HB 439: "An Act removing provisions providing an opportunity to petition for review of proposed consistency determinations under the Alaska coastal zone management program."
00 HOUSE BILL NO. 439 01 "An Act removing provisions providing an opportunity to petition for review of 02 proposed consistency determinations under the Alaska coastal zone management 03 program." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 46.40.096(d) is amended to read: 06 (d) In preparing a consistency review and determination for a proposed 07 project, the reviewing entity shall 08 (1) request consistency review comments for the proposed project 09 from state resource agencies, affected coastal resource districts, and other interested 10 parties as determined by regulation adopted by the council; 11 (2) prepare proposed consistency determinations; 12 (3) coordinate subsequent reviews of proposed consistency 13 determinations prepared under (2) of this subsection; a subsequent review of a 14 proposed consistency determination under this paragraph
01 (A) is limited to a review by the state resource agencies; and 02 (B) may occur only if requested by 03 (i) the project applicant; 04 (ii) a state resource agency; or 05 (iii) an affected coastal resource district; 06 (4) [AFTER PROVIDING AN OPPORTUNITY TO FILE A 07 PETITION FOR REVIEW UNDER (e) OF THIS SECTION,] render the final 08 consistency determination and certification. 09 * Sec. 2. AS 46.40.100(b) is amended to read: 10 (b) A party that is authorized under [AS 46.40.096(e)(1) OR] (g) of this 11 section may file a petition showing that a district coastal management program is not 12 being implemented, enforced, or complied with; a petition seeking review of a 13 consistency determination may not be filed under this subsection. On receipt of a 14 petition, the council, after giving public notice in the manner required by (f) of this 15 section, shall convene a hearing to consider the matter. A hearing called under this 16 subsection shall be held in accordance with regulations adopted by the council. After 17 hearing, 18 [(1) IF THE PETITION WAS FILED UNDER AS 46.40.096(e) AND 19 THE COUNCIL FINDS THAT 20 (A) THE OFFICE OR THE STATE AGENCY 21 RESPONSIBLE FOR COORDINATING THE CONSISTENCY REVIEW 22 HAS NOT FAIRLY CONSIDERED THE PETITIONER'S COMMENTS IN 23 THE DEVELOPMENT OF A PROPOSED CONSISTENCY 24 DETERMINATION, THE COUNCIL SHALL REMAND THE PROPOSED 25 CONSISTENCY DETERMINATION TO THE OFFICE, OR TO THE 26 STATE AGENCY RESPONSIBLE FOR COORDINATING THE 27 CONSISTENCY REVIEW, FOR PREPARATION OF A REVISED 28 PROPOSED CONSISTENCY DETERMINATION THAT GIVES FAIR 29 CONSIDERATION TO THE PETITIONER'S COMMENTS; 30 (B) A REMAND OF THE CONSISTENCY 31 DETERMINATION IS NOT REQUIRED UNDER (A) OF THIS
01 PARAGRAPH, THE COUNCIL SHALL DISMISS THE PETITION; 02 (2) IF THE PETITION WAS NOT FILED UNDER AS 46.40.096(e),] 03 the council may order that the coastal resource district or a state agency take any 04 action the council considers necessary to implement, enforce, or comply with the 05 district coastal management program. 06 * Sec. 3. AS 46.40.100(c) is amended to read: 07 (c) In [EXCEPT WHEN A PETITION HAS BEEN FILED UNDER 08 AS 46.40.096(e), IN] determining whether an approved district coastal management 09 program is being implemented, enforced, or complied with by a coastal resource 10 district that exercises zoning authority or controls on the use of resources within the 11 coastal area, the council shall find in favor of the district if 12 (1) zoning or other regulations have been adopted and are being 13 enforced; 14 (2) variances are being granted according to procedures and criteria 15 that are elements of the district coastal management program, or the variance is 16 otherwise approved by the council; and 17 (3) procedures and standards adopted by the coastal resource district as 18 required by this chapter or by the guidelines and standards adopted by the council and 19 subsequently approved by the legislature have been followed and considered. 20 * Sec. 4. AS 46.40.100(d) is amended to read: 21 (d) In [EXCEPT WHEN A PETITION HAS BEEN FILED UNDER 22 AS 46.40.096(e), IN] determining whether a state agency is complying with a district 23 coastal management program with respect to its exercise of regulation or control of the 24 resources within the coastal area, the council shall find in favor of the agency if 25 (1) the use or activity for which the permit, license, or approval is 26 granted is consistent with the district coastal management program and regulations 27 adopted under it; and 28 (2) the use or activity for which the permit, license, or approval is 29 granted is consistent with requirements imposed by state statute, regulation, or local 30 ordinance applicable to the use or activity. 31 * Sec. 5. AS 46.40.100(f) is amended to read:
01 (f) Upon receipt of a petition under (b) of this section, the council shall give 02 notice of the hearing convened to consider the petition as follows: 03 (1) notice of the hearing shall be given at least 10 days before the 04 scheduled date of the hearing 05 (A) by publication in 06 (i) a newspaper of statewide circulation; or 07 (ii) a newspaper of general circulation in the vicinity of 08 the district coastal management program that is the subject of the 09 petition; and 10 (B) by at least one of the following methods: 11 (i) publication through public service announcements 12 on the electronic media serving the area affected by the district coastal 13 management program; 14 (ii) posting in a conspicuous location in the vicinity of 15 the proposed project or action; 16 (iii) notifying parties known or likely to be affected by 17 the proposed project or action; or 18 (iv) another method calculated to effectively notify 19 affected interested parties; [.] 20 (2) a notice provided under (1) of this subsection must 21 (A) contain sufficient information in commonly understood 22 terms to inform the public of the nature of the petition; and 23 (B) indicate the manner in which the public may comment on 24 the petition [IF THE PETITION IS FILED UNDER (b)(2) OF THIS 25 SECTION]. 26 * Sec. 6. AS 46.40.100(g) is amended to read: 27 (g) The opportunity to petition under (b) [(b)(2)] of this section is limited to 28 (1) a coastal resource district; 29 (2) a citizen of the coastal resource district; or 30 (3) a state agency. 31 * Sec. 7. AS 46.40.096(e) and 46.40.096(f) are repealed.