SB 186: "An Act relating to coordination of the application, review, decision, and appeal process for certain project permits; relating to the Alaska Coastal Policy Council and the Alaska Coastal Management Program; relocating certain functions of the office of management and budget to a statutorily created division of project assistance in the Office of the Governor; repealing the Environmental Procedures Coordination Act; and providing for an effective date."
00SENATE BILL NO. 186 01 "An Act relating to coordination of the application, review, decision, and appeal 02 process for certain project permits; relating to the Alaska Coastal Policy Council 03 and the Alaska Coastal Management Program; relocating certain functions of the 04 office of management and budget to a statutorily created division of project 05 assistance in the Office of the Governor; repealing the Environmental Procedures 06 Coordination Act; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. PURPOSE. It is the purpose of this Act to 09 (1) assist those who, to satisfy the requirements of state law, must obtain 10 a permit from one or more state agencies by establishing a procedure to coordinate the 11 administrative decision-making process; 12 (2) provide to the members of the public the opportunity to present their 13 views on proposed uses of the state's natural resources and related environmental 14 concerns before state agencies decide on applications for permits;
01 (3) provide to applicants for the use of the natural resources of the state 02 a greater degree of certainty on permit requirements of the state government; 03 (4) increase the coordination and efficiency of state agencies in their 04 administration of programs affecting the state's natural resources; and 05 (5) establish an opportunity for members of the public to obtain 06 information pertaining to requirements of state law that must be satisfied before 07 undertaking a project in this state. 08 * Sec. 2. AS 46 is amended by adding a new chapter to read: 09 Chapter 41. Permit Coordination and Appeals. 10 Sec. 46.41.010. Applicability. (a) Notwithstanding any other provisions of 11 regulation or statute relating to the processing of applications for permits 12 described in (d) of this section, the procedures set out in this chapter and in 13 regulations adopted under this chapter are exclusive for the processing of an 14 application for one of those permits, including an application for the renewal or 15 modification of one of those permits. AS 46.41.050 - 46.41.090 do not apply to 16 a permit modification that does not significantly change the scope of a project, or 17 its impact to coastal resources or uses or to public resources, as determined by the 18 permitting agency. 19 (b) If a proposed project, other than one described in (a) of this section, 20 requires a consistency review under AS 46.40.096(a)(1) or (3), the procedures set 21 out in this chapter and in regulations adopted under this chapter are exclusive for 22 making the consistency review. 23 (c) Each state agency having jurisdiction to approve or deny an application 24 for a permit has the authority vested in it by law to make that determination. 25 Nothing in this chapter lessens or reduces that authority; the provisions of this 26 chapter modify only the procedures to be followed in the carrying out of that 27 authority. 28 (d) This chapter applies to the following licenses, permits, and other 29 authorizations required to be obtained from a state agency before constructing or 30 operating a project in the state, and to other licenses, permits, or authorizations 31 designated by the division by regulation, if needed for a particular project:
01 (1) air quality control construction permit - AS 46.14.130(a); 02 (2) air quality control operating permit - AS 46.14.130(b); 03 (3) open burning approval - AS 46.03.020; 04 (4) burning permit during fire season - AS 41.15.050; 05 (5) oil discharge prevention and contingency plan - AS 46.04.030; 06 (6) wastewater disposal permit, including a Clean Water Act (33 07 U.S.C. 1341) sec. 401 certification of a federal permit - AS 46.03.100; 08 (7) solid waste disposal permit - AS 46.03.100; 09 (8) brine or other salt water waste disposal permit - AS 31.05.030; 10 (9) tidelands permit - AS 38.05.820; 11 (10) tidelands right-of-way or easement permit - AS 38.05.820; 12 (11) authorization for tidelands transportation - AS 38.05.110; 13 (12) tide and submerged lands prospecting permit - AS 38.05.250; 14 (13) mineral and geothermal prospecting permits - AS 38.05.145; 15 (14) coal development permit - AS 27.20.010; 16 (15) dam construction permit - AS 46.15.040; 17 (16) water well permit - AS 31.05.030; 18 (17) permit to appropriate water - AS 46.15.040; 19 (18) permit for use of timber or materials - AS 38.05.110; 20 (19) special material use permit - AS 38.05.115; 21 (20) limited personal use permit - AS 38.05.820; 22 (21) preferred use permit - AS 46.15.040; 23 (22) trapping cabin permit - AS 38.95; 24 (23) preference right - AS 38.05.035(b)(2), (3), (5), and (9); 25 (24) USFS permit preference sale - AS 38.05.068; 26 (25) USFS permit preference lease - AS 38.05.087; 27 (26) aquatic farm permit - AS 38.05.856; 28 (27) aquatic farm lease - AS 38.05.083; 29 (28) surface or land-use permit - AS 38.05.020, AS 38.05.850; 30 (29) material use permit - AS 38.05.110; 31 (30) material sale - AS 38.05.110;
01 (31) negotiated lease - AS 38.05.070; 02 (32) recreation facilities development lease - AS 38.05.073; 03 (33) lease - AS 38.05.075; 04 (34) remote cabin permit - AS 38.05.079; 05 (35) shore fishery lease - AS 38.05.082; 06 (36) public and charitable lease - AS 38.05.810; 07 (37) public and charitable sale - AS 38.05.810; 08 (38) tideland preference - AS 38.05.820; 09 (39) conveyance of tide and submerged land - AS 38.05.825; 10 (40) natural disaster grant - AS 38.05.870; 11 (41) flood control authorization - AS 38.05.872; 12 (42) lessee preference sale/lease - AS 38.05.102; 13 (43) plan of operation (mineral extraction) - AS 38.05.020; 14 (44) reclamation plan - AS 27.19.030; 15 (45) upland mining lease - AS 38.05.135 -- 38.05.181, 38.05.205; 16 (46) surface coal mining permit - AS 27.21.060; 17 (47) surface coal mining permit renewal - AS 27.21.190; 18 (48) surface coal mining permit revision and transfer - AS 27.21.190; 19 (49) notice of intent to explore for coal mining - AS 27.21.200; 20 (50) coal exploration permit - AS 27.21.200; 21 (51) offshore mining lease - AS 38.05.250; 22 (52) offshore prospecting permit - AS 38.05.255; 23 (53) millsite or surface use permit - AS 38.05.255; 24 (54) permit to appropriate water - AS 46.15.030; 25 (55) certificate of appropriation - AS 46.15.120; 26 (56) reservation of water - AS 46.15.120; 27 (57) certificate to construct or operate a dam - AS 46.17.010 - 46.17.070; 28 (58) reservation of water when water is to be removed from a hydrologic unit - AS 46.15.035 - 29 35.15.037; 30 (59) lease operations approval (oil and gas) - AS 38.05.020; 31 (60) unit plan of operations (oil and gas) - AS 38.05.020;
01 (61) beach log salvage license - AS 45.50.235; 02 (62) less than ten acre timber sale - AS 38.05.110 - .115; 03 (63) fish access permit - AS 16.05.840; 04 (64) anadromous fish protection permit - AS 16.05.870 05 (65) critical habitat area permit - AS 16.20.520 - 16.20.530; 06 (66) state game refuge land permit - AS 16.20.050 - 16.20.060; 07 (67) state park incompatible use permit - AS 41.21.020; 08 (68) pesticides permit - AS 46.03.320; 09 (69) surface oiling permit - AS 46.03.740; 10 (70) encroachment permit - AS 19.25.200; 11 (71) utility permit - AS 19.25.010; 12 (72) driveway permit - AS 19.05.020; 13 (73) access roads permit - AS 41.21.020; 14 (74) right-of-way and easement permits - AS 38.05.850; 15 (75) right-of-way permit - AS 38.05.850; 16 (76) right-of-way lease - AS 38.35; 17 (77) aquatic farm product permit - AS 03.05.011(a)(10); 18 (78) salmon hatchery permit - AS 16.10.400; 19 (79) aquatic farm permit - AS 16.40.100; 20 (80) anadromous fish permit - AS 16.05.870; 21 (81) fish access permit - AS 16.05.840; 22 (82) state game refuge permit - AS 16.05; 23 (83) state game sanctuary permit - AS 16.05; 24 (84) critical habitat area permit - AS 16.20. 25 Sec. 46.41.020. Expedited review. (a) If a project, or all of the state and 26 federal permits required by a project, appear on a list adopted by the division by 27 regulation under (b) of this section, and if the project can meet any conditions 28 specified in the list for such a project or for the permits required for the project, 29 that project is exempt from AS 46.41.050 - 46.41.090 and from the need for 30 further review, including Alaska coastal management consistency review under 31 AS 46.40.096(a)(1) or (3). A permit application for an exempt project shall be
01 submitted to the appropriate permitting agency. A permit issued by a permitting 02 agency for an exempt project is subject to any conditions specified in the list 03 adopted by regulation. 04 (b) State agencies shall propose to the division for adoption in regulation 05 a list of projects and permits that are to be exempt under this section, and any 06 conditions that must be met in order for the project or permit to be exempt. A 07 project or permit may be placed on the list if 08 (1) the project or the activity authorized by the permit, as limited 09 by any specified conditions, is unlikely to have a significant impact on coastal 10 resources or uses or on public resources; or 11 (2) the project or the activity authorized by the permit, as limited 12 by any specified conditions, is of a type that is routinely approved by the 13 permitting agency and found to be consistent with any applicable coastal 14 management requirements. 15 Sec. 46.41.030. Permit information centers. The division shall establish 16 permit information centers in its regional locations and may enter into agreements 17 with other organizations and state agencies to establish and maintain permit 18 information centers in other locations to provide information to the public, in 19 readily understandable form, regarding the requirements of permits for projects 20 in the state. The division shall advise a permit applicant as to the proper 21 coordinating agency under AS 46.41.040. 22 Sec. 46.41.040. Coordinating agency. (a) Each proposed project subject 23 to this chapter has a coordinating agency as provided in (c) of this section. 24 (b) The coordinating agency shall facilitate the permit process. In carrying 25 out its coordination role, the coordinating agency shall seek to minimize delays 26 and costs to the permitting agencies and the applicant, and to provide the public 27 with a meaningful opportunity to participate. A state agency acting as the 28 coordinating agency under this chapter may not make a permit decision. A state 29 agency acting as a permitting agency shall make the decisions relevant to its 30 individual jurisdiction. 31 (c) The division is the coordinating agency under this chapter except that
01 (1) at the request of the head of a permitting agency, and with the 02 concurrence of the division and the resource agencies, that permitting agency shall 03 act as the coordinating agency for a specific project or category of project; 04 (2) if a project requires one or more permits from only a single 05 permitting agency, that permitting agency shall act as the coordinating agency; 06 (3) for matters subject to AS 27.05.010, the Department of Natural 07 Resources shall act as the coordinating agency, except that with the concurrence 08 of the division and the resource agencies, the division or a permitting agency shall 09 act as the coordinating agency for a specific project. 10 (d) The coordinating agency shall provide a project application to any 11 person requesting one. The coordinating agency shall provide information, forms, 12 instructions, and assistance in the completion of a project application under this 13 chapter to a person requesting assistance. 14 (e) The coordinating agency shall act as the public point of contact for the 15 processing of applications under this chapter and, with the concurrence of the 16 permitting agencies and in consultation with the applicant, shall establish a target 17 time line for review of a project for which a project application is submitted under 18 AS 46.41.050. 19 Sec. 46.41.050. Project application. (a) A person proposing a project that 20 requires the issuance of a state permit or a consistency review under 21 AS 46.40.096(a)(1) or (3) shall submit a project application to the coordinating 22 agency. The project application must be on a form established by the division or 23 in another format agreed upon by the applicant and the permitting agencies. The 24 project application must contain sufficient information as to the location and the 25 nature of the project to enable a permitting agency to make its determination. 26 (b) Upon receipt of a completed project application, the coordinating 27 agency shall immediately forward a copy of the completed application to 28 (1) the permitting agencies; 29 (2) the resource agencies; 30 (3) the division; 31 (4) affected coastal resource districts if the project is subject to a
01 consistency review under AS 46.40.096(a)(1) or (3); and 02 (5) at the discretion of the coordinating agency, other governmental 03 entities with independent decision-making authority over the project. 04 (c) Upon receipt of a project application under (b) of this section, a 05 permitting agency shall determine whether adequate information has been 06 submitted to initiate review and shall inform the applicant, through the 07 coordinating agency, if more information is needed to initiate review of the 08 application. 09 Sec. 46.41.060. Withholding final permit. If it appears that the applicant 10 does not own or control the land or water necessary for the siting of the project 11 that is the subject of the project application, and if an application for ownership 12 or control of the land or water is not part of the project application, the 13 permitting agencies may proceed with review of the application under this chapter 14 but may withhold any final permit until the applicant has obtained ownership or 15 control of the land or water necessary for the siting of the project. In deciding 16 whether to continue to process a project application under this section, the 17 permitting agencies shall determine whether continuation would serve the fair and 18 efficient administration of government. 19 Sec. 46.41.070. Public notice and comment. (a) When the permitting 20 agencies determine that a project application is adequate to initiate review, the 21 coordinating agency will arrange for a consolidated public notice of the project. 22 The timing and manner of public notice and comment shall be reasonable 23 considering the circumstances of the project application, and consistent with 24 regulations adopted by the division. 25 (b) The notice must 26 (1) contain a brief general description of the proposed subject of 27 agency action; 28 (2) explain how more detailed information may be obtained; 29 (3) provide the name of the contact person for the coordinating 30 agency; 31 (4) explain how the public may comment on the proposed project;
01 and 02 (5) state the deadline for receipt of public comments. 03 Sec. 46.41.080. Public meeting or hearing. The coordinating agency, or a 04 permitting agency designated by the coordinating agency, may hold a public 05 meeting or hearing if considered appropriate by the coordinating agency or a 06 permitting agency. The public meeting or hearing may be held jointly with local 07 and federal permitting entities with independent decision-making authority over 08 the project. The coordinating agency or designated permitting agency may 09 structure the meeting or hearing in any manner that would facilitate meaningful 10 public comment. The meeting or hearing shall be conducted for the purpose of 11 obtaining information for the assistance of the state agencies in their review of the 12 project and not as a trial or adversarial proceeding. 13 Sec 46.41.090. Decision. (a) A permitting agency, in the performance of 14 its responsibilities of decision-making under this chapter, may request or receive 15 additional information from an applicant and others before or after the public 16 hearing. 17 (b) Each permitting agency shall review the project application and any 18 public comments concerning its permits and shall forward to the coordinating 19 agency a draft decision regarding its permits as described in AS 46.40.010(d) or 20 in AS 46.40.096(a)(3), requested in or related to the application. The draft permit 21 decision shall include a copy of any draft permits and related stipulations and a 22 brief justification for the agency's draft decision. 23 (c) Each resource agency and affected coastal resource district shall 24 forward to the coordinating agency its opinion as to whether the project is 25 consistent with any applicable Alaska coastal management program requirements. 26 The opinions of consistency may be predicated upon adoption of specific 27 stipulations, which must be contained in one or more of the draft permit decisions, 28 and must include a brief justification for the stipulation. 29 (d) The coordinating agency shall provide copies of all draft permit 30 decisions and opinions of consistency to each resource agency, permitting agency, 31 and affected coastal resource district. The permitting agencies that are also
01 resource agencies, in consultation with the other resource agencies and the 02 affected coastal districts, shall determine whether the project is consistent with any 03 applicable Alaska coastal management program requirements. The coordinating 04 agency shall facilitate the agencies' determination as necessary. 05 (e) Each permitting agency shall prepare, and shall forward to the 06 coordinating agency, its final permit decision. The final permit decision shall 07 include a copy of any draft permits and related stipulations and a brief justification 08 for the agency's final permit decision. 09 (f) The coordinating agency shall issue the final project decision of the 10 permitting agencies in one document that contains 11 (1) a statement of intent to either deny or issue any permits 12 requested in the application; 13 (2) copies of the final permit decisions; 14 (3) a statement as to whether the proposed project is consistent or 15 inconsistent with the Alaska coastal management program, if applicable; if the 16 Alaska coastal management program consistency statement is predicated on a 17 stipulation, that stipulation must be specifically described in the consistency 18 statement by reference to the related permit for a proposed project described in 19 AS 46.40.096(a)(1) or (3); 20 (4) if the application is denied, a statement of reasons for the 21 denial; 22 (5) an explanation of how to file an appeal and the deadline for 23 filing the appeal. 24 (g) The coordinating agency shall send a summary of the final project 25 decision to each person who participated in the process and shall publish a notice 26 of the final project decision in the Alaska Administrative Journal (AS 44.62.175). 27 The summary of decision shall indicate where a complete copy of the decision may 28 be reviewed and shall explain how to file an appeal and the deadline for filing the 29 appeal. 30 (h) If applicable, any permits or consistency statement requested in the 31 project application shall be issued not less than five working days after publication
01 in the Alaska Administrative Journal of the notice of the final project decision. 02 (i) An aggrieved person may, in writing, request a stay pending appeal 03 (1) of the issuance of a permit from the head of the permitting 04 agency; or 05 (2) of the issuance of a consistency statement from the heads of the 06 permitting agencies that are also resource agencies. 07 Sec. 46.41.100. Administrative appeal. (a) A person, including an affected 08 coastal resource district, aggrieved by a final project decision under AS 46.41.090 09 or by a final agency decision as defined in (o) of this section, may appeal the 10 decision by filing a notice of appeal with the coordinating agency within 30 days 11 after (1) publication of the notice of the final project decision in the Alaska 12 Administrative Journal; or (2) issuance of the final agency decision. A failure to 13 timely file a notice of appeal constitutes a waiver of the person's right to a review 14 of the final project decision or final agency decision. 15 (b) The notice of appeal must specify the decision being appealed and 16 contain a clear and concise statement of the basis for the appeal, including the 17 specific provisions of the permits or consistency statement being challenged, and 18 the name and mailing address of the appellant. 19 (c) The coordinating agency shall distribute the notice of appeal to the 20 appropriate agency representatives as determined under (g) of this section. The 21 agency representatives for each point on appeal shall decide whether the point 22 raises a reasonable issue of fact or law material to the final project decision or 23 final agency decision. If a timely notice of appeal raises an issue of fact or law 24 material to the final project decision or final agency decision, the agency 25 representatives shall notify the coordinating agency and the coordinating agency 26 shall accept the appeal for consideration. 27 (d) The appellant, permittee, permitting agency staff and, if the appeal 28 involves a consistency review, an affected coastal resource district and the staff of 29 a permitting agency that is also a resource agency, are parties as of right in the 30 appeal. Other persons may seek to intervene by motion to the coordinating 31 agency.
01 (e) Notwithstanding AS 44.62.330, procedures for an appeal under this 02 chapter need not conform to AS 44.62.330 - 44.62.630 (Administrative Procedure 03 Act). The agency representatives for an appeal shall structure the proceedings in 04 a manner that facilitates fair and efficient decision-making and that is consistent 05 with general appeal procedures adopted by the division in regulation. An agency 06 representative shall allow submission of new information as part of the record on 07 appeal if relevant to that agency's decision. 08 (f) The coordinating agency shall prepare the record on appeal, with the 09 assistance of the permitting agencies whose decisions are being appealed. The 10 record on appeal shall consist of the 11 (1) project application or permit application; 12 (2) public comments; 13 (3) material supplied to the coordinating, permitting, and resource 14 agencies by the applicant; 15 (4) other information used by the permitting agency as a basis for 16 its decision; and 17 (5) final project decision or final agency decision. 18 (g) An appeal of a final project decision or final agency decision shall be 19 heard and decided by agency representatives as follows: 20 (1) regarding a permit, the head of the relevant permitting agency; 21 and 22 (2) regarding a consistency statement, the heads of the relevant 23 permitting agencies that are also resource agencies. 24 (h) An agency representative for an appeal may appoint a hearing officer 25 as the agency representative's designee. The hearing officer may be an 26 independent hearing officer, a subordinate of the agency representative within the 27 relevant agency, or, with the approval of the head of another state agency, an 28 employee of that other state agency. A hearing officer may be appointed under 29 this section to serve as the designee for more than one agency representative. 30 (i) The costs of an independent hearing officer shall be borne by the state 31 agency whose head designated the hearing officer. The state agency may recover
01 the costs from an appellant if the appellant does not prevail regarding that 02 agency's permit decision or consistency statement, except that the agency may not 03 recover the costs if the appellant is indigent, or if the appeal was pursued in the 04 public interest, as determined under regulations adopted by the division. 05 (j) To facilitate joint appeal hearings, the coordinating agency may enter 06 into a cooperative agreement with another governmental entity that has 07 independent decision-making authority over the project that is the subject of the 08 appeal. 09 (k) Each agency representative, or hearing officer if one is appointed, for 10 an appeal shall rule on the admission of evidence or other procedural matters 11 relating to the point on appeal heard by that individual. 12 (l) The final decision on the merits of an appeal shall be made by the 13 agency representative or representatives for the appeal. If a hearing officer was 14 appointed under (h) of this section, the hearing officer shall make a 15 recommendation to the agency representative. 16 (m) The coordinating agency shall consolidate into one final decision all 17 of the decisions of the agency representatives for the appeal. The coordinating 18 agency shall distribute a copy of the final decision on appeal to each party to the 19 appeal and, if the appeal resulted in a change to an original final project decision 20 or final agency decision, shall publish a notice and summary of the final decision 21 on appeal in the Alaska Administrative Journal. Any permits or consistency 22 statements resulting from the appeal shall be issued within five working days after 23 distribution under this subsection of the final decision on appeal. 24 (n) A final decision on appeal under this section is a final administrative 25 order subject to AS 44.62.560 - 44.62.570. 26 (o) In this section, "final agency decision" means a permitting agency's 27 decision regarding a permit for a project exempted under AS 46.41.020. 28 Sec. 46.41.110. Fees. An applicant for a permit other than a permit for a 29 project exempted under AS 46.41.020 shall pay to the coordinating agency any 30 fees, established by statute or regulation, that are applicable to application for or 31 issuance of the permit. The coordinating agency shall collect the fees, account for
01 and deposit the revenue, and forward all related records to the appropriate state 02 agency. 03 Sec. 46.41.120. Conflicts and compliance with federal requirements. (a) 04 If, regarding a project application, a provision of this chapter is found to be in 05 conflict with an applicable federal requirement regarding the allocation of federal 06 money to the state, the federal requirement controls, to the extent of the conflict, 07 regarding that application. 08 (b) To the extent necessary to comply with procedural requirements of 09 federal law relating to permit systems operated by the state, the coordinating 10 agency, with the concurrence of the affected permitting agencies, may modify the 11 notice, timing, hearing, and related procedural matters provided in this chapter. 12 (c) If necessary to comply with federal requirements regarding federal 13 consistency determinations or certifications under 16 U.S.C. 1456(c), the division 14 shall serve as the point of contact for federal consistency determinations or 15 certifications for a particular proposed project. The coordinating agency, as 16 determined under AS 46.41.040, remains responsible for all other aspects of the 17 project's coordination. 18 Sec. 46.41.130. Regulations. After consultation with each resource agency, 19 the division shall adopt regulations to implement the provisions of this chapter, 20 including regulations that provide various general appeal procedures that allow the 21 agency representatives for an appeal under this chapter to select and apply 22 procedures appropriate to the particular appeal. 23 Sec. 46.41.140. Consistency determinations for phased uses and activities. 24 (a) The provisions of this section apply to a use or activity for which a 25 consistency determination is required if 26 (1) at the time the proposed use or activity is initiated, there is 27 insufficient information to evaluate and render a consistency determination for the 28 entirety of the proposed use or activity; 29 (2) the proposed use or activity is capable of proceeding in discrete 30 phases based upon developing information obtained in the course of a phase; and 31 (3) each subsequent phase of the proposed use or activity is subject
01 to discretion to implement alternative decisions based upon the developing 02 information. 03 (b) When a use or activity is authorized or developed in discrete phases 04 and each phase will require decisions relating to a permit, lease, or authorization 05 for that particular phase, the agency responsible for the consistency determination 06 for the particular phase 07 (1) may, in its discretion, limit the consistency review to that 08 particular phase if, but only if, 09 (A) the agency or another state agency must carry out a 10 subsequent consistency review and make a consistency determination 11 before a later phase may proceed; and 12 (B) the agency responsible conditions its consistency 13 determination for that phase on a requirement that a use or activity 14 authorized in a subsequent phase be consistent with the Alaska coastal 15 management program; and 16 (2) shall, when the consistency review is limited under (1) of this 17 subsection, conduct the consistency review for the particular phase and make the 18 consistency determination based on 19 (A) applicable statutes and regulations; 20 (B) the facts pertaining to a use or activity for which the 21 consistency determination is sought that are 22 (i) known to the state agency responsible or made a 23 part of the record during the consistency review; and 24 (ii) material to the consistency determination; and 25 (C) the reasonably foreseeable, significant effects of the use 26 or activity for which the consistency determination is sought; 27 (3) shall, when the consistency review is limited under (1) of this 28 subsection, describe in the consistency determination the reasons for its decision 29 to make the consistency determination for the use or activity in phases. 30 (c) In this section, "agency responsible for the consistency determination" 31 means the coordinating agency under AS 46.41.040.
01 Sec. 46.41.990. Definitions. Unless provided otherwise, in this chapter 02 (1) "affected coastal resource district" means a coastal resource 03 district, as defined in AS 46.40.210, 04 (A) in which a project is proposed to be located; or 05 (B) that may experience a direct and significant impact from 06 a proposed project; 07 (2) "appeal" means a request for appeal or reconsideration of an 08 agency permitting decision or consistency statement; 09 (3) "consistency review" has the meaning given in AS 46.40.210; 10 (4) "consistency statement" means 11 (A) the findings of the consistency review together with any 12 necessary stipulations, conditions, or modifications to the proposed project 13 specifically described by reference to the related permit as defined in this 14 section or described in AS 46.40.096(a)(3); 15 (B) a response to a federal consistency certification or 16 determination authorized under 16 U.S.C. 1456(c) (Coastal Zone 17 Management Act); 18 (5) "coordinating agency" means the agency designated under 19 AS 46.41.040; 20 (6) "division" means the division of project assistance in the Office 21 of the Governor (AS 44.19.153); 22 (7) "local government" means a city or borough, including a unified 23 municipality; 24 (8) "permit" means a license, permit, or other authorization 25 described in AS 46.41.010(d); 26 (9) "permitting agency" means a state agency with responsibility for 27 (A) issuance of a permit, as defined in this section, sought 28 for a particular proposed project; 29 (B) issuance of a permit described in AS 46.40.096(a)(3) 30 sought for a particular proposed project; or 31 (C) coordinating the review of a federal consistency
01 determination or certification under AS 46.40.096(a)(1) for a particular 02 proposed project; 03 (10) "person" means an individual, a municipal, public, or private 04 corporation, or other entity, and includes a state agency, a local government, and a 05 department, agency, or instrumentality of the executive, legislative, or judicial branches 06 of the federal government; 07 (11) "process," "processing" and "processing of applications" includes 08 all steps and procedures followed in the course of reviewing and making a decision 09 regarding a project application under this chapter and includes a best interest finding 10 required for a permit under AS 38.05.035(e); 11 (12) "project" means a use or activity for which one or more permits, 12 or a consistency determination under AS 46.40.096(a)(1) or (3), are required before 13 construction or operation, and includes a use or activity that may be authorized in 14 discrete phases for purposes of consistency review under AS 46.41.140; 15 (13) "resource agency" means the 16 (A) Department of Environmental Conservation; 17 (B) Department of Fish and Game; or 18 (C) Department of Natural Resources; 19 (14) "state agency" includes a local or regional air pollution control 20 authority established under AS 46.14.400; 21 (15) "working days" means all calendar days except Saturdays, 22 Sundays, and days on which state offices are closed. 23 Sec. 46.41.995. Short title. This chapter may be cited as the Permit 24 Procedures Coordination Act. 25 * Sec. 3. AS 41.21.492(b) is amended to read: 26 (b) Nothing in AS 41.21.491 - 41.21.495 affects the responsibilities of 27 (1) the Department of Fish and Game, the Board of Fisheries, or the 28 Board of Game under AS 16 and AS 41.99.010; 29 (2) the Department of Environmental Conservation under AS 46.03; or 30 (3) state agencies and municipalities under AS 46.40.096 31 [AS 44.19.145(a)(11)] and AS 46.40.100.
01 * Sec. 4. AS 41.21.504(b) is amended to read: 02 (b) Nothing in AS 41.21.500 - 41.21.514 affects the applicability of 03 (1) AS 41.99.010 and AS 16 regarding the responsibilities of the 04 Department of Fish and Game or the Board of Fisheries or the Board of Game; 05 (2) AS 46.03 regarding the responsibilities of the Department of 06 Environmental Conservation; or 07 (3) AS 46.40.096 [AS 44.19.145(a)(11)] and AS 46.40.100 regarding the 08 responsibilities of state agencies and municipalities. 09 * Sec. 5. AS 41.23.420(d) is amended to read: 10 (d) The provisions of AS 41.23.400 - 41.23.510 do not affect the authority of 11 (1) the Department of Fish and Game, the Board of Fisheries, the Board 12 of Game, or the Department of Commerce and Economic Development under 13 AS 08.54, AS 16, or AS 41.99.010; 14 (2) the Department of Environmental Conservation under AS 46.03; or 15 (3) state agencies and municipalities under AS 46.40.096 16 [AS 44.19.145(a)(11)] and AS 46.40.100. 17 * Sec. 6. AS 44.19 is amended by adding a new section to read: 18 Article 6A. Division of Project Assistance. 19 Sec. 44.19.153. Division of project assistance. (a) There is established in the 20 Office of the Governor the division of project assistance. 21 (b) The division of project assistance is administered by a director who is 22 appointed by, and serves at the pleasure of, the governor. 23 (c) The director of the division of project assistance shall employ personnel 24 as necessary to carry out the relevant provisions of AS 44.19.155 - 44.19.162 and 25 AS 46.41. 26 * Sec. 7. AS 44.19.155(a) is amended to read: 27 (a) There is created in the Office of the Governor the Alaska Coastal Policy 28 Council. The council consists of the following: 29 (1) nine public members appointed by the governor from a list 30 comprised of at least three names from each region, nominated by the municipalities 31 of each region; the nominees shall be the mayor or member of the assembly or council
01 of a municipality or a member of a coastal resource service area board 02 (AS 46.40.140); one public member shall be appointed from each of the following 03 general regions: 04 (A) northwest Alaska, including, generally, the area of the North 05 Slope Borough and the Northwest Arctic regional educational attendance area; 06 (B) Bering Straits, including, generally, the area of the Bering 07 Straits regional educational attendance area; 08 (C) southwest Alaska, including, generally, the area within the 09 Lower Yukon, Lower Kuskokwim, Southwest, and Lake & Peninsula regional 10 educational attendance areas and the Bristol Bay Borough; 11 (D) Kodiak-Aleutians, including the area of the Kodiak Island 12 Borough and the Aleutian, Adak and Pribilof regional educational attendance 13 areas; 14 (E) Upper Cook Inlet, including the Municipality of Anchorage 15 and the Matanuska-Susitna Borough; 16 (F) Lower Cook Inlet, including, generally, the area within the 17 Kenai Peninsula Borough; 18 (G) Prince William Sound, including, generally, the area east 19 of the Kenai Peninsula Borough to 141 W. longitude; 20 (H) northern Southeast Alaska, including the area southeast 21 of 141 W. longitude and north of 57 N. latitude, including the entirety 22 of the City and Borough of Sitka; and 23 (I) southern Southeast Alaska, including that portion of 24 southeastern Alaska not contained within the area described in (H) of this 25 paragraph; 26 (2) each of the following: 27 (A) the director of the division of project assistance 28 [OFFICE OF MANAGEMENT AND BUDGET]; 29 (B) the commissioner of commerce and economic 30 development; 31 (C) the commissioner of community and regional affairs;
01 (D) the commissioner of environmental conservation; 02 (E) the commissioner of fish and game; 03 (F) the commissioner of natural resources; and 04 (G) the commissioner of transportation and public facilities. 05 * Sec. 8. AS 44.19.162 is amended to read: 06 Sec. 44.19.162. Council staff. The council shall use the staff of the division 07 of project assistance [OFFICE OF COASTAL MANAGEMENT WITHIN THE 08 OFFICE OF MANAGEMENT AND BUDGET] in discharging its powers and 09 duties. The director [COORDINATOR] of the division [OFFICE OF COASTAL 10 MANAGEMENT, UNDER THE DIRECTION OF THE COUNCIL CO-CHAIR 11 WHO IS SELECTED FROM AMONG THE MEMBERS DESIGNATED IN 12 AS 44.19.155(a)(2),] may contract with or employ personnel or consultants as 13 [THE COORDINATOR CONSIDERS] necessary to carry out the powers and 14 duties of the council. 15 * Sec. 9. AS 44.62.175(a) is amended to read: 16 (a) The lieutenant governor shall publish or contract for the publication 17 of the Alaska Administrative Journal. The journal shall be published weekly. The 18 journal must include 19 (1) notices of proposed actions given under AS 44.62.190(a); 20 (2) notices of state agency meetings required under AS 21 44.62.310(e), even if the meeting has been held; 22 (3) notices of solicitations to bid issued under AS 36.30.130; 23 (4) notices of state agency requests for proposals issued under 24 AS 18.55.255, 18.55.320; AS 36.30.210; AS 37.05.316; AS 38.05.120; and 25 AS 43.40.010; 26 (5) executive orders and administrative orders issued by the 27 governor; 28 (6) written delegations of authority made by the governor or the 29 head of a principal department under AS 44.17.010; 30 (7) the text or a summary of the text of a regulation or order of 31 repeal of a regulation for which notice is given under AS 44.62.190(a), including
01 an emergency regulation or repeal whether or not it has taken effect; 02 (8) a summary of the text of recently issued formal opinions and 03 memoranda of advice of the attorney general; 04 (9) a list of vacancies on boards, commissions, and other bodies 05 whose members are appointed by the governor; [AND] 06 (10) in accordance with AS 39.52.240(h), advisory opinions of the 07 attorney general; and 08 (11) notices regarding project decisions under AS 46.41.090 and 09 46.41.100. 10 * Sec. 10. AS 46.03.880 is amended to read: 11 Sec. 46.03.880. Applicability of the Administrative Procedure Act. Except 12 as otherwise specifically provided in this chapter, AS 44.62 (Administrative 13 Procedure Act) governs the activities and the proceedings of the department. 14 Notwithstanding AS 44.62.330(a)(44), adjudicatory hearing procedures to review 15 permit decisions under AS 46.03, AS 46.04, or AS 46.14 need not conform to 16 AS 44.62.330 - 44.62.630. 17 * Sec. 11. AS 46.40.096 is repealed and reenacted to read: 18 Sec. 46.40.096. Consistency reviews and determinations. (a) A consistency 19 review is required for any activity or use that will be located in the coastal zone 20 or that could affect land or water uses or natural resources of the coastal zone, 21 and that 22 (1) is subject to consistency review under sec. 307 of the Coastal 23 Zone Management Act (16 U.S.C. 1456); 24 (2) is a function performed by or on behalf of a state resource 25 agency in the exercise of its statutory responsibilities, other than those described 26 in (1) or (3) of this subsection; or 27 (3) requires one or more state resource agency permits. 28 (b) A consistency review of an activity or use subject to (a)(1) or (3) of 29 this section shall be coordinated as provided in AS 46.41. 30 (c) A consistency review of an activity or use subject to (a)(2) of this 31 section shall be conducted as part of the agency's implementation of its statutory
01 responsibilities. 02 * Sec. 12. AS 46.40.100 is repealed and reenacted to read: 03 Sec. 46.40.100. Compliance and enforcement. (a) Municipalities and state 04 agencies shall administer land and water use regulations or controls in conformity 05 with district coastal management programs approved by the council and the 06 legislature and in effect. 07 (b) In addition to existing remedies, a state agency whose permit contains 08 a stipulation added as a condition of a consistency determination has the authority 09 to enforce that stipulation through a request for injunctive relief to the superior 10 court. 11 (c) In order to carry out its authority under AS 46.40.010 to review district 12 coastal management programs, the council may hear petitions brought by affected 13 persons concerning the compatibility of enforceable policies of a district coastal 14 management program with other enforceable local requirements. 15 * Sec. 13. AS 46.40.210 is amended by adding new paragraphs to read: 16 (9) "division" means the division of project assistance in the Office 17 of the Governor (AS 44.19.153); 18 (10) "permit" means a permit, lease, or other authorization, 19 initiated by an applicant, that is necessary to conduct an activity or use that will 20 be located in the coastal zone or that could affect land or water uses or natural 21 resources of the coastal zone; "permit" does not include state-initiated lease sales, 22 resource disposal programs, planning or classification activities, or transfers of title 23 to land or an interest in land. 24 * Sec. 14. AS 44.19.145(a)(11); 44.19.152(3); 44.19.152(4); AS 46.35.010, 46.35.020, 25 46.35.030, 46.35.040, 46.35.050, 46.35.060, 46.35.070, 46.35.080, 46.35.090, 46.35.100, 26 46.35.110, 46.35.120, 46.35.130, 46.35.140, 46.35.150, 46.35.160, 46.35.170, 46.35.200, 27 46.35.210; AS 46.40.040(6), 46.40.094, and 46.40.210(6) are repealed. 28 * Sec. 15. TRANSITION: REGULATIONS. The division of project assistance, 29 established by sec. 6 of this Act, shall solicit from state agencies a list of projects and 30 permits described in AS 46.41.020(b), enacted by sec. 2 of this Act. Notwithstanding sec. 31 18 of this Act, and after consultation with the resource agencies as defined in
01 AS 46.41.990, enacted by sec. 2 of this Act, the division of project assistance may 02 immediately proceed to adopt regulations as described in AS 46.41.020 and 46.41.130, 03 enacted by sec. 2 of this Act. The regulations take effect as provided in AS 44.62 04 (Administrative Procedure Act). The lieutenant governor shall notify the revisor of 05 statutes of the effective date of the regulations. 06 * Sec. 16. TRANSITION: PENDING MATTERS; RECORDS. (a) Except as 07 provided in (b) of this section, matters that would be affected by a provision of this Act 08 and that are pending completion by or before a state agency on the effective date 09 established under sec. 18 of this Act shall continue to completion as though this Act had 10 not taken effect. 11 (b) Matters that would be affected by a provision of this Act and that are pending 12 completion by or before the office of management and budget on the effective date 13 established under sec. 18 of this Act shall be completed by the division of project 14 assistance, established by sec. 6 of this Act. Other than the change in responsible state 15 agency, the matters shall be completed in accordance with the applicable statutes and 16 regulations as they existed on the day before the effective date established under sec. 18 17 of this Act. In completing the matters, the division of project assistance may implement 18 and enforce applicable regulations adopted by the office of management and budget. 19 (c) Records of the administrative unit of the office of management and budget 20 assigned the responsibility for functions addressed by this Act shall be transferred to the 21 division of project assistance. 22 * Sec. 17. Sections 1, 6, and 15 of this Act take effect immediately under 23 AS 01.10.070(c). 24 * Sec. 18. Sections 2 - 5, 7 - 14, and 16 of this Act take effect on the effective date of 25 regulations adopted under sec. 15 of this Act to implement AS 46.41.020, enacted by 26 sec. 2 of this Act.