program". This timeframe would be similar to what the State provides to the operation of its boards, commissions, and other regulatory bodies. Mr. Balash noted that the committee substitute would clarify the scope of the local district plans and would also "automatically make changes to the old district plans that the Legislature has twice indicated in the past three years that it would like to see made". 10:24:24 AM Mr. Balash informed the Committee that some changes must be made to the Version "P" committee substitute. One of those changes would pertain to language in Sec. 14(b) page 11 lines 10 through 16, as the original language in AS 46.40.030(b) must be re-incorporated. In addition the word "may", as denoted on line 12 should be changed to the word "shall". Co-Chair Wilken moved to adopt committee substitute Version 24- LS0491\P as the working document. There being no objection, Version "P" was ADOPTED as the working document. Conceptual Amendment #1: This amendment reinstitutes the original Statute language into Sec. 14(b) page 11 lines 10 through 16. In addition, the word "may" in that original language is replaced with the word "shall". The revised language reads as follows. (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 shall not duplicate, restate, or incorporate by reference statutes and administrative regulations adopted by state or federal agencies. Senator Dyson moved to adopt Conceptual Amendment #1. There being no objection, Conceptual Amendment #1 was ADOPTED. Mr. Balash explained that other changes are requested in regards to language in Sec. 20 page 12, line 25. Currently, language in Sections 1 through 13 provides "the clean up language and the entirety of the references to the Coastal Management Program consistency determinations in other areas of statute. Sec. 17, which is a fairly lengthy repeal section is designed to be a sunset provision that will be renewed in the future". However, no provision is included in the bill "that links to direction for the" Division of Legislation Audit "to conduct a sunset review". Therefore, another conceptual amendment would be requested to specify "that the Alaska Coastal Management Program be added to AS 44.66.020." In response to a comment by Co-Chair Green, Mr. Balash clarified that AS 44.66.010 is a listing of boards and commissions, whereas AS 44.66.020 is a list of programs that would be eligible for audits. Amendment #2: This amendment inserts language into the bill that adds the Alaska Coastal Zone Management program to AS 44.66.020 in order to make it audit eligible. Co-Chair Wilken moved to adopt Conceptual Amendment #2. There being no objection, Conceptual Amendment #2 was ADOPTED. Mr. Balash stated that the Governor Frank Murkowski Administration has requested "that they be granted authority to issue emergency regulations to implement this Act". Legislative Legal and Research Services has informed the bill's sponsors that the Department of Natural Resources "already has the statutory authority necessary, they simply need to issue a written finding ? that an emergency exists." However, the Department of Natural Resources has requested that such language be included in the bill for clarification purposes. Amendment #3: This amendment amends uncodified law to add a new section that reads as follows. Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to read: EMERGENCY REGULATIONS: The need to adopt regulations consistent with this Act is declared an emergency, and the Department of Natural Resources shall proceed to adopt emergency conforming regulations to implement the provisions of this Act. AT EASE 10:30:39 AM / 10:33:35 AM Co-Chair Wilken moved to adopt Conceptual Amendment #3. There being no objection, Conceptual Amendment #3 was ADOPTED. Co-Chair Wilken moved to report the bill, as amended, from Committee with individual recommendations and accompanying fiscal notes. There being no objection, CS SB 102 (FIN) was REPORTED from Committee with zero fiscal note #2 dated March 8, 2005 from the Department of Commerce, Community and Economic Development; zero fiscal note #3 dated March 8, 2005 from the Department of Fish and Game; zero fiscal note #4 dated March 14, 2005 from the Department of Environmental Conservation; and new a zero fiscal note dated May 3, 2005 from the Department of Natural Resources. 10:35:15 AM