A department must extend certain resource extraction or removal permits when the permittee cannot proceed because of another person’s review challenge and later wins the right to proceed, but only if listed notice and federal/state-law conditions are satisfied.
Chapter 35. Permit Extension. Secs. 46.35.010 46.35.210. Environmental procedures coordination and extension. [Repealed, § 4, ch. 23, SLA 2003.] Sec. 46.35.300. Extension of resource extraction or removal related permits. (a) The department that issued the permit shall extend a resource removal or extraction permit when the permittee (1) is unwilling to engage in the resource removal or extraction activity allowed under the permit due to the actions of another person, other than the state, seeking administrative or judicial review of the issuance or validity of the permit or another permit, or a permit, lease, authorization, or license issued by the federal government, relating to the same resource removal or extraction activity; and (2) at the conclusion of the legal proceedings is allowed to proceed with the resource removal or extraction activity. (b) A department may not extend a permit under (a) of this section (1) unless (A) the permittee notifies the department that issued the permit of the legal proceedings and provides a sworn statement that the permittee is unwilling to engage in the permitted activity due to the proceedings; and (B) upon the conclusion of the legal proceedings, the permittee notifies the department of the conclusion of the proceedings and the outcome of the proceedings; (2) for any period that the permittee has engaged in the resource removal or extraction activity authorized under the permit; (3) if the extension is prohibited by or otherwise inconsistent with federal law applicable to the permitted activity; (4) if another provision of state law, or a regulation, or contractual provision authorizes an extension, or otherwise stays the running, of the permit. (c) A permittee receiving an extension of a permit under this section is subject to the rights, conditions, and liabilities the permittee would have had under the original permit if the permit had not been extended. (d) An extension of a permit under this section may only be for the length of time equivalent to the period from the date the department receives the notice and sworn statement under (b) of this section until the conclusion of the legal proceedings that allow the permittee to engage in the resource removal or extraction activity. (e) The Department of Environmental Conservation, the Department of Fish and Game, and the Department of Natural Resources shall adopt regulations to implement this section. (f) In this section, (1) legal proceedings means, as appropriate, administrative proceedings not followed by judicial proceedings, administrative proceedings followed by judicial proceedings, or judicial proceedings not preceded by administrative proceedings; (2) permit means a permit, lease, authorization, license, or another determination necessary for or related to resource extraction or removal that is issued by the Department of Environmental Conservation, the Department of Fish and Game, or the Department of Natural Resources.