00                             SENATE BILL NO. 46                                                                          
01 "An Act relating to the Alaska coastal management program; providing for an effective                                   
02 date by amending the effective date of sec. 45, ch. 24, SLA 2003, as amended by sec. 21,                                
03 ch. 31, SLA 2005; and providing for an effective date."                                                                 
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 46.40.040(b) is amended to read:                                                                   
06            (b)  AS 46.03, AS 46.04, AS 46.09, AS 46.14, and the regulations adopted                                     
07       under those statutes constitute the exclusive enforceable policies of the Alaska coastal                          
08       management program for those purposes. For those purposes only,                                                   
09                 (1)  the issuance of permits, certifications, approvals, and                                            
10       authorizations by the Department of Environmental Conservation establishes                                        
11       consistency with the Alaska coastal management program for those activities of a                                  
12       proposed project subject to those permits, certifications, approvals, and authorizations;                         
13                 (2)  for a consistency review of an activity that does not require a                                    
14       Department of Environmental Conservation permit, certification, approval, or                                      
01       authorization because the activity is a federal activity or the activity is located on                            
02       federal land or the federal outer continental shelf, consistency with AS 46.03,                                   
03       AS 46.04, AS 46.09, and AS 46.14 and the regulations adopted under those statutes                                 
04       shall be established on the basis of whether the Department of Environmental                                      
05       Conservation finds that the activity satisfies the requirements of those statutes and                             
06       regulations; before making a finding under this paragraph, the Department of                                  
07       Environmental Conservation shall provide notice and an opportunity for public                                 
08       comment.                                                                                                      
09    * Sec. 2. The uncodified law of the State of Alaska enacted in sec. 46(c), ch. 24, SLA 2003,                       
10 as amended by sec. 16, ch. 31, SLA 2005, is amended to read:                                                            
11            (c)  Notwithstanding any contrary provision of ch. 24, SLA 2003, as amended                              
12       by ch. 31, SLA 2005, the repeal of the Alaska Coastal Policy Council enacted by sec.                          
13       44, ch. 24, SLA 2003, and the repeal of the Alaska Coastal Policy Council's duties in                             
14       AS 46.40.040, as amended by sec. 10, ch. 24, SLA 2003, a district coastal                                         
15       management program, including its enforceable policies, approved by the former                                    
16       Alaska Coastal Policy Council remains in effect for purposes of AS 46.39 and                                      
17       AS 46.40 until September 1 [MARCH 1], 2007, unless the Department of Natural                                  
18       Resources disapproves or modifies all or part of the program before September 1                               
19       [MARCH 1], 2007.                                                                                                  
20    * Sec. 3. The uncodified law of the State of Alaska enacted in sec. 19(b), ch. 31, SLA 2005,                       
21 is amended to read:                                                                                                     
22            (b)  Within 30 calendar months [TWO YEARS] after the approval of the                                     
23       state's revised coastal management program developed under ch. 24, SLA 2003, as                               
24       amended by ch. 31, SLA 2005, by the National Oceanic and Atmospheric                                          
25       Administration, Office of Ocean and Coastal Resource Management, United States                                    
26       Department of Commerce under 16 U.S.C. 1455 and 1457 (Coastal Zone Management                                     
27       Act of 1972), the Department of Natural Resources shall complete a review and                                     
28       update of categorically and generally consistent determinations. The Department of                                
29       Natural Resources shall complete a review and update of categorically and generally                               
30       consistent determinations at least every four years thereafter and shall conform to the                           
31       requirements of AS 46.40.096(m) as that subsection read on May 27, 2005 [THE                                  
01       EFFECTIVE DATE OF THIS SECTION].                                                                                  
02    * Sec. 4. Section 49, ch. 24, SLA 2003, as amended by sec. 21, ch. 31, SLA 2005, is                                
03 amended to read:                                                                                                        
04            Sec. 49. Section 45, ch. 24, SLA 2003, takes effect September 1 [MARCH 1],                               
05       2007.                                                                                                             
06    * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).