00 Enrolled HB 47 01 Requiring a party seeking a restraining order, preliminary injunction, or order staying the 02 operation of certain permits affecting an industrial operation to give security in the amount the 03 court considers proper for costs incurred and damages suffered if the industrial operation is 04 wrongfully enjoined or restrained. 05 _______________ 06 * Section 1. AS 09.40.230 is amended by adding new subsections to read: 07 (b) Unless exempt under AS 09.68.040(a), a party seeking a restraining order, 08 preliminary injunction, or order staying the operation of a permit that affects an 09 industrial operation shall give security, in an amount the court considers proper, for 10 costs that may be incurred and damages that may be suffered by the industrial 11 operation if the industrial operation is wrongfully enjoined or restrained. Upon request 12 of any party and when that party presents evidence, one relevant factor the court shall 13 consider is the amount of wages and benefits for employees and payment to 14 contractors and subcontractors of the industrial operation that may be suffered if the 01 industrial operation is wrongfully enjoined or restrained. In this subsection, "industrial 02 operation" includes a construction, energy, or timber activity and oil, gas, and mineral 03 exploration, development, and production. 04 (c) The existence of security under (b) of this section does not 05 (1) prohibit a person who is wrongfully enjoined or restrained from 06 obtaining relief that may be available to that person; or 07 (2) limit the amount that a party may recover in the action. 08 (d) A party is not required to give security under (b) of this section if the 09 challenged permitting decision or authorization is made by 10 (1) the Department of Environmental Conservation under AS 46.03 or 11 AS 46.14 in a program approved or delegated by the United States Environmental 12 Protection Agency; or 13 (2) the Department of Natural Resources under AS 27.21 in a program 14 approved or delegated by the Office of Surface Mining Reclamation and Enforcement 15 in the United States Department of the Interior.