2011-Op. (Nov. 29).

• Case Date: November 29, 2011
• Court: Alaska

Alaska Attorney General Opinions 2011. 2011-Op. (Nov. 29). November 29, 2011The Honorable Mead Treadwell Lieutenant Governor P.O. Box 110015 Juneau, Alaska 99811-0015Re: Review of 11ACMP Initiative Application A.G. File No. JU2011200659Dear Lieutenant Governor Treadwell: You have asked us to review an application for an initiative entitled "An Act establishing the Alaska Coastal Management Program." Despite numerous potential constitutional concerns with this initiative bill as discussed herein, and numerous irregularities involving draftsmanship, inconsistencies, and ambiguities in the bill itself, the application complies with the specific constitutional and statutory provisions governing the initiative process and we therefore recommend that you certify the application. I. SUMMARY OF THE PROPOSED BILL A. BRIEF SUMMARY AND BACKGROUND The bill proposed by this initiative would create an Alaska Coastal Management Program (hereafter "ACMP"). In 2005, the legislature repealed the state's prior coastal management program with an effective sunset date of July 1, 2011.(fn1) On June 28, 2011, the legislature adjourned the second of two special sessions without passing legislation required to extend the prior coastal management program. Because the prior coastal management program was fully repealed, the similarities and differences between this initiative bill and the prior program are irrelevant unless expressly noted otherwise. Therefore we must analyze the initiative bill on its own merits. B. SECTIONAL SUMMARY The bill proposed by this initiative is 15 pages long, double-spaced, and consists of one designated section containing 18 new statutory provisions. The bill amends Title 46 of the Alaska Statutes by adding a new chapter entitled "Alaska Coastal Management Program." The 18 new statutory provisions are summarized as follows:

* AS 46.41.010. Coastal Policy Board. This provision would create operational criteria for a 13-member Coastal Policy Board in the Department of Commerce, Community and Economic Development (hereafter "the Department of Commerce"). The 13 governor-appointed members would include nine coastal resource district representatives and the four state commissioners from the Alaska Department of Environmental Conservation, the Alaska Department of Fish and Game, the Alaska Department of Natural Resources, and the Alaska Department of Commerce.

* AS 46.41.020. Powers and duties of the board. This provision describes the proposed powers and duties of the Coastal Policy Board. In significant part, this provision would require the Coastal Policy Board to develop an interagency program of strategic coastal and ocean planning for each geographic region of the state. The provision also lists a number of other duties, such as to direct the Department of Commerce to seek required federal approval of the ACMP; to review, approve, and evaluate coastal district management plans; to establish coordination among state agencies to facilitate the ACMP; to contract for necessary services; to apply for and accept grants, contributions, and appropriations; and to review and approve regulations necessary to implement the coastal management program under this chapter and the federal Coastal Zone Management Act.

* AS 46.41.030. Division of Coastal Management. This provision would create a division of ocean and coastal management within the Department of Commerce. The division's duties would include issuing state consistency determinations and responding to federal consistency determinations and certifications; adopting regulations approved by the Coastal Policy Board; providing data and information to coastal districts to carry out their planning and management functions; and developing and maintaining a financial assistance program to help coastal districts.

* AS 46.41.040. Development of Alaska Coastal Management Program. This provision would direct the promulgation of regulations for statewide coastal standards, and the criteria and procedures for the preparation and approval of district coastal management plans and consistency review procedures for coastal projects. It would also restore the coastal districts, coastal district boundaries, and approved coastal management plans that were in effect as of June 30, 2011.

* AS 46.41.050. Objectives. This provision establishes objectives for the ACMP, which are largely the same as those in the prior coastal management program. The provision adds that the coast should be used, managed, restored, and enhanced "for this and succeeding generations." It also adds three objectives: (1) the coordination of coastal planning among government and citizens; (2) public and government participation in the program; and (3) the requirement that state agencies comply with the program.

* AS 46.41.060. Development of district coastal management plans. This provision would require coastal districts to develop and adopt district coastal management plans, and would provide requirements for the plans and for the plans' policies.

* AS 46.41.070. Submission of district plans by coastal districts. This provision would require coastal districts to review their coastal management plans within one year after the effective date of implementing regulations and submit any necessary changes to the plans to the Department of Commerce for review and approval by the Coastal Policy Board.

* AS 46.41.080. Implementation of district coastal management plans. This provision would require districts to implement plans when the district has and exercises zoning or other controls on the use of resources within the district. Where a district does not have or exercise zoning or other controls on the use of resources, state agencies would implement the district plan.

* AS 46.41.090. Compliance and enforcement. This provision would require municipalities and state resource agencies to administer land and water use regulations or controls in conformity with district plans, and states that the superior court has jurisdiction to enforce lawful orders of the board and the Department of Commerce.

* AS 46.41.100. Coastal management plans in the unorganized borough. This provision would require coastal resource service areas in unorganized boroughs to exercise all authorities and perform duties required by the chapter.

* AS 46.41.110. Coastal resource service areas. This provision would provide for the establishment of coastal resource service areas and allow such areas to be geographically linked to pre-existing regional educational attendance areas established under AS 14.08.031.

* AS 46.41.120. Organization of a coastal resource service area. This provision would permit the organization of coastal resource service areas by petition of voters within the area or by resolution approved by the relevant city or village council and submitted to the voters at an election at the council's request.

* AS 46.41.130. Coastal resource service area boards. This provision would create elected boards consisting of seven members each, representing the population of the coastal resource service areas. The boards would have the powers and duties of coastal districts.

* AS 46.41.140. Elections in coastal resource service areas. This provision would establish that the lieutenant governor would administer elections of board members of coastal resource service areas and could adopt regulations for these elections.

* AS 46.41.150. Preparation of district coastal management program by the Department of Commerce. This provision would allow the Coastal Policy Board to submit a district plan to the legislature for consideration if a coastal resource service area rejects organization. At the request of the Coastal Policy Board, the Department of Commerce would complete a district plan for a coastal resource service area that has been organized but that has failed on its own to make substantial progress in the plan.

* AS 46.41.160. Approval of plans in coastal resource service areas. This provision would

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