Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 50 - Air Quality Control › Article 7 - Conformity › 18 AAC 50.745 - Resolving conflicts

Current through May 31, 2024
(a) If during the interagency consultation
				process under
				18 AAC 50.700 -
				18 AAC 50.750 a conflict arises
				between state agencies or between state and local agencies, and the conflict
				cannot be resolved by the heads of the involved agencies, the department will
				refer the conflict to the governor for resolution. A conformity determination
				that is the subject of conflict resolution under this section must have the
				governor's concurrence to be final.
(b) The department will make the referral to the governor not
				later than 14 calendar days after notification or a determination that the
				conflict cannot be resolved. The 14-day period starts when the metropolitan
				planning organization or the Department of Transportation and Public Facilities
				confirms receipt of the comments of the department. The department will provide
				the participating agencies under
				18 AAC 50.715(a)(2) with a copy of its
				referral to the governor.
(c) If
				the department does not make a referral to the governor during the 14-day
				period described in (b) of this section, the sponsoring agency described in
				18 AAC 50.705(b),
				metropolitan planning organization, or Department of Transportation and Public
				Facilities may proceed with the final conformity determination.
(d) Not later than 14 days after the
				metropolitan planning organization notifies the department of the resolution of
				all comments on a proposed conformity determination or other policy decision
				during the interagency consultation process under
				18 AAC 50.700 -
				18 AAC 50.750, and if the
				Department of Transportation and Public Facilities disputes those comments, the
				Department of Transportation and Public Facilities shall refer the proposed
				conformity determination or other policy decision to the governor for
				resolution. The 14-day period starts when the metropolitan planning
				organization has confirmed receipt by the department of the resolution of the
				comments of the Department of Transportation and Public Facilities.
(e) If the Department of Transportation and
				Public Facilities makes a referral to the governor, the final conformity
				determination or other final policy decision must have the concurrence of the
				governor.
(f) The Department of
				Transportation and Public Facilities shall provide the metropolitan planning
				organization and the department with a copy of the referral to the governor
				under (d) of this section. If the Department of Transportation and Public
				Facilities does not make a referral to the governor during the 14-day period
				described in (d) of this section, the metropolitan planning organization may
				proceed with the final conformity determination or other final pol icy
				decision.
(g) The governor may
				delegate the role of resolving a conflict under this section and deciding
				whether to concur in the conformity determination to a state official or agency
				other than
(1) the department;
(2) the Department of Transportation and
				Public Facilities; or
(3) a state
				transportation board or commission.