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CSHB 191(RES): "An Act relating to the Alaska coastal management program and to policies and procedures for consistency reviews and the rendering of consistency determinations under that program; eliminating the Alaska Coastal Policy Council; annulling certain regulations relating to the Alaska coastal management program; and providing for an effective date."

00                       CS FOR HOUSE BILL NO. 191(RES)                                                                    
01 "An Act relating to the Alaska coastal management program and to policies and                                           
02 procedures for consistency reviews and the rendering of consistency determinations                                      
03 under that program; eliminating the Alaska Coastal Policy Council; annulling certain                                    
04 regulations relating to the Alaska coastal management program; and providing for an                                     
05 effective date."                                                                                                        
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
08 to read:                                                                                                                
09       FINDINGS.  The legislature finds that                                                                             
10            (1)  the Alaska coastal management program (ACMP) is intended to function                                    
11 with a minimum of delay and avoid regulatory confusion, costly litigation, and uncertainty                              
12 regarding the feasibility of new investment;                                                                            
13            (2)  there is a need to update and reform the existing statewide standards of the                            
01 ACMP so that they are clear and concise and provide needed predictability as to the                                     
02 applicability, scope, and timing of the consistency review process under the program;                                   
03            (3)  there is a need to update and reform the district coastal management plans                              
04 under the ACMP so that the local enforceable policies within those plans are clear and                                  
05 concise, provide greater uniformity in coastal management throughout the state, relate to                               
06 matters of local concern, and do not duplicate state and federal requirements;                                          
07            (4)  the state has chosen not to enact legislation similar to 42 U.S.C. 4321 -                               
08 4370f (National Environmental Policy Act of 1969, as amended) and, in furtherance of the                                
09 legislative findings expressed in sec. 1(7), ch. 38, SLA 1994, the ACMP is not intended to                              
10 take the place of such a program;                                                                                       
11            (5)  to achieve these goals, statutory reform is needed; and                                                 
12            (6)  to implement these needed reforms at the administrative level, it is in the                             
13 best interest of the state for the development and implementation of the ACMP to be                                     
14 transferred from the Alaska Coastal Policy Council to the Department of Natural Resources.                              
15    * Sec. 2.  AS 38.05.825(a) is amended to read:                                                                     
16            (a)  Unless the commissioner finds that the public interest in retaining state                               
17       ownership of the land clearly outweighs the municipality's interest in obtaining the                              
18       land, the commissioner shall convey to a municipality tide or submerged land                                      
19       requested by the municipality that is occupied or suitable for occupation and                                     
20       development if the                                                                                                
21                 (1)  land is within or contiguous to the boundaries of the municipality;                                
22                 (2)  use of the land would not unreasonably interfere with navigation or                                
23       public access;                                                                                                    
24                 (3)  municipality has applied to the commissioner for conveyance of the                                 
25       land under this section;                                                                                          
26                 (4)  land is not subject to a shore fisheries lease under AS 38.05.082,                                 
27       or, if the land is subject to a shore fisheries lease, the commissioner determines it is in                       
28       the best interests of the state to convey the land;                                                               
29                 (5)  land is classified for waterfront development or for another use that                              
30       is consistent or compatible with the use proposed by the municipality, or the proposed                            
31       use of the land is consistent or compatible with a land use plan adopted by the                                   
01       municipality or [,] the department [, OR THE ALASKA COASTAL POLICY                                            
02       COUNCIL]; and                                                                                                     
03                 (6)  land                                                                                               
04                      (A)  is required for the accomplishment of a public or private                                     
05            development approved by the municipality;                                                                    
06                      (B)  is the subject of a lease from the state to the municipality;                                 
07            or                                                                                                           
08                      (C)  has been approved for lease to the municipality.                                              
09    * Sec. 3.  AS 44.33.781 is amended to read:                                                                        
10            Sec. 44.33.781.  Planning assistance for development and maintenance of                                    
11       district coastal management plans [PROGRAMS].  The department shall conduct a                                 
12       program of research, training, and technical assistance to coastal resource districts                             
13       necessary for the development, [AND] implementation, and maintenance of district                          
14       coastal management plans [PROGRAMS] under AS 46.40. The technical assistance                                  
15       shall include the direct granting to the coastal resource districts of a portion of any                           
16       funds received by the state from the federal coastal zone management program, in                                  
17       amounts to be individually determined for each coastal resource district by the                                   
18       commissioner of community and economic development.  State agencies shall assist                                  
19       the department in carrying out the purposes of this section.                                                      
20    * Sec. 4.  AS 44.62.800(1) is amended to read:                                                                     
21                 (1)  "agency" means a department, an institution, or a division or other                                
22       administrative unit of the executive branch of state government authorized or required                            
23       by law to make regulations, except that "agency" does not include                                                 
24                      (A)  a board, [;] a commission; [;] a council, [EXCEPT THE                                 
25            ALASKA COASTAL POLICY COUNCIL ESTABLISHED IN                                                                 
26            AS 46.39.020;] an authority, [;] or a public corporation of the executive branch                         
27            of state government authorized or required by law to make regulations; or                                    
28                      (B)  the Department of Corrections;                                                                
29    * Sec. 5.  AS 46.39.010 is amended by adding a new subsection to read:                                             
30            (c)  The department may adopt regulations necessary to implement this                                        
31       chapter.                                                                                                          
01    * Sec. 6.  AS 46.39.030 is amended to read:                                                                        
02            Sec. 46.39.030.  Powers of the department [COUNCIL].  The department                                 
03       [COUNCIL] may                                                                                                     
04                 (1)  apply for and accept grants, contributions, and appropriations,                                    
05       including application for and acceptance of federal funds that may become available                               
06       for coastal planning and management;                                                                              
07                 (2)  contract for necessary services;                                                                   
08                 (3)  consult and cooperate with                                                                         
09                      (A)  persons, organizations, and groups, public or private,                                        
10            interested in, affected by, or concerned with coastal area planning and                                      
11            management;                                                                                                  
12                      (B)  agents and officials of the coastal resource districts of the                                 
13            state, and federal and state agencies concerned with or having jurisdiction over                             
14            coastal planning and management;                                                                             
15                 (4)  take any reasonable action necessary to carry out the provisions of                                
16       this chapter or AS 46.40 [AS 46.39.020 - 46.39.050].                                                          
17    * Sec. 7.  AS 46.39.040 is amended to read:                                                                        
18            Sec. 46.39.040.  Duties of the department [COUNCIL].  In conformity with                                 
19       16 U.S.C. 1451-1464 (Coastal Zone Management Act of 1972), as amended, the                                        
20       department [COUNCIL] shall                                                                                    
21                 (1)  [THROUGH THE PUBLIC HEARING PROCESS AND THE                                                        
22       RECORDING OF THE MINUTES OF THE HEARINGS,] develop statewide                                                  
23       [GUIDELINES AND] standards for the Alaska coastal management program, and                                     
24       criteria for the preparation [OF,] and approval of district coastal management                            
25       plans [APPROVE,] in accordance with AS 46.40 [, THE ALASKA COASTAL                                            
26       MANAGEMENT PROGRAM];                                                                                              
27                 (2)  establish continuing coordination among state agencies to facilitate                               
28       the development and implementation of the Alaska coastal management program; in                                   
29       carrying out its duties under this paragraph, the department [COUNCIL] shall initiate                         
30       an interagency program of comprehensive coastal resource planning for each                                        
31       geographic region of the state [DESCRIBED IN AS 46.39.020(a)(1)];                                             
01                 (3)  assure continued provision of data and information to coastal                                      
02       resource districts to carry out their planning and management functions under the                                 
03       program.                                                                                                          
04    * Sec. 8.  AS 46.40.010 is amended to read:                                                                        
05            Sec. 46.40.010.  Development of Alaska coastal management program.  (a)                                    
06       The department [ALASKA COASTAL POLICY COUNCIL ESTABLISHED IN                                                  
07       AS 46.39.020] shall approve, in accordance with this chapter, the Alaska coastal                                  
08       management program.                                                                                               
09            (b)  The department [COUNCIL] may approve the Alaska coastal                                             
10       management program for a portion or portions of the coastal area before approving the                             
11       complete program under (a) of this section.  Portions of the program approved under                               
12       this subsection shall be incorporated into the Alaska coastal management program.                                 
13            (c)  The Alaska coastal management program shall be reviewed by the                                          
14       department [COUNCIL] and, when appropriate, revised to                                                        
15                 (1)  add newly approved district coastal management plans                                           
16       [PROGRAMS], or revisions and amendments to the Alaska coastal management                                          
17       program;                                                                                                          
18                 (2)  integrate newly approved district coastal management plans                                     
19       [PROGRAMS], or revisions and amendments of district coastal management plans                                  
20       [PROGRAMS], with existing approved plans [PROGRAMS] and with plans                                            
21       developed by state agencies;                                                                                      
22                 (3)  add new or revised state statutes, policies, regulations, or other                                 
23       appropriate material;                                                                                             
24                 (4)  review the effectiveness of implementation of district coastal                                     
25       management plans [PROGRAMS]; and                                                                              
26                 (5)  consider new information acquired by the state and coastal resource                                
27       districts.                                                                                                        
28            (d)  All reviews and revisions shall be in accordance with the statewide                                 
29       [GUIDELINES AND] standards and district plan criteria adopted [BY THE                                         
30       COUNCIL] under AS 46.40.040.                                                                                      
31    * Sec. 9.  AS 46.40.030 is amended to read:                                                                        
01            Sec. 46.40.030.  Development of district coastal management plans                                        
02       [PROGRAMS].  (a) Coastal resource districts shall develop and adopt district coastal                            
03       management plans [PROGRAMS] in accordance with the provisions of this chapter.                                
04       The plan [PROGRAM] adopted by a coastal resource district shall be based upon a                               
05       municipality's existing comprehensive plan or a new comprehensive resource use plan                               
06       or comprehensive statement of needs, policies, objectives, and standards governing the                            
07       use of resources within the coastal area of the district.  The plan [PROGRAM] must                            
08       meet [BE CONSISTENT WITH] the statewide [GUIDELINES AND] standards and                                
09       district plan criteria adopted [BY THE COUNCIL] under AS 46.40.040 and must                                   
10       include                                                                                                           
11                 (1)  a delineation within the district of the boundaries of the coastal area                            
12       subject to the district coastal management plan [PROGRAM];                                                    
13                 (2)  a statement, list, or definition of the land and water uses and                                    
14       activities subject to the district coastal management plan [PROGRAM];                                         
15                 (3)  a statement of policies to be applied to the land and water uses                                   
16       subject to the district coastal management plan [PROGRAM];                                                    
17                 (4)  [ REGULATIONS, AS APPROPRIATE, TO BE APPLIED TO                                                    
18       THE LAND AND WATER USES SUBJECT TO THE DISTRICT COASTAL                                                           
19       MANAGEMENT PROGRAM;                                                                                               
20                 (5)]  a description of the uses and activities which will be considered                                 
21       proper and the uses and activities which will be considered improper with respect to                              
22       the land and water within the coastal area;                                                                       
23                 [(6) A SUMMARY OR STATEMENT OF THE POLICIES WHICH                                                       
24       WILL BE APPLIED AND THE PROCEDURES WHICH WILL BE USED TO                                                          
25       DETERMINE WHETHER SPECIFIC PROPOSALS FOR LAND OR WATER USES                                                       
26       OR ACTIVITIES SHALL BE ALLOWED;] and                                                                              
27                 (5) [(7)]  a designation of, and the policies which will be applied to the                          
28       use of, areas within the coastal resource district which merit special attention.                                 
29            (b)  In developing enforceable policies in its coastal management plan                                   
30       [STATEMENTS OF POLICIES AND REGULATIONS] under (a) of this section, a                                             
31       coastal resource district shall meet the requirements of AS 46.40.070, and may not                            
01       duplicate, restate, or incorporate by reference statutes and administrative regulations                       
02       adopted by state or federal agencies.                                                                         
03    * Sec. 10.  AS 46.40.040 is amended to read:                                                                       
04            Sec. 46.40.040.  Statewide standards and district plan criteria [DUTIES                                  
05       OF THE ALASKA COASTAL POLICY COUNCIL].  Except as provided in (b)                                             
06       of this section and AS 41.17, the department [THROUGH THE PUBLIC                                              
07       HEARING PROCESS AND THE RECORDING OF THE MINUTES OF THE                                                           
08       HEARINGS, THE ALASKA COASTAL POLICY COUNCIL] shall                                                                
09                 (1)  by regulation, adopt under the provisions of AS 44.62                                              
10       (Administrative Procedure Act) for the use of and application by coastal resource                                 
11       districts and state agencies for carrying out their responsibilities under this chapter,                          
12       statewide [GUIDELINES AND] standards and district coastal management plan                                 
13       criteria for                                                                                                  
14                      (A)  identifying the boundaries of the coastal area subject to the                                 
15            Alaska [DISTRICT] coastal management program;                                                            
16                      (B)  determining the land and water uses and activities subject                                    
17            to the Alaska [DISTRICT] coastal management program;                                                     
18                      (C)  developing policies applicable to the land and water uses                                     
19            subject to the Alaska [DISTRICT] coastal management program;                                             
20                      (D)  developing regulations applicable to the land and water                                       
21            uses subject to the Alaska [DISTRICT] coastal management program;                                        
22                      (E)  developing policies and procedures to determine whether                                       
23            specific proposals for the land and water uses or activities subject to the                                  
24            Alaska [DISTRICT] coastal management program shall be allowed;                                           
25                      (F)  designating and developing policies for the use of areas of                                   
26            the coast which merit special attention; and                                                                 
27                      (G)  measuring the progress of a coastal resource district in                                      
28            meeting its responsibilities under this chapter;                                                             
29                 (2)  develop and maintain a program of technical and financial                                          
30       assistance to aid coastal resource districts in the development and implementation of                             
31       district coastal management plans [PROGRAMS];                                                                 
01                 (3)  undertake review and approval of district coastal management                                       
02       plans [PROGRAMS] in accordance with this chapter;                                                             
03                 (4)  initiate a process for identifying and managing uses of state                                      
04       concern within specific areas of the coast;                                                                       
05                 (5)  develop procedures or guidelines for consultation and coordination                                 
06       with federal agencies managing land or conducting activities potentially affecting the                            
07       coastal area of the state;                                                                                        
08                 (6)  by regulation, establish a consistency review and determination or                                 
09       certification process that conforms to the requirements of AS 46.40.096.                                          
10    * Sec. 11.  AS 46.40.040 is amended by adding new subsections to read:                                             
11            (b)  AS 46.03, AS 46.04, AS 46.09, AS 46.14, and the regulations adopted                                     
12       under those statutes constitute the exclusive enforceable policies of the Alaska coastal                          
13       management program for those purposes.  For those purposes only,                                                  
14                 (1)  the issuance of permits, certifications, approvals, and                                            
15       authorizations by the Department of Environmental Conservation establishes                                        
16       consistency with the Alaska coastal management program for those activities of a                                  
17       proposed project subject to those permits, certifications, approvals, and authorizations;                         
18                 (2)  for a consistency review of an activity that does not require a                                    
19       Department of Environmental Conservation permit, certification, approval, or                                      
20       authorization because the activity is a federal activity or the activity is located on                            
21       federal lands or the federal outer continental shelf, consistency with AS 46.03,                                  
22       AS 46.04, AS 46.09, and AS 46.14 and the regulations adopted under those statutes                                 
23       shall be established on the basis of whether the Department of Environmental                                      
24       Conservation finds that the activity satisfies the requirements of those statutes and                             
25       regulations.                                                                                                      
26            (c)  For a consistency review described in (b)(2) of this section, the                                       
27       department, in addition to its review under AS 46.40.096 of all other enforceable                                 
28       policies applicable to the project, shall coordinate with the Department of                                       
29       Environmental Conservation and issue the Department of Environmental                                              
30       Conservation's finding of whether the activity satisfies the requirements of the statutes                         
31       and regulations described in (b)(2) of this section.                                                              
01    * Sec. 12.  AS 46.40.050 is repealed and reenacted to read:                                                        
02            Sec. 46.40.050.  Submission of district plans by coastal resource districts.                               
03       (a)  A coastal resource district must review and resubmit its coastal management plan                             
04       for reapproval every 10 years after its approval by the department under                                          
05       AS 46.40.060.                                                                                                     
06            (b)  Within 30 months after certification of the organization of a new coastal                               
07       resource district, the coastal resource district shall complete and submit to the                                 
08       department a proposed district coastal management plan.  If, after receipt of a written                           
09       request for extension from the coastal resource district, the department considers an                             
10       extension proper, the department may grant an extension to a date that is within 54                               
11       months after certification of the results of the coastal resource district's organization.                        
12       A request under this subsection must include the reasons for the extension.                                       
13    * Sec. 13.  AS 46.40.060 is amended to read:                                                                       
14            Sec. 46.40.060.  Review and approval by the department [COUNCIL].  (a)                                   
15       If, upon submission of a district coastal management plan [PROGRAM] for approval,                             
16       the department [COUNCIL] finds that the plan meets [PROGRAM IS                                            
17       SUBSTANTIALLY CONSISTENT WITH] the provisions of this chapter and the                                             
18       statewide [GUIDELINES AND] standards and district plan criteria adopted by the                            
19       department [COUNCIL] and does not arbitrarily or unreasonably restrict or exclude                             
20       uses of state concern, the department [COUNCIL] may approve [GRANT                                        
21       SUMMARY APPROVAL OF] the district coastal management plan [PROGRAM], or                                       
22       may approve portions of the district plan that meet those requirements [PROGRAM                               
23       WHICH ARE CONSISTENT].                                                                                            
24            (b)  If the department [COUNCIL] finds that a district coastal management                                
25       plan [PROGRAM] is not approvable or is approvable only in part under (a) of this                              
26       section, it shall direct that deficiencies in the plan [PROGRAM] submitted by the                           
27       coastal resource district be mediated.  In mediating the deficiencies, the department                         
28       [COUNCIL] may call for one or more public hearings in the district.  The department                           
29       [COUNCIL] shall meet with officials of the coastal resource district in order to resolve                          
30       differences.                                                                                                      
31            (c)  If, after mediation, the differences have not been resolved [TO THE                                     
01       MUTUAL AGREEMENT OF THE COASTAL RESOURCE DISTRICT AND THE                                                         
02       COUNCIL, THE COUNCIL SHALL CALL FOR A PUBLIC HEARING AND                                                          
03       SHALL RESOLVE THE DIFFERENCES IN ACCORDANCE WITH AS 44.62                                                         
04       (ADMINISTRATIVE PROCEDURE ACT).  AFTER A PUBLIC HEARING HELD                                                      
05       UNDER THIS SUBSECTION], the department [COUNCIL] shall enter findings                                         
06       and, by order, may require                                                                                        
07                 (1)  that the district coastal management plan [PROGRAM] be                                         
08       amended to satisfy [MAKE IT CONSISTENT WITH] the provisions of this chapter                                   
09       or meet the statewide [GUIDELINES AND] standards and district plan criteria                           
10       adopted by the department [COUNCIL];                                                                          
11                 (2)  that the district coastal management plan [PROGRAM] be revised                                 
12       to accommodate a use of state concern; or                                                                         
13                 (3)  any other action be taken by the coastal resource district as                                      
14       appropriate.                                                                                                      
15            (d)  The superior courts of the state have jurisdiction to enforce orders of the                             
16       department [COUNCIL] entered under (c) of this section.                                                       
17    * Sec. 14.  AS 46.40.070 is repealed and reenacted to read:                                                        
18            Sec. 46.40.070.  Requirements for department review and approval.  (a)                                     
19       The department shall approve a district coastal management plan submitted for review                              
20       and approval if                                                                                                   
21                 (1)  the district coastal management plan meets the requirements of this                                
22       chapter and the statewide standards and district plan criteria adopted by the                                     
23       department; and                                                                                                   
24                 (2)  the enforceable policies of the district coastal management plan                                   
25                      (A)  are clear and concise as to the activities and persons                                        
26            affected by the policies, and the requirements of the policies;                                              
27                      (B)  use precise, prescriptive, and enforceable language; and                                      
28                      (C)  do not address a matter regulated or authorized by state or                                   
29            federal law unless the enforceable policies relate specifically to a matter of                               
30            local concern; for purposes of this subparagraph, "matter of local concern"                                  
31            means a specific coastal use or resource within a defined portion of the                                     
01            district's coastal zone, that is                                                                             
02                           (i)  demonstrated as sensitive to development;                                                
03                           (ii)  not adequately addressed by state or federal law;                                       
04                 and                                                                                                     
05                           (iii)  of unique concern to the coastal resource district as                                  
06                 demonstrated by local usage or scientific evidence.                                                     
07            (b)  A decision by the department under this section shall be given within 90                                
08       days after submission of the district coastal management plan to the department.                                  
09    * Sec. 15.  AS 46.40.090 is amended to read:                                                                       
10            Sec. 46.40.090.  Implementation of district coastal management plans                                     
11       [PROGRAMS].  (a) A district coastal management plan [PROGRAM] approved                                      
12       under this chapter [BY THE COUNCIL AND THE LEGISLATURE] for a coastal                                         
13       resource district that [WHICH] does not have and exercise zoning or other controls on                         
14       the use of resources within the coastal area shall be implemented by appropriate state                            
15       agencies as provided in AS 46.40.096. Implementation shall be in accordance with                              
16       the comprehensive use plan or the statement of needs, policies, objectives, and                                   
17       standards adopted by the district.                                                                                
18            (b)  A coastal resource district that [WHICH] has and exercises zoning or                                
19       other controls on the use of resources within the coastal area shall implement its                                
20       district coastal management plan [PROGRAM]. Implementation shall be in                                        
21       accordance with the comprehensive use plan or the statement of needs, policies,                                   
22       objectives, and standards adopted by the district.                                                                
23    * Sec. 16.  AS 46.40.094(a) is amended to read:                                                                    
24            (a)  The provisions of this section apply to a use or activity for which a                                   
25       consistency determination is required if                                                                          
26                 (1)  at the time the proposed use or activity is initiated, there is                                    
27       insufficient information to evaluate and render a consistency determination for the                               
28       entirety of the proposed use or activity;                                                                         
29                 (2)  the proposed use or activity is capable of proceeding in discrete                                  
30       phases based upon developing information that was not available to the project                                
31       applicant at the time of the previous [OBTAINED IN THE COURSE OF A] phase;                                    
01       and                                                                                                               
02                 (3)  each subsequent phase of the proposed use or activity is subject to                                
03       discretion to implement alternative decisions based upon the developing information.                              
04    * Sec. 17.  AS 46.40.096(a) is amended to read:                                                                    
05            (a)  The department [COUNCIL] shall, by regulation, establish a consistency                              
06       review and determination process that conforms to the requirements of this section.                               
07    * Sec. 18.  AS 46.40.096(b) is amended to read:                                                                    
08            (b)  If a consistency review is not subject to AS 44.19.145(a)(11) because the                               
09       project for which a consistency review is made requires a permit, lease, or                                       
10       authorization from only one state resource agency, that state resource agency shall                       
11       coordinate the consistency review of the project.  The state resource agency shall                            
12       coordinate the consistency review according to the requirements of the regulations                                
13       adopted by the department [COUNCIL] under this section.                                                       
14    * Sec. 19.  AS 46.40.096(c) is amended to read:                                                                    
15            (c)  The regulations adopted by the department [COUNCIL] under this                                      
16       section must include provisions for public notice and provide the opportunity for                                 
17       public comment.  The regulations adopted under this subsection may make                                           
18       distinctions relating to notice based upon differences in project type, anticipated effect                        
19       of the project on coastal resources and uses, other state or federal notice requirements,                         
20       and time constraints.  However, a notice given under this subsection must contain                                 
21       sufficient information, expressed in commonly understood terms, to inform the public                              
22       of the nature of the proposed project for which a consistency determination is sought,                            
23       and must explain how the public may comment on the proposed project.                                              
24    * Sec. 20.  AS 46.40.096(d) is amended to read:                                                                    
25            (d)  In preparing a consistency review and determination for a proposed                                      
26       project, the reviewing entity shall                                                                               
27                 (1)  request consistency review comments for the proposed project                                       
28       from state resource agencies, affected coastal resource districts, and other affected                         
29       [INTERESTED] parties as determined by regulation adopted by the department                                    
30       [COUNCIL];                                                                                                        
31                 (2)  prepare proposed consistency determinations;                                                       
01                 (3)  coordinate subsequent reviews of proposed consistency                                              
02       determinations prepared under (2) of this subsection; a subsequent review of a                                    
03       proposed consistency determination under this paragraph                                                           
04                      (A)  is limited to a review by the department [STATE                                           
05            RESOURCE AGENCIES]; [AND]                                                                                    
06                      (B)  may occur only if requested by                                                                
07                           (i)  the project applicant;                                                                   
08                           (ii)  a state resource agency; or                                                             
09                           (iii)  an affected coastal resource district; and                                         
10                      (C)  shall be completed by the department within 45 days                                       
11            after the initial request for subsequent review under this paragraph;                                    
12                 (4)  render the final consistency determination and certification.                                      
13    * Sec. 21.  AS 46.40.096(g) is amended to read:                                                                    
14            (g)  The reviewing entity shall [MAY] exclude from the consistency review                                
15       and determination process for a project                                                                           
16                 (1)  an activity that                                                                                   
17                      (A)  is authorized under a general or nationwide permit that has                               
18            previously been determined to be consistent with the Alaska [APPLICABLE]                                 
19            coastal management program [PROGRAMS]; or                                                            
20                      (B)  is subject to authorization by the Department of                                          
21            Environmental Conservation under the requirements described in                                           
22            AS 46.40.040(b);                                                                                         
23                 (2)  activities excluded from a consistency review under AS 41.17;                                  
24       and                                                                                                           
25                 (3)  the issuance of an authorization or permit issued by the Alaska Oil                            
26       and Gas Conservation Commission.                                                                                  
27    * Sec. 22.  AS 46.40.096 is amended by adding new subsections to read:                                             
28            (i)  For purposes of those activities of a proposed project that are subject to                              
29       (g)(1)(B) of this section, the consistency of those activities is determined by the                               
30       issuance of the applicable permits, certifications, approvals, and authorizations by the                          
31       Department of Environmental Conservation.                                                                         
01            (j)  Except as provided in (g) of this section, AS 41.17, AS 46.40.040(b), 16                                
02       U.S.C. 1456, and 15 C.F.R. Part 930, a consistency review of a project under this                                 
03       section is triggered by an activity within the areas described in (l) of this section that is                     
04       subject to a state resource agency permit, lease, authorization, approval, or                                     
05       certification.                                                                                                    
06            (k)  Except as provided in (g) of this section, AS 41.17, AS 46.40.040(b), and                               
07       AS 46.40.094, the scope of a consistency review of a project, once triggered under (j)                            
08       of this section, is limited to activities that are located within the areas described in (l)                      
09       of this section and that either are subject to a state resource agency permit, lease,                             
10       authorization, approval, or certification or are the subject of a coastal resource district                       
11       enforceable policy approved by the department under this chapter.  The scope of a                                 
12       consistency review subject to 16 U.S.C. 1456 is determined under 16 U.S.C. 1456 and                               
13       15 C.F.R. Part 930.                                                                                               
14            (l)  The regulations adopted under (a) of this section apply, as authorized by 16                            
15       U.S.C. 1456(c), to                                                                                                
16                 (1)  activities within the coastal zone; and                                                            
17                 (2)  activities on federal lands, including the federal outer continental                               
18       shelf, that would affect any land or water use or natural resource of the state's coastal                         
19       zone; for purposes of this paragraph those activities consist of any activity on the                              
20       federal outer continental shelf and any activity on federal lands that are within the                             
21       geographic boundaries of the state's coastal zone notwithstanding the exclusion of                                
22       federal lands in 16 U.S.C. 1453(l).                                                                               
23            (m)  As part of the regulations adopted under (a) of this section, the department                            
24       shall establish a list of permits, certifications, leases, approvals, and authorizations                          
25       issued by a state resource or federal agency that will trigger a consistency review                               
26       under (j) of this section.  In addition, the department shall establish in regulation                             
27       categories and descriptions of uses and activities that, for purposes of evaluating                               
28       consistency with the Alaska coastal management program, are determined to be                                      
29       categorically consistent or generally consistent after the inclusion of standard                                  
30       alternative measures.  These categories of uses and activities must be as broad as                                
31       possible so as to minimize the number of projects that must undergo an individualized                             
01       consistency review under this section.                                                                            
02            (n)  Except as provided in (o) of this section, a consistency review under this                              
03       section shall be completed within 90 days after the receipt of a complete application                             
04       by the state.  If a consistency review is not completed by the time specified in this                             
05       subsection, the activity subject to review is conclusively presumed consistent.                                   
06            (o)  The time limitations in (n) of this section do not apply to a consistency                               
07       review                                                                                                            
08                 (1)  involving the disposal of an interest in state land or resources;                                  
09                 (2)  if the applicant has requested additional time to complete the                                     
10       review; or                                                                                                        
11                 (3)  that undergoes a subsequent review under (d)(3) of this section;                                   
12       and                                                                                                               
13                 (4)  if the applicant fails to respond in writing to a written request for                              
14       additional information within 14 days of receipt of such request.                                                 
15            (p)  A consistency review and determination for those activities of a project not                            
16       excluded under (g) of this section may not be delayed or withheld pending issuance of                             
17       the permits, certifications, approvals, and authorizations referred to in (g) of this                             
18       section but shall proceed regardless of the status of those permits, certifications,                              
19       approvals, and authorizations.                                                                                    
20    * Sec. 23.  AS 46.40.100(a) is amended to read:                                                                    
21            (a)  As provided in AS 46.40.090 and 46.40.096, municipalities                                           
22       [MUNICIPALITIES] and state resource agencies shall administer land and water use                                  
23       regulations or controls in conformity with district coastal management plans                                  
24       [PROGRAMS] approved under this chapter [BY THE COUNCIL] and in effect.                                        
25    * Sec. 24.  AS 46.40.100(b) is amended to read:                                                                    
26            (b)  A party that is authorized under (g) of this section may file a petition                                
27       showing that a district coastal management plan [PROGRAM] is not being                                        
28       implemented.  A petition filed under this subsection may not seek review of a                                     
29       proposed or final consistency determination regarding a specific project.  On receipt of                          
30       a petition, the department [COUNCIL], after giving public notice in the manner                                
31       required by (f) of this section, shall convene a hearing to consider the matter.  A                               
01       hearing called under this subsection shall be held in accordance with regulations                                 
02       adopted under this chapter [BY THE COUNCIL]. After hearing, the department                                
03       [COUNCIL] may order that the coastal resource district or a state resource agency                                 
04       take any action with respect to future implementation of the district coastal                                     
05       management plan [PROGRAM] that the department [COUNCIL] considers                                         
06       necessary, except that the department [COUNCIL] may not order that the coastal                                
07       resource district or a state agency take any action with respect to a proposed or final                           
08       consistency determination that has been issued.                                                                   
09    * Sec. 25.  AS 46.40.100(c) is amended to read:                                                                    
10            (c)  In determining whether an approved district coastal management plan                                 
11       [PROGRAM] is being implemented by a coastal resource district that exercises zoning                               
12       authority or controls on the use of resources within the coastal area or by a state                               
13       resource agency, the department [COUNCIL] shall find in favor of the district or the                          
14       state resource agency, unless the department [COUNCIL] finds a pattern of                                     
15       nonimplementation.                                                                                                
16    * Sec. 26.  AS 46.40.100(e) is amended to read:                                                                    
17            (e)  The superior courts of the state have jurisdiction to enforce lawful orders                             
18       of the department [COUNCIL].                                                                                  
19    * Sec. 27.  AS 46.40.100(f) is amended to read:                                                                    
20            (f)  Upon receipt of a petition under (b) of this section, the department                                
21       [COUNCIL] shall give notice of the hearing at least 10 days before the scheduled date                             
22       of the hearing.  The notice must                                                                                  
23                 (1)  contain sufficient information in commonly understood terms to                                     
24       inform the public of the nature of the petition; and                                                              
25                 (2)  indicate the manner in which the public may comment on the                                         
26       petition.                                                                                                         
27    * Sec. 28.  AS 46.40.100(h) is amended to read:                                                                    
28            (h)  If the department [COUNCIL] finds a pattern of nonimplementation                                    
29       under (c) of this section, the department [COUNCIL] may order a coastal resource                              
30       district or a state resource agency to take action with respect to future implementation                          
31       of the district coastal management plan [PROGRAM] that the department                                     
01       [COUNCIL] considers necessary to implement the district coastal management plan                               
02       [PROGRAM]. The department's [COUNCIL'S] determination under (c) of this                                       
03       section and any order issued under this subsection shall be considered a final                                    
04       administrative order for purposes of judicial review under AS 44.62.560.                                          
05    * Sec. 29.  AS 46.40.110 is repealed and reenacted to read:                                                        
06            Sec. 46.40.110.  Authority in the unorganized borough.  A coastal resource                                 
07       service area in the unorganized borough organized under AS 29.03.020 and                                          
08       AS 46.40.110 - 46.40.180 before the effective date of this bill section shall exercise                            
09       those authorities and perform those duties required under this chapter.                                           
10    * Sec. 30.  AS 46.40.140(a) is amended to read:                                                                    
11            (a)  Each coastal resource service area [, UPON ORGANIZATION,] shall have                                    
12       an elected board representing the population of the service area.  The board shall have                           
13       the powers and duties and perform the functions prescribed for or required of coastal                             
14       resource districts.                                                                                               
15    * Sec. 31.  AS 46.40.140(d) is amended to read:                                                                    
16            (d)  The term of office of a member of a coastal resource service area board is                              
17       three years [, EXCEPT THAT THE TERMS OF THE MEMBERS OF THE FIRST                                                  
18       BOARD ELECTED AFTER ORGANIZATION OF A COASTAL RESOURCE                                                            
19       SERVICE AREA SHALL BE DETERMINED BY LOT, WITH TWO MEMBERS                                                         
20       SERVING ONE-YEAR TERMS, TWO MEMBERS SERVING TWO-YEAR                                                              
21       TERMS, AND THREE MEMBERS SERVING THREE-YEAR TERMS.] Members                                                       
22       serve until their successors are elected and have qualified.  This section does not                               
23       prohibit the reelection of a board member.                                                                        
24    * Sec. 32.  AS 46.40.140(e) is amended to read:                                                                    
25            (e)  The lieutenant governor shall provide for the election of the members of                                
26       coastal resource service area boards. [THE FIRST ELECTION OF BOARD                                                
27       MEMBERS SHALL OCCUR AT THE SAME TIME AS THE ORGANIZATION                                                          
28       ELECTION UNDER AS 46.40.130(b)].                                                                                  
29    * Sec. 33.  AS 46.40.140(f) is amended to read:                                                                    
30             (f) Election [EXCEPT FOR THE FIRST ELECTION] of members of coastal                                      
31       resource service area boards [, ELECTIONS] shall be held annually on the date of                                  
01       election of members of regional educational attendance area boards under                                          
02       AS 14.08.071(b). [FOR AN ELECTION UNDER THIS SUBSECTION OR UNDER                                                  
03       (e) OF THIS SECTION, A NEWLY ELECTED BOARD MEMBER TAKES                                                           
04       OFFICE AT THE FIRST COASTAL RESOURCE SERVICE AREA BOARD                                                           
05       MEETING AFTER CERTIFICATION OF THE ELECTION.] If no candidate files for                                           
06       election to a seat on the coastal resource service area board, the seat is considered                             
07       vacant at the time a newly elected member would have taken office.                                                
08    * Sec. 34.  AS 46.40.150 is amended to read:                                                                       
09            Sec. 46.40.150.  Elections in coastal resource service areas.  Elections                                 
10       [ORGANIZATION ELECTIONS] under AS 46.40.110 - 46.40.180 [AS 46.40.130                                       
11       AND OTHER ELECTIONS, INCLUDING RECALL ELECTIONS CONDUCTED                                                         
12       UNDER AS 46.40.140,] shall be administered by the lieutenant governor in the                                      
13       general manner provided in AS 15 (Election Code). In addition, the lieutenant                                     
14       governor may adopt regulations necessary to the conduct of coastal resource service                               
15       area board elections.  The state shall pay all election costs.                                                    
16    * Sec. 35.  AS 46.40.180(a) is amended to read:                                                                    
17            (a)  Before adoption by a coastal resource service area board, [OR BY THE                                    
18       DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT UNDER                                                            
19       AS 46.40.170,] a district coastal management plan [PROGRAM] shall be submitted                                
20       for review to each city or village within the coastal resource service area.  The council                         
21       of a city or traditional village council shall consider the plan [PROGRAM] submitted                          
22       for review.  Within 60 days of submission, the council of a city or traditional village                           
23       council shall either approve the plan [PROGRAM] or enter objections to all or any                             
24       portion of the plan [PROGRAM].                                                                                
25    * Sec. 36.  AS 46.40.180(b) is amended to read:                                                                    
26            (b)  If a city or village within a coastal resource service area fails to approve a                          
27       portion of the district coastal management plan [PROGRAM] prepared and submitted                              
28       for approval under (a) of this section, the governing body shall advise the coastal                               
29       resource service area board [OR THE DEPARTMENT, AS APPLICABLE,] of its                                            
30       objections to the proposed plan [PROGRAM] and suggest alternative elements or                                 
31       components for inclusion in the district coastal management plan [PROGRAM].  New                              
01       matter submitted by a city or village which meets [IS SUBSTANTIALLY                                           
02       CONSISTENT WITH] the statewide [GUIDELINES AND] standards and district                                    
03       plan criteria adopted under this chapter [BY THE COUNCIL] shall be accepted                               
04       and the district coastal management plan [PROGRAM] modified accordingly.  If a                                
05       city or village fails to provide objections and suggested alternatives within the time                            
06       limits established in this section, the coastal resource service area board [OR THE                               
07       DEPARTMENT, AS APPLICABLE,] may adopt the district coastal management                                             
08       plan [PROGRAM] as initially offered.                                                                          
09    * Sec. 37.  AS 46.40.180(c) is amended to read:                                                                  
10            (c)  Objection by a city council under (b) of this section is limited to objection                           
11       to elements of the plan [PROGRAM] affecting resources or the use of resources                                 
12       within the corporate limits of the city.  Objection by a traditional village council under                        
13       (b) of this section is limited to objection to elements of the plan [PROGRAM]                                 
14       affecting resources or the use of resources within the village or within two miles of the                         
15       village.                                                                                                          
16    * Sec. 38.  AS 46.40 is amended by adding a new section to read:                                                   
17            Sec. 46.40.195.  Construction with other laws.  Nothing in this chapter shall                              
18       be construed to                                                                                                   
19                 (1)  diminish state jurisdiction, responsibility, or rights in the field of                             
20       planning, development, or control of land or water resources, submerged lands, or                                 
21       navigable waters;                                                                                                 
22                 (2)  affect in any way any state requirement imposed under a federal                                    
23       authorization or federal waiver of sovereign immunity; or                                                         
24                 (3)  diminish the zoning or planning authority of municipalities under                                  
25       AS 29.                                                                                                            
26    * Sec. 39.  AS 46.40.210(2) is amended to read:                                                                    
27                 (2)  "coastal resource district" means each of the following that                                       
28       contains a portion of the coastal area of the state:                                                              
29                      (A)  unified municipalities;                                                                       
30                      (B)  organized boroughs of any class that exercise planning and                                    
31            zoning authority;                                                                                            
01                      (C)  home rule and first class cities of the unorganized borough                                   
02            or within boroughs that do not exercise planning and zoning authority;                                       
03                      (D)  second class cities of the unorganized borough, or within                                     
04            boroughs that do not exercise planning and zoning authority, that have                                       
05            established a planning commission, and that, in the opinion of the                                           
06            commissioner of community and economic development, have the capability                                      
07            of preparing and implementing a comprehensive district coastal management                                    
08            plan [PROGRAM] under AS 46.40.030;                                                                       
09                      (E)  coastal resource service areas established and organized                                      
10            under AS 29.03.020 and AS 46.40.110 - 46.40.180;                                                             
11    * Sec. 40.  AS 46.40.210(3) is amended to read:                                                                    
12                 (3)  "consistency review" means the evaluation of a proposed project,                               
13       the scope of which is determined under AS 46.40.094 and 46.40.096, against the                                
14       statewide standards adopted [BY THE COUNCIL] under AS 46.40.040 for those                                 
15       evaluations and the enforceable policies in an applicable [A] district coastal                            
16       management plan [PROGRAM] approved [BY THE COUNCIL] under                                                     
17       AS 46.40.060;                                                                                                     
18    * Sec. 41.  AS 46.40.210(5) is amended to read:                                                                    
19                 (5)  "department" means the Department of Natural Resources                                         
20       [COMMUNITY AND ECONOMIC DEVELOPMENT];                                                                             
21    * Sec. 42.  AS 46.40.210(8) is amended to read:                                                                    
22                 (8)  "uses of state concern" means those land and water uses that                                   
23       [WHICH] would significantly affect the long-term public interest; "uses of state                              
24       concern" [THESE USES, SUBJECT TO COUNCIL DEFINITION OF THEIR                                                  
25       EXTENT,] include                                                                                                  
26                      (A)  uses of national interest, including the use of resources for                                 
27            the siting of ports and major facilities that [WHICH] contribute to meeting                              
28            national energy needs, construction and maintenance of navigational facilities                               
29            and systems, resource development of federal land, and national defense and                                  
30            related security facilities that are dependent upon coastal locations;                                       
31                      (B)  uses of more than local concern, including those land and                                     
01            water uses which confer significant environmental, social, cultural, or                                      
02            economic benefits or burdens beyond a single coastal resource district;                                      
03                      (C)  the siting of major energy facilities, activities pursuant to a                               
04            state or federal oil and gas lease, or large-scale industrial or commercial                              
05            development activities that [WHICH] are dependent on a coastal location and                              
06            that [WHICH], because of their magnitude or the magnitude of their effect on                             
07            the economy of the state or the surrounding area, are reasonably likely to                                   
08            present issues of more than local significance;                                                              
09                      (D)  facilities serving statewide or interregional transportation                                  
10            and communication needs; and                                                                                 
11                      (E)  uses in areas established as state parks or recreational areas                                
12            under AS 41.21 or as state game refuges, game sanctuaries, or critical habitat                               
13            areas under AS 16.20;                                                                                        
14    * Sec. 43.  AS 46.40.210 is amended by adding new paragraphs to read:                                              
15                 (10)  "coastal use or resource" means a land or water use or natural                                    
16       resource of the coastal zone; "coastal use or resource" includes subsistence, recreation,                         
17       public access, fishing, historic or archaeological resources, geophysical resources, and                          
18       biological or physical resources found in the coastal zone on a regular or cyclical                               
19       basis;                                                                                                            
20                 (11)  "coastal zone" means the coastal waters including lands within                                    
21       and under those waters, and adjacent shorelands, including the waters within and                                  
22       under those shorelands, within the boundaries approved by the former Alaska Coastal                               
23       Policy Council and by the United States Secretary of Commerce under 16 U.S.C. 1451                                
24       - 1465 (Coastal Zone Management Act of 1972, as amended); "coastal zone" includes                                 
25       areas added as a result of any boundary changes approved by the department and by                                 
26       the United States Secretary of Commerce under 16 U.S.C. 1451 - 1465; "coastal zone"                               
27       does not include                                                                                                  
28                      (A)  those lands excluded under 16 U.S.C. 1453(1); or                                              
29                      (B)  areas deleted as a result of any boundary changes by the                                      
30            department in conformance with 16 U.S.C. 1451 - 1465;                                                        
31                 (12)  "district coastal management plan" means a plan developed by a                                    
01       coastal resource district, including enforceable policies of that plan, setting out                               
02       policies and standards to guide public and private uses of land and waters within that                            
03       district and approved by the department as meeting the requirements of this chapter                               
04       and the regulations adopted under this chapter;                                                                   
05                 (13)  "enforceable policy" means a policy established by this chapter or                                
06       approved by the department as a legally binding policy of the Alaska coastal                                      
07       management program applicable to public and private activities;                                                   
08                 (14)  "project" means all activities that will be part of a proposed                                    
09       development.                                                                                                      
10    * Sec. 44.  AS 38.05.037(b)(2); AS 39.50.200(b)(38); AS 44.62.800(2)(B); AS 46.39.020,                             
11 46.39.050; AS 46.40.080, 46.40.120, 46.40.130, 46.40.140(c), 46.40.160, 46.40.170,                                      
12 46.40.200, and 46.40.210(4) are repealed.                                                                               
13    * Sec. 45.  The uncodified law of the State of Alaska is amended by adding a new section to                        
14 read:                                                                                                                   
15       ANNULMENT OF CERTAIN REGULATIONS.  The following regulations are                                                
16 annulled:                                                                                                               
17            (1)  6 AAC 80.010 - 6 AAC 80.900;                                                                            
18            (2)  6 AAC 85.020 - 6 AAC 85.900.                                                                            
19    * Sec. 46.  The uncodified law of the State of Alaska is amended by adding new sections to                         
20 read:                                                                                                                   
21       TRANSITION:  GENERAL PROVISIONS.  (a)  The Department of Natural                                                  
22 Resources shall adopt regulations under AS 44.62 (Administrative Procedure Act)                                         
23 implementing this Act in order that the regulations are effective no later than July 1, 2004.                           
24       (b)  Until sec. 45 of this Act takes effect or the regulations attorney removes the                               
25 regulations under sec. 48(c) of this Act, whichever occurs first, regulations adopted to                                
26 implement the Alaska Coastal Management Program at 6 AAC 80 and 6 AAC 85 remain in                                      
27 effect and, to the extent the regulations are not inconsistent with this Act, the Department of                         
28 Natural Resources may implement and enforce the regulations.                                                            
29       (c)  Notwithstanding the repeal of the Alaska Coastal Policy Council enacted by sec.                              
30 44 of this Act, and the repeal of the Alaska Coastal Policy Council's duties in AS 46.40.040,                           
31 enacted in sec. 10 of this Act, a district coastal management program, including its                                    
01 enforceable policies, approved by the former Alaska Coastal Policy Council that is not                                  
02 otherwise inconsistent with this Act or AS 46.40 as amended by this Act, remains in effect for                          
03 purposes of AS 46.39 and AS 46.40 until July 1, 2006, unless the Department of Natural                                  
04 Resources disapproves or modifies all or part of the program before July 1, 2006.                                       
05       (d)  Consistency reviews pending on the day before the effective date of secs. 17 - 22                            
06 of this Act and initiated under the provisions of AS 46.40.096, as that section existed before                          
07 the changes made by secs. 17 - 22 of this Act, may, at the applicant's option exercised no                              
08 more than 60 days after the effective date of secs. 17 - 22 of this Act, be continued and                               
09 completed under the procedures and enforceable policies under the provisions of AS 46.39                                
10 and AS 46.40 as they existed before the changes made by this Act.                                                       
11       (e)  Except as provided in (d) of this section, contracts, rights, liabilities, and                               
12 obligations created by or under a law repealed by this Act remain in effect notwithstanding                             
13 this Act's taking effect.                                                                                               
14    * Sec. 47.  The uncodified law of the State of Alaska is amended by adding a new section to                        
15 read:                                                                                                                   
16       TRANSITION AND APPLICABILITY OF CERTAIN PROVISIONS:                                                               
17 SUBMISSION OF DISTRICT PLANS BY COASTAL RESOURCE DISTRICTS FOR                                                          
18 INITIAL IMPLEMENTATION OF THIS ACT.  (a)  Within one year after the effective date                                      
19 of regulations adopted by the Department of Natural Resources implementing changes to                                   
20 AS 46.40.010 - 46.40.090, enacted by secs. 8 - 15 of this Act, or by July 1, 2005, whichever is                         
21 later, coastal resource districts shall review their existing district coastal management program                       
22 and submit to the Department of Natural Resources for review and approval a revised district                            
23 coastal management plan meeting the requirements of AS 46.40, as amended by this Act, and                               
24 the implementing regulations.                                                                                           
25       (b)  AS 46.40.070(b), enacted by sec. 14 of this Act, does not apply to a revised                                 
26 district coastal management plan submitted under (a) of this section.                                                   
27    * Sec. 48.  The uncodified law of the State of Alaska is amended by adding a new section to                        
28 read:                                                                                                                   
29       REVISOR'S INSTRUCTIONS.  (a)  The revisor of statutes is instructed to                                            
30            (1)  change the heading of                                                                                   
31                 (A)  AS 46.39 from "Coastal Management Administration; Alaska                                           
01       Coastal Policy Council" to "Coastal Management Administration";                                                   
02                 (B)  article 2 of AS 46.40 from "Coastal Management Programs in the                                     
03       Unorganized Borough" to "Coastal Management Plans in the Unorganized Borough";                                    
04                 (C)  AS 46.40.180 from "Approval of programs in coastal resource                                        
05       service areas" to "Approval of plans in coastal resource service areas";                                          
06            (2)  delete the heading of article 2 of AS 46.39 and renumber article 3 of                                   
07 AS 46.39 as article 2.                                                                                                  
08       (b)  Wherever in the Alaska Administrative Code the terms "Alaska Coastal Policy                                  
09 Council" or "Coastal Policy Council" are used, or the term "council" is used to refer to the                            
10 Alaska Coastal Policy Council, the regulations attorney is instructed to change those terms to                          
11 read as "Department of Natural Resources," "DNR," "department" or "commissioner of                                      
12 natural resources" when to do so would be consistent with AS 44.62.125(b)(6) and the                                    
13 changes made by this Act.                                                                                               
14       (c)  If regulations adopted by the Department of Natural Resources under sec. 46 of                               
15 this Act take effect before the effective date of sec. 45 of this Act, the regulations attorney is                      
16 instructed to remove from the Alaska Administrative Code the regulations listed in sec. 45 of                           
17 this Act, as being obsolete.  The lieutenant governor shall notify the regulations attorney of                          
18 the effective date of the regulations adopted by the Department of Natural Resources under                              
19 sec. 46 of this Act.                                                                                                    
20    * Sec. 49.  Section 45 of this Act takes effect July 1, 2005.                                                      
21    * Sec. 50.  Except as provided in sec. 49 of this Act, this Act takes effect immediately under                     
22 AS 01.10.070(c).