00 CS FOR HOUSE BILL NO. 189(STA) 01 "An Act repealing the Alaska Coastal Management Program; relating to an extension 02 for review and approval of revisions to the Alaska coastal management program; 03 providing for an effective date by amending the effective date of sec. 45, ch. 24, SLA 04 2003; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06  * Section 1. AS 09.45.230(b) is amended to read: 07 (b) A person may not maintain an action under this section based upon an air 08 emission or water or solid waste discharge, other than the placement of nuclear waste, 09 where the emission or discharge was expressly authorized by and is not in violation of 10 a term or condition of 11 (1) a statute or regulation; 12 (2) a license, permit, or order that is 13 (A) issued after public hearing by the state or federal 14 government; and 01 (B) subject to 02 (i) continuing compliance monitoring; 03 (ii) periodic review by the issuing agency; or 04 (iii) renewal on a periodic basis; or 05 [(iv) AS 46.40; OR] 06 (3) a court order or judgment. 07  * Sec. 2. AS 16.43.160(e) is amended to read: 08 (e) For an entry permit or an interim-use permit issued for calendar year 2002 09 and following years, the annual base fee may not be less than $10 or more than $300. 10 The annual base fee must reasonably reflect the different rates of economic return for 11 different fisheries. The fee for a nonresident entry permit or a nonresident interim-use 12 permit shall be higher than the annual base fee by an amount, established by the 13 commission by regulation, that is as close as is practicable to the maximum allowed by 14 law. The amount of the fee for a nonresident entry permit or a nonresident interim-use 15 permit may reflect 16 (1) the costs incurred by the state that are directly attributable to 17 participation of nonresidents in the commercial fisheries of the state; 18 (2) the costs incurred by the state for 19 (A) direct operating expenditures for ongoing management, 20 support, and regulation of the commercial fishing industry, including relevant 21 expenditures of the 22 (i) Department of Environmental Conservation - air and 23 water quality permitting activities and seafood inspection activities; 24 (ii) Department of Commerce, Community, and 25 Economic Development - commercial fishing loan program, Alaska 26 Seafood Marketing Institute, regional seafood development program, 27 and community development quota program; 28 (iii) Department of Fish and Game - division of 29 commercial fisheries, board support section, division of administrative 30 services, division of sport fish, commissioner's office, and Alaska 31 Commercial Fisheries Entry Commission; 01 (iv) Department of Labor and Workforce Development 02 - wage and hour enforcement, mechanical inspections, occupational 03 safety and health activities, and fishermen's fund; 04 (v) Department of Law; 05 (vi) Department of Natural Resources, including [THE 06 ALASKA COASTAL MANAGEMENT PROGRAM AND] habitat 07 programs; 08 (vii) Department of Public Safety - commercial 09 fisheries enforcement; 10 (viii) Department of Revenue - fisheries business tax 11 program, fishery resource landing tax program, seafood development 12 tax program, salmon fishery assessment program, permit buy-back 13 assessment program, and dive fishery management assessment 14 program; 15 (ix) University of Alaska - Fisheries Industrial 16 Technology Center, Institute of Marine Science, Marine Advisory 17 Program, Sea Grant College Program, and School of Fisheries and 18 Ocean Sciences; 19 (x) Legislature; 20 (xi) Alaska Court System; 21 (B) indirect operating expenditures for general overhead 22 attributable to supporting the commercial fishing industry, including 23 expenditures for general overhead attributable to components of agencies that 24 have direct operating expenditures identified under (A) of this paragraph and to 25 components of agencies for which direct operating expenditures related to the 26 ongoing management, support, and regulation of the commercial fishing 27 industry cannot be readily determined; 28 (C) capital costs directly supporting the commercial fishing 29 industry; and 30 (D) expenditures to subsidize the construction and operation of 31 salmon hatcheries. 01  * Sec. 3. AS 37.10.058(2) is amended to read: 02 (2) "designated regulatory service" means a regulatory service 03 provided under the following regulatory programs: 04 (A) control of solid waste facilities under AS 46.03.020(10)(D) 05 and (E); 06 (B) regulation of the disposal of waste into waters of the state 07 under AS 46.03.100; 08 (C) certification of federal permits or authorizations under 33 09 U.S.C. 1341 (sec. 401, Clean Water Act); 10 (D) [A COASTAL MANAGEMENT CONSISTENCY 11 DETERMINATION RELATING TO A PERMIT OR AUTHORIZATION 12 ISSUED UNDER A PROGRAM LISTED IN (A) - (C) OF THIS 13 PARAGRAPH, IF THE DETERMINATION IS MADE BY THE AGENCY 14 ISSUING THE PERMIT OR AUTHORIZATION; 15 (E)] any authorization for the use or appropriation of water 16 under AS 46.15; and 17 (E) [(F)] administration of emission control permits for the air 18 quality control program under AS 46.14. 19  * Sec. 4. AS 37.10.058(7) is amended to read: 20 (7) "permit" means a permit, license, certificate, or approval [, OR 21 COASTAL MANAGEMENT CONSISTENCY DETERMINATION]; 22  * Sec. 5. AS 38.05.035(e) is amended to read: 23 (e) Upon a written finding that the interests of the state will be best served, the 24 director may, with the consent of the commissioner, approve contracts for the sale, 25 lease, or other disposal of available land, resources, property, or interests in them. In 26 approving a contract under this subsection, the director need only prepare a single 27 written finding. In addition to the conditions and limitations imposed by law, the 28 director may impose additional conditions or limitations in the contracts as the director 29 determines, with the consent of the commissioner, will best serve the interests of the 30 state. The preparation and issuance of the written finding by the director are subject to 31 the following: 01 (1) with the consent of the commissioner and subject to the director's 02 discretion, for a specific proposed disposal of available land, resources, or property, or 03 of an interest in them, the director, in the written finding, 04 (A) shall establish the scope of the administrative review on 05 which the director's determination is based, and the scope of the written 06 finding supporting that determination; the scope of the administrative review 07 and finding may address only reasonably foreseeable, significant effects of the 08 uses proposed to be authorized by the disposal; 09 (B) may limit the scope of an administrative review and finding 10 for a proposed disposal to 11 (i) applicable statutes and regulations; 12 (ii) the facts pertaining to the land, resources, or 13 property, or interest in them, that the director finds are material to the 14 determination and that are known to the director or knowledge of which 15 is made available to the director during the administrative review; and 16 (iii) issues that, based on the statutes and regulations 17 referred to in (i) of this subparagraph, on the facts as described in (ii) of 18 this subparagraph, and on the nature of the uses sought to be authorized 19 by the disposal, the director finds are material to the determination of 20 whether the proposed disposal will best serve the interests of the state; 21 and 22 (C) may, if the project for which the proposed disposal is 23 sought is a multiphased development, limit the scope of an administrative 24 review and finding for the proposed disposal to the applicable statutes and 25 regulations, facts, and issues identified in (B)(i) - (iii) of this paragraph that 26 pertain solely to the disposal phase of the project when 27 (i) the only uses to be authorized by the proposed 28 disposal are part of that phase; 29 (ii) the disposal is a disposal of oil and gas, or of gas 30 only, and, before the next phase of the project may proceed, public 31 notice and the opportunity to comment are provided under regulations 01 adopted by the department [UNLESS THE PROJECT IS SUBJECT 02 TO A CONSISTENCY REVIEW UNDER AS 46.40 AND PUBLIC 03 NOTICE AND THE OPPORTUNITY TO COMMENT ARE 04 PROVIDED UNDER AS 46.40.096(c)]; 05 (iii) the department's approval is required before the 06 next phase of the project may proceed; and 07 (iv) the department describes its reasons for a decision 08 to phase; 09 (2) the director shall discuss in the written finding prepared and issued 10 under this subsection the reasons that each of the following was not material to the 11 director's determination that the interests of the state will be best served: 12 (A) facts pertaining to the land, resources, or property, or an 13 interest in them other than those that the director finds material under (1)(B)(ii) 14 of this subsection; and 15 (B) issues based on the statutes and regulations referred to in 16 (1)(B)(i) of this subsection and on the facts described in (1)(B)(ii) of this 17 subsection; 18 (3) a written finding for an oil and gas lease sale or gas only lease sale 19 under AS 38.05.180 is subject to (g) of this section; 20 (4) a contract for the sale, lease, or other disposal of available land or 21 an interest in land is not legally binding on the state until the commissioner approves 22 the contract, but if the appraised value is not greater than $50,000 in the case of the 23 sale of land or an interest in land, or $5,000 in the case of the annual rental of land or 24 interest in land, the director may execute the contract without the approval of the 25 commissioner; 26 (5) public notice requirements relating to the sale, lease, or other 27 disposal of available land or an interest in land for oil and gas, or for gas only, 28 proposed to be scheduled in the five-year oil and gas leasing program under 29 AS 38.05.180(b), except for a sale under (6)(F) of this subsection, are as follows: 30 (A) before a public hearing, if held, or in any case not less than 31 180 days before the sale, lease, or other disposal of available land or an interest 01 in land, the director shall make available to the public a preliminary written 02 finding that states the scope of the review established under (1)(A) of this 03 subsection and includes the applicable statutes and regulations, the material 04 facts and issues in accordance with (1)(B) of this subsection, and information 05 required by (g) of this section, upon which the determination that the sale, 06 lease, or other disposal will serve the best interests of the state will be based; 07 the director shall provide opportunity for public comment on the preliminary 08 written finding for a period of not less than 60 days; 09 (B) after the public comment period for the preliminary written 10 finding and not less than 90 days before the sale, lease, or other disposal of 11 available land or an interest in land for oil and gas or for gas only, the director 12 shall make available to the public a final written finding that states the scope of 13 the review established under (1)(A) of this subsection and includes the 14 applicable statutes and regulations, the material facts and issues in accordance 15 with (1) of this subsection, and information required by (g) of this section, 16 upon which the determination that the sale, lease, or other disposal will serve 17 the best interests of the state is based; 18 (6) before a public hearing, if held, or in any case not less than 21 days 19 before the sale, lease, or other disposal of available land, property, resources, or 20 interests in them other than a sale, lease, or other disposal of available land or an 21 interest in land for oil and gas or for gas only under (5) of this subsection, the director 22 shall make available to the public a written finding that, in accordance with (1) of this 23 subsection, sets out the material facts and applicable statutes and regulations and any 24 other information required by statute or regulation to be considered upon which the 25 determination that the sale, lease, or other disposal will best serve the interests of the 26 state was based; however, a written finding is not required before the approval of 27 (A) a contract for a negotiated sale authorized under 28 AS 38.05.115; 29 (B) a lease of land for a shore fishery site under AS 38.05.082; 30 (C) a permit or other authorization revocable by the 31 commissioner; 01 (D) a mineral claim located under AS 38.05.195; 02 (E) a mineral lease issued under AS 38.05.205; 03 (F) an exempt oil and gas lease sale or gas only lease sale under 04 AS 38.05.180(d) of acreage subject to a best interest finding issued within the 05 previous 10 years or a reoffer oil and gas lease sale or gas only lease sale under 06 AS 38.05.180(w) of acreage subject to a best interest finding issued within the 07 previous 10 years, unless the commissioner determines that substantial new 08 information has become available that justifies a supplement to the most recent 09 best interest finding for the exempt oil and gas lease sale or gas only lease sale 10 acreage and for the reoffer oil and gas lease sale or gas only lease sale acreage; 11 however, for each oil and gas lease sale or gas only lease sale described in this 12 subparagraph, the director shall call for comments from the public; the 13 director's call for public comments must provide opportunity for public 14 comment for a period of not less than 30 days; if the director determines that a 15 supplement to the most recent best interest finding for the acreage is required 16 under this subparagraph, 17 (i) the director shall issue the supplement to the best 18 interest finding not later than 90 days before the sale; 19 (ii) not later than 45 days before the sale, the director 20 shall issue a notice describing the interests to be offered, the location 21 and time of the sale, and the terms and conditions of the sale; and 22 (iii) the supplement has the status of a final written best 23 interest finding for purposes of (i) and (l) of this section; 24 (G) a surface use lease under AS 38.05.255; 25 (H) a permit, right-of-way, or easement under AS 38.05.850; 26 (7) the director shall include in 27 (A) a preliminary written finding, if required, a summary of 28 agency and public comments, if any, obtained as a result of contacts with other 29 agencies concerning a proposed disposal or as a result of informal efforts 30 undertaken by the department to solicit public response to a proposed disposal, 31 and the department's preliminary responses to those comments; and 01 (B) the final written finding a summary of agency and public 02 comments received and the department's responses to those comments. 03  * Sec. 6. AS 38.05.945(d) is amended to read: 04 (d) Notice at least 30 days before action under (a)(5) of this section shall be 05 given to appropriate 06 [(1)] regional fish and game councils established under AS 16.05.260 07 [; AND 08 (2) COASTAL RESOURCE SERVICE AREAS ORGANIZED 09 UNDER AS 46.40.110 - 46.40.210]. 10  * Sec. 7. AS 41.17.900(d) is amended to read: 11 (d) Notwithstanding any other provision of this chapter, the state forester and 12 the commissioner may not employ the authority vested by this chapter so as to 13 duplicate or preempt the statutory authority of other state agencies to adopt regulations 14 or undertake other administrative actions governing resources, values, or activities on 15 forest land except for 16 [(1) REGULATIONS UNDER THE COASTAL MANAGEMENT 17 ACT; AND 18 (2)] regulations, if authorized by the commissioner of environmental 19 conservation, relating to control of nonpoint source pollution. 20  * Sec. 8. AS 41.21.492(b) is amended to read: 21 (b) Nothing in AS 41.21.491 - 41.21.495 affects the responsibilities of 22 (1) the Department of Fish and Game, the Board of Fisheries, or the 23 Board of Game under AS 16 and AS 41.99.010; or  24 (2) the Department of Environmental Conservation under AS 46.03 [; 25 OR 26 (3) STATE AGENCIES AND MUNICIPALITIES UNDER 27 AS 46.39.010 AND AS 46.40.100]. 28  * Sec. 9. AS 41.21.504(b) is amended to read: 29 (b) Nothing in AS 41.21.500 - 41.21.514 affects the applicability of 30 (1) AS 41.99.010 and AS 16 regarding the responsibilities of the 31 Department of Fish and Game or the Board of Fisheries or the Board of Game; or 01 (2) AS 46.03 regarding the responsibilities of the Department of 02 Environmental Conservation [; OR 03 (3) AS 46.39.010 AND AS 46.40.100 REGARDING THE 04 RESPONSIBILITIES OF STATE AGENCIES AND MUNICIPALITIES]. 05  * Sec. 10. AS 41.23.420(d) is amended to read: 06 (d) The provisions of AS 41.23.400 - 41.23.510 do not affect the authority of 07 (1) the Department of Fish and Game, the Board of Fisheries, the 08 Board of Game, or the Department of Commerce, Community, and Economic 09 Development under AS 08.54, AS 16, or AS 41.99.010; or  10 (2) the Department of Environmental Conservation under AS 46.03 [; 11 OR 12 (3) STATE AGENCIES AND MUNICIPALITIES UNDER 13 AS 46.39.010 AND AS 46.40.100]. 14  * Sec. 11. AS 44.33.788 is amended to read: 15 Sec. 44.33.788. Other planning powers. The department may accept and 16 expend grants from the federal government and other public or private sources, may 17 contract with reference to them, and may enter into contracts and exercise all other 18 powers necessary to carry out 44.33.782 - 44.33.788 [AS 44.33.781 - 44.33.788]. 19  * Sec. 12. AS 44.33.790 is amended to read: 20 Sec. 44.33.790. Definition. In AS 44.33.782 - 44.33.790 [AS 44.33.781 - 21 44.33.790], "department" means the Department of Commerce, Community, and 22 Economic Development. 23  * Sec. 13. AS 44.33.844 is amended to read: 24 Sec. 44.33.844. Boundaries. The boundaries of an area studied shall conform 25 to the boundaries indicated in the request for the study under AS 44.33.842 unless the 26 commissioner, after a public hearing held in the area of the proposed study, determines 27 that the boundaries should be altered. In determining the boundaries of an area to be 28 studied, the commissioner shall consider 29 (1) the standards applicable to the incorporation of boroughs under 30 AS 29.05.031; 31 (2) boundaries of regional corporations established under 43 U.S.C. 01 1606; 02 (3) census divisions of the state used for the 1980 census; and  03 (4) boundaries of the regional educational attendance areas established 04 under AS 14.08.031 [; AND 05 (5) BOUNDARIES OF COASTAL RESOURCE SERVICE AREAS 06 ORGANIZED UNDER AS 46.40.110 - 46.40.210]. 07  * Sec. 14. The uncodified law of the State of Alaska enacted in sec. 46(c), ch. 24, SLA 08 2003, is amended to read: 09 (c) Notwithstanding any contrary provision of ch. 24, SLA 2003 [THIS ACT], 10 the repeal of the Alaska Coastal Policy Council enacted by sec. 44, ch. 24, SLA 2003 11 [OF THIS ACT], and the repeal of the Alaska Coastal Policy Council's duties in 12 AS 46.40.040, as amended by sec. 10, ch. 24, SLA 2003 [OF THIS ACT], a district 13 coastal management program, including its enforceable policies, approved by the 14 former Alaska Coastal Policy Council remains in effect for purposes of AS 46.39 and 15 AS 46.40 until January 1, 2007 [JULY 1, 2006], unless the Department of Natural 16 Resources disapproves or modifies all or part of the program before January 1, 2007 17 [JULY 1, 2006]. 18  * Sec. 15. The uncodified law of the State of Alaska enacted in sec. 47(a), ch. 24, SLA 19 2003, is amended to read: 20 (a) Within six months [ONE YEAR] after review and approval of the  21 state's revised coastal management program by the National Oceanic and  22 Atmospheric Administration, Office of Ocean and Coastal Resource  23 Management, United States Department of Commerce, under 16 U.S.C. 1455 and  24 1457 (Coastal Zone Management Act of 1972) [THE EFFECTIVE DATE OF 25 REGULATIONS ADOPTED BY THE DEPARTMENT OF NATURAL 26 RESOURCES IMPLEMENTING CHANGES TO AS 46.40.010 - 46.40.090, 27 ENACTED BY SECS. 8 - 15 AND 44 OF THIS ACT, OR BY JULY 1, 2005, 28 WHICHEVER IS LATER], coastal resource districts shall review their existing 29 district coastal management program and submit to the Department of Natural 30 Resources for review and approval a revised district coastal management plan meeting 31 the requirements of AS 46.40 [, AS AMENDED BY THIS ACT,] and the 01 implementing regulations. 02  * Sec. 16. AS 41.17.900(e); AS 44.33.781; AS 46.39.010, 46.39.030, 46.39.040, 46.39.900; 03 AS 46.40.010, 46.40.020, 46.40.030, 46.40.040, 46.40.050, 46.40.060, 46.40.070, 46.40.090, 04 46.40.094, 46.40.096, 46.40.100, 46.40.110, 46.40.140, 46.40.150, 46.40.180, 46.40.190, 05 46.40.195, 46.40.205, and 46.40.210 are repealed. 06  * Sec. 17. The uncodified law of the State of Alaska enacted in sec. 49, ch. 24, SLA 2003, 07 is amended to read: 08 Sec. 49. Section 45, ch. 24, SLA 2003, [OF THIS ACT] takes effect March 1,  09 2006 [JULY 1, 2005]. 10  * Sec. 18. Sections 1 - 13 and 16 of this Act take effect July 1, 2011. 11  * Sec. 19. Except as provided in sec. 18 of this Act, this Act takes effect immediately under 12 AS 01.10.070(c).