SB 203: "An Act relating to adoption and use of a unified permit application form by the natural resource agencies; and providing for online permit applications."
00 SENATE BILL NO. 203 01 "An Act relating to adoption and use of a unified permit application form by the natural 02 resource agencies; and providing for online permit applications." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 03.05.075(f) is amended to read: 05 (f) In this section, 06 (1) "elk" means an animal of a subspecies of Cervus elaphus that is 07 indigenous to North America; "elk" does not include red deer or a red deer hybrid; 08 (2) "form provided by the commissioner" means the unified 09 permit application form adopted under AS 46.35.400, unless the department 10 finds under AS 46.35.490 that the provisions of AS 46.35.400 - 46.35.499 do not 11 apply. 12 * Sec. 2. AS 16.10.400(b) is amended to read: 13 (b) The application for a permit under this section shall be on a form 14 prescribed by the department and be accompanied by an application fee of $100. The
01 commissioner may waive the submission of an application for a permit to operate a 02 hatchery under AS 16.10.480. In this subsection, "form prescribed by the 03 department" means the unified permit application form adopted under 04 AS 46.35.400, unless the department finds under AS 46.35.490 that the provisions 05 of AS 46.35.400 - 46.35.499 do not apply. 06 * Sec. 3. AS 16.40.110(a) is amended to read: 07 (a) An applicant for an aquatic farming or hatchery permit required under 08 AS 16.40.100 shall apply on a form prescribed by the commissioner. An application 09 for a permit must include a plan for the development and operation of the aquatic farm 10 or hatchery, which must be approved by the commissioner before the permit is issued. 11 In this subsection, "form prescribed by the commissioner" means the unified 12 permit application form adopted under AS 46.35.400, unless the department 13 finds under AS 46.35.490 that the provisions of AS 46.35.400 - 46.35.499 do not 14 apply. 15 * Sec. 4. AS 16.43.260(b) is amended to read: 16 (b) The commission shall establish the opening and closing dates, places, and 17 form of application for entry permits for each fishery. The commission may require 18 the submission of specific verified evidence establishing the applicant's qualifications 19 under the regulations adopted under AS 16.43.250. In this subsection, "form of 20 application" means the unified permit application form adopted under 21 AS 46.35.400, unless the department finds under AS 46.35.490 that the provisions 22 of AS 46.35.400 - 46.35.499 do not apply. 23 * Sec. 5. AS 27.21.060(a) is amended to read: 24 (a) Beginning eight months after May 2, 1983, a person may not conduct a 25 surface coal mining and reclamation operation in the state without a permit for that 26 operation. To receive a permit, a person must apply to the commissioner using the 27 unified permit application form adopted under AS 46.35.400, unless the 28 department finds under AS 46.35.490 that the provisions of AS 46.35.400 - 29 46.35.499 do not apply. The commissioner shall process applications according to 30 this chapter and regulations adopted under it. 31 * Sec. 6. AS 46.03.110(a) is amended to read:
01 (a) An application for a permit under AS 46.03.100(b)(1) or (2) or an 02 authorization under AS 46.03.100(d) shall be made on forms prescribed by the 03 department. Forms must contain the name and address of the applicant, a description 04 of the applicant's operations, the quantity and type of waste material sought to be 05 disposed of, the proposed method of disposal, and any other information considered 06 necessary by the department. The applicant may request that a general permit be 07 issued, or the department may, on its own initiative, propose that an applicant be 08 authorized under a general permit. In this subsection, "forms prescribed by the 09 department" means the unified permit application form adopted under 10 AS 46.35.400, unless the department finds under AS 46.35.490 that the provisions 11 of AS 46.35.400 - 46.35.499 do not apply. 12 * Sec. 7. AS 46.14.140(a) is amended to read: 13 (a) The department shall adopt regulations to address substantive and 14 procedural elements of the emission control permit program established under this 15 chapter that are not addressed in statute, except elements that relate only to the internal 16 management of the department and do not affect the public or govern the way the 17 department deals with the public. The regulations must be reasonable and adequate, 18 and provide flexibility in the operation of a stationary source consistent with 42 U.S.C. 19 7401 - 7671q (Clean Air Act), as amended, and applicable federal regulations. Except 20 for regulations concerning minor permits required under AS 46.14.130(c), the 21 regulations must include 22 (1) a requirement to use the unified permit [A STANDARD 23 PERMIT] application form adopted under AS 46.35.400 that meets the requirements 24 of federal regulations adopted under 42 U.S.C. 7661a(b) (Clean Air Act, sec. 502(b)), 25 unless the department finds under AS 46.35.490 that the provisions of 26 AS 46.35.400 - 46.35.499 do not apply; 27 (2) monitoring, record keeping, and reporting requirements for 28 facilities that are subject to AS 46.14.130(b), which must comply with the 29 requirements established for state operating permit programs in 40 C.F.R. 70.6, but 30 which may be modified to take into account this state's unique conditions; 31 (3) procedures for preparation and submission of a monitoring,
01 reporting, and quality assurance plan and, if required, a compliance schedule 02 describing how a permitted stationary source will comply with the applicable 03 requirements of this chapter; 04 (4) procedures for 05 (A) specifying when permit applications and renewal requests 06 are to be submitted; 07 (B) specifying the time duration for department review of 08 permit applications; 09 (C) processing and reviewing an application; 10 (D) providing public notice, including opportunity for public 11 comment and hearing; and 12 (E) issuing permits, including procedures for issuing permits 13 for temporary operations or open burn activities; 14 (5) reasonable standard permit conditions, including conditions for 15 (A) emission standards and limitations; 16 (B) monitoring, record keeping, and reporting for facilities 17 subject to AS 46.14.130; 18 (C) inspection and entry; 19 (D) certification of corporate or other business organization 20 reports; 21 (E) annual certification of compliance; 22 (F) excess emission or process deviation reporting; and 23 (G) equipment malfunctions and emergencies; 24 (6) fees and procedures for collecting fees; 25 (7) provisions addressing late payment or nonpayment of fees, which 26 may include assessment of penalties and interest or refusal to issue, amend, modify, or 27 renew an air quality control permit; 28 (8) the duration of permits; 29 (9) procedures for modifying or amending a permit that provide 30 flexibility in the operation of the stationary source, including procedures to allow 31 changes to a permitted stationary source without requiring a permit modification,
01 consistent with the purposes of this chapter and with 42 U.S.C. 7401 - 7671q (Clean 02 Air Act); 03 (10) reasonable provisions for renewing, reopening, revoking and 04 reissuing, and terminating a permit consistent with the purposes of this chapter and 42 05 U.S.C. 7401 - 7671q (Clean Air Act); 06 (11) provisions allowing for physical or operational limitations that 07 will reduce a stationary source's emissions to levels below those that would make the 08 stationary source subject to part or all of AS 46.14.120 and 46.14.130; 09 (12) provisions authorizing stationary source operation while a permit 10 application is pending, consistent with 42 U.S.C. 7661b(d) (Clean Air Act, sec. 11 503(d)); 12 (13) provisions for ensuring that compliance with an operating permit 13 issued under this chapter will be considered to be compliance with 42 U.S.C. 7661a 14 (Clean Air Act, sec. 502) and other provisions of state or federal law specifically 15 provided for by the department consistent with 42 U.S.C. 7401 - 7671q (Clean Air 16 Act) and regulations adopted under state and federal law; 17 (14) provisions allowing for certification of inspectors who evaluate 18 compliance with the terms and conditions of a permit, order, regulation, or other 19 provision of law authorized under this chapter; and 20 (15) definitions of terms incorporating applicable definitions in 42 21 U.S.C. 7401 - 7671q (Clean Air Act), as amended, and applicable federal regulations, 22 to the extent that those definitions are not inconsistent with this chapter. 23 * Sec. 8. AS 46.14.160(a) is amended to read: 24 (a) The department shall review every application submitted under this chapter 25 for completeness. To be determined complete, an application must provide the 26 information identified by the department in regulations adopted under AS 46.14.140 27 and in standard application forms provided by the department under 28 AS 46.14.140(a)(1) and must be certified true and correct by the owner and operator. 29 In this subsection, "standard application forms" means the unified permit 30 application form adopted under AS 46.35.400, unless the department finds under 31 AS 46.35.490 that the provisions of AS 46.35.400 - 46.35.499 do not apply.
01 * Sec. 9. AS 46.15.040(b) is amended to read: 02 (b) A right to appropriate water shall be obtained by first making application 03 to the commissioner for a permit to appropriate. The commissioner shall by regulation 04 prescribe the contents and form [AND CONTENTS] of the application and the 05 procedure for filing the application. If a permit is granted and the means of 06 appropriation is constructed, a certificate of appropriation may be obtained. In this 07 subsection, "form of application" means the unified permit application from 08 adopted under AS 46.35.400, unless the department finds under AS 46.35.490 09 that the provisions of AS 46.35.400 - 46.35.499 do not apply. 10 * Sec. 10. AS 46.35 is amended by adding new sections to read: 11 Article 3. Unified Permit Applications. 12 Sec. 46.35.400. Unified permit application form. (a) By July 1, 2007, the 13 resource agencies shall adopt a unified permit application form. The application form 14 must require the applicant to provide the information necessary to meet the statutory 15 and regulatory permit requirements of each resource agency. 16 (b) Following adoption of the unified permit application form by the resource 17 agencies, the unified permit application shall be the only application required for any 18 permitting action by the resource agencies when a project requires permits from two or 19 more resource agencies. 20 (c) Through a collaborative process, the resource agencies may, from time to 21 time, revise the unified permit application form as necessary to conform to changes in 22 applicable statutes and regulations. 23 (d) The resource agencies shall make the unified permit application available 24 in both electronic and printed formats. 25 Sec. 46.35.410. Permit application information on Internet. (a) By July 1, 26 2007, each resource agency shall publish on the Internet 27 (1) a list of the types of permits issued by the agency together with a 28 description of each permit administered by the agency; 29 (2) an electronic version of the unified permit application form adopted 30 under AS 46.35.400; 31 (3) instructions for an applicant to obtain a printed version of the
01 unified permit application form; and 02 (4) instructions for filing the unified permit application form with the 03 agency. 04 (b) By July 1, 2008, each resource agency shall also publish on the Internet 05 (1) an interactive application or other means for an applicant to 06 determine what permit or permits an applicant must obtain from each resource agency; 07 and 08 (2) information concerning the procedure for each agency's review of a 09 unified permit application. 10 Sec. 46.35.420. Submission of a permit application on the Internet. (a) By 11 July 1, 2008, the resource agencies shall develop the process for an applicant to submit 12 a unified permit application by the Internet to each of the agencies. 13 (b) The process developed in (a) of this section must include 14 (1) a secure registration system that allows an applicant to register with 15 the resource agencies for the purpose of checking the status of a unified permit 16 application and updating the application information; 17 (2) a means for notifying each applicable resource agency of the 18 receipt of a unified permit application or changes in a unified permit application; and 19 (3) a means for each resource agency to electronically update or revise 20 information for a unified permit application and to electronically import unified permit 21 application information for the use by the agency. 22 (c) Notwithstanding the development of the unified permit application process 23 under (a) of this section, the resource agencies shall continue to provide a paper 24 version of the application for an applicant to submit to a resource agency. 25 (d) The fee for submitting a unified permit application using the process 26 developed under (a) of this section shall be 20 percent less than the fee applicable to 27 an application not submitted by the Internet. 28 Sec. 46.35.430. Unified permit application. (a) An applicant for a permit 29 from a resource agency for a project that requires permits from two or more agencies 30 shall complete a unified permit application on a form provided by the resource 31 agencies and submit the application to the resource agencies that issue the permits. On
01 and after the date of adoption of the unified permit application form under 02 AS 46.35.400, the unified permit application is the only application required for a 03 permitting action by a resource agency when a project requires permits from two or 04 more resource agencies. 05 (b) An application is complete if the application 06 (1) contains the information required by the resource agencies on the 07 unified permit application; and 08 (2) is sufficient to begin a review under each applicable resource 09 agency's statutory and regulatory requirements. 10 (c) If a resource agency determines that the application is incomplete, the 11 agency shall notify the applicant and identify the information necessary to complete 12 the application. Once the agency has determined that an application is complete, it 13 shall immediately submit a copy of the application to each applicable resource agency 14 for review. 15 Sec. 46.35.440. Unified permit application review. (a) A resource agency 16 shall request from the applicant any additional information necessary to conduct the 17 agency's review of the application. 18 (b) After receiving additional information provided by the applicant, the 19 requesting agency shall notify the applicant whether the information is adequate. If the 20 information is not adequate, the requesting agency shall 21 (1) explain how the information submitted is inadequate; and 22 (2) identify 23 (A) the information needed to satisfy the original request; and 24 (B) any further information needed to analyze issues raised by 25 the response to the original request for additional information. 26 (c) Each resource agency reviewing an application shall review the unified 27 permit application in accordance with applicable statutes and regulations. Each 28 resource agency shall initiate public involvement in the application review process in 29 accordance with applicable statutes and regulations. Resource agencies shall 30 coordinate public involvement and conduct unified public hearings to the extent 31 possible.
01 Sec. 46.35.490. Applicability. The provisions of AS 46.35.400 - 46.35.499 do 02 not apply to 03 (1) licensing of sport fishing and hunting under AS 16.05.330 - 04 16.05.430; 05 (2) licensing of commercial fishing crewmembers and vessels under 06 AS 16.05.440 - 16.05.723; 07 (3) a permit for the use of a trapping cabin under AS 38.95.075; 08 (4) the sale or lease of a remote recreational cabin site under 09 AS 38.05.600; 10 (5) fees for the use of state park system facilities under AS 41.21.026; 11 and 12 (6) any permit or license issued by a resource agency that the agency 13 finds is subject to fixed, objective eligibility standards, and that requires minimal 14 discretion in determining qualification. 15 Sec. 46.35.499. Definitions. In AS 46.35.400 - 46.35.499, 16 (1) "permit" means a permit, lease, authorization, license, or other 17 determination necessary for completion of a project; 18 (2) "resource agency" means 19 (A) the Department of Environmental Conservation; 20 (B) the Department of Fish and Game; or 21 (C) the Department of Natural Resources.