00 Enrolled HB 47                                                                                                          
01 Requiring a party seeking a restraining order, preliminary injunction, or order staying the                             
02 operation of certain permits affecting an industrial operation to give security in the amount the                       
03 court considers proper for costs incurred and damages suffered if the industrial operation is                           
04 wrongfully enjoined or restrained.                                                                                      
05                           _______________                                                                               
06    * Section 1. AS 09.40.230 is amended by adding new subsections to read:                                            
07            (b)  Unless exempt under AS 09.68.040(a), a party seeking a restraining order,                               
08       preliminary injunction, or order staying the operation of a permit that affects an                                
09       industrial operation shall give security, in an amount the court considers proper, for                            
10       costs that may be incurred and damages that may be suffered by the industrial                                     
11       operation if the industrial operation is wrongfully enjoined or restrained. Upon request                          
12       of any party and when that party presents evidence, one relevant factor the court shall                           
13       consider is the amount of wages and benefits for employees and payment to                                         
14       contractors and subcontractors of the industrial operation that may be suffered if the                            
01       industrial operation is wrongfully enjoined or restrained. In this subsection, "industrial                        
02       operation" includes a construction, energy, or timber activity and oil, gas, and mineral                          
03       exploration, development, and production.                                                                         
04            (c)  The existence of security under (b) of this section does not                                            
05                 (1)  prohibit a person who is wrongfully enjoined or restrained from                                    
06       obtaining relief that may be available to that person; or                                                         
07                 (2)  limit the amount that a party may recover in the action.                                           
08            (d)  A party is not required to give security under (b) of this section if the                               
09       challenged permitting decision or authorization is made by                                                        
10                 (1)  the Department of Environmental Conservation under AS 46.03 or                                     
11       AS 46.14 in a program approved or delegated by the United States Environmental                                    
12       Protection Agency; or                                                                                             
13                 (2)  the Department of Natural Resources under AS 27.21 in a program                                    
14       approved or delegated by the Office of Surface Mining Reclamation and Enforcement                                 
15       in the United States Department of the Interior.