CSHB 74(CRA): "An Act relating to the Alaska coastal management program; and establishing the Alaska Coastal Policy Board."
00 CS FOR HOUSE BILL NO. 74(CRA) 01 "An Act relating to the Alaska coastal management program; and establishing the 02 Alaska Coastal Policy Board." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 46.39 is amended by adding a new section to article 1 to read: 05 Sec. 46.39.005. Alaska Coastal Policy Board. (a) There is created in the 06 Department of Natural Resources the Alaska Coastal Policy Board. The board consists 07 of the following: 08 (1) five public members appointed by the governor, including one at- 09 large member from any coastal district and four members from a list composed of at 10 least three names from each region, nominated and submitted by the coastal districts 11 of each region; one public member shall be appointed from each of the following 12 regions: 13 (A) northwest Alaska, including, generally, the area of the 14 North Slope Borough and the Northwest Arctic Borough; and the Bering Strait
01 area, including, generally, the area of the Bering Strait regional educational 02 attendance area; 03 (B) southwest Alaska, including, generally, the area within the 04 Lower Yukon, Lower Kuskokwim, and Southwest regional educational 05 attendance areas and the Lake and Peninsula and Bristol Bay Boroughs; and 06 the Kodiak-Aleutians area, including the Kodiak Island and area of the 07 Aleutians East Boroughs and the area of the Aleutian, Adak, and Pribilof 08 regional educational attendance areas; 09 (C) Upper Cook Inlet area, including the Municipality of 10 Anchorage and the Matanuska-Susitna Borough; the Lower Cook Inlet area, 11 including, generally, the Kenai Peninsula Borough; and the Prince William 12 Sound area, including, generally, the area east of the Kenai Peninsula Borough 13 to 141 West longitude; and 14 (D) Southeast Alaska, generally the area east of 141 West 15 longitude; 16 (2) each of the following: 17 (A) the commissioner of environmental conservation; 18 (B) the commissioner of fish and game; 19 (C) the commissioner of natural resources; and 20 (D) the commissioner of commerce, community, and economic 21 development. 22 (b) Each public member appointed by the governor under (a)(1) of this section 23 serves a term of two years and until a successor is appointed and qualified. A public 24 member may be reappointed. 25 (c) The board shall designate co-chairs, one of whom shall be selected from 26 among the public members appointed under (a)(1) of this section and one from among 27 the members designated in (a)(2) of this section. 28 (d) Each member of the board shall select one person to serve as a permanent 29 alternate at meetings of the board. If a member of the board is unable to attend, the 30 member shall advise the alternate, who may attend and act in the place of the member. 31 The alternate for each public member appointed under (a)(1) of this section shall be
01 approved by the coastal districts in the region from which the public member was 02 appointed. The alternate for a commissioner serving under (a)(2) of this section shall 03 be a deputy commissioner or the director of a division in the commissioner's 04 department. The names of alternates shall be filed with the board. 05 (e) Three public members and two designated members of the board constitute 06 a quorum, but the board may delegate to one or more of its members the power to hold 07 hearings. All decisions of the board shall be by a majority vote of the members present 08 and voting. 09 (f) Members of the board or their alternates are entitled to per diem and travel 10 expenses authorized by law for members of boards and commissions. 11 (g) Administrative support for the board shall be provided by the division in 12 the department responsible for coastal and ocean management. The director of the 13 division in the department responsible for coastal and ocean management, under 14 direction of the co-chair designated by the board from the individuals listed in (a)(2) 15 of this section, may contract with or employ persons as necessary to assist the board in 16 carrying out the board's duties and responsibilities. 17 * Sec. 2. AS 46.39.010(a) is amended to read: 18 (a) The Department of Natural Resources shall render, on behalf of the state, 19 all federal consistency determinations and certifications authorized by 16 U.S.C. 1456 20 (Sec. 307, Coastal Zone Management Act of 1972), and each conclusive state 21 consistency determination when a project requires a permit, lease, or authorization 22 from the department or from two or more state resource agencies. 23 * Sec. 3. AS 46.39.010(b) is amended to read: 24 (b) The department may adopt regulations approved by the board necessary 25 to implement this chapter. 26 * Sec. 4. AS 46.39.030 is amended to read: 27 Sec. 46.39.030. Powers of the board [DEPARTMENT]. The board 28 [DEPARTMENT] may 29 (1) apply for and accept grants, contributions, and appropriations, 30 including application for and acceptance of federal funds that may become available 31 for coastal planning and management;
01 (2) contract for necessary services; 02 (3) consult and cooperate with 03 (A) persons, organizations, and groups, public or private, 04 interested in, affected by, or concerned with coastal area planning and 05 management; 06 (B) agents and officials of the coastal resource districts of the 07 state, and federal and state agencies concerned with or having jurisdiction over 08 coastal planning and management; 09 (4) take any reasonable action necessary to carry out the provisions of 10 this chapter or AS 46.40. 11 * Sec. 5. AS 46.39.040 is amended to read: 12 Sec. 46.39.040. Duties of the board [DEPARTMENT]. In conformity with 13 16 U.S.C. 1451 - 1464 (Coastal Zone Management Act of 1972), as amended, the 14 board [DEPARTMENT] shall 15 (1) approve [DEVELOP] statewide standards for the Alaska coastal 16 management program [,] and criteria for the preparation and approval of district 17 coastal management plans developed by the department in accordance with 18 AS 46.40; 19 (2) establish continuing coordination among state agencies to facilitate 20 the development and implementation of the Alaska coastal management program; in 21 carrying out its duties under this paragraph, the department shall initiate an 22 interagency program of comprehensive coastal resource planning for each geographic 23 region of the state; 24 (3) assure continued provision of data and information to coastal 25 resource districts to carry out their planning and management functions under the 26 program. 27 * Sec. 6. AS 46.39.900 is amended to read: 28 Sec. 46.39.900. Definitions [DEFINITION]. In this chapter, unless the 29 context requires otherwise, 30 (1) "board" means the Alaska Coastal Policy Board established in 31 AS 46.39.005;
01 (2) "department" means the Department of Natural Resources. 02 * Sec. 7. AS 46.40.010 is amended to read: 03 Sec. 46.40.010. Development of Alaska coastal management program. (a) 04 The Alaska Coastal Policy Board [DEPARTMENT] shall approve, in accordance 05 with this chapter, program changes to the Alaska coastal management program. 06 (b) The board [DEPARTMENT] may approve the Alaska coastal 07 management program for a portion or portions of the coastal area before approving the 08 [COMPLETE] program changes under (a) of this section. Portions of the program 09 approved under this subsection shall be incorporated into the Alaska coastal 10 management program. 11 (c) The Alaska coastal management program shall be reviewed by the board 12 [DEPARTMENT] and, when appropriate, revised to 13 (1) add newly approved district coastal management plans [,] or 14 revisions and amendments to the Alaska coastal management program; 15 (2) integrate newly approved district coastal management plans [,] or 16 revisions and amendments of district coastal management plans [,] with existing 17 approved plans and with plans developed by state agencies; 18 (3) add new or revised state statutes, policies, regulations, or other 19 appropriate material; 20 (4) evaluate [REVIEW] the effectiveness [OF IMPLEMENTATION] 21 of district coastal management plans; and 22 (5) consider new information acquired by the state and coastal resource 23 districts. 24 (d) All reviews and revisions shall be in accordance with the statewide 25 standards and district plan criteria adopted under AS 46.40.040. 26 * Sec. 8. AS 46.40.020 is amended to read: 27 Sec. 46.40.020. Objectives. The Alaska coastal management program shall be 28 consistent with the following objectives: 29 (1) the use, management, restoration, and enhancement of the overall 30 quality of the coastal environment; 31 (2) the development of industrial or commercial enterprises that are
01 consistent with the social, cultural, historic, economic, and environmental interests of 02 the people of the state; 03 (3) the orderly, balanced utilization and protection of the resources of 04 the coastal area consistent with sound conservation and sustained yield principles; 05 (4) the management of coastal land and water uses in such a manner 06 that, generally, those uses that [WHICH] are economically or physically dependent on 07 a coastal location are given higher priority when compared to uses that [WHICH] do 08 not economically or physically require a coastal location; 09 (5) the protection and management of significant historic, cultural, 10 natural, subsistence, and aesthetic values and natural systems or processes within the 11 coastal area; 12 (6) the prevention of damage to or degradation of land and water 13 reserved for their natural and subsistence values as a result of inconsistent land or 14 water usages adjacent to that land; 15 (7) the recognition of the need for a continuing supply of energy to 16 meet the requirements of the state and the contribution of a share of the state's 17 resources to meet national energy needs; and 18 (8) the full and fair evaluation of all demands on the land and water in 19 the coastal area. 20 * Sec. 9. AS 46.40.030 is amended to read: 21 Sec. 46.40.030. Development of district coastal management plans. (a) 22 Coastal resource districts shall develop and adopt district coastal management plans in 23 accordance with the provisions of this chapter. The plan adopted by a coastal resource 24 district shall be based upon a municipality's existing comprehensive plan or a new 25 comprehensive resource use plan or comprehensive statement of needs, policies, 26 objectives, and standards governing the use of resources within the coastal area of the 27 district. The plan must meet the [STATEWIDE STANDARDS AND] district plan 28 criteria adopted under AS 46.40.040 and must include 29 (1) a delineation within the district of the boundaries of the coastal area 30 subject to the district coastal management plan; 31 (2) a statement, list, or definition of the land and water uses and
01 activities subject to the district coastal management plan; 02 (3) a statement of policies to be applied to all [THE] land and water 03 uses subject to the district coastal management plan as well as policies that apply 04 only to special management areas; and 05 (4) [A DESCRIPTION OF THE USES AND ACTIVITIES THAT 06 WILL BE CONSIDERED PROPER AND THE USES AND ACTIVITIES THAT 07 WILL BE CONSIDERED IMPROPER WITH RESPECT TO THE LAND AND 08 WATER WITHIN THE COASTAL AREA; AND 09 (5)] a designation of any special management [, AND THE 10 POLICIES THAT WILL BE APPLIED TO THE USE OF,] areas under [WITHIN] 11 the district coastal management plan and enforceable policies that will be 12 applicable within those special management areas [RESOURCE DISTRICT THAT 13 MERIT SPECIAL ATTENTION]. 14 (b) In developing enforceable policies in its coastal management plan under 15 (a) of this section, a coastal resource district shall ensure that the enforceable 16 policies are 17 (1) clear and concise as to the activities and persons affected by the 18 policies and the requirements of the policies whether the policies are prescriptive 19 or performance-based; 20 (2) necessary given local conditions; and 21 (3) supported by evidence, including scientific or local knowledge, 22 if the policies are more specific than state or federal statutes or regulations 23 [MEET THE REQUIREMENTS OF AS 46.40.070 AND MAY NOT DUPLICATE, 24 RESTATE, OR INCORPORATE BY REFERENCE STATUTES AND 25 ADMINISTRATIVE REGULATIONS ADOPTED BY STATE OR FEDERAL 26 AGENCIES]. 27 * Sec. 10. AS 46.40.040(a) is amended to read: 28 (a) Except as provided in [(b) OF THIS SECTION AND] AS 41.17, the 29 department shall, after approval by the board, 30 (1) by regulation, adopt, under the provisions of AS 44.62 31 (Administrative Procedure Act) for the use of and application by coastal resource
01 districts and state agencies for carrying out their responsibilities under this chapter, 02 statewide standards and district coastal management plan criteria for 03 (A) identifying the boundaries of the coastal area subject to the 04 Alaska coastal management program; 05 (B) determining the land and water uses and activities subject 06 to the Alaska coastal management program; 07 (C) developing policies applicable to the land and water uses 08 subject to the Alaska coastal management program; 09 (D) developing regulations applicable to the land and water 10 uses subject to the Alaska coastal management program; 11 (E) developing policies and procedures to determine whether 12 specific proposals for the land and water uses or activities subject to the Alaska 13 coastal management program shall be allowed; 14 (F) designating and developing policies for special 15 management areas [THE USE OF AREAS OF THE COAST THAT MERIT 16 SPECIAL ATTENTION]; and 17 (G) measuring the progress of a coastal resource district in 18 meeting its responsibilities under this chapter; 19 (2) [DEVELOP AND MAINTAIN A PROGRAM OF TECHNICAL 20 AND FINANCIAL ASSISTANCE TO AID COASTAL RESOURCE DISTRICTS IN 21 THE DEVELOPMENT AND IMPLEMENTATION OF DISTRICT COASTAL 22 MANAGEMENT PLANS; 23 (3) UNDERTAKE REVIEW AND APPROVAL OF DISTRICT 24 COASTAL MANAGEMENT PLANS IN ACCORDANCE WITH THIS CHAPTER; 25 (4) INITIATE A PROCESS FOR IDENTIFYING AND MANAGING 26 USES OF STATE CONCERN WITHIN SPECIFIC AREAS OF THE COAST; 27 (5) DEVELOP PROCEDURES OR GUIDELINES FOR 28 CONSULTATION AND COORDINATION WITH FEDERAL AGENCIES 29 MANAGING LAND OR CONDUCTING ACTIVITIES POTENTIALLY 30 AFFECTING THE COASTAL AREA OF THE STATE; 31 (6)] by regulation, establish a consistency review and determination or
01 certification process that conforms to the requirements of AS 46.40.096. 02 * Sec. 11. AS 46.40.040 is amended by adding a new subsection to read: 03 (d) Except as provided in AS 41.17, the board shall 04 (1) develop and maintain a program of technical and financial 05 assistance to aid coastal resource districts in the development and implementation of 06 district coastal management plans; 07 (2) undertake review of and, after public hearing, approve district 08 coastal management plans in accordance with this chapter; 09 (3) initiate a process for identifying and managing uses of state 10 concern within specific areas of the coast; 11 (4) develop procedures or guidelines for consultation and coordination 12 with federal agencies managing land or conducting activities potentially affecting the 13 coastal area of the state. 14 * Sec. 12. AS 46.40.050(b) is amended to read: 15 (b) Within 30 months after certification of the organization of a new coastal 16 resource district, the coastal resource district shall complete and submit to the board 17 [DEPARTMENT] a proposed district coastal management plan. If, after receipt of a 18 written request for extension from the coastal resource district, the board 19 [DEPARTMENT] considers an extension proper, the board [DEPARTMENT] may 20 grant an extension to a date that is within 54 months after certification of the results of 21 the coastal resource district's organization. A request under this subsection must 22 include the reasons for the extension. 23 * Sec. 13. AS 46.40.060 is repealed and reenacted to read: 24 Sec. 46.40.060. Review and approval. (a) A coastal resource district shall 25 submit its district coastal management plan for review by the department. The division 26 in the department responsible for coastal and ocean management shall attempt to reach 27 a consensus with a coastal resource district concerning any changes required to 28 comply with the district plan criteria approved by the department and the board. 29 (b) If a consensus between the division and the coastal resource district is 30 reached, the division shall forward a recommendation to the commissioner, and the 31 commissioner shall submit the recommendation to the board.
01 (c) If a consensus between the division and the coastal resource district is not 02 reached, the division shall forward a recommendation to the commissioner with an 03 explanation of the reasons for its recommendation and, if applicable, offer 04 recommended changes to the district coastal management plan that would meet the 05 district plan criteria. The coastal resource district may request that the commissioner 06 reconsider the division's recommendation before the commissioner submits the 07 recommendation to the board. 08 (d) If, after receiving the commissioner's recommendation, the board finds that 09 the district coastal management plan meets the provisions of this chapter and the 10 district plan criteria adopted by the department, the board may approve the district 11 coastal management plan or may approve portions of the district coastal management 12 plan that meet those requirements. 13 (e) If the board finds that a district coastal management plan is not approvable 14 or is approvable only in part under (d) of this section, the board shall direct the 15 department to meet with officials of the coastal resource district to resolve differences. 16 If requested by a coastal resource district, the board shall direct that deficiencies in the 17 district coastal management plan submitted by the coastal resource district be resolved 18 through mediation conducted by a neutral third party. During mediation, the board 19 may call for one or more public hearings in the district. 20 (f) If, after mediation, the differences have not been resolved and mutually 21 agreed to by the coastal resource district and the board, the board shall enter findings 22 and, by order, may require 23 (1) that the district coastal management plan be amended to satisfy the 24 provisions of this chapter or meet the statewide standards and district plan criteria 25 approved by the board; 26 (2) that the district coastal management plan be revised to 27 accommodate a use of state concern; or 28 (3) any other action be taken by the coastal resource district, as 29 appropriate. 30 (g) An order of the board entered under (f) of this section is a final 31 administrative order that the coastal resource district may appeal to the superior court
01 under AS 44.62 (Administrative Procedure Act). The attorney general, at the request 02 of the board, may file an action in superior court to enforce an order issued under (f) 03 of this section. 04 * Sec. 14. AS 46.40.070 is repealed and reenacted to read: 05 Sec. 46.40.070. Requirements for board review and approval. (a) The board 06 shall approve a district coastal management plan submitted for review and approval if 07 the 08 (1) district coastal management plan meets the requirements of this 09 chapter and the district plan criteria adopted by the department; and 10 (2) enforceable policies of the district coastal management plan 11 (A) do not duplicate, restate, or incorporate by reference state 12 or federal statutes or regulations; 13 (B) are not preempted by federal or state law; and 14 (C) do not arbitrarily or unreasonably restrict a use of state 15 concern. 16 (b) In (a)(2)(B) of this section, an enforceable policy of the district coastal 17 management plan is preempted 18 (1) by federal statutes or regulations if the United States Congress 19 expressly declares that local law or regulation is preempted, if the United States 20 Congress demonstrates the intent to occupy the field exclusively, or if there is an 21 actual conflict between federal and local law or regulation; 22 (2) by state law if it is prohibited, either by express legislative 23 direction or direct conflict with a state statute or regulation, or where a local law or 24 regulation substantially interferes with the effective functioning of a state statute or 25 regulation or the underlying purposes of a state statute or regulation. 26 * Sec. 15. AS 46.40.096(a) is amended to read: 27 (a) The department shall, by regulation approved by the board, establish a 28 consistency review and determination process that conforms to the requirements of 29 this section. 30 * Sec. 16. AS 46.40.096(d) is amended to read: 31 (d) In preparing a consistency review and determination for a proposed
01 project, the reviewing entity shall 02 (1) request consistency review comments for the proposed project 03 from state resource agencies, affected coastal resource districts, and other interested 04 parties as determined by regulation adopted by the department; 05 (2) prepare proposed consistency determinations; 06 (3) coordinate elevations [SUBSEQUENT REVIEWS] of proposed 07 consistency determinations prepared under (2) of this subsection; an elevation [A 08 SUBSEQUENT REVIEW] of a proposed consistency determination under this 09 paragraph 10 (A) is limited to a review by state resource agencies [THE 11 DEPARTMENT]; 12 (B) may occur only if requested by 13 (i) the project applicant; 14 (ii) a state resource agency; or 15 (iii) an affected coastal resource district; and 16 (C) shall be completed by the resource agencies 17 [DEPARTMENT] within 45 days after the initial request for subsequent 18 review under this paragraph; 19 (4) render the final consistency determination and certification. 20 * Sec. 17. AS 46.40.096(g) is amended to read: 21 (g) The reviewing entity shall exclude from the consistency review and 22 determination process for a project 23 (1) an aspect of an activity that 24 [(A)] is specifically authorized under a general or nationwide 25 permit that has previously been determined to be consistent with the Alaska 26 coastal management program; [OR 27 (B) IS SUBJECT TO AUTHORIZATION BY THE 28 DEPARTMENT OF ENVIRONMENTAL CONSERVATION UNDER THE 29 REQUIREMENTS DESCRIBED IN AS 46.40.040(b);] 30 (2) activities excluded from a consistency review under AS 41.17; and 31 (3) the issuance of an authorization or permit issued by the Alaska Oil
01 and Gas Conservation Commission. 02 * Sec. 18. AS 46.40.096(k) is amended to read: 03 (k) Except as provided in (g) of this section, AS 41.17, [AS 46.40.040(b),] and 04 AS 46.40.094, the scope of a consistency review of a project, once triggered under (j) 05 of this section, is limited to activities that are located within the areas described in (l) 06 of this section and that either are subject to a state resource agency permit, lease, 07 authorization, approval, or certification or are the subject of a coastal resource district 08 enforceable policy approved by the board [DEPARTMENT] under this chapter. The 09 scope of a consistency review subject to 16 U.S.C. 1456 is determined under 16 10 U.S.C. 1456 and 15 C.F.R. Part 930. 11 * Sec. 19. AS 46.40.096(l) is amended to read: 12 (l) The regulations adopted under (a) of this section apply, as authorized by 16 13 U.S.C. 1456(c), to 14 (1) activities within the coastal zone or inland of the coastal zone if 15 the activities would cause direct and significant impacts to a coastal use or 16 resource; and 17 (2) activities on federal land and water, including the federal outer 18 continental shelf, that would affect any land or water use or natural resource of the 19 state's coastal zone; for purposes of this paragraph, those activities consist of any 20 activity on the federal outer continental shelf, including seismic survey activity, and 21 any activity on federal land that are within the geographic boundaries of the state's 22 coastal zone notwithstanding the exclusion of federal land in 16 U.S.C. 1453(1). 23 * Sec. 20. AS 46.40.096(m) is amended to read: 24 (m) As part of the regulations adopted under (a) of this section, the department 25 shall establish a list of permits, certifications, leases, approvals, and authorizations 26 issued by a state resource or federal agency that will trigger a consistency review 27 under (j) of this section. In addition, the department shall establish in regulation 28 categories and descriptions of uses and activities that, for purposes of evaluating 29 consistency with the Alaska coastal management program, are determined to be 30 categorically consistent or generally consistent after the inclusion of standard 31 alternative measures. These categories of uses and activities must be as broad as
01 possible so as to minimize the number of routine projects that must undergo an 02 individualized consistency review under this section. 03 * Sec. 21. AS 46.40.096(o) is amended to read: 04 (o) The time limitations in (n) of this section 05 (1) do not apply to a consistency review involving 06 (A) the disposal of an interest in state land or resources; 07 (B) an activity proposed by a federal agency; or 08 (C) an activity permitted by a federal agency; 09 (2) are suspended 10 (A) from the time a review schedule is modified in response 11 to [THE REVIEWING ENTITY DETERMINES THAT THE APPLICANT 12 HAS NOT ADEQUATELY RESPONDED IN WRITING WITHIN 14 DAYS 13 AFTER THE RECEIPT OF] a written request from the reviewing entity for 14 additional information, until the time the reviewing entity determines that the 15 applicant has provided an adequate written response; 16 (B) during a period of time requested by the applicant; 17 (C) during the period of time a consistency review is 18 undergoing a subsequent review under (d)(3) of this section; 19 (D) for 30 days if requested by an affected coastal resource 20 district exercising authority under AS 29 to accommodate the 21 adjudication process of an authorization issued by a coastal resource 22 district pending the results of the adjudication. 23 * Sec. 22. AS 46.40.096(q)(1) is amended to read: 24 (1) "affected coastal resource district" means a coastal resource district 25 with a publicly reviewed draft or approved plan in which a project is proposed to 26 be located or that [WHICH] may experience a direct and significant impact from a 27 proposed project; 28 * Sec. 23. AS 46.40.096 is amended by adding a new subsection to read: 29 (r) Notwithstanding any provision of this section, for federal agency activities 30 defined in 15 C.F.R. 930.31, including Outer Continental Shelf lease sales and 31 development projects, the department shall conduct a full consistency review and
01 provide its consistency response with respect to proposed uses or activities involved in 02 the project regardless of whether an earlier consistency review for a similar project has 03 been completed. 04 * Sec. 24. AS 46.40.100(b) is amended to read: 05 (b) A party that is authorized under (g) of this section may file a petition 06 showing that a district coastal management plan is not being implemented. A petition 07 filed under this subsection may not seek review of a proposed or final consistency 08 determination regarding a specific project. On receipt of a petition, the board 09 [DEPARTMENT], after giving public notice in the manner required by (f) of this 10 section, shall convene a hearing to consider the matter. A hearing called under this 11 subsection shall be held in accordance with regulations adopted under this chapter. 12 After the hearing, the board [DEPARTMENT] may order that the coastal resource 13 district or a state resource agency take any action with respect to future 14 implementation of the district coastal management plan that the board 15 [DEPARTMENT] considers necessary, except that the board [DEPARTMENT] may 16 not order that the coastal resource district or a state agency take any action with 17 respect to a proposed or final consistency determination that has been issued. 18 * Sec. 25. AS 46.40.100(c) is amended to read: 19 (c) In determining whether an approved district coastal management plan is 20 being implemented by a coastal resource district that exercises zoning authority or 21 controls on the use of resources within the coastal area or by a state resource agency, 22 the board [DEPARTMENT] shall find in favor of the district or the state resource 23 agency, unless the board [DEPARTMENT] finds a pattern of nonimplementation. 24 * Sec. 26. AS 46.40.100(e) is amended to read: 25 (e) The superior courts of the state have jurisdiction to enforce lawful orders 26 of the board and the department under this chapter. 27 * Sec. 27. AS 46.40.100(f) is amended to read: 28 (f) Upon receipt of a petition under (b) of this section, the board 29 [DEPARTMENT] shall give notice of the hearing at least 10 days before the 30 scheduled date of the hearing. The notice must 31 (1) contain sufficient information in commonly understood terms to
01 inform the public of the nature of the petition; and 02 (2) indicate the manner in which the public may comment on the 03 petition. 04 * Sec. 28. AS 46.40.100(h) is amended to read: 05 (h) If the board [DEPARTMENT] finds a pattern of nonimplementation 06 under (c) of this section, the board [DEPARTMENT] may order a coastal resource 07 district or a state resource agency to take action with respect to future implementation 08 of the district coastal management plan that the board [DEPARTMENT] considers 09 necessary to implement the district coastal management plan. The board's 10 [DEPARTMENT'S] determination under (c) of this section and any order issued under 11 this subsection shall be considered a final administrative order for purposes of judicial 12 review under AS 44.62.560. 13 * Sec. 29. AS 46.40.180(b) is amended to read: 14 (b) If a city or village within a coastal resource service area fails to approve a 15 portion of the district coastal management plan prepared and submitted for approval 16 under (a) of this section, the governing body shall advise the coastal resource service 17 area board of its objections to the proposed plan and suggest alternative elements or 18 components for inclusion in the district coastal management plan. New matter 19 submitted by a city or village that meets the [STATEWIDE STANDARDS AND] 20 district plan criteria adopted under this chapter may [SHALL] be accepted by the 21 district and the district coastal management plan modified accordingly. If a city or 22 village fails to provide objections and suggested alternatives within the time limits 23 established in this section, the coastal resource service area board may adopt the 24 district coastal management plan as initially offered. 25 * Sec. 30. AS 46.40.190(b) is amended to read: 26 (b) This chapter does not restrict or prohibit cooperative or joint 27 administration of functions between a municipality and a coastal resource service area 28 organized under the provisions of this chapter upon initiation of a mutual agreement 29 for the purpose. [A CITY THAT ELECTS TO BE EXCLUDED FROM AN 30 ADJACENT COASTAL RESOURCE SERVICE AREA UNDER (a) OF THIS 31 SECTION SHALL ENTER INTO A MUTUAL AGREEMENT FOR
01 COOPERATIVE OR JOINT ADMINISTRATION OF FUNCTIONS WITH THE 02 COASTAL RESOURCE SERVICE AREA BOARD FROM THE ADJACENT 03 COASTAL RESOURCE SERVICE AREA.] 04 * Sec. 31. AS 46.40.210(4) is amended to read: 05 (4) "coastal zone" means the coastal water including land within and 06 under that water, and adjacent shoreland, including the water within and under that 07 shoreland, within the boundaries approved by the former Alaska Coastal Policy 08 Council and by the United States Secretary of Commerce under 16 U.S.C. 1451 - 1465 09 (Coastal Zone Management Act of 1972, as amended); "coastal zone" includes areas 10 added as a result of any boundary changes approved by the board [DEPARTMENT] 11 and by the United States Secretary of Commerce under 16 U.S.C. 1451 - 1465; 12 "coastal zone" does not include 13 (A) those lands excluded under 16 U.S.C. 1453(1); or 14 (B) areas deleted as a result of any boundary changes by the 15 board [DEPARTMENT] in conformance with 16 U.S.C. 1451 - 1465; 16 * Sec. 32. AS 46.40.210(7) is amended to read: 17 (7) "district coastal management plan" means a plan developed by a 18 coastal resource district, including enforceable policies of that plan, setting out 19 policies and standards to guide public and private uses of land and water within that 20 district and approved by the board [DEPARTMENT] as meeting the requirements of 21 this chapter and the regulations adopted under this chapter; 22 * Sec. 33. AS 46.40.210(8) is amended to read: 23 (8) "enforceable policy" means a policy established by this chapter or 24 approved by the board [DEPARTMENT] as a legally binding policy of the Alaska 25 coastal management program applicable to public and private activities; 26 * Sec. 34. AS 46.40.210(9) is amended to read: 27 (9) "project" means all activities that will be part of a proposed 28 development and includes all federal agency activities as defined in 15 C.F.R. 29 930.31, including lease sales and development projects affecting a coastal use or 30 resource; 31 * Sec. 35. AS 46.40.210 is amended by adding new paragraphs to read:
01 (13) "board" has the meaning given in AS 46.39.900; 02 (14) "special management area" means a delineated geographic area 03 within the coastal area that is sensitive to change or alteration and that, because of 04 plans or commitments or because a claim on the resources within the area delineated 05 would preclude subsequent use of the resources to a conflicting or incompatible use, 06 warrants special management attention, or that, because of its value to the general 07 public, should be identified for current or future planning, protection, or acquisition; 08 these areas, subject to the board's definition of criteria for their identification, include: 09 (A) areas of unique, scarce, fragile or vulnerable natural 10 habitat, cultural value, historical significance, or scenic importance; 11 (B) areas of high natural productivity or essential habitat for 12 living resources; 13 (C) areas of substantial recreational value or opportunity; 14 (D) areas where development of facilities is dependent upon 15 the utilization of, or access to, coastal water; 16 (E) areas of unique geologic or topographic significance that 17 are susceptible to industrial or commercial development; 18 (F) areas of significant hazard due to storms, slides, flooding, 19 earthquakes, active faults, tsunamis, volcanoes, liquefaction, ice movement or 20 snow avalanches, or erosion; and 21 (G) areas needed to protect, maintain, or replenish coastal land 22 or resources, including coastal flood plains, aquifer recharge areas, beaches, 23 and offshore sand deposits. 24 * Sec. 36. AS 46.40.040(b), 46.40.040(c), 46.40.050(a), 46.40.096(i), 46.40.205, and 25 46.40.210(1) are repealed.