CSSB 45(CRA): "An Act extending the termination date of the Alaska coastal management program and relating to the extension; relating to the review of activities and regulations of the Alaska coastal management program; establishing the Alaska Coastal Policy Board; relating to the development, review, and approval of district coastal management plans; relating to the duties of the Department of Natural Resources relating to the Alaska coastal management program; relating to funds provided to coastal resource districts; relating to special management areas; relating to regulations adopted by the department regarding persons authorized to participate in and to receive materials relating to a consistency review; relating to the review of certain consistency determinations; relating to notices given under the Alaska coastal management program; providing for an effective date by amending the effective date of secs. 1 - 13 and 18, ch. 31, SLA 2005; and providing for an effective date."
00 CS FOR SENATE BILL NO. 45(CRA) 01 "An Act extending the termination date of the Alaska coastal management program and 02 relating to the extension; relating to the review of activities and regulations of the Alaska 03 coastal management program; establishing the Alaska Coastal Policy Board; relating to 04 the development, review, and approval of district coastal management plans; relating to 05 the duties of the Department of Natural Resources relating to the Alaska coastal 06 management program; relating to funds provided to coastal resource districts; relating 07 to special management areas; relating to regulations adopted by the department 08 regarding persons authorized to participate in and to receive materials relating to a 09 consistency review; relating to the review of certain consistency determinations; relating 10 to notices given under the Alaska coastal management program; providing for an 11 effective date by amending the effective date of secs. 1 - 13 and 18, ch. 31, SLA 2005; and 12 providing for an effective date."
01 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 02 * Section 1. AS 44.66.020(a) is amended to read: 03 (a) Agency programs and activities listed in this subsection that are 04 specifically designated as provided in AS 44.66.030 are subject to termination during 05 the regular legislative session convening in the month and year set out after each: 06 (1) programs in the budget categories of general government, public 07 protection, and administration of justice - January, 1980; 08 (2) programs in the budget categories of education and the University 09 of Alaska - January, 1981; 10 (3) programs in the budget categories of health and social services - 11 January, 1982; 12 (4) programs in the budget categories of natural resources 13 management, development, and transportation - January, 1983; 14 (5) the Alaska coastal management program (AS 46.40) - January, 15 2017 . 16 * Sec. 2. AS 46.39 is amended by adding a new section to article 1 to read: 17 Sec. 46.39.005. Alaska Coastal Policy Board. (a) The Alaska Coastal Policy 18 Board is created in the Department of Natural Resources. The board consists of the 19 following: 20 (1) five public members appointed by the governor; the public 21 members shall include, one at-large member from any coastal resource district and 22 four members from a list composed of at least three names from each region, 23 nominated and submitted by the coastal resource districts of each region; one public 24 member shall be appointed from each of the following regions: 25 (A) northwest Alaska, including, generally, the area of the 26 North Slope Borough and the Northwest Arctic Borough; and the Bering Strait 27 area, including, generally, the area of the Bering Strait regional educational 28 attendance area; 29 (B) southwest Alaska, including, generally, the area within the 30 Lower Yukon, Lower Kuskokwim, and Southwest regional educational 31 attendance areas and the Lake and Peninsula and Bristol Bay Boroughs; and
01 the Kodiak-Aleutians area, including the Kodiak Island and area of the 02 Aleutians East Boroughs and the area of the Aleutian, Adak, and Pribilof 03 regional educational attendance areas; 04 (C) Upper Cook Inlet area, including the Municipality of 05 Anchorage and the Matanuska-Susitna Borough; the Lower Cook Inlet area, 06 including, generally, the Kenai Peninsula Borough; and the Prince William 07 Sound area, including, generally, the area east of the Kenai Peninsula Borough 08 to 141 West longitude; and 09 (D) Southeast Alaska, generally the area east of 141 West 10 longitude; 11 (2) each of the following designated members: 12 (A) the commissioner of environmental conservation; 13 (B) the commissioner of fish and game; 14 (C) the commissioner of natural resources; 15 (D) the commissioner of transportation and public facilities. 16 (b) Public members serve staggered terms of three years. Except as provided 17 in AS 39.05.080(4), each member serves until a successor is appointed and qualified. 18 A public member may be reappointed. A public member may be removed for cause. 19 (c) The board shall designate cochairs, one of whom shall be selected from 20 among the public members appointed under (a)(1) of this section and one from among 21 the members designated in (a)(2) of this section. 22 (d) If a member serving under (a)(2) of this section is unable to attend, a 23 deputy commissioner in the same department may attend and act in place of the 24 member. The names of alternates serving under (a)(2) of this section shall be filed 25 with the board. 26 (e) Three public members and three designated members of the board 27 constitute a quorum. However, action may be taken only upon the affirmative vote of 28 a majority of the full membership of the board. 29 (f) The board shall meet at least four times a year and as often as necessary to 30 fulfill its duties under this chapter and AS 46.40. Meetings may be held and members 31 may vote telephonically, except one board meeting a year shall be held in person.
01 (g) Public members of the board are entitled to per diem and travel expenses 02 authorized by law for members of boards and commissions. 03 (h) Administrative support for the board shall be provided by the division in 04 the department responsible for coastal and ocean management. The director of the 05 division in the department responsible for coastal and ocean management, under 06 direction of the cochair designated by the board from the individuals listed in (a)(2) of 07 this section, may contract with or employ persons as necessary to assist the board in 08 carrying out the board's duties and responsibilities. 09 (i) The board shall 10 (1) make recommendations to the department relating to the approval 11 or modification of a district coastal management plan under AS 46.40.060(b); and 12 (2) in accordance with AS 46.39.040(4), provide a forum for 13 representatives of affected interests to discuss and attempt to resolve issues related to 14 this chapter, AS 46.40, and the coastal uses and resources of the state. 15 * Sec. 3. AS 46.39.010 is amended by adding a new subsection to read: 16 (d) Not later than January 20 each year, the department shall prepare an annual 17 report summarizing the department's efforts to draft and adopt regulations under this 18 chapter and AS 46.40 during the prior calendar year. The department shall notify the 19 legislature that the report is available and shall also post the report on the department's 20 Internet website. 21 * Sec. 4. AS 46.39.030 is amended to read: 22 Sec. 46.39.030. Powers of the department. The department may 23 (1) apply for and accept grants, contributions, and appropriations, 24 including application for and acceptance of federal funds that may become available 25 for coastal planning and management; 26 (2) contract for necessary services; 27 (3) consult and cooperate with 28 (A) persons, organizations, and groups, public or private, 29 interested in, affected by, or concerned with coastal area planning and 30 management; 31 (B) agents and officials of the coastal resource districts of the
01 state, the Alaska Coastal Policy Board established in AS 46.39.005, and 02 federal and state agencies concerned with or having jurisdiction over coastal 03 planning and management; 04 (4) take any reasonable action necessary to carry out the provisions of 05 this chapter or AS 46.40. 06 * Sec. 5. AS 46.39.040 is amended to read: 07 Sec. 46.39.040. Duties of the department. In conformity with 16 U.S.C. 1451 08 - 1464 (Coastal Zone Management Act of 1972), as amended, the department shall 09 (1) develop statewide standards for the Alaska coastal management 10 program, and criteria for the preparation and approval of district coastal management 11 plans in accordance with AS 46.40; 12 (2) establish continuing coordination among state agencies to facilitate 13 the development and implementation of the Alaska coastal management program; in 14 carrying out its duties under this paragraph, the department shall initiate an 15 interagency program of comprehensive coastal resource planning for each geographic 16 region of the state; 17 (3) assure continued provision of data and information to coastal 18 resource districts and coastal resource service areas to carry out their planning and 19 management functions under the program; in providing data and information to a 20 coastal resource district or area under this paragraph, the department shall 21 provide the data and information by electronic transmission, or by mail if the 22 addressee does not have an electronic mail address, to each member of the 23 governing body of the coastal resource district or the board of the coastal 24 resource service area and to other persons as may be designated by the district or 25 area; 26 (4) annually solicit issues for discussion by the Alaska Coastal 27 Policy Board, summarize the minutes of the board's discussion of those issues, 28 and, based on the board's discussions, make recommendations to the 29 commissioner. 30 * Sec. 6. AS 46.39.040 is amended by adding a new subsection to read: 31 (b) If the department provides funds to a coastal resource district or area to
01 implement or amend a coastal resource district's or area's coastal management plan 02 and the department provides a restriction on how the funds may be used by the district 03 or area, the department shall specify the state statute or federal statute or regulation 04 that authorizes the restriction. 05 * Sec. 7. AS 46.40.010(d) is amended to read: 06 (d) All reviews and revisions shall be in accordance with [THE STATEWIDE 07 STANDARDS AND] district plan criteria adopted under AS 46.40.040. Changes to a 08 district coastal management plan may not conflict with statewide standards. 09 * Sec. 8. AS 46.40.030 is amended to read: 10 Sec. 46.40.030. Development of district coastal management plans. (a) 11 Coastal resource districts shall develop and adopt district coastal management plans in 12 accordance with the provisions of this chapter. The plan adopted by a coastal resource 13 district shall be based upon a municipality's existing comprehensive plan or a new 14 comprehensive resource use plan or comprehensive statement of needs, policies, 15 objectives, and standards governing the use of resources within the coastal area of the 16 district. The plan must meet the [STATEWIDE STANDARDS AND] district plan 17 criteria adopted under AS 46.40.040, must not conflict with the statewide standards 18 adopted under AS 46.40.040, and must include 19 (1) a delineation within the district of the boundaries of the coastal area 20 subject to the district coastal management plan; 21 (2) a statement, list, or definition of the land and water uses and 22 activities subject to the district coastal management plan; 23 (3) a statement of policies to be applied to all [THE] land and water 24 uses subject to the district coastal management plan as well as policies that apply 25 only to special management areas; and 26 (4) [A DESCRIPTION OF THE USES AND ACTIVITIES THAT 27 WILL BE CONSIDERED PROPER AND THE USES AND ACTIVITIES THAT 28 WILL BE CONSIDERED IMPROPER WITH RESPECT TO THE LAND AND 29 WATER WITHIN THE COASTAL AREA; AND 30 (5)] a designation of any special management [, AND THE 31 POLICIES THAT WILL BE APPLIED TO THE USE OF,] areas under [WITHIN]
01 the district coastal management plan and enforceable policies that will be 02 applicable within those special management areas [RESOURCE DISTRICT THAT 03 MERIT SPECIAL ATTENTION]. 04 (b) In developing enforceable policies in its coastal management plan under 05 (a) of this section, a coastal resource district shall ensure that the enforceable 06 policies 07 (1) are clear and concise as to the activities and persons affected by 08 the policies; 09 (2) use prescriptive or performance-based standards that are 10 written in precise and enforceable language; and 11 (3) address a coastal use or resource of concern to the residents of 12 the coastal resource district as demonstrated by local knowledge or supported by 13 scientific evidence [MEET THE REQUIREMENTS OF AS 46.40.070 AND MAY 14 NOT DUPLICATE, RESTATE, OR INCORPORATE BY REFERENCE STATUTES 15 AND ADMINISTRATIVE REGULATIONS ADOPTED BY STATE OR FEDERAL 16 AGENCIES]. 17 * Sec. 9. AS 46.40.040(a) is amended to read: 18 (a) Except as provided in (b) of this section and AS 41.17, the department 19 shall 20 (1) by regulation, adopt, under the provisions of AS 44.62 21 (Administrative Procedure Act) for the use of and application by coastal resource 22 districts and state agencies for carrying out their responsibilities under this chapter, 23 statewide standards and district coastal management plan criteria for 24 (A) identifying the boundaries of the coastal area subject to the 25 Alaska coastal management program; 26 (B) determining the land and water uses and activities subject 27 to the Alaska coastal management program; 28 (C) developing policies applicable to the land and water uses 29 subject to the Alaska coastal management program; 30 (D) developing regulations applicable to the land and water 31 uses subject to the Alaska coastal management program;
01 (E) developing policies and procedures to determine whether 02 specific proposals for the land and water uses or activities subject to the Alaska 03 coastal management program shall be allowed; 04 (F) designating and developing policies for special 05 management areas [THE USE OF AREAS OF THE COAST THAT MERIT 06 SPECIAL ATTENTION]; and 07 (G) measuring the progress of a coastal resource district in 08 meeting its responsibilities under this chapter; 09 (2) develop and maintain a program of technical and financial 10 assistance to aid coastal resource districts in the development and implementation of 11 district coastal management plans; 12 (3) undertake review and approval of district coastal management 13 plans in accordance with this chapter; 14 (4) initiate a process for identifying and managing uses of state 15 concern within specific areas of the coast; 16 (5) develop procedures or guidelines for consultation and coordination 17 with federal agencies managing land or conducting activities potentially affecting the 18 coastal area of the state; 19 (6) by regulation, establish a consistency review and determination or 20 certification process that conforms to the requirements of AS 46.40.096. 21 * Sec. 10. AS 46.40.060 is amended to read: 22 Sec. 46.40.060. Review and approval by the department. (a) If, upon 23 submission of a district coastal management plan for approval, the department finds 24 that the plan meets the provisions of this chapter [AND THE STATEWIDE 25 STANDARDS AND DISTRICT PLAN CRITERIA ADOPTED BY THE 26 DEPARTMENT AND DOES NOT ARBITRARILY OR UNREASONABLY 27 RESTRICT OR EXCLUDE USES OF STATE CONCERN], the department may 28 approve the district coastal management plan, or may approve portions of the district 29 plan that meet those requirements. 30 (b) If the department finds that a district coastal management plan is not 31 approvable or is approvable only in part under (a) of this section, it shall submit the
01 plan to the board for review. The board shall review the plan and make 02 recommendations relating to whether the department shall approve or modify 03 the district coastal management plan in whole or in part [DIRECT THAT 04 DEFICIENCIES IN THE PLAN SUBMITTED BY THE COASTAL RESOURCE 05 DISTRICT BE MEDIATED. IN MEDIATING THE DEFICIENCIES, THE 06 DEPARTMENT MAY CALL FOR ONE OR MORE PUBLIC HEARINGS IN THE 07 DISTRICT. THE DEPARTMENT SHALL MEET WITH OFFICIALS OF THE 08 COASTAL RESOURCE DISTRICT IN ORDER TO RESOLVE DIFFERENCES]. 09 (c) After the board has reviewed the district coastal management plan 10 and submitted recommendations under (b) of this section [IF, AFTER 11 MEDIATION, THE DIFFERENCES HAVE NOT BEEN RESOLVED], the 12 department shall enter findings and, by order, may require 13 (1) that the district coastal management plan be amended to satisfy the 14 provisions of this chapter [OR MEET THE STATEWIDE STANDARDS AND 15 DISTRICT PLAN CRITERIA ADOPTED BY THE DEPARTMENT]; 16 (2) that the district coastal management plan be revised to 17 accommodate a use of state concern; or 18 (3) any other action be taken by the coastal resource district as 19 appropriate. 20 (d) The superior courts of the state have jurisdiction to enforce orders of the 21 department or commissioner of natural resources entered under (c) or (e) of this 22 section. 23 * Sec. 11. AS 46.40.060 is amended by adding a new subsection to read: 24 (e) A person affected by a decision of the department under this section may 25 request reconsideration of the decision within 15 days after the issuance of a decision 26 made by the department under (c) of this section. The request must be in writing and 27 must include a statement of the specific changes desired. The commissioner of natural 28 resources may review the department's decision on the basis of the request and 29 determine whether the decision should be changed. The commissioner may issue a 30 determination in writing within 20 days after the issuance of the decision. If the 31 commissioner takes no action, the request for reconsideration shall be considered as
01 denied. Denial of a request for reconsideration shall be considered a final 02 administrative order and decision of the department. 03 * Sec. 12. AS 46.40.070 is repealed and reenacted to read: 04 Sec. 46.40.070. Requirements for department review and approval. (a) The 05 department shall approve a district coastal management plan submitted for review and 06 approval if the 07 (1) district coastal management plan 08 (A) meets the requirements of this chapter and the district plan 09 criteria adopted by the department; and 10 (B) does not conflict with the statewide standards adopted by 11 the department; and 12 (2) enforceable policies of the district coastal management plan 13 (A) do not duplicate, restate, incorporate by reference, 14 rephrase, or otherwise modify or adopt state or federal statutes or regulations; 15 (B) are not preempted by state or federal law; and 16 (C) do not arbitrarily or unreasonably restrict uses of state 17 concern. 18 (b) The enforceable policies in a district coastal management plan submitted 19 for review under this section may establish new standards or requirements that are 20 within the authority of a state or federal agency unless the state or federal agency 21 specifically objects. 22 (c) In reviewing and approving a district coastal management plan under (a) of 23 this section, the department may not require a district to designate areas for the 24 purpose of developing an enforceable policy. 25 (d) In this section, "specifically objects" means that a written objection to the 26 enforceable policy that establishes the new standards or requirements is filed with the 27 department by 28 (1) the commissioner of a state agency; 29 (2) the head of a federal agency operating in the state; 30 (3) the official responsible for a federal agency's operations in the 31 state; or
01 (4) legal counsel for a federal agency operating in the state. 02 * Sec. 13. AS 46.40.096(c) is amended to read: 03 (c) The regulations adopted by the department under this section must, in an 04 affected coastal resource district, permit the members of the governing body of 05 the coastal resource district, the district's coastal management plan coordinator, 06 and the district's community planner to participate in the consistency review, and 07 the regulations must require the department or reviewing entity to provide the 08 persons described in AS 46.39.030(3) materials relating to the consistency review. 09 The regulations must also include provisions for public notice and provide the 10 opportunity for public comment. Regulations relating to public notice and public 11 comment [THE REGULATIONS] adopted under this subsection may make 12 distinctions relating to notice based upon differences in project type, anticipated effect 13 of the project on coastal resources and uses, other state or federal notice requirements, 14 and time constraints. However, a notice given under this subsection must contain 15 sufficient information, expressed in commonly understood terms, to inform the public 16 of the nature of the proposed project for which a consistency determination is sought, 17 and must explain how the public may comment on the proposed project. Notices 18 described in this subsection shall be made available through the department's 19 Internet website. In this subsection, 20 (1) "coastal management plan coordinator" means the person 21 designated, by a coastal resource district, with development, maintenance, and 22 implementation of the district's coastal management plan; 23 (2) "community planner" means the person designated, by a 24 coastal resource district, with helping to formulate plans and making decisions 25 relating to the development of the district's natural resources and community 26 assets and the protection of the district's water, land, and air. 27 * Sec. 14. AS 46.40.096(d) is amended to read: 28 (d) In preparing a consistency review and determination for a proposed 29 project, the reviewing entity shall 30 (1) request consistency review comments for the proposed project 31 from state resource agencies, affected coastal resource districts, and other interested
01 parties as determined by regulation adopted by the department; 02 (2) prepare proposed consistency determinations; 03 (3) conduct elevations [COORDINATE SUBSEQUENT REVIEWS] 04 of proposed consistency determinations prepared under (2) of this subsection; an 05 elevation [A SUBSEQUENT REVIEW] of a proposed consistency determination 06 under this paragraph 07 (A) may only be conducted [IS LIMITED TO A REVIEW] 08 by the commissioners of the resource agencies, or, if a commissioner of a 09 resource agency is not available, a deputy commissioner in the same 10 department may serve in the commissioner's place [DEPARTMENT]; 11 (B) may occur only if requested by 12 (i) the project applicant; 13 (ii) a state resource agency; or 14 (iii) an affected coastal resource district; and 15 (C) shall be completed with the issuance of a written order 16 signed by at least two of the commissioners of the resource agencies 17 [DEPARTMENT] within 45 days after the initial request for an elevation 18 [SUBSEQUENT REVIEW] under this paragraph; 19 (4) render the final consistency determination and certification. 20 * Sec. 15. AS 46.40.096(o) is amended to read: 21 (o) The time limitations in (n) of this section 22 (1) do not apply to a consistency review involving the disposal of an 23 interest in state land or resources; 24 (2) are suspended 25 (A) from the time the reviewing entity determines that the 26 applicant has not adequately responded in writing within 14 days after the 27 receipt of a written request from the reviewing entity for additional 28 information, until the time the reviewing entity determines that the applicant 29 has provided an adequate written response; 30 (B) during a period of time requested by the applicant; 31 (C) during the period of time a consistency review is
01 undergoing an elevation [A SUBSEQUENT REVIEW] under (d)(3) of this 02 section. 03 * Sec. 16. AS 46.40.096(q)(2) is amended to read: 04 (2) "reviewing entity" means the 05 (A) Department of Natural Resources, for a consistency review 06 subject to AS 46.39.010; 07 (B) the commissioners, or certain deputy commissioners, as 08 provided under (d)(3)(A) of this section, of the resource agencies, for the 09 elevation of a proposed consistency determination under (d) of this 10 section; 11 (C) state agency identified in (b) of this section, for a 12 consistency review not subject to AS 46.39.010. 13 * Sec. 17. AS 46.40.180(b) is amended to read: 14 (b) If a city or village within a coastal resource service area fails to approve a 15 portion of the district coastal management plan prepared and submitted for approval 16 under (a) of this section, the governing body shall advise the coastal resource service 17 area board of its objections to the proposed plan and suggest alternative elements or 18 components for inclusion in the district coastal management plan. New matter 19 submitted by a city or village that meets the [STATEWIDE STANDARDS AND] 20 district plan criteria, and is not inconsistent with the statewide standards, adopted 21 under this chapter shall be accepted and the district coastal management plan modified 22 accordingly. If a city or village fails to provide objections and suggested alternatives 23 within the time limits established in this section, the coastal resource service area 24 board may adopt the district coastal management plan as initially offered. 25 * Sec. 18. AS 46.40.210 is amended by adding new paragraphs to read: 26 (13) "elevation" means a review of a proposed consistency 27 determination by the commissioners, or certain deputy commissioners, of the resource 28 agencies; 29 (14) "special management area" means a delineated geographic area 30 within the coastal area that is sensitive to change or alteration and that, because of 31 plans or commitments or because a claim on the resources within the area delineated
01 would preclude subsequent use of the resources to a conflicting or incompatible use, 02 warrants special management attention, or that, because of its value to the general 03 public, should be identified for current or future planning, protection, or acquisition; 04 these areas, subject to the department's definition of criteria for their identification, 05 include: 06 (A) areas of unique, scarce, fragile or vulnerable natural 07 habitat, cultural value, historical significance, or scenic importance; 08 (B) areas of high natural productivity or essential habitat for 09 living resources; 10 (C) areas of substantial recreational value or opportunity; 11 (D) areas where development of facilities is dependent upon 12 the utilization of, or access to, coastal water; 13 (E) areas of unique geologic or topographic significance that 14 are susceptible to industrial or commercial development; 15 (F) areas of significant hazard due to storms, slides, flooding, 16 earthquakes, active faults, tsunamis, volcanoes, liquefaction, ice movement or 17 snow avalanches, or erosion; and 18 (G) areas needed to protect, maintain, or replenish coastal land 19 or resources, including coastal flood plains, aquifer recharge areas, beaches, 20 and offshore sand deposits. 21 * Sec. 19. AS 46.39.005 is repealed. 22 * Sec. 20. AS 46.40.210(1) is repealed. 23 * Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 TRANSITION: MEMBERS OF THE ALASKA COASTAL POLICY BOARD; 26 STAGGERED TERMS. (a) Notwithstanding AS 44.39.005(a), added by sec. 2 of this Act, 27 within 30 days after the effective date of this section, the municipalities of each region 28 identified in AS 44.39.005(a)(1) shall submit to the governor the names of three persons from 29 the region qualified under AS 44.39.005(a), added by sec. 2 of this Act. Notwithstanding 30 AS 44.39.005, added by sec. 2 of this Act, within 60 days after the effective date of this 31 section, the governor shall appoint, from the lists of names submitted under
01 AS 46.39.005(a)(1), one member from each region and one at-large member to serve on the 02 Alaska Coastal Policy Board established by AS 46.39.005, added by sec. 2 of this Act. The 03 governor shall appoint the public members to three-year staggered terms. The governor shall 04 specify the term of each member appointed subject to this section. 05 (b) Notwithstanding the requirements of AS 46.40.060(b), as amended by sec. 10 of 06 this Act, a review by the Alaska Coastal Policy Board relating to a district coastal 07 management plan, or a portion of a district coastal management plan, shall be delayed until all 08 the public members of the board are appointed under (a) of this section. 09 * Sec. 22. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 RETROACTIVITY AND REVIVAL. (a) The amendment to AS 44.66.020(a)(5) 12 made by sec. 1 of this Act is retroactive to January 1, 2011. 13 (b) If, under AS 01.10.070(c), sec. 24 of this Act takes effect on or after July 1, 2011, 14 sec. 24 of this Act is retroactive to July 1, 2011, and sections repealed by sec. 18, ch. 31, SLA 15 2005, are revived. If a revived section is amended by this Act, it is revived as amended by this 16 Act. The revived sections are subject to repeal under sec. 22, ch. 31, SLA 2005, as amended 17 by sec. 24 of this Act. 18 (c) If, under AS 01.10.070(c), this section takes effect on or after July 1, 2011, 19 AS 46.39.005, added by sec. 2 of this Act and repealed by sec. 19 of this Act, is revived. 20 AS 46.39.005, as revived, is subject to repeal under secs. 19 and 25 of this Act and sec. 22, 21 ch. 31, SLA 2005, as amended by sec. 24 of this Act. 22 * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 CONDITIONAL EFFECT. Section 19 of this Act takes effect only if secs. 1 - 13 and 25 18, ch. 31, SLA 2005, take effect. 26 * Sec. 24. The uncodified law of the State of Alaska enacted in sec. 22, ch. 31, SLA 2005, is 27 amended to read: 28 Sec. 22. Sections 1 - 13 and 18, ch. 31, SLA 2005, [OF THIS ACT] take effect 29 July 1, 2017 , unless the state's revised coastal management program has not 30 been approved by the National Oceanic and Atmospheric Administration, Office of 31 Ocean and Coastal Resource Management, United States Department of Commerce,
01 under 16 U.S.C. 1455 and 1457 (Coastal Zone Management Act of 1972) before 02 January 1, 2006. If the state's revised coastal management program is not approved 03 before January 1, 2006, by the National Oceanic and Atmospheric Administration, 04 Office of Ocean and Coastal Resource Management, United States Department of 05 Commerce, then secs. 1 - 13 and 18, ch. 31, SLA 2005, [OF THIS ACT] take effect 06 May 10, 2006. The commissioner of natural resources shall notify the revisor of 07 statutes on February 1, 2006, whether the revised coastal management program has 08 been approved as described in this section. 09 * Sec. 25. If sec. 19 of this Act takes effect, it takes effect on the date that secs. 1 - 13 and 10 18, ch. 31, SLA 2005, take effect. 11 * Sec. 26. Except as provided in sec. 25 of this Act, this Act takes effect immediately under 12 AS 01.10.070(c).