Enrolled SB 102: Repealing the Alaska coastal management program; relating to an extension for review and approval of revisions to the Alaska coastal management program; relating to reviews and modifications by the Department of Natural Resources; relating to coastal resource district policies; providing for an effective date by amending the effective date of sec. 45, ch. 24, SLA 2003; and providing for an effective date.
00Enrolled SB 102 01 Repealing the Alaska coastal management program; relating to an extension for review and 02 approval of revisions to the Alaska coastal management program; relating to reviews and 03 modifications by the Department of Natural Resources; relating to coastal resource district 04 policies; providing for an effective date by amending the effective date of sec. 45, ch. 24, 05 SLA 2003; and providing for an effective date. 06 _______________ 07 * Section 1. AS 09.45.230(b) is amended to read: 08 (b) A person may not maintain an action under this section based upon an air 09 emission or water or solid waste discharge, other than the placement of nuclear waste, 10 where the emission or discharge was expressly authorized by and is not in violation of 11 a term or condition of 12 (1) a statute or regulation; 13 (2) a license, permit, or order that is
01 (A) issued after public hearing by the state or federal 02 government; and 03 (B) subject to 04 (i) continuing compliance monitoring; 05 (ii) periodic review by the issuing agency; or 06 (iii) renewal on a periodic basis; or 07 [(iv) AS 46.40; OR] 08 (3) a court order or judgment. 09 * Sec. 2. AS 16.43.160(e) is amended to read: 10 (e) For an entry permit or an interim-use permit issued for calendar year 2002 11 and following years, the annual base fee may not be less than $10 or more than $300. 12 The annual base fee must reasonably reflect the different rates of economic return for 13 different fisheries. The fee for a nonresident entry permit or a nonresident interim-use 14 permit shall be higher than the annual base fee by an amount, established by the 15 commission by regulation, that is as close as is practicable to the maximum allowed by 16 law. The amount of the fee for a nonresident entry permit or a nonresident interim-use 17 permit may reflect 18 (1) the costs incurred by the state that are directly attributable to 19 participation of nonresidents in the commercial fisheries of the state; 20 (2) the costs incurred by the state for 21 (A) direct operating expenditures for ongoing management, 22 support, and regulation of the commercial fishing industry, including relevant 23 expenditures of the 24 (i) Department of Environmental Conservation - air and 25 water quality permitting activities and seafood inspection activities; 26 (ii) Department of Commerce, Community, and 27 Economic Development - commercial fishing loan program, Alaska 28 Seafood Marketing Institute, regional seafood development program, 29 and community development quota program; 30 (iii) Department of Fish and Game - division of 31 commercial fisheries, board support section, division of administrative
01 services, division of sport fish, commissioner's office, and Alaska 02 Commercial Fisheries Entry Commission; 03 (iv) Department of Labor and Workforce Development 04 - wage and hour enforcement, mechanical inspections, occupational 05 safety and health activities, and fishermen's fund; 06 (v) Department of Law; 07 (vi) Department of Natural Resources, including [THE 08 ALASKA COASTAL MANAGEMENT PROGRAM AND] habitat 09 programs; 10 (vii) Department of Public Safety - commercial 11 fisheries enforcement; 12 (viii) Department of Revenue - fisheries business tax 13 program, fishery resource landing tax program, seafood development 14 tax program, salmon fishery assessment program, permit buy-back 15 assessment program, and dive fishery management assessment 16 program; 17 (ix) University of Alaska - Fisheries Industrial 18 Technology Center, Institute of Marine Science, Marine Advisory 19 Program, Sea Grant College Program, and School of Fisheries and 20 Ocean Sciences; 21 (x) Legislature; 22 (xi) Alaska Court System; 23 (B) indirect operating expenditures for general overhead 24 attributable to supporting the commercial fishing industry, including 25 expenditures for general overhead attributable to components of agencies that 26 have direct operating expenditures identified under (A) of this paragraph and to 27 components of agencies for which direct operating expenditures related to the 28 ongoing management, support, and regulation of the commercial fishing 29 industry cannot be readily determined; 30 (C) capital costs directly supporting the commercial fishing 31 industry; and
01 (D) expenditures to subsidize the construction and operation of 02 salmon hatcheries. 03 * Sec. 3. AS 37.10.058(2) is amended to read: 04 (2) "designated regulatory service" means a regulatory service 05 provided under the following regulatory programs: 06 (A) control of solid waste facilities under AS 46.03.020(10)(D) 07 and (E); 08 (B) regulation of the disposal of waste into waters of the state 09 under AS 46.03.100; 10 (C) certification of federal permits or authorizations under 33 11 U.S.C. 1341 (sec. 401, Clean Water Act); 12 (D) [A COASTAL MANAGEMENT CONSISTENCY 13 DETERMINATION RELATING TO A PERMIT OR AUTHORIZATION 14 ISSUED UNDER A PROGRAM LISTED IN (A) - (C) OF THIS 15 PARAGRAPH, IF THE DETERMINATION IS MADE BY THE AGENCY 16 ISSUING THE PERMIT OR AUTHORIZATION; 17 (E)] any authorization for the use or appropriation of water 18 under AS 46.15; and 19 (E) [(F)] administration of emission control permits for the air 20 quality control program under AS 46.14. 21 * Sec. 4. AS 37.10.058(7) is amended to read: 22 (7) "permit" means a permit, license, certificate, or approval [, OR 23 COASTAL MANAGEMENT CONSISTENCY DETERMINATION]; 24 * Sec. 5. AS 38.05.035(e) is amended to read: 25 (e) Upon a written finding that the interests of the state will be best served, the 26 director may, with the consent of the commissioner, approve contracts for the sale, 27 lease, or other disposal of available land, resources, property, or interests in them. In 28 approving a contract under this subsection, the director need only prepare a single 29 written finding. In addition to the conditions and limitations imposed by law, the 30 director may impose additional conditions or limitations in the contracts as the director 31 determines, with the consent of the commissioner, will best serve the interests of the
01 state. The preparation and issuance of the written finding by the director are subject to 02 the following: 03 (1) with the consent of the commissioner and subject to the director's 04 discretion, for a specific proposed disposal of available land, resources, or property, or 05 of an interest in them, the director, in the written finding, 06 (A) shall establish the scope of the administrative review on 07 which the director's determination is based, and the scope of the written 08 finding supporting that determination; the scope of the administrative review 09 and finding may address only reasonably foreseeable, significant effects of the 10 uses proposed to be authorized by the disposal; 11 (B) may limit the scope of an administrative review and finding 12 for a proposed disposal to 13 (i) applicable statutes and regulations; 14 (ii) the facts pertaining to the land, resources, or 15 property, or interest in them, that the director finds are material to the 16 determination and that are known to the director or knowledge of which 17 is made available to the director during the administrative review; and 18 (iii) issues that, based on the statutes and regulations 19 referred to in (i) of this subparagraph, on the facts as described in (ii) of 20 this subparagraph, and on the nature of the uses sought to be authorized 21 by the disposal, the director finds are material to the determination of 22 whether the proposed disposal will best serve the interests of the state; 23 and 24 (C) may, if the project for which the proposed disposal is 25 sought is a multiphased development, limit the scope of an administrative 26 review and finding for the proposed disposal to the applicable statutes and 27 regulations, facts, and issues identified in (B)(i) - (iii) of this paragraph that 28 pertain solely to the disposal phase of the project when 29 (i) the only uses to be authorized by the proposed 30 disposal are part of that phase; 31 (ii) the disposal is a disposal of oil and gas, or of gas
01 only, and, before the next phase of the project may proceed, public 02 notice and the opportunity to comment are provided under regulations 03 adopted by the department [UNLESS THE PROJECT IS SUBJECT 04 TO A CONSISTENCY REVIEW UNDER AS 46.40 AND PUBLIC 05 NOTICE AND THE OPPORTUNITY TO COMMENT ARE 06 PROVIDED UNDER AS 46.40.096(c)]; 07 (iii) the department's approval is required before the 08 next phase of the project may proceed; and 09 (iv) the department describes its reasons for a decision 10 to phase; 11 (2) the director shall discuss in the written finding prepared and issued 12 under this subsection the reasons that each of the following was not material to the 13 director's determination that the interests of the state will be best served: 14 (A) facts pertaining to the land, resources, or property, or an 15 interest in them other than those that the director finds material under (1)(B)(ii) 16 of this subsection; and 17 (B) issues based on the statutes and regulations referred to in 18 (1)(B)(i) of this subsection and on the facts described in (1)(B)(ii) of this 19 subsection; 20 (3) a written finding for an oil and gas lease sale or gas only lease sale 21 under AS 38.05.180 is subject to (g) of this section; 22 (4) a contract for the sale, lease, or other disposal of available land or 23 an interest in land is not legally binding on the state until the commissioner approves 24 the contract, but if the appraised value is not greater than $50,000 in the case of the 25 sale of land or an interest in land, or $5,000 in the case of the annual rental of land or 26 interest in land, the director may execute the contract without the approval of the 27 commissioner; 28 (5) public notice requirements relating to the sale, lease, or other 29 disposal of available land or an interest in land for oil and gas, or for gas only, 30 proposed to be scheduled in the five-year oil and gas leasing program under 31 AS 38.05.180(b), except for a sale under (6)(F) of this subsection, are as follows:
01 (A) before a public hearing, if held, or in any case not less than 02 180 days before the sale, lease, or other disposal of available land or an interest 03 in land, the director shall make available to the public a preliminary written 04 finding that states the scope of the review established under (1)(A) of this 05 subsection and includes the applicable statutes and regulations, the material 06 facts and issues in accordance with (1)(B) of this subsection, and information 07 required by (g) of this section, upon which the determination that the sale, 08 lease, or other disposal will serve the best interests of the state will be based; 09 the director shall provide opportunity for public comment on the preliminary 10 written finding for a period of not less than 60 days; 11 (B) after the public comment period for the preliminary written 12 finding and not less than 90 days before the sale, lease, or other disposal of 13 available land or an interest in land for oil and gas or for gas only, the director 14 shall make available to the public a final written finding that states the scope of 15 the review established under (1)(A) of this subsection and includes the 16 applicable statutes and regulations, the material facts and issues in accordance 17 with (1) of this subsection, and information required by (g) of this section, 18 upon which the determination that the sale, lease, or other disposal will serve 19 the best interests of the state is based; 20 (6) before a public hearing, if held, or in any case not less than 21 days 21 before the sale, lease, or other disposal of available land, property, resources, or 22 interests in them other than a sale, lease, or other disposal of available land or an 23 interest in land for oil and gas or for gas only under (5) of this subsection, the director 24 shall make available to the public a written finding that, in accordance with (1) of this 25 subsection, sets out the material facts and applicable statutes and regulations and any 26 other information required by statute or regulation to be considered upon which the 27 determination that the sale, lease, or other disposal will best serve the interests of the 28 state was based; however, a written finding is not required before the approval of 29 (A) a contract for a negotiated sale authorized under 30 AS 38.05.115; 31 (B) a lease of land for a shore fishery site under AS 38.05.082;
01 (C) a permit or other authorization revocable by the 02 commissioner; 03 (D) a mineral claim located under AS 38.05.195; 04 (E) a mineral lease issued under AS 38.05.205; 05 (F) an exempt oil and gas lease sale or gas only lease sale under 06 AS 38.05.180(d) of acreage subject to a best interest finding issued within the 07 previous 10 years or a reoffer oil and gas lease sale or gas only lease sale under 08 AS 38.05.180(w) of acreage subject to a best interest finding issued within the 09 previous 10 years, unless the commissioner determines that substantial new 10 information has become available that justifies a supplement to the most recent 11 best interest finding for the exempt oil and gas lease sale or gas only lease sale 12 acreage and for the reoffer oil and gas lease sale or gas only lease sale acreage; 13 however, for each oil and gas lease sale or gas only lease sale described in this 14 subparagraph, the director shall call for comments from the public; the 15 director's call for public comments must provide opportunity for public 16 comment for a period of not less than 30 days; if the director determines that a 17 supplement to the most recent best interest finding for the acreage is required 18 under this subparagraph, 19 (i) the director shall issue the supplement to the best 20 interest finding not later than 90 days before the sale; 21 (ii) not later than 45 days before the sale, the director 22 shall issue a notice describing the interests to be offered, the location 23 and time of the sale, and the terms and conditions of the sale; and 24 (iii) the supplement has the status of a final written best 25 interest finding for purposes of (i) and (l) of this section; 26 (G) a surface use lease under AS 38.05.255; 27 (H) a permit, right-of-way, or easement under AS 38.05.850; 28 (7) the director shall include in 29 (A) a preliminary written finding, if required, a summary of 30 agency and public comments, if any, obtained as a result of contacts with other 31 agencies concerning a proposed disposal or as a result of informal efforts
01 undertaken by the department to solicit public response to a proposed disposal, 02 and the department's preliminary responses to those comments; and 03 (B) the final written finding a summary of agency and public 04 comments received and the department's responses to those comments. 05 * Sec. 6. AS 38.05.945(d) is amended to read: 06 (d) Notice at least 30 days before action under (a)(5) of this section shall be 07 given to appropriate 08 [(1)] regional fish and game councils established under AS 16.05.260 09 [; AND 10 (2) COASTAL RESOURCE SERVICE AREAS ORGANIZED 11 UNDER AS 46.40.110 - 46.40.210]. 12 * Sec. 7. AS 41.17.900(d) is amended to read: 13 (d) Notwithstanding any other provision of this chapter, the state forester and 14 the commissioner may not employ the authority vested by this chapter so as to 15 duplicate or preempt the statutory authority of other state agencies to adopt regulations 16 or undertake other administrative actions governing resources, values, or activities on 17 forest land except for 18 [(1) REGULATIONS UNDER THE COASTAL MANAGEMENT 19 ACT; AND 20 (2)] regulations, if authorized by the commissioner of environmental 21 conservation, relating to control of nonpoint source pollution. 22 * Sec. 8. AS 41.21.492(b) is amended to read: 23 (b) Nothing in AS 41.21.491 - 41.21.495 affects the responsibilities of 24 (1) the Department of Fish and Game, the Board of Fisheries, or the 25 Board of Game under AS 16 and AS 41.99.010; or 26 (2) the Department of Environmental Conservation under AS 46.03 [; 27 OR 28 (3) STATE AGENCIES AND MUNICIPALITIES UNDER 29 AS 46.39.010 AND AS 46.40.100]. 30 * Sec. 9. AS 41.21.504(b) is amended to read: 31 (b) Nothing in AS 41.21.500 - 41.21.514 affects the applicability of
01 (1) AS 41.99.010 and AS 16 regarding the responsibilities of the 02 Department of Fish and Game or the Board of Fisheries or the Board of Game; or 03 (2) AS 46.03 regarding the responsibilities of the Department of 04 Environmental Conservation [; OR 05 (3) AS 46.39.010 AND AS 46.40.100 REGARDING THE 06 RESPONSIBILITIES OF STATE AGENCIES AND MUNICIPALITIES]. 07 * Sec. 10. AS 41.23.420(d) is amended to read: 08 (d) The provisions of AS 41.23.400 - 41.23.510 do not affect the authority of 09 (1) the Department of Fish and Game, the Board of Fisheries, the 10 Board of Game, or the Department of Commerce, Community, and Economic 11 Development under AS 08.54, AS 16, or AS 41.99.010; or 12 (2) the Department of Environmental Conservation under AS 46.03 [; 13 OR 14 (3) STATE AGENCIES AND MUNICIPALITIES UNDER 15 AS 46.39.010 AND AS 46.40.100]. 16 * Sec. 11. AS 44.33.788 is amended to read: 17 Sec. 44.33.788. Other planning powers. The department may accept and 18 expend grants from the federal government and other public or private sources, may 19 contract with reference to them, and may enter into contracts and exercise all other 20 powers necessary to carry out AS 44.33.782 - 44.33.788 [AS 44.33.781 - 44.33.788]. 21 * Sec. 12. AS 44.33.790 is amended to read: 22 Sec. 44.33.790. Definition. In AS 44.33.782 - 44.33.790 [AS 44.33.781 - 23 44.33.790], "department" means the Department of Commerce, Community, and 24 Economic Development. 25 * Sec. 13. AS 44.33.844 is amended to read: 26 Sec. 44.33.844. Boundaries. The boundaries of an area studied shall conform 27 to the boundaries indicated in the request for the study under AS 44.33.842 unless the 28 commissioner, after a public hearing held in the area of the proposed study, determines 29 that the boundaries should be altered. In determining the boundaries of an area to be 30 studied, the commissioner shall consider 31 (1) the standards applicable to the incorporation of boroughs under
01 AS 29.05.031; 02 (2) boundaries of regional corporations established under 43 U.S.C. 03 1606; 04 (3) census divisions of the state used for the 1980 census; and 05 (4) boundaries of the regional educational attendance areas established 06 under AS 14.08.031 [; AND 07 (5) BOUNDARIES OF COASTAL RESOURCE SERVICE AREAS 08 ORGANIZED UNDER AS 46.40.110 - 46.40.210]. 09 * Sec. 14. AS 44.66.020(a) is amended to read: 10 (a) Agency programs and activities listed in this subsection that are 11 specifically designated as provided in AS 44.66.030 are subject to termination during 12 the regular legislative session convening in the month and year set out after each: 13 (1) programs in the budget categories of general government, public 14 protection, and administration of justice - January, 1980; 15 (2) programs in the budget categories of education and the University 16 of Alaska - January, 1981; 17 (3) programs in the budget categories of health and social services - 18 January, 1982; 19 (4) programs in the budget categories of natural resources 20 management, development, and transportation - January, 1983; 21 (5) the Alaska coastal management program (AS 46.40) - January, 22 2011. 23 * Sec. 15. AS 46.40.030(b) is amended to read: 24 (b) In developing enforceable policies in its coastal management plan under 25 (a) of this section, a coastal resource district shall meet the requirements of 26 AS 46.40.070 and shall [MAY] not duplicate, restate, or incorporate by reference 27 statutes and administrative regulations adopted by state or federal agencies. 28 * Sec. 16. The uncodified law of the State of Alaska enacted in sec. 46(c), ch. 24, SLA 29 2003, is amended to read: 30 (c) Notwithstanding any contrary provision of ch. 24, SLA 2003 [THIS ACT], 31 the repeal of the Alaska Coastal Policy Council enacted by sec. 44, ch. 24, SLA 2003
01 [OF THIS ACT], and the repeal of the Alaska Coastal Policy Council's duties in 02 AS 46.40.040, as amended by sec. 10, ch. 24, SLA 2003 [OF THIS ACT], a district 03 coastal management program, including its enforceable policies, approved by the 04 former Alaska Coastal Policy Council remains in effect for purposes of AS 46.39 and 05 AS 46.40 until March 1, 2007 [JULY 1, 2006], unless the Department of Natural 06 Resources disapproves or modifies all or part of the program before March 1, 2007 07 [JULY 1, 2006]. 08 * Sec. 17. The uncodified law of the State of Alaska enacted in sec. 47(a), ch. 24, SLA 09 2003, is amended to read: 10 (a) Within 20 months [ONE YEAR] after the effective date of regulations 11 adopted by the Department of Natural Resources implementing changes to 12 AS 46.40.010 - 46.40.090, enacted by secs. 8 - 15 and 44, ch. 24, SLA 2003 [OF 13 THIS ACT], or by March 1, 2006 [JULY 1, 2005], whichever is later, coastal 14 resource districts shall review their existing district coastal management program and 15 submit to the Department of Natural Resources for review and approval a revised 16 district coastal management plan meeting the requirements of AS 46.40 [, AS 17 AMENDED BY THIS ACT,] and the implementing regulations. 18 * Sec. 18. AS 41.17.900(e); AS 44.33.781; AS 46.39.010, 46.39.030, 46.39.040, 46.39.900; 19 AS 46.40.010, 46.40.020, 46.40.030, 46.40.040, 46.40.050, 46.40.060, 46.40.070, 46.40.090, 20 46.40.094, 46.40.096, 46.40.100, 46.40.110, 46.40.140, 46.40.150, 46.40.180, 46.40.190, 21 46.40.195, 46.40.205, and 46.40.210 are repealed. 22 * Sec. 19. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 DUTIES OF THE DEPARTMENT OF NATURAL RESOURCES; REPEAL OF 25 CERTAIN COASTAL RESOURCE DISTRICT POLICIES. (a) Notwithstanding any 26 contrary provision of law, enforceable coastal resource district policies in effect on the 27 effective date of this section that conflict with AS 46.40.030(b), as amended in sec. 15 of this 28 Act and as that subsection read on the effective date of this section, or address any matter 29 regulated by the Department of Environmental Conservation are repealed and are declared 30 null and void. 31 (b) Within two years after the approval of the state's revised coastal management
01 program developed under ch. 24, SLA 2003, by the National Oceanic and Atmospheric 02 Administration, Office of Ocean and Coastal Resource Management, United States 03 Department of Commerce under 16 U.S.C. 1455 and 1457 (Coastal Zone Management Act of 04 1972), the Department of Natural Resources shall complete a review and update of 05 categorically and generally consistent determinations. The Department of Natural Resources 06 shall complete a review and update of categorically and generally consistent determinations at 07 least every four years thereafter and shall conform to the requirements of AS 46.40.096(m) as 08 that subsection read on the effective date of this section. 09 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 EMERGENCY REGULATIONS. The need to adopt regulations consistent with this 12 Act is declared an emergency, and the Department of Natural Resources shall proceed to 13 adopt emergency conforming regulations to implement this Act. 14 * Sec. 21. The uncodified law of the State of Alaska enacted in sec. 49, ch. 24, SLA 2003, 15 is amended to read: 16 Sec. 49. Section 45, ch. 24, SLA 2003, [OF THIS ACT] takes effect March 1, 17 2007 [JULY 1, 2005]. 18 * Sec. 22. Sections 1 - 13 and 18 of this Act take effect July 1, 2011, unless the state's 19 revised coastal management program has not been approved by the National Oceanic and 20 Atmospheric Administration, Office of Ocean and Coastal Resource Management, United 21 States Department of Commerce, under 16 U.S.C. 1455 and 1457 (Coastal Zone Management 22 Act of 1972) before January 1, 2006. If the state's revised coastal management program is not 23 approved before January 1, 2006, by the National Oceanic and Atmospheric Administration, 24 Office of Ocean and Coastal Resource Management, United States Department of Commerce, 25 then secs. 1 - 13 and 18 of this Act take effect May 10, 2006. The commissioner of natural 26 resources shall notify the revisor of statutes on February 1, 2006, whether the revised coastal 27 management program has been approved as described in this section. 28 * Sec. 23. Except as provided in sec. 22 of this Act, this Act takes effect immediately under 29 AS 01.10.070(c).