CSSB 163(RES): "An Act relating to the nomination and designation of state water as outstanding state resource water; defining outstanding state resource water; providing for the management of outstanding state resource water; and providing for an effective date."
00 CS FOR SENATE BILL NO. 163(RES) 01 "An Act relating to the nomination and designation of state water as outstanding state 02 resource water; defining outstanding state resource water; providing for the 03 management of outstanding state resource water; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 46.03 is amended by adding new sections to read: 06 Article 3A. Outstanding State Resource Water 07 Sec. 46.03.135. Outstanding state resource water; nominations. (a) A water 08 of the state may not be designated as an outstanding state resource water except by an 09 act of the legislature. An outstanding state resource water designation may not be 10 removed except by an act of the legislature. 11 (b) The department shall accept from a resident of the state a nomination of 12 water for designation as outstanding state resource water. A nomination must include 13 (1) the name, the geographic identification, and specific distinguishing 14 features of a water body or portion of the water body nominated for designation;
01 (2) a detailed map identifying 02 (A) the location of the nominated water; 03 (B) the boundaries of the nominated water, including any 04 upstream or downstream boundaries; 05 (C) adjacent, proximate, or overlapping boundaries of the 06 nominated water, and a national or state park, a river designated a wild and 07 scenic river under 16 U.S.C. 1271 - 1287 (Wild and Scenic Rivers Act), critical 08 habitat designated under 16 U.S.C. 1531 - 1544 (Endangered Species Act of 09 1973), and other similar protected areas; 10 (3) evidence demonstrating that the nominated water is 11 (A) in relatively pristine condition, largely absent of human 12 sources of degradation, and of exceptional value to the state in its current 13 condition; 14 (B) of exceptional ecological, economic, or recreational 15 significance; or 16 (C) an exceptional and rare example of its type, regardless of 17 its water quality; 18 (4) a statement concluding that the designation is necessary to protect 19 the nominated water; the statement must, at a minimum, reference supporting 20 scientific data and principles; 21 (5) a discussion of alternative means that could be used to protect the 22 nominated water under state or federal law; 23 (6) available water quality data for the water, including chemical, 24 physical, or biological water quality information relevant to establishing a baseline 25 water quality of the nominated water; 26 (7) a description of current or future activities that result or could result 27 in a discharge in waters adjacent to or a tributary of the nominated water, or in the 28 nominated water itself that may need to be limited or managed to comply with the 29 standards under AS 46.03.185, if the nominated water is designated as outstanding 30 state resource water; 31 (8) a discussion of the economic effect the designation would have on
01 the local and regional economies of the state; 02 (9) evidence that the nominated water constitutes waters of the United 03 States; 04 (10) any additional information that the person submitting the 05 nomination believes may be necessary to aid the department in conducting the analysis 06 necessary to forward the nomination to the legislature; and 07 (11) a fee of $1,000. 08 Sec. 46.03.145. Department determinations on nomination; agreement. (a) 09 Within six months after receiving a nomination, the department shall determine 10 whether the nomination meets the requirements of AS 46.03.135. If the department 11 determines that a nomination meets the requirements of AS 46.03.135, the department 12 may enter into an agreement with the resident of the state that nominated the water. 13 The agreement under this section may provide that the resident shall reimburse the 14 department for the costs or a portion of the costs incurred by the department or another 15 state agency related to the nomination process. The agreement may specify that costs 16 incurred by the department include costs for 17 (1) necessary public notice and public hearings; and 18 (2) preparation of the findings, analyses, or determinations related to 19 the nomination. 20 (b) For a nomination meeting the requirements of AS 46.03.135 for which a 21 cost agreement has not been established or for which a partial cost agreement has been 22 established, the department shall prepare an estimate of the cost to the department and 23 other state agencies to prepare and process the nomination. The cost estimate under 24 this subsection may be transmitted to the legislature for consideration as a capital 25 appropriation. 26 Sec. 46.03.155. Regulations. (a) The department shall adopt regulations that 27 establish a process for 28 (1) submitting a nomination and additional information related to a 29 nomination; 30 (2) prioritizing nominations; 31 (3) providing public notice and a public hearing for all nominations;
01 (4) providing individual notice to known owners of land adjacent to 02 the nominated water; 03 (5) providing, upon the request of an individual, a copy of the 04 nomination and additional material related to the nomination, including public 05 comments related to the nomination; and 06 (6) an individual to request an additional public hearing on a 07 nomination. 08 (b) The department may adopt regulations that establish additional nomination 09 or information requirements not provided in this section. 10 Sec. 46.03.165. Requirements for submission to the legislature; nomination 11 attachments. (a) The department may forward a nomination for outstanding state 12 resource water to the legislature only if the 13 (1) entirety of the water nominated is a water of the United States; 14 (2) department has determined that the nomination meets the 15 requirements of AS 46.03.135; 16 (3) department, in consultation with the Department of Fish and Game 17 and the Department of Natural Resources, determines that the nominated water has 18 exceptional characteristics when compared to other state water and the water 19 (A) is in relatively pristine condition, largely absent of human 20 sources of degradation, and of exceptional value to the state in its current 21 condition; 22 (B) is of exceptional ecological, economic, or recreational 23 significance; or 24 (C) is an exceptional and rare example of its type, regardless of 25 its water quality; 26 (4) resident of the state who nominated the water has paid in full the 27 fee due under AS 46.03.135(b)(11) and amounts owed under an agreement under 28 AS 46.03.145. 29 (b) The department shall, in consultation with the Department of Fish and 30 Game and the Department of Natural Resources, create a report analyzing the 31 nomination using the factors described in this subsection. At a minimum, the report
01 must analyze 02 (1) whether there is a risk that the quality of the nominated water will, 03 without the designation, be degraded, causing permanent and substantial adverse 04 effects to the exceptional characteristics of the water; 05 (2) the advantages and disadvantages of other means the state may 06 have to protect the nominated water to preserve its exceptional characteristics. 07 (c) The department may, to assist with the requirements of this section, request 08 that the resident of the state that nominated the water provide additional information. 09 (d) Upon completion of the requirements in this section and AS 46.03.135 - 10 46.03.155, and the regulations adopted thereunder, and after attaching to the 11 nomination the report required under (b) of this section, a summary of the public 12 comments related to the nomination, and any other required or pertinent material 13 compiled under this section or AS 46.03.135 - 46.03.155, or regulations adopted 14 thereunder, the department shall certify the nomination complete. The department 15 shall note on the nomination the date the department certifies the nomination 16 complete. 17 Sec. 46.03.175. Submissions to the legislature. (a) Within 10 days after the 18 convening of each first regular legislative session, the commissioner shall transmit to 19 the legislature for consideration a list of nominations certified complete under 20 AS 46.03.165(d) in the preceding four calendar years. For a nomination certified 21 complete under AS 46.03.165(d) in the preceding two calendar years, the 22 commissioner shall submit to the legislature the entire nomination, as certified 23 complete under AS 46.03.165(d). 24 (b) Every 10 years, beginning in 2020, the Department of Environmental 25 Conservation and the Department of Natural Resources shall each deliver a report to 26 the senate secretary and the chief clerk of the house of representatives and notify the 27 legislature that the report is available. The reports must describe each body of water 28 designated as outstanding state resource water and provide a recommendation 29 regarding the continuation of the designation. 30 Sec. 46.03.185. Regulation of outstanding state resource water. (a) The 31 department shall regulate water designated as outstanding state resource water under
01 AS 46.03.135 to maintain and protect the water so that no new or increased discharge 02 and no new or increased discharge to a tributary to the water would result in lower 03 water quality in the water, unless the discharge is temporary and does not result in 04 long-term lower quality of water. 05 (b) The department may not manage water of the state as specified in (a) of 06 this section unless the water has been designated an outstanding state resource water 07 under AS 46.03.135. 08 (c) A nomination under AS 46.03.135 - 46.03.195 does not create rights or 09 considerations under state law. 10 Sec. 46.03.195. Definitions. In AS 46.03.135 - 46.03.195, 11 (1) "resident of the state" means an individual who establishes 12 residency under AS 01.10.055; 13 (2) "waters of the United States" has the meaning given in 40 C.F.R. 14 122.2, as that section read on the effective date of this Act. 15 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 APPLICABILITY. The submission required under AS 46.03.175(a), enacted by sec. 1 18 of this Act, applies to the first regular session of the legislature beginning after January 1, 19 2018. 20 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 TRANSITION: REGULATIONS. Within one year after the effective date of this Act, 23 the Department of Environmental Conservation shall adopt regulations necessary to 24 implement this Act. The regulations take effect under AS 44.62 (Administrative Procedure 25 Act), but not before the effective date the law implemented by the regulation. 26 * Sec. 4. Section 3 of this Act takes effect immediately under AS 01.10.070(c).