00 CS FOR HOUSE BILL NO. 243(CRA) 01 "An Act relating to the Alaska coastal management program; and establishing the 02 Alaska Coastal Policy Board." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 46.39 is amended by adding a new section to article 1 to read: 05 Sec. 46.39.005. Alaska Coastal Policy Board. (a) There is created in the 06 Department of Natural Resources the Alaska Coastal Policy Board. The board consists 07 of the following: 08 (1) four public members appointed by the governor from a list 09 composed of at least three names from each region, nominated and submitted by the 10 coastal districts of each region; one public member shall be appointed from each of the 11 following regions: 12 (A) northwest Alaska, including, generally, the area of the 13 North Slope Borough and the Northwest Arctic Borough; and the Bering Strait 14 area, including, generally, the area of the Bering Strait regional educational 01 attendance area; 02 (B) southwest Alaska, including, generally, the area within the 03 Lower Yukon, Lower Kuskokwim, and Southwest regional educational 04 attendance areas and the Lake and Peninsula and Bristol Bay Boroughs; and 05 the Kodiak-Aleutians area, including the Kodiak Island and area of the 06 Aleutians East Boroughs and the area of the Aleutian, Adak, and Pribilof 07 regional educational attendance areas; 08 (C) Upper Cook Inlet area, including the Municipality of 09 Anchorage and the Matanuska-Susitna Borough; the Lower Cook Inlet area, 10 including, generally, the Kenai Peninsula Borough; and the Prince William 11 Sound area, including, generally, the area east of the Kenai Peninsula Borough 12 to 141 West longitude; and 13 (D) Southeast Alaska, generally the area east of 141 West 14 longitude; 15 (2) each of the following: 16 (A) the commissioner of environmental conservation; 17 (B) the commissioner of fish and game; and 18 (C) the commissioner of natural resources. 19 (b) Each public member appointed by the governor under (a)(1) of this section 20 serves a term of two years and until a successor is appointed and qualified. A public 21 member may be reappointed. 22 (c) The board shall designate co-chairs, one of whom shall be selected from 23 among the public members appointed under (a)(1) of this section and one from among 24 the members designated in (a)(2) of this section. 25 (d) Each member of the board shall select one person to serve as a permanent 26 alternate at meetings of the board. If a member of the board is unable to attend, the 27 member shall advise the alternate, who may attend and act in the place of the member. 28 The alternate for each public member appointed under (a)(1) of this section shall be 29 approved by the coastal districts in each region. The alternate for a designated member 30 serving under (a)(2) of this section shall be a deputy commissioner of the department 31 or the director of a division in the department. The names of alternates shall be filed 01 with the board. 02 (e) Three public members and two designated members of the board constitute 03 a quorum, but one or more of the members designated by the board may hold hearings. 04 All decisions of the board shall be by a majority vote of the members present and 05 voting. 06 (f) Members of the board or their alternates are entitled to per diem and travel 07 expenses authorized by law for members of boards and commissions. 08 (g) Administrative support for the board shall be provided by the division in 09 the department responsible for coastal and ocean management. The director of the 10 division in the department responsible for coastal and ocean management, under 11 direction of the co-chair designated by the board from the individuals listed in (a)(2) 12 of this section, may contract with or employ persons as necessary to assist the board in 13 carrying out the board's duties and responsibilities. 14 * Sec. 2. AS 46.39.010(b) is amended to read: 15 (b) The department may adopt regulations approved by the board necessary 16 to implement this chapter. 17 * Sec. 3. AS 46.39.030 is amended to read: 18 Sec. 46.39.030. Powers of the board [DEPARTMENT]. The board 19 [DEPARTMENT] may 20 (1) apply for and accept grants, contributions, and appropriations, 21 including application for and acceptance of federal funds that may become available 22 for coastal planning and management; 23 (2) contract for necessary services; 24 (3) consult and cooperate with 25 (A) persons, organizations, and groups, public or private, 26 interested in, affected by, or concerned with coastal area planning and 27 management; 28 (B) agents and officials of the coastal resource districts of the 29 state, and federal and state agencies concerned with or having jurisdiction over 30 coastal planning and management; 31 (4) take any reasonable action necessary to carry out the provisions of 01 this chapter or AS 46.40. 02 * Sec. 4. AS 46.39.040 is amended to read: 03 Sec. 46.39.040. Duties of the board [DEPARTMENT]. In conformity with 04 16 U.S.C. 1451 - 1464 (Coastal Zone Management Act of 1972), as amended, the 05 board [DEPARTMENT] shall 06 (1) approve [DEVELOP] statewide standards for the Alaska coastal 07 management program [,] and criteria for the preparation and approval of district 08 coastal management plans in accordance with AS 46.40; 09 (2) [ESTABLISH CONTINUING COORDINATION AMONG 10 STATE AGENCIES TO FACILITATE THE DEVELOPMENT AND 11 IMPLEMENTATION OF THE ALASKA COASTAL MANAGEMENT PROGRAM; 12 IN CARRYING OUT ITS DUTIES UNDER THIS PARAGRAPH, THE 13 DEPARTMENT SHALL INITIATE AN INTERAGENCY PROGRAM OF 14 COMPREHENSIVE COASTAL RESOURCE PLANNING FOR EACH 15 GEOGRAPHIC REGION OF THE STATE; 16 (3)] assure continued provision of data and information to coastal 17 resource districts to carry out their planning and management functions under the 18 program. 19 * Sec. 5. AS 46.39.900 is amended to read: 20 Sec. 46.39.900. Definitions [DEFINITION]. In this chapter, unless the 21 context requires otherwise, 22 (1) "board" means the Alaska Coastal Policy Board established in 23 AS 46.39.005; 24 (2) "department" means the Department of Natural Resources. 25 * Sec. 6. AS 46.40.010 is amended to read: 26 Sec. 46.40.010. Development of Alaska coastal management program. (a) 27 The Alaska Coastal Policy Board [DEPARTMENT] shall approve, in accordance 28 with this chapter, program changes to the Alaska coastal management program. 29 (b) The board [DEPARTMENT] may approve the Alaska coastal 30 management program for a portion or portions of the coastal area before approving the 31 [COMPLETE] program changes under (a) of this section. Portions of the program 01 approved under this subsection shall be incorporated into the Alaska coastal 02 management program. 03 (c) The Alaska coastal management program shall be reviewed by the board 04 [DEPARTMENT] and, when appropriate, revised to 05 (1) add newly approved district coastal management plans [,] or 06 revisions and amendments to the Alaska coastal management program; 07 (2) integrate newly approved district coastal management plans [,] or 08 revisions and amendments of district coastal management plans [,] with existing 09 approved plans and with plans developed by state agencies; 10 (3) add new or revised state statutes, policies, regulations, or other 11 appropriate material; 12 (4) evaluate [REVIEW] the effectiveness [OF IMPLEMENTATION] 13 of district coastal management plans; and 14 (5) consider new information acquired by the state and coastal resource 15 districts. 16 (d) All reviews and revisions shall be in accordance with the statewide 17 standards and district plan criteria adopted under AS 46.40.040. 18 * Sec. 7. AS 46.40.020 is amended to read: 19 Sec. 46.40.020. Objectives. The Alaska coastal management program shall be 20 consistent with the following objectives: 21 (1) the use, management, restoration, and enhancement of the overall 22 quality of the coastal environment; 23 (2) the development of industrial or commercial enterprises that are 24 consistent with the social, cultural, historic, economic, and environmental interests of 25 the people of the state; 26 (3) the orderly, balanced utilization and protection of the resources of 27 the coastal area consistent with sound conservation and sustained yield principles; 28 (4) the management of coastal land and water uses in such a manner 29 that, generally, those uses that [WHICH] are economically or physically dependent on 30 a coastal location are given higher priority when compared to uses that [WHICH] do 31 not economically or physically require a coastal location; 01 (5) the protection and management of significant historic, cultural, 02 natural, subsistence, and aesthetic values and natural systems or processes within the 03 coastal area; 04 (6) the prevention of damage to or degradation of land and water 05 reserved for their natural and subsistence values as a result of inconsistent land or 06 water usages adjacent to that land; 07 (7) the recognition of the need for a continuing supply of energy to 08 meet the requirements of the state and the contribution of a share of the state's 09 resources to meet national energy needs; and 10 (8) the full and fair evaluation of all demands on the land and water in 11 the coastal area. 12 * Sec. 8. AS 46.40.040(a) is amended to read: 13 (a) Except as provided in [(b) OF THIS SECTION AND] AS 41.17, the 14 department shall, with approval by the board, 15 (1) by regulation, adopt, under the provisions of AS 44.62 16 (Administrative Procedure Act) for the use of and application by coastal resource 17 districts and state agencies for carrying out their responsibilities under this chapter, 18 statewide standards and district coastal management plan criteria for 19 (A) identifying the boundaries of the coastal area subject to the 20 Alaska coastal management program; 21 (B) determining the land and water uses and activities subject 22 to the Alaska coastal management program; 23 (C) developing policies applicable to the land and water uses 24 subject to the Alaska coastal management program; 25 (D) developing regulations applicable to the land and water 26 uses subject to the Alaska coastal management program; 27 (E) developing policies and procedures to determine whether 28 specific proposals for the land and water uses or activities subject to the Alaska 29 coastal management program shall be allowed; 30 (F) designating and developing policies for the use of areas of 31 the coast that merit special attention; and 01 (G) measuring the progress of a coastal resource district in 02 meeting its responsibilities under this chapter; 03 (2) [DEVELOP AND MAINTAIN A PROGRAM OF TECHNICAL 04 AND FINANCIAL ASSISTANCE TO AID COASTAL RESOURCE DISTRICTS IN 05 THE DEVELOPMENT AND IMPLEMENTATION OF DISTRICT COASTAL 06 MANAGEMENT PLANS; 07 (3) UNDERTAKE REVIEW AND APPROVAL OF DISTRICT 08 COASTAL MANAGEMENT PLANS IN ACCORDANCE WITH THIS CHAPTER; 09 (4) INITIATE A PROCESS FOR IDENTIFYING AND MANAGING 10 USES OF STATE CONCERN WITHIN SPECIFIC AREAS OF THE COAST; 11 (5) DEVELOP PROCEDURES OR GUIDELINES FOR 12 CONSULTATION AND COORDINATION WITH FEDERAL AGENCIES 13 MANAGING LAND OR CONDUCTING ACTIVITIES POTENTIALLY 14 AFFECTING THE COASTAL AREA OF THE STATE; 15 (6)] by regulation, establish a consistency review and determination or 16 certification process that conforms to the requirements of AS 46.40.096. 17 * Sec. 9. AS 46.40.040(b) is amended to read: 18 (b) AS 46.03, AS 46.04, AS 46.09, AS 46.14, and the regulations adopted 19 under those statutes constitute the exclusive enforceable policies of the Alaska coastal 20 management program for those purposes. For those purposes only, 21 (1) the issuance of permits, certifications, approvals, and 22 authorizations by the Department of Environmental Conservation establishes 23 consistency with the Alaska coastal management program for those activities of a 24 proposed project subject to those permits, certifications, approvals, and authorizations; 25 (2) for a consistency review of an activity that does not require a 26 Department of Environmental Conservation permit, certification, approval, or 27 authorization because the activity is a federal activity or the activity is located on 28 federal land or the federal outer continental shelf, consistency with AS 46.03, 29 AS 46.04, AS 46.09, and AS 46.14 and the regulations adopted under those statutes 30 shall be established on the basis of whether the Department of Environmental 31 Conservation finds that the activity satisfies the requirements of those statutes and 01 regulations; before making a finding under this paragraph, the Department of 02 Environmental Conservation shall provide notice and an opportunity for public 03 comment. 04 * Sec. 10. AS 46.40.040 is amended by adding new subsections to read: 05 (d) Except as provided in AS 41.17, the board shall 06 (1) develop and maintain a program of technical and financial 07 assistance to aid coastal resource districts in the development and implementation of 08 district coastal management plans; 09 (2) undertake review of and, after public hearing, approve district 10 coastal management plans in accordance with this chapter; 11 (3) initiate a process for identifying and managing uses of state 12 concern within specific areas of the coast; 13 (4) develop procedures or guidelines for consultation and coordination 14 with federal agencies managing land or conducting activities potentially affecting the 15 coastal area of the state. 16 (e) To the extent that AS 46.03, AS 46.04, AS 46.09, and AS 46.14 and the 17 regulations adopted under those statutes do not address a potential effect on coastal 18 resources or uses, the coordinating agency shall review all project activities to ensure 19 that air or water discharges are consistent with statewide standards and the enforceable 20 policies of the coastal resource district. 21 * Sec. 11. AS 46.40.050 is amended to read: 22 Sec. 46.40.050. Submission of district plans by coastal resource districts. 23 (a) A coastal resource district must review and resubmit its coastal management plan 24 for reapproval every 10 years after its approval by the board [DEPARTMENT] under 25 AS 46.40.060. 26 (b) Within 30 months after certification of the organization of a new coastal 27 resource district, the coastal resource district shall complete and submit to the board 28 [DEPARTMENT] a proposed district coastal management plan. If, after receipt of a 29 written request for extension from the coastal resource district, the board 30 [DEPARTMENT] considers an extension proper, the board [DEPARTMENT] may 31 grant an extension to a date that is within 54 months after certification of the results of 01 the coastal resource district's organization. A request under this subsection must 02 include the reasons for the extension. 03 * Sec. 12. AS 46.40.060 is amended to read: 04 Sec. 46.40.060. Review and approval [BY THE DEPARTMENT]. (a) If, 05 upon submission of a district coastal management plan for approval, the board 06 [DEPARTMENT] finds that the plan meets the provisions of this chapter and the 07 statewide standards and district plan criteria adopted by the board [DEPARTMENT] 08 and does not arbitrarily or unreasonably restrict or exclude uses of state concern, the 09 board [DEPARTMENT] may approve the district coastal management plan, or may 10 approve portions of the district plan that meet those requirements. 11 (b) If the board [DEPARTMENT] finds that a district coastal management 12 plan is not approvable or is approvable only in part under (a) of this section, the board 13 [IT] shall direct that deficiencies in the plan submitted by the coastal resource district 14 be mediated. In mediating the deficiencies, the board [DEPARTMENT] may call for 15 one or more public hearings in the district. The board [DEPARTMENT] shall meet 16 with officials of the coastal resource district in order to resolve differences. 17 (c) If, after mediation, the differences have not been resolved and mutually 18 agreed to by the coastal resource district and the board, the board shall call for a 19 public hearing and shall resolve the differences in accordance with AS 44.62 20 (Administrative Procedure Act). After the public hearing, the board 21 [DEPARTMENT] shall enter findings and, by order, may require 22 (1) that the district coastal management plan be amended to satisfy the 23 provisions of this chapter or meet the statewide standards and district plan criteria 24 approved [ADOPTED] by the board [DEPARTMENT]; 25 (2) that the district coastal management plan be revised to 26 accommodate a use of state concern; or 27 (3) any other action be taken by the coastal resource district as 28 appropriate. 29 (d) The superior courts of the state have jurisdiction to enforce orders of the 30 board [DEPARTMENT] entered under (c) of this section. 31 * Sec. 13. AS 46.40.070 is amended to read: 01 Sec. 46.40.070. Requirements for board [DEPARTMENT] review and 02 approval. (a) The board [DEPARTMENT] shall approve a district coastal 03 management plan submitted for review and approval if 04 (1) the district coastal management plan meets the requirements of this 05 chapter and the statewide standards and district plan criteria in regulations adopted by 06 the department with approval by the board; and 07 (2) the enforceable policies of the district coastal management plan 08 (A) are clear and concise as to the activities and persons 09 affected by the policies, and the requirements of the policies; 10 (B) use precise [, PRESCRIPTIVE,] and enforceable language 11 that is either prescriptive or performance-based; and 12 (C) do not address a matter regulated or authorized by state or 13 federal law unless the enforceable policies relate specifically to a matter of 14 local concern; for purposes of this subparagraph, "matter of local concern" 15 means a specific coastal use or resource within a defined portion of the 16 district's coastal zone, that is 17 (i) demonstrated as sensitive to development; 18 (ii) not adequately addressed by a specific state or 19 federal law; and 20 (iii) of special [UNIQUE] concern to the coastal 21 resource district as demonstrated by local usage or scientific evidence. 22 (b) A decision by the board [DEPARTMENT] under this section shall be 23 given within 90 days after submission of the district coastal management plan to the 24 board [DEPARTMENT]. 25 * Sec. 14. AS 46.40.070 is amended by adding a new subsection to read: 26 (c) A coastal resource district enforceable policy may address an effect on any 27 coastal use or resource and may not be required to be associated with a particular area 28 designation. 29 * Sec. 15. AS 46.40.096(a) is amended to read: 30 (a) The department shall, with approval of the board, by regulation, 31 establish a consistency review and determination process that conforms to the 01 requirements of this section. 02 * Sec. 16. AS 46.40.096(b) is amended to read: 03 (b) If a consistency review is not subject to AS 46.39.010 because the project 04 for which a consistency review is made requires a permit, lease, or authorization from 05 only one state resource agency, that state resource agency shall coordinate the 06 consistency review of the project. The state resource agency shall coordinate the 07 consistency review according to the requirements of the regulations adopted by the 08 department with approval of the board under this section. 09 * Sec. 17. AS 46.40.096(c) is amended to read: 10 (c) The regulations adopted by the department with approval of the board 11 under this section must include provisions for public notice and provide the 12 opportunity for public comment. The regulations adopted under this subsection may 13 make distinctions relating to notice based upon differences in project type, anticipated 14 effect of the project on coastal resources and uses, other state or federal notice 15 requirements, and time constraints. However, a notice given under this subsection 16 must contain sufficient information, expressed in commonly understood terms, to 17 inform the public of the nature of the proposed project for which a consistency 18 determination is sought, and must explain how the public may comment on the 19 proposed project. 20 * Sec. 18. AS 46.40.096(d) is amended to read: 21 (d) In preparing a consistency review and determination for a proposed 22 project, the reviewing entity shall 23 (1) request consistency review comments for the proposed project 24 from state resource agencies, affected coastal resource districts, and other interested 25 parties as determined by regulation adopted by the department with approval of the 26 board; 27 (2) prepare proposed consistency determinations; 28 (3) coordinate elevation [SUBSEQUENT REVIEWS] of proposed 29 consistency determinations prepared under (2) of this subsection; an elevation [A 30 SUBSEQUENT REVIEW] of a proposed consistency determination under this 31 paragraph 01 (A) is limited to a review by state resource agencies [THE 02 DEPARTMENT]; 03 (B) may occur only if requested by 04 (i) the project applicant; 05 (ii) a state resource agency; or 06 (iii) an affected coastal resource district; and 07 (C) shall be completed by the department with concurrence of 08 other resource agencies within 45 days after the initial request for subsequent 09 review under this paragraph; 10 (4) render the final consistency determination and certification. 11 * Sec. 19. AS 46.40.096(g) is amended to read: 12 (g) The reviewing entity shall exclude from the consistency review and 13 determination process for a project 14 (1) an aspect of an activity that 15 [(A)] is authorized under a general or nationwide permit that 16 has previously been determined to be consistent with the Alaska coastal 17 management program; [OR 18 (B) IS SUBJECT TO AUTHORIZATION BY THE 19 DEPARTMENT OF ENVIRONMENTAL CONSERVATION UNDER THE 20 REQUIREMENTS DESCRIBED IN AS 46.40.040(b);] 21 (2) activities excluded from a consistency review under AS 41.17; and 22 (3) the issuance of an authorization or permit issued by the Alaska Oil 23 and Gas Conservation Commission. 24 * Sec. 20. AS 46.40.096(k) is amended to read: 25 (k) Except as provided in (g) of this section, AS 41.17, AS 46.40.040(b), and 26 AS 46.40.094, the scope of a consistency review of a project, once triggered under (j) 27 of this section, is limited to activities that are located within the areas described in (l) 28 of this section and that either are subject to a state resource agency permit, lease, 29 authorization, approval, or certification or are the subject of a coastal resource district 30 enforceable policy approved by the board [DEPARTMENT] under this chapter. The 31 scope of a consistency review subject to 16 U.S.C. 1456 is determined under 16 01 U.S.C. 1456 and 15 C.F.R. Part 930. 02 * Sec. 21. AS 46.40.096(l) is amended to read: 03 (l) The regulations adopted under (a) of this section apply, as authorized by 16 04 U.S.C. 1456(c), to 05 (1) activities within the coastal zone; and 06 (2) activities on federal land and water, including the federal outer 07 continental shelf, that would affect any land or water use or natural resource of the 08 state's coastal zone; for purposes of this paragraph, those activities consist of any 09 activity on the federal outer continental shelf, including seismic survey activity, and 10 any activity on federal land that are within the geographic boundaries of the state's 11 coastal zone notwithstanding the exclusion of federal land in 16 U.S.C. 1453(1). 12 * Sec. 22. AS 46.40.096(m) is amended to read: 13 (m) As part of the regulations adopted under (a) of this section, the department 14 with approval by the board shall establish a list of permits, certifications, leases, 15 approvals, and authorizations issued by a state resource or federal agency that will 16 trigger a consistency review under (j) of this section. In addition, the department with 17 approval by the board shall establish in regulation categories and descriptions of 18 uses and activities that, for purposes of evaluating consistency with the Alaska coastal 19 management program, are determined to be categorically consistent or generally 20 consistent after the inclusion of standard alternative measures. These categories of 21 uses and activities must be as broad as possible so as to minimize the number of 22 projects that must undergo an individualized consistency review under this section. 23 * Sec. 23. AS 46.40.096(o) is amended to read: 24 (o) The time limitations in (n) of this section 25 (1) do not apply to a consistency review involving 26 (A) the disposal of an interest in state land or resources; 27 (B) an activity proposed by a federal agency; or 28 (C) an activity permitted by a federal agency; 29 (2) are suspended 30 (A) from the time a review schedule is modified in response 31 to [THE REVIEWING ENTITY DETERMINES THAT THE APPLICANT 01 HAS NOT ADEQUATELY RESPONDED IN WRITING WITHIN 14 DAYS 02 AFTER THE RECEIPT OF] a written request from the reviewing entity for 03 additional information, until the time the reviewing entity determines that the 04 applicant has provided an adequate written response; 05 (B) during a period of time requested by the applicant; 06 (C) during the period of time a consistency review is 07 undergoing a subsequent review under (d)(3) of this section. 08 * Sec. 24. AS 46.40.100(b) is amended to read: 09 (b) A party that is authorized under (g) of this section may file a petition 10 showing that a district coastal management plan is not being implemented. A petition 11 filed under this subsection may not seek review of a proposed or final consistency 12 determination regarding a specific project. On receipt of a petition, the board 13 [DEPARTMENT], after giving public notice in the manner required by (f) of this 14 section, shall convene a hearing to consider the matter. A hearing called under this 15 subsection shall be held in accordance with regulations adopted under this chapter. 16 After hearing, the board [DEPARTMENT] may order that the coastal resource district 17 or a state resource agency take any action with respect to future implementation of the 18 district coastal management plan that the board [DEPARTMENT] considers 19 necessary, except that the board [DEPARTMENT] may not order that the coastal 20 resource district or a state agency take any action with respect to a proposed or final 21 consistency determination that has been issued. 22 * Sec. 25. AS 46.40.100(c) is amended to read: 23 (c) In determining whether an approved district coastal management plan is 24 being implemented by a coastal resource district that exercises zoning authority or 25 controls on the use of resources within the coastal area or by a state resource agency, 26 the board [DEPARTMENT] shall find in favor of the district or the state resource 27 agency, unless the board [DEPARTMENT] finds a pattern of nonimplementation. 28 * Sec. 26. AS 46.40.100(e) is amended to read: 29 (e) The superior courts of the state have jurisdiction to enforce lawful orders 30 of the board and the department under this chapter. 31 * Sec. 27. AS 46.40.100(f) is amended to read: 01 (f) Upon receipt of a petition under (b) of this section, the board 02 [DEPARTMENT] shall give notice of the hearing at least 10 days before the 03 scheduled date of the hearing. The notice must 04 (1) contain sufficient information in commonly understood terms to 05 inform the public of the nature of the petition; and 06 (2) indicate the manner in which the public may comment on the 07 petition. 08 * Sec. 28. AS 46.40.100(h) is amended to read: 09 (h) If the board [DEPARTMENT] finds a pattern of nonimplementation 10 under (c) of this section, the board [DEPARTMENT] may order a coastal resource 11 district or a state resource agency to take action with respect to future implementation 12 of the district coastal management plan that the board [DEPARTMENT] considers 13 necessary to implement the district coastal management plan. The board's 14 [DEPARTMENT'S] determination under (c) of this section and any order issued under 15 this subsection shall be considered a final administrative order for purposes of judicial 16 review under AS 44.62.560. 17 * Sec. 29. AS 46.40.210(1) is amended to read: 18 (1) "area that [WHICH] merits special attention" means a delineated 19 geographic area within the coastal area that [WHICH] is sensitive to change or 20 alteration and that [WHICH], because of plans or commitments or because a claim on 21 the resources within the area delineated would preclude subsequent use of the 22 resources to a conflicting or incompatible use, warrants special management attention, 23 or that [WHICH], because of its value to the general public, should be identified for 24 current or future planning, protection, or acquisition; these areas, subject to the 25 board's [DEPARTMENT'S] definition of criteria for their identification, include [:] 26 (A) areas of unique, scarce, fragile, or vulnerable natural 27 habitat, cultural value, historical significance, or scenic importance; 28 (B) areas of high natural productivity or essential habitat for 29 living resources; 30 (C) areas of substantial recreational value or opportunity; 31 (D) areas where development of facilities is dependent upon 01 the utilization of, or access to, coastal water; 02 (E) areas of unique geologic or topographic significance that 03 [WHICH] are susceptible to industrial or commercial development; 04 (F) areas of significant hazard due to storms, slides, floods, 05 erosion, or settlement; and 06 (G) areas needed to protect, maintain, or replenish coastal land 07 or resources, including coastal flood plains, aquifer recharge areas, beaches, 08 and offshore sand deposits; 09 * Sec. 30. AS 46.40.210(4) is amended to read: 10 (4) "coastal zone" means the coastal water including land within and 11 under that water, and adjacent shoreland, including the water within and under that 12 shoreland, within the boundaries approved by the former Alaska Coastal Policy 13 Council and by the United States Secretary of Commerce under 16 U.S.C. 1451 - 1465 14 (Coastal Zone Management Act of 1972, as amended); "coastal zone" includes areas 15 added as a result of any boundary changes approved by the board [DEPARTMENT] 16 and by the United States Secretary of Commerce under 16 U.S.C. 1451 - 1465; 17 "coastal zone" does not include 18 (A) those lands excluded under 16 U.S.C. 1453(1); or 19 (B) areas deleted as a result of any boundary changes by the 20 board [DEPARTMENT] in conformance with 16 U.S.C. 1451 - 1465; 21 * Sec. 31. AS 46.40.210(7) is amended to read: 22 (7) "district coastal management plan" means a plan developed by a 23 coastal resource district, including enforceable policies of that plan, setting out 24 policies and standards to guide public and private uses of land and water within that 25 district and approved by the board [DEPARTMENT] as meeting the requirements of 26 this chapter and the regulations adopted under this chapter; 27 * Sec. 32. AS 46.40.210(8) is amended to read: 28 (8) "enforceable policy" means a policy established by this chapter or 29 approved by the board [DEPARTMENT] as a legally binding policy of the Alaska 30 coastal management program applicable to public and private activities; 31 * Sec. 33. AS 46.40.210 is amended by adding a new paragraph to read: 01 (13) "board" has the meaning given in AS 46.39.900. 02 * Sec. 34. AS 46.40.096(i) is repealed.