Legislature(2007 - 2008)BUTROVICH 205

01/29/2007 03:30 PM Senate RESOURCES


Download Mp3. <- Right click and save file as

Audio Topic
03:30:38 PM Start
03:33:06 PM SB46
04:19:11 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 46 COASTAL MANAGEMENT PROGRAM TELECONFERENCED
Moved CSSB 46(RES) Out of Committee
-- Public Testimony --
               SB  46-COASTAL MANAGEMENT PROGRAM                                                                            
                                                                                                                                
CHAIR  HUGGINS announced  SB 46  to be  up for  consideration and                                                               
that CSSB 46(RES), Version C, was before them as a work draft.                                                                  
                                                                                                                                
3:33:06 PM                                                                                                                    
DAVE GRAY,  staff to Senator  Olson, sponsor of SB  46, explained                                                               
that  the  Alaska  Coastal Zone  Management  Program  (ACMP)  has                                                               
undergone major modifications in the  last several years. He said                                                               
that all  ACMP districts had completely  revised their management                                                               
plans and  are required to have  them approved by both  the state                                                               
and federal authorities by March  1, 2007 or their existing plans                                                               
terminate. Of the 30 coastal  management districts, 18 have their                                                               
new  plans approved,  but 9  are still  under review  and 3  need                                                               
remediation. That is the reason for this bill.                                                                                  
                                                                                                                                
3:33:51 PM                                                                                                                    
CHAIR HUGGINS noted  the committee had a list  of those districts                                                               
before it.                                                                                                                      
                                                                                                                                
MR. GRAY  said many of  the outstanding districts are  not likely                                                               
to reach the  deadline; the reason given most is  that their huge                                                               
size makes  the analysis  of resources  difficult to  complete in                                                               
the allotted time.                                                                                                              
                                                                                                                                
3:34:50 PM                                                                                                                    
He  stated  that SB  46  offers  a  public finding  provision  in                                                               
section 1  for a certain  kind of  situation on a  federal action                                                               
that the state  doesn't have involvement in. The  CS deletes this                                                               
section and addresses  only changing the deadlines  from March 1,                                                               
2007 to  December 1,  2007. Another kind  of deadline  relates to                                                               
the ABC  list. He also mentioned  that once a district's  plan is                                                               
approved,  it doesn't  have to  go through  a full-blown  coastal                                                               
review in future reviews.                                                                                                       
                                                                                                                                
3:36:36 PM                                                                                                                    
MR.  GRAY guessed  that 70  percent of  the state's  coastline is                                                               
still under question.                                                                                                           
                                                                                                                                
3:37:42 PM                                                                                                                    
SENATOR  MCGUIRE moved  to  adopt CSSB  46(RES),  version C,  for                                                               
discussion. There were no objections.                                                                                           
                                                                                                                                
3:38:12 PM                                                                                                                    
RANDY  BATES, Acting  Director,  Office of  Project Management  &                                                               
Permitting (OPMP),  Department of  Natural Resources  (DNR), said                                                               
OPMP is the lead agency for  implementing the ACMP. He walked the                                                               
committee through a brief history of how they got to this point.                                                                
                                                                                                                                
3:39:01 PM                                                                                                                    
He related that HB  191 was passed in 2003 and  SB 102 was passed                                                               
in 2005, and both called  for several coastal management reforms,                                                               
including  revisions to  all the  coastal  district plans.  Among                                                               
other things, they  established a deadline for  the submission of                                                               
those revised  plans - originally  established as July 1,  2005 -                                                               
and  a  sunset   for  all  existing  coastal   district  plans  -                                                               
originally established as July 1, 2006. He explained:                                                                           
                                                                                                                                
     The theory behind those two  dates was the districts do                                                                    
     their  work,  get  their plans  revised  and  into  the                                                                    
     state; the state  then has a process we  need to follow                                                                    
     for review and approval  which includes local adoption,                                                                    
     state adoption, and federal  adoption. And that process                                                                    
     as we defined it was about a year long....                                                                                 
                                                                                                                                
He stated that  those were aggressive timeframes and  in 2005, SB
102 was  passed; among other  things, it extended  both deadlines                                                               
by eight  months - to  March 1, 2006 and  the sunset to  March 1,                                                               
2007.  And  now the March 1, 2006 deadline  for the submission of                                                               
the revised district plans has come and gone.                                                                                   
                                                                                                                                
3:41:20 PM                                                                                                                    
MR. BATES said of the  35 coastal districts that were established                                                               
in this state, 28 of  them submitted revisions compliant with the                                                               
deadline. Of those,  two will be implemented - the  City of Craig                                                               
and the Aleutians  West Coastal Resource Service Area  - prior to                                                               
the March 1, 2007 deadline.  Twelve plans are near completion and                                                               
are  ready  to be  implemented  as  soon  as the  local  adoption                                                               
procedure is  completed. As  soon as  that is  done, they  can be                                                               
filed  with the  Lieutenant  Governor and  be  effective 30  days                                                               
thereafter.                                                                                                                     
                                                                                                                                
He said  three districts  have already  gotten through  the state                                                               
review  and approval  process, but  before going  to the  federal                                                               
government,   they  have   asked   for  mediation   of  the   DNR                                                               
commissioner's decisions; two plans  are pending with the federal                                                               
granting  office.  This  leaves   nine  coastal  districts  still                                                               
working on their plans. Two of  those appear to not be making any                                                               
progress and  he has not  had successful communication  with them                                                               
to ascertain what their intentions are.                                                                                         
                                                                                                                                
MR. BATES said the other  seven districts are actively working on                                                               
plan  revisions and  with his  office to  establish a  review and                                                               
approval schedule.                                                                                                              
                                                                                                                                
3:43:20 PM                                                                                                                    
MR. BATES  said that SB  46 extends the existing  district plans'                                                               
sunset  date by  six months.  This would  allow the  remaining 26                                                               
districts additional time to complete  their plan revisions. This                                                               
seems to  be a  reasonable time based  on his  conversations with                                                               
the various  coastal districts. SB  46 also extends  the revision                                                               
of the  ABC list,  one of the  mandates in SB  102. He  wanted to                                                               
time the  revision of the ABC  list to be after  coastal district                                                               
plan revisions are  finished to make sure they  take into account                                                               
the new  policies that  will complete the  reform of  the coastal                                                               
program overall.                                                                                                                
                                                                                                                                
3:44:28 PM                                                                                                                    
CHAIR HUGGINS asked him for a "30 second burst" on the ABC list.                                                                
                                                                                                                                
MR.   BATES  replied   that  the   actual  title   is  "Expedited                                                               
Consistency Reviews  and Permits  Subject to  the ACMP."  The ABC                                                               
list is  an opportunity to, in  one fell swoop, review  a general                                                               
category  of  activities and  make  sure  that that  category  is                                                               
consistent with  the laws  of the  ACMP. Any  activity thereafter                                                               
that qualifies for  that ABC list item no longer  goes through an                                                               
individual review.                                                                                                              
                                                                                                                                
He used ice roads  on the North Slope as an  example. They can be                                                               
constructed  if  certain standard  measures  are  applied -  they                                                               
can't be built  at a certain time;  they have to be  built with a                                                               
certain type of water and  other conditions. A company that wants                                                               
to build  an ice road can  apply for building it;  his department                                                               
would apply  a general consistency  determination on the  B list,                                                               
thereby excluding  the project from a  50-day consistency review.                                                               
This  timeframe is  generally what  the consistency  reviews are.                                                               
This streamlines the review process by  a company having to do it                                                               
only one  time and making  sure that  any time it's  applied, the                                                               
conditions are met.                                                                                                             
                                                                                                                                
3:46:10 PM                                                                                                                    
SENATOR  MCGUIRE remembered  that the  original HB  191 was  very                                                               
controversial. She asked  how he knew six months was  going to be                                                               
enough time  and if the  state would take  on any liability  as a                                                               
result  of extending  the deadline.  She asked,  for example,  if                                                               
other competing activities  and uses would be put  on hold during                                                               
the six-month period because there is no compliance requirement.                                                                
                                                                                                                                
3:47:29 PM                                                                                                                    
MR.  BATES replied  that  he  couldn't say  that  six months  was                                                               
enough. Of  the 28 districts he  discussed, 2 would be  done. The                                                               
additional 16 would be done within the  next two months. So a 2 -                                                               
3  month  extension   would  satisfy  a  good   majority  of  the                                                               
districts. The  remaining 9 coastal  districts he  believed would                                                               
be finished  with their review  process within the six  months. A                                                               
couple districts could  use additional time, but  those might not                                                               
have  staff  or  the  intention   to  finish.  Both  he  and  the                                                               
Administration  support this  bill  and  the deadline  extensions                                                               
contained within the CS.                                                                                                        
                                                                                                                                
3:49:18 PM                                                                                                                    
He  said  it's  important  to recognize  that  the  policies  the                                                               
districts are  working on  are just  one aspect  of the  law. The                                                               
coastal  program  has  two  other  aspects -  the  first  is  the                                                               
district   policies;  the   second  is   the  coastal   standards                                                               
[applicable  throughout the  state's coastal  zone including  the                                                               
municipalities and the district  boundaries]; and the third piece                                                               
is all  the existing  state authorities  including the  office of                                                               
Habitat Management  and Permitting's authority, Mining,  Land and                                                               
Water's  authority, DEC's  authority, and  ADF&G's authority  for                                                               
special areas.                                                                                                                  
                                                                                                                                
He  explained  that  any  project  that  occurs  anywhere  in  or                                                               
affecting one  of the coastal districts  is automatically subject                                                               
to state laws and standards.  Having a district plan is voluntary                                                               
as  is developing  enforceable policies  that  are applicable  to                                                               
activities that would  occur in a district's  area. "Just because                                                               
a  district doesn't  have  a  plan does  not  mean that  projects                                                               
escape the scrutiny of other laws."                                                                                             
                                                                                                                                
3:50:51 PM                                                                                                                    
CHAIR HUGGINS  asked if  he meant that  coastal zone  planning is                                                               
voluntary.                                                                                                                      
                                                                                                                                
MR.  BATES  replied yes.  The  Coastal  Zone Management  Act  was                                                               
created by  Congress to  allow all  35 coastal  states, including                                                               
territories, to  voluntarily participate  in the  program. Alaska                                                               
availed  itself in  1979 and  its  program was  approved at  that                                                               
point. He said:                                                                                                                 
                                                                                                                                
     We continue  to voluntarily participate as  a state. In                                                                    
     addition, all of the  municipalities around the coastal                                                                    
     region  of the  state  can  voluntarily participate  in                                                                    
     coastal management.  There is no mandate  that they do.                                                                    
     If they do  choose to participate, we have  set out the                                                                    
     rules by which they have  to play. In other words, have                                                                    
     policies  and  get  policies  approved  as  a  planning                                                                    
     function  or how  they participate  in the  consistency                                                                    
     review of  an actual project  that may be  occurring in                                                                    
     their region.                                                                                                              
                                                                                                                                
3:52:01 PM                                                                                                                    
CHAIR HUGGINS asked what DNR's  recourse was to the two districts                                                               
that aren't responding.                                                                                                         
                                                                                                                                
3:52:28 PM                                                                                                                    
LINDSAY  WOLTER, Assistant  Attorney General,  Department of  Law                                                               
(DOL), responded that this bill doesn't  open the state up to any                                                               
additional  liability and  that  the real  effect  of the  sunset                                                               
dates  on coastal  district plans  is that  when a  project comes                                                               
forward,  the coastal  districts will  not be  able to  interpret                                                               
their own plans and use them  in evaluating their projects - even                                                               
though they can go forward on their projects.                                                                                   
                                                                                                                                
3:53:46 PM                                                                                                                    
MR. BATES  answered that the  state doesn't have recourse  if the                                                               
two districts choose  to voluntarily drop out of  the program. He                                                               
said  the five  coastal districts  chose not  to submit  district                                                               
plan  revisions  in   accordance  with  the  new   rules  by  the                                                               
established deadline of March 1,  2006 and they were removed from                                                               
the ACMP.  They could come  back at any  point and develop  a new                                                               
coastal  plan.  In  addition,  any  of  the  districts  that  are                                                               
undergoing this  current round of  review could also  continue to                                                               
revise their plan.                                                                                                              
                                                                                                                                
3:55:12 PM                                                                                                                    
CHAIR  HUGGINS  reminded him  that  the  committee is  trying  to                                                               
expedite  this bill  and  asked  him to  sensitize  the chain  of                                                               
command above him. Mr. Bates said he had already done that.                                                                     
                                                                                                                                
3:55:50 PM                                                                                                                    
CHAIR HUGGINS  asked if  he had  heard of  any resistance  to the                                                               
process.                                                                                                                        
                                                                                                                                
MR. BATES  replied that he  has had two  conversations reflecting                                                               
some  discomfort with  the extensions.  The first  was that  some                                                               
coastal districts  have expressed frustration with  the continued                                                               
extension because they  have done everything on the  front end to                                                               
meet their  mandate and deadline.  The other conversation  he had                                                               
was about  the how  extending the deadline  would affect  the ABC                                                               
list, a very important tool  for staff and industry in expediting                                                               
consistency reviews of certain activities.  He reminded them that                                                               
there is nothing that prevents his office from finishing early.                                                                 
                                                                                                                                
3:57:23 PM                                                                                                                    
CHAIR HUGGINS noted two letters  of support in their packets, one                                                               
from  Milli Martin  from Homer  and  one from  Jim Goossens  from                                                               
Cordova.                                                                                                                        
                                                                                                                                
3:57:45 PM                                                                                                                    
DUANE  DVORAK,  Acting  Community  Development  Director,  Kodiak                                                               
Island Borough, supported CSSB 46(RES).  He said Kodiak is one of                                                               
the  nine districts  that  hasn't submitted  its  final plan  for                                                               
approval, but it has been  working diligently. He said Kodiak has                                                               
a large  coastal area  and a lot  of environmental  diversity and                                                               
communities, which makes building  consensus on regional planning                                                               
challenging and  time consuming. He  thought six months  would be                                                               
enough time  for the district to  complete its plan and  share it                                                               
with the public and give them an opportunity to comment on it.                                                                  
                                                                                                                                
4:02:27 PM                                                                                                                    
CAROL SMITH,  Planner and Coastal Coordinator,  Valdez, supported                                                               
SB  46.  Her  district  made  all  its  deadlines;  however,  her                                                               
supervisor had  an auto accident  and was  out of work  for three                                                               
months  while the  program  was  being reviewed  and  it was  not                                                               
totally completed. Once  it is completed, it still  must still go                                                               
through the public  process in Valdez and she  was concerned that                                                               
they would not meet the March 1 deadline.                                                                                       
                                                                                                                                
4:04:25 PM                                                                                                                    
MARLENE   CAMPBELL,   Government   Relations   Director,   Sitka,                                                               
supported  CSSB  46(RES).  Said  Sitka  has  tried  to  meet  the                                                               
deadlines, but it wasn't able to.  She said they were caught in a                                                               
situation  that was  way  beyond their  control  - they  received                                                               
commissioner approval  on November  24, but  were told  they were                                                               
losing  more policies  and were  required to  make more  changes,                                                               
which  required substantial  changes  to  their documents.  Those                                                               
were submitted  on January 5. She  learned that the plan  was not                                                               
actually sent  to NOAA for  its approval until January  22, 2007.                                                               
She said:                                                                                                                       
                                                                                                                                
     Even  though  we know  we  are  getting local  approval                                                                    
     contingent  on the  federal approval,  there is  no way                                                                    
     the adoption at the state  level is going to take place                                                                    
     before March  1. So, for  us here  in Sitka, to  have a                                                                    
     plan  sunsetting  before  a new  one  is  in  operation                                                                    
     strikes fear  in my  heart and  I know  a lot  of other                                                                    
     people are very concerned....                                                                                              
                                                                                                                                
She also  supported allowing other  districts the  opportunity to                                                               
complete their process.                                                                                                         
                                                                                                                                
4:08:52 PM                                                                                                                    
GARY  WILLIAMS,  Program  Coordinator,  Kenai  Peninsula  Borough                                                               
Coastal District,  said the  borough's plan  is nearly  ready for                                                               
resubmission and that "It's been  a difficult process to complete                                                               
this  and  the reasons  are  many."  The  scope of  the  original                                                               
legislation, Byzantine  administrative rules, and  some divergent                                                               
interpretation of the  rules by OPMP have conspired  to delay the                                                               
process, he said.                                                                                                               
                                                                                                                                
4:12:21 PM                                                                                                                    
JOHNNY AIKEN, Director, North  Slope Borough Planning Department,                                                               
supported  CSSB  46(RES) saying  they  worked  in good  faith  to                                                               
complete the extensive  mapping and language and tried  to get it                                                               
right;  however,   they  needed  more  time   to  complete  their                                                               
revision.  He  stated  the  program  is  very  important  to  his                                                               
district, but  it is  so large  that they have  not been  able to                                                               
agree on a lot of things.                                                                                                       
                                                                                                                                
4:15:01 PM                                                                                                                    
TERI CAMERY,  Planner and Coastal District  Coordinator, City and                                                               
Borough  of Juneau,  said Juneau  is one  of the  three districts                                                               
that  has filed  for mediation  under its  plan. She  thought the                                                               
plan  could   be  quickly  completed  after   the  mediation  was                                                               
completed. However, it  must still go through  the local approval                                                               
process and won't be finished  before the deadline. She supported                                                               
CSSB 46(RES).                                                                                                                   
                                                                                                                                
4:16:40 PM at ease 4:18:13 PM                                                                                               
                                                                                                                                
SENATOR STEDMAN  moved to  pass CSSB 46(RES),  version C,  out of                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
notes. There were no objections and it was so ordered.                                                                          
                                                                                                                                

Document Name Date/Time Subjects