HB 28: "An Act repealing the Alaska Coastal Management Program and the Alaska Coastal Policy Council, and making conforming amendments because of those repeals."
00HOUSE BILL NO. 28 01 "An Act repealing the Alaska Coastal Management Program and the Alaska 02 Coastal Policy Council, and making conforming amendments because of those 03 repeals." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 38.05.037(b) is amended to read: 06 (b) The division of lands may exercise its zoning power 07 [(1)] within federal land in the unorganized borough only at the times 08 and in the areas it is requested to do so by the Secretary of the Interior to facilitate 09 sales of federal land within the unorganized borough under P.L. 88-608, 78 Stat. 988 10 [; 11 (2) WITHIN ANY PORTION OF A THIRD CLASS BOROUGH 12 COVERED BY THE ALASKA COASTAL MANAGEMENT PROGRAM ADOPTED 13 IN ACCORDANCE WITH THE PROVISIONS OF AS 46.40 IF THE 14 MUNICIPALITY HAS NOT DONE SO].
01 * Sec. 2. AS 38.05.177(c) is amended to read: 02 (c) Within 20 days of receipt of a lease application, the director shall give 03 notice under AS 38.05.945 of receipt of the lease application and call for comments 04 from the public. The director's call for public comments must provide opportunity for 05 public comment for a period of 60 days. If, after review of information received 06 during the public comment period, the director determines that the discovery of a local 07 source of natural gas would benefit the residents of an area, the director shall execute 08 a lease for the area described in (b) of this section. The director shall execute the 09 lease within 90 days after the close of the public comment period [OR, IF REVIEW 10 IS REQUIRED UNDER AS 46.40, WITHIN 30 DAYS AFTER THE FINAL 11 CONSISTENCY DETERMINATION IS MADE UNDER AS 46.40, WHICHEVER 12 IS LATER]. A lease entered into under this subsection gives the lessee the exclusive 13 right to explore for, develop, and produce, for a term of three years, natural gas on the 14 state land described in the lease; the right to explore for, develop, and produce is 15 limited to gas derived from natural gas within 3,000 feet of the surface. 16 * Sec. 3. AS 38.05.825(a) is amended to read: 17 (a) Unless the commissioner finds that the public interest in retaining state 18 ownership of the land clearly outweighs the municipality's interest in obtaining the 19 land, the commissioner shall convey to a municipality tide or submerged land 20 requested by the municipality that is occupied or suitable for occupation and 21 development if the 22 (1) land is within or contiguous to the boundaries of the municipality; 23 (2) use of the land would not unreasonably interfere with navigation 24 or public access; 25 (3) municipality has applied to the commissioner for conveyance of the 26 land under this section; 27 (4) land is not subject to a shore fisheries lease under AS 38.05.082, 28 or, if the land is subject to a shore fisheries lease, the commissioner determines it is 29 in the best interests of the state to convey the land; 30 (5) land is classified for waterfront development or for another use that 31 is consistent or compatible with the use proposed by the municipality, or the proposed
01 use of the land is consistent or compatible with a land use plan adopted by the 02 municipality or [,] the department [, OR THE ALASKA COASTAL POLICY 03 COUNCIL]; and 04 (6) land 05 (A) is required for the accomplishment of a public or private 06 development approved by the municipality; 07 (B) is the subject of a lease from the state to the municipality; 08 or 09 (C) has been approved for lease to the municipality. 10 * Sec. 4. AS 38.05.945(d) is amended to read: 11 (d) Notice at least 30 days before action under (a)(5) or (6) of this section 12 shall be given to appropriate 13 [(1)] regional fish and game councils established under AS 16.05.260 14 [; AND 15 (2) COASTAL RESOURCE SERVICE AREAS ORGANIZED UNDER 16 AS 46.40.110 - 46.40.210]. 17 * Sec. 5. AS 41.17.090(d) is amended to read: 18 (d) Within five days after receipt of a detailed plan of operations under (c) of 19 this section, the state forester shall distribute the information received under (c) of this 20 section to affected state agencies and municipalities [COASTAL DISTRICTS], and 21 shall distribute the information received under (c)(1) of this section to each member 22 of the public who has asked to receive copies of notifications for the affected area. 23 * Sec. 6. AS 41.17.098(a) is amended to read: 24 (a) In administering this chapter, the commissioner shall coordinate with other 25 agencies and affected municipalities [COASTAL DISTRICTS] that have jurisdiction 26 over activities subject to regulation under this chapter. 27 * Sec. 7. AS 41.17.098(b) is amended to read: 28 (b) In a review or implementation of a detailed plan of operations under 29 AS 41.17.090 and in a decision on a proposed variation from requirements under 30 AS 41.17.087, the commissioner shall consider the comments of each affected state 31 agency and, where applicable, each affected municipality [COASTAL DISTRICTS].
01 * Sec. 8. AS 41.17.900(b) is amended to read: 02 (b) For federal land, 03 [(1)] the degree of resource protection may not be less than that 04 established by this chapter for state land except that AS 41.17.119 establishes the 05 minimum riparian standard [; 06 (2) A TIMBER HARVEST ACTIVITY SUBJECT TO THIS 07 CHAPTER SHALL SATISFY THE REQUIREMENT TO BE CONSISTENT TO THE 08 MAXIMUM EXTENT PRACTICABLE WITH THE ALASKA COASTAL ZONE 09 MANAGEMENT PROGRAM IF THE FEDERAL LAND MANAGEMENT PLANS, 10 GUIDELINES, AND STANDARDS APPLICABLE TO THAT TIMBER HARVEST 11 ACTIVITY PROVIDE NO LESS RESOURCE PROTECTION THAN THE 12 STANDARDS THAT ARE ESTABLISHED IN THIS CHAPTER PROVIDE FOR 13 STATE LAND EXCEPT THAT 14 (A) AS 41.17.119 ESTABLISHES THE MINIMUM RIPARIAN 15 STANDARDS; AND 16 (B) THIS PARAGRAPH DOES NOT APPLY TO A TIMBER 17 HARVEST ACTIVITY THAT REQUIRES A STATE OR FEDERAL 18 AUTHORIZATION UNDER A PROVISION OF LAW OTHER THAN THIS 19 CHAPTER]. 20 * Sec. 9. AS 41.17.900(d) is amended to read: 21 (d) Notwithstanding any other provision of this chapter, the commissioner may 22 not employ the authority vested by this chapter so as to duplicate or preempt the 23 statutory authority of other state agencies to adopt regulations or undertake other 24 administrative actions governing resources, values, or activities on forest land, except 25 for 26 [(1) REGULATIONS UNDER THE COASTAL MANAGEMENT 27 ACT; AND 28 (2)] regulations, if authorized by the commissioner of environmental 29 conservation, relating to control of nonpoint source pollution. 30 * Sec. 10. AS 41.21.492(b) is amended to read: 31 (b) Nothing in AS 41.21.491 - 41.21.495 affects the responsibilities of
01 (1) the Department of Fish and Game, the Board of Fisheries, or the 02 Board of Game under AS 16 and AS 41.99.010; or 03 (2) the Department of Environmental Conservation under AS 46.03 [; 04 OR 05 (3) STATE AGENCIES AND MUNICIPALITIES UNDER 06 AS 44.19.145(a)(11) AND AS 46.40.100]. 07 * Sec. 11. 41.21.504(b) is amended to read: 08 (b) Nothing in AS 41.21.500 -41.21.514 affects the applicability of 09 (1) AS 41.99.010 and AS 16 regarding the responsibilities of the 10 Department of Fish and Game or the Board of Fisheries or the Board of Game; or 11 (2) AS 46.03 regarding the responsibilities of the Department of 12 Environmental Conservation [; OR 13 (3) AS 44.19.145(a)(11) AND AS 46.40.100 REGARDING THE 14 RESPONSIBILITIES OF STATE AGENCIES AND MUNICIPALITIES]. 15 * Sec. 12. AS 41.23.420(d) is amended to read: 16 (d) The provisions of AS 41.23.400 - 41.23.510 do not affect the authority of 17 (1) the Department of Fish and Game, the Board of Fisheries, the Board 18 of Game, or the Department of Commerce and Economic Development under AS 08.54, 19 AS 16, or AS 41.99.010; or 20 (2) the Department of Environmental Conservation under AS 46.03 [; OR 21 (3) STATE AGENCIES AND MUNICIPALITIES UNDER 22 AS 44.19.145(a)(11) AND AS 46.40.100]. 23 * Sec. 13. AS 44.47.720 is amended to read: 24 Sec. 44.47.720. Boundaries. The boundaries of an area studied shall conform 25 to the boundaries indicated in the request for the study under AS 44.47.710 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; 03 (4) boundaries of the regional educational attendance areas established 04 under AS 14.08.031; and 05 (5) boundaries of the coastal resource service areas that were 06 organized under former AS 46.40.110 - 46.40.210. 07 * Sec. 14. AS 44.47.730(b) is amended to read: 08 (b) A study under this section must include 09 (1) a recommendation for or against incorporation of a borough 10 containing all or part of the area studied; 11 (2) an evaluation of the economic development potential of the area 12 studied; 13 (3) an evaluation of capital facility needs of the area studied; 14 (4) an evaluation of demographic, social, and environmental factors 15 affecting the area studied; 16 (5) an evaluation of the relationships among regional educational 17 attendance areas [, COASTAL RESOURCE SERVICE AREAS,] and other regional 18 entities responsible for providing services in the area studied; 19 (6) an evaluation of the relationships between the existing cities within 20 the area studied and regional entities responsible for providing services in the area; and 21 (7) specific recommendations for 22 (A) organization of a home rule or general law borough 23 government if one is recommended; 24 (B) changes in organization of cities in the area studied; or 25 (C) the improvement of the delivery of services to the public 26 by the state in the area studied. 27 * Sec. 15. AS 46.06.041(b) is amended to read: 28 (b) The department may issue matching grants from money in the account to 29 a municipality, to an unincorporated community, to an organization representing two 30 or more municipalities or unincorporated communities within a region, to a nonprofit 31 organization, [COASTAL RESOURCES SERVICE AREA,] or to a regional health
01 corporation for the purpose of a community solid waste management plan. 02 * Sec. 16. AS 39.50.200(b)(38); AS 41.17.900(e); AS 44.19.145(a)(11), 44.19.155, 03 44.19.160, 44.19.161, 44.19.162; AS 44.47.095; AS 46.40.010, 46.40.020, 46.40.030, 04 46.40.040, 46.40.050, 46.40.060, 46.40.070, 46.40.080, 46.40.090, 46.40.094, 46.40.096, 05 46.40.100, 46.40.110, 46.40.120, 46.40.130, 46.40.140, 46.40.150, 46.40.160, 46.40.170, 06 46.40.180, 46.40.190, 46.40.200, 46.40.210; and secs. 1 and 2, ch. 84, SLA 1977, are repealed.