CSHB 283(FSH): "An Act relating to the nomination and designation of water as outstanding state resource water; and establishing an Advisory Board of Protected Waters."
00 CS FOR HOUSE BILL NO. 283(FSH) 01 "An Act relating to the nomination and designation of water as outstanding state 02 resource water; and establishing an Advisory Board of Protected Waters." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 46.03 is amended by adding new sections to read: 05 Sec. 46.03.085. Outstanding state resource water. (a) Water of the state may 06 be designated as an outstanding state resource as specified in 40 C.F.R. Part 131.12 by 07 an act of the legislature. 08 (b) The Advisory Board of Protected Waters established under AS 46.03.087 09 shall accept nominations of water for designation as outstanding state resource water. 10 (c) Any resident of the state may provide a nomination. 11 Sec. 46.03.087. Advisory Board of Protected Waters. (a) The Advisory 12 Board of Protected Waters is established in the department for the purpose of 13 accepting and reviewing nominations for an outstanding state resource water. 14 (b) The board shall consist of nine voting members as follows:
01 (1) three permanent members: 02 (A) the commissioner of environmental conservation, who shall 03 chair the board; 04 (B) one environmental specialist from the Department of 05 Environmental Conservation, appointed by the commissioner; 06 (C) one biologist from the Department of Natural Resources, 07 appointed by the commissioner of natural resources; and 08 (2) six rotating members, representing the region or regions in which 09 the nominated water is located, appointed by the commissioner: 10 (A) two representatives from a regional fishing organization; 11 (B) two representatives from a regional mining organization; 12 (C) two representatives from a regional tribal entity. 13 (c) The commissioner shall appoint rotating members of the board as soon as 14 practicable after the board receives a nomination that meets the nomination criteria 15 established under (g) of this section. The term of a rotating board member expires on 16 the date the board makes a final recommendation on a nomination under (f) of this 17 section. The applicable commissioner shall fill a vacancy on the board within 30 days. 18 (d) Members of the board do not receive a salary and are not entitled to per 19 diem and travel expenses authorized for boards and commissions under AS 39.20.180. 20 (e) Five members of the board constitute a quorum for the conduct of 21 business. A majority of the membership of the board must approve a final 22 recommendation on a nomination under (f) of this section. 23 (f) Within 60 days of receipt of a nomination, the commissioner shall 24 determine whether a nomination meets the criteria established under (g) of this section 25 and appoint the rotating members of the board. The board shall create a report to the 26 legislature describing the nominated water and providing a final recommendation for 27 or against designation of the nominated water within four months after the 28 appointment of a majority of the rotating members of the board. The board shall 29 consider nominations one at a time in the order that they are received. 30 (g) The department, in consultation with the permanent members of the board, 31 shall propose and adopt regulations that establish
01 (1) the process for the submittal of a nomination and for the submittal 02 of additional information related to a nomination; 03 (2) nomination acceptance criteria; regulations adopted under this 04 paragraph must include a requirement that a nomination demonstrate that the 05 nominated water is 06 (A) in relatively pristine condition, largely absent of human 07 sources of degradation, and of exceptional value to the state in its current 08 condition; 09 (B) of exceptional ecological, economic, or recreational 10 significance; 11 (C) an exceptional and rare example of its type, regardless of 12 its water quality; or 13 (D) proximate to, adjacent to, or within existing protected 14 waters; 15 (3) public notice and public hearings for all nominations meeting 16 qualifications under (2) of this subsection; 17 (4) a method to provide individual notice to known owners of land 18 adjacent to the nominated water; 19 (5) scientific and other requirements that must be met before water can 20 be designated outstanding state resource water; and 21 (6) guidelines and criteria that must be provided in a report to the 22 legislature under (f) of this section. 23 (h) The department shall provide staff for administrative support for the board. 24 (i) The board shall transmit to the commissioner the final recommendation and 25 report prepared under (f) of this section for each nomination for which a board was 26 appointed. Within 10 days after the convening of each regular legislative session, the 27 commissioner shall deliver each report and final recommendation received before 28 January 1 by the commissioner under this section to the senate secretary and the chief 29 clerk of the house of representatives and notify the legislature that the report is 30 available. 31 * Sec. 2. AS 46.03.900 is amended by adding a new paragraph to read:
01 (38) "outstanding state resource water" means water that is designated 02 by the commissioner under AS 46.03.085. 03 * Sec. 3. AS 46.03.085, 46.03.087, and 46.03.900(38) are repealed 11 days after the 04 convening of the Second Regular Session of the Thirtieth Alaska State Legislature.