Senate Bill sb2688

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    Florida Senate - 2003                                  SB 2688

    By Senator Jones





    13-959-03

  1                      A bill to be entitled

  2         An act relating to coastal redevelopment hazard

  3         mitigation; providing a short title; amending

  4         s. 163.3164, F.S.; defining the term "local

  5         hazard mitigation strategy"; amending s.

  6         163.3177, F.S.; providing an additional

  7         requirement in the comprehensive plan

  8         concerning hazard mitigation; amending s.

  9         163.3178, F.S.; revising language with respect

10         to coastal management; authorizing a

11         demonstration project in certain counties to

12         allow for the redevelopment of coastal areas

13         within the designated coastal high hazard area;

14         providing conditions; providing for application

15         by a local government; providing for a written

16         agreement between the state land planning

17         agency and the local government; providing for

18         a progress report; amending ss. 186.515,

19         288.975, and 369.303, F.S.; correcting

20         cross-references to conform; providing an

21         effective date.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Popular name.--This act may be cited as

26  "The Coastal Redevelopment Hazard Mitigation Demonstration

27  Project Act."

28         Section 2.  Section 163.3164, Florida Statutes, is

29  amended to read:

30  

31  

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 1         163.3164  Local Government Comprehensive Planning and

 2  Land Development Regulation Act; definitions. As used in this

 3  act:

 4         (1)  "Administration Commission" means the Governor and

 5  the Cabinet, and for purposes of this chapter the commission

 6  shall act on a simple majority vote, except that for purposes

 7  of imposing the sanctions provided in s. 163.3184(11),

 8  affirmative action shall require the approval of the Governor

 9  and at least three other members of the commission.

10         (2)  "Area" or "area of jurisdiction" means the total

11  area qualifying under the provisions of this act, whether this

12  be all of the lands lying within the limits of an incorporated

13  municipality, lands in and adjacent to incorporated

14  municipalities, all unincorporated lands within a county, or

15  areas comprising combinations of the lands in incorporated

16  municipalities and unincorporated areas of counties.

17         (3)  "Coastal area" means the 35 coastal counties and

18  all coastal municipalities within their boundaries designated

19  coastal by the state land planning agency.

20         (4)  "Comprehensive plan" means a plan that meets the

21  requirements of ss. 163.3177 and 163.3178.

22         (5)  "Developer" means any person, including a

23  governmental agency, undertaking any development as defined in

24  this act.

25         (6)  "Development" has the meaning given it in s.

26  380.04.

27         (7)  "Development order" means any order granting,

28  denying, or granting with conditions an application for a

29  development permit.

30         (8)  "Development permit" includes any building permit,

31  zoning permit, subdivision approval, rezoning, certification,

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 1  special exception, variance, or any other official action of

 2  local government having the effect of permitting the

 3  development of land.

 4         (9)  "Governing body" means the board of county

 5  commissioners of a county, the commission or council of an

 6  incorporated municipality, or any other chief governing body

 7  of a unit of local government, however designated, or the

 8  combination of such bodies where joint utilization of the

 9  provisions of this act is accomplished as provided herein.

10         (10)  "Governmental agency" means:

11         (a)  The United States or any department, commission,

12  agency, or other instrumentality thereof.

13         (b)  This state or any department, commission, agency,

14  or other instrumentality thereof.

15         (c)  Any local government, as defined in this section,

16  or any department, commission, agency, or other

17  instrumentality thereof.

18         (d)  Any school board or other special district,

19  authority, or governmental entity.

20         (11)  "Land" means the earth, water, and air, above,

21  below, or on the surface, and includes any improvements or

22  structures customarily regarded as land.

23         (12)  "Land use" means the development that has

24  occurred on the land, the development that is proposed by a

25  developer on the land, or the use that is permitted or

26  permissible on the land under an adopted comprehensive plan or

27  element or portion thereof, land development regulations, or a

28  land development code, as the context may indicate.

29         (13)  "Local government" means any county or

30  municipality.

31  

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 1         (14)  "Local hazard mitigation strategy" means a local

 2  plan required under section 322 of the Robert T. Stafford

 3  Disaster Relief and Emergency Assistance Act, enacted by

 4  section 104 of the Disaster Mitigation Act of 2000 (Pub. L.

 5  No. 106-390) to promote hazard mitigation and to manage

 6  disaster redevelopment.

 7         (15)(14)  "Local planning agency" means the agency

 8  designated to prepare the comprehensive plan or plan

 9  amendments required by this act.

10         (16)(15)  A "newspaper of general circulation" means a

11  newspaper published at least on a weekly basis and printed in

12  the language most commonly spoken in the area within which it

13  circulates, but does not include a newspaper intended

14  primarily for members of a particular professional or

15  occupational group, a newspaper whose primary function is to

16  carry legal notices, or a newspaper that is given away

17  primarily to distribute advertising.

18         (17)(16)  "Parcel of land" means any quantity of land

19  capable of being described with such definiteness that its

20  locations and boundaries may be established, which is

21  designated by its owner or developer as land to be used, or

22  developed as, a unit or which has been used or developed as a

23  unit.

24         (18)(17)  "Person" means an individual, corporation,

25  governmental agency, business trust, estate, trust,

26  partnership, association, two or more persons having a joint

27  or common interest, or any other legal entity.

28         (19)(18)  "Public notice" means notice as required by

29  s. 125.66(2) for a county or by s. 166.041(3)(a) for a

30  municipality. The public notice procedures required in this

31  part are established as minimum public notice procedures.

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 1         (20)(19)  "Regional planning agency" means the agency

 2  designated by the state land planning agency to exercise

 3  responsibilities under law in a particular region of the

 4  state.

 5         (21)(20)  "State land planning agency" means the

 6  Department of Community Affairs.

 7         (22)(21)  "Structure" has the meaning given it by s.

 8  380.031(19).

 9         (23)(22)  "Land development regulation commission"

10  means a commission designated by a local government to develop

11  and recommend, to the local governing body, land development

12  regulations which implement the adopted comprehensive plan and

13  to review land development regulations, or amendments thereto,

14  for consistency with the adopted plan and report to the

15  governing body regarding its findings. The responsibilities of

16  the land development regulation commission may be performed by

17  the local planning agency.

18         (24)(23)  "Land development regulations" means

19  ordinances enacted by governing bodies for the regulation of

20  any aspect of development and includes any local government

21  zoning, rezoning, subdivision, building construction, or sign

22  regulations or any other regulations controlling the

23  development of land, except that this definition shall not

24  apply in s. 163.3213.

25         (25)(24)  "Public facilities" means major capital

26  improvements, including, but not limited to, transportation,

27  sanitary sewer, solid waste, drainage, potable water,

28  educational, parks and recreational, and health systems and

29  facilities, and spoil disposal sites for maintenance dredging

30  located in the intracoastal waterways, except for spoil

31  

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 1  disposal sites owned or used by ports listed in s.

 2  403.021(9)(b).

 3         (26)(25)  "Downtown revitalization" means the physical

 4  and economic renewal of a central business district of a

 5  community as designated by local government, and includes both

 6  downtown development and redevelopment.

 7         (27)(26)  "Urban redevelopment" means demolition and

 8  reconstruction or substantial renovation of existing buildings

 9  or infrastructure within urban infill areas or existing urban

10  service areas.

11         (28)(27)  "Urban infill" means the development of

12  vacant parcels in otherwise built-up areas where public

13  facilities such as sewer systems, roads, schools, and

14  recreation areas are already in place and the average

15  residential density is at least five dwelling units per acre,

16  the average nonresidential intensity is at least a floor area

17  ratio of 1.0 and vacant, developable land does not constitute

18  more than 10 percent of the area.

19         (29)(28)  "Projects that promote public transportation"

20  means projects that directly affect the provisions of public

21  transit, including transit terminals, transit lines and

22  routes, separate lanes for the exclusive use of public transit

23  services, transit stops (shelters and stations), office

24  buildings or projects that include fixed-rail or transit

25  terminals as part of the building, and projects which are

26  transit oriented and designed to complement reasonably

27  proximate planned or existing public facilities.

28         (30)(29)  "Existing urban service area" means built-up

29  areas where public facilities and services such as sewage

30  treatment systems, roads, schools, and recreation areas are

31  already in place.

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 1         (31)(30)  "Transportation corridor management" means

 2  the coordination of the planning of designated future

 3  transportation corridors with land use planning within and

 4  adjacent to the corridor to promote orderly growth, to meet

 5  the concurrency requirements of this chapter, and to maintain

 6  the integrity of the corridor for transportation purposes.

 7         (32)(31)  "Optional sector plan" means an optional

 8  process authorized by s. 163.3245 in which one or more local

 9  governments by agreement with the state land planning agency

10  are allowed to address development-of-regional-impact issues

11  within certain designated geographic areas identified in the

12  local comprehensive plan as a means of fostering innovative

13  planning and development strategies in s. 163.3177(11)(a) and

14  (b), furthering the purposes of this part and part I of

15  chapter 380, reducing overlapping data and analysis

16  requirements, protecting regionally significant resources and

17  facilities, and addressing extrajurisdictional impacts.

18         Section 3.  Paragraphs (a) and (g) of subsection (6) of

19  section 163.3177, Florida Statutes, are amended to read:

20         163.3177  Required and optional elements of

21  comprehensive plan; studies and surveys.--

22         (6)  In addition to the requirements of subsections

23  (1)-(5), the comprehensive plan shall include the following

24  elements:

25         (a)  A future land use plan element designating

26  proposed future general distribution, location, and extent of

27  the uses of land for residential uses, commercial uses,

28  industry, agriculture, recreation, conservation, education,

29  public buildings and grounds, other public facilities, and

30  other categories of the public and private uses of land. Each

31  future land use category must be defined in terms of uses

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 1  included, and must include standards to be followed in the

 2  control and distribution of population densities and building

 3  and structure intensities. The proposed distribution,

 4  location, and extent of the various categories of land use

 5  shall be shown on a land use map or map series which shall be

 6  supplemented by goals, policies, and measurable objectives.

 7  The future land use plan shall be based upon surveys, studies,

 8  and data regarding the area, including the amount of land

 9  required to accommodate anticipated growth; the projected

10  population of the area; the character of undeveloped land; the

11  availability of public services; the vulnerability to natural

12  hazards and hazard mitigation; the need for redevelopment,

13  including the renewal of blighted areas and the elimination of

14  nonconforming uses which are inconsistent with the character

15  of the community; and, in rural communities, the need for job

16  creation, capital investment, and economic development that

17  will strengthen and diversify the community's economy. The

18  future land use plan may designate areas for future planned

19  development use involving combinations of types of uses for

20  which special regulations may be necessary to ensure

21  development in accord with the principles and standards of the

22  comprehensive plan and this act. In addition, for rural

23  communities, the amount of land designated for future planned

24  industrial use shall be based upon surveys and studies that

25  reflect the need for job creation, capital investment, and the

26  necessity to strengthen and diversify the local economies, and

27  shall not be limited solely by the projected population of the

28  rural community. The future land use plan of a county may also

29  designate areas for possible future municipal incorporation.

30  The land use maps or map series shall generally identify and

31  depict historic district boundaries and shall designate

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 1  historically significant properties meriting protection. The

 2  future land use element must clearly identify the land use

 3  categories in which public schools are an allowable use. When

 4  delineating the land use categories in which public schools

 5  are an allowable use, a local government shall include in the

 6  categories sufficient land proximate to residential

 7  development to meet the projected needs for schools in

 8  coordination with public school boards and may establish

 9  differing criteria for schools of different type or size. Each

10  local government shall include lands contiguous to existing

11  school sites, to the maximum extent possible, within the land

12  use categories in which public schools are an allowable use.

13  All comprehensive plans must comply with the school siting

14  requirements of this paragraph no later than October 1, 1999.

15  The failure by a local government to comply with these school

16  siting requirements by October 1, 1999, will result in the

17  prohibition of the local government's ability to amend the

18  local comprehensive plan, except for plan amendments described

19  in s. 163.3187(1)(b), until the school siting requirements are

20  met. Amendments proposed by a local government for purposes of

21  identifying the land use categories in which public schools

22  are an allowable use or for adopting or amending the

23  school-siting maps pursuant to s. 163.31776(3) are exempt from

24  the limitation on the frequency of plan amendments contained

25  in s. 163.3187. The future land use element shall include

26  criteria that encourage the location of schools proximate to

27  urban residential areas to the extent possible and shall

28  require that the local government seek to collocate public

29  facilities, such as parks, libraries, and community centers,

30  with schools to the extent possible and to encourage the use

31  of elementary schools as focal points for neighborhoods. For

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 1  schools serving predominantly rural counties, defined as a

 2  county with a population of 100,000 or fewer, an agricultural

 3  land use category shall be eligible for the location of public

 4  school facilities if the local comprehensive plan contains

 5  school siting criteria and the location is consistent with

 6  such criteria.

 7         (g)  For those units of local government identified in

 8  s. 380.24, a coastal management element, appropriately related

 9  to the particular requirements of paragraphs (d) and (e) and

10  meeting the requirements of s. 163.3178(2) and (3). The

11  coastal management element shall set forth the policies that

12  shall guide the local government's decisions and program

13  implementation with respect to the following objectives:

14         1.  Maintenance, restoration, and enhancement of the

15  overall quality of the coastal zone environment, including,

16  but not limited to, its amenities and aesthetic values.

17         2.  Continued existence of viable populations of all

18  species of wildlife and marine life.

19         3.  The orderly and balanced utilization and

20  preservation, consistent with sound conservation principles,

21  of all living and nonliving coastal zone resources.

22         4.  Avoidance of irreversible and irretrievable loss of

23  coastal zone resources.

24         5.  Ecological planning principles and assumptions to

25  be used in the determination of suitability and extent of

26  permitted development.

27         6.  Proposed management and regulatory techniques.

28         7.  Limitation of public expenditures that subsidize

29  development in high-hazard coastal areas.

30  

31  

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 1         8.  Protection of human life against the effects of

 2  natural disasters and implementation of local hazard

 3  mitigation strategies.

 4         9.  The orderly development, maintenance, and use of

 5  ports identified in s. 403.021(9) to facilitate deepwater

 6  commercial navigation and other related activities.

 7         10.  Preservation, including sensitive adaptive use of

 8  historic and archaeological resources.

 9         Section 4.  Paragraphs (d) and (f) of subsection (2) of

10  section 163.3178, Florida Statutes, are amended, and

11  subsection (9) is added to that section, to read:

12         163.3178  Coastal management.--

13         (2)  Each coastal management element required by s.

14  163.3177(6)(g) shall be based on studies, surveys, and data;

15  be consistent with coastal resource plans prepared and adopted

16  pursuant to general or special law; and contain:

17         (d)  A component which outlines principles for hazard

18  mitigation and protection of human life and property against

19  the effects of natural disaster, including population

20  evacuation and local hazard mitigation strategies, which take

21  into consideration the capability to safely evacuate the

22  density of coastal population proposed in the future land use

23  plan element in the event of an impending natural disaster.

24         (f)  A redevelopment component which outlines the

25  principles which shall be used to eliminate inappropriate and

26  unsafe development in the coastal areas when opportunities

27  arise. In recognition of the need to balance redevelopment,

28  the protection of human life and property, and public

29  investment in infrastructure, as a demonstration project up to

30  five local governments or a combination of local governments

31  may amend their comprehensive plans to allow for the

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 1  redevelopment of coastal areas within the designated coastal

 2  high hazard area. The application must include the

 3  participation of the county emergency management agency, as

 4  provided in s. 252.38, in which the local government or local

 5  governments are located.

 6         1.  To be eligible for the coastal redevelopment

 7  demonstration project, the following conditions must be met:

 8  the area must be part of a comprehensive redevelopment

 9  strategy that is incorporated into the comprehensive plan; the

10  area must be consistent with the definition of "urban infill"

11  or "urban redevelopment"; the area must not be within a

12  designated area of critical state concern; the comprehensive

13  plan must delineate the coastal high hazard area consistent

14  with this part; and the county emergency management agency

15  must affirm in writing its intent to participate in the

16  demonstration project.

17         2.  In order to allow for redevelopment within the

18  coastal high hazard area beyond that provided in the existing

19  approved comprehensive plan, the local government or

20  combination of local governments, authorized by agreement

21  pursuant to paragraph (9)(b) to pursue the demonstration

22  project, shall adopt into the comprehensive plan a

23  redevelopment strategy consistent with the requirements of

24  paragraph (6)(a), and local hazard mitigation strategies, that

25  include the following components:

26         a.  Measures to reduce, replace, or eliminate unsafe

27  structures and properties subject to repetitive damage from

28  coastal storms and floods;

29         b.  Measures to reduce exposure of infrastructure to

30  hazards, including relocation or structural modification of

31  threatened coastal infrastructure;

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 1         c.  Operational and capacity improvements to ensure

 2  that the redevelopment strategy maintains, or reduces,

 3  throughout the planning timeframe the county hurricane

 4  evacuation clearance times as established in the most recent

 5  hurricane evacuation study or transportation analysis;

 6         d.  Where the county hurricane evacuation clearance

 7  times exceed 16 hours for a Category 3 storm event, measures

 8  to ensure that the redevelopment strategy reduces the county

 9  shelter deficit and hurricane clearance times to adequate

10  levels below 16 hours within the planning timeframe;

11         e.  Measures that provide for county evacuation shelter

12  space to ensure that development authorized within the

13  redevelopment area provides mitigation proportional to its

14  impact to offset the increased demand on evacuation clearance

15  times and public shelter space;

16         f.  Measures to ensure that public expenditures that

17  subsidize development in the most vulnerable areas of the

18  coastal high hazard area are limited, except for that needed

19  to provide for public access to the beach and shoreline,

20  restore beaches and dunes and other natural systems, correct

21  existing hurricane evacuation deficiencies, or to make

22  facilities more disaster resistant;

23         g.  Measures that commit to planning and regulatory

24  standards that exceed minimum National Flood Insurance

25  Standards, including participation in the Community Rating

26  System of the National Flood Insurance Program;

27         h.  Measures to ensure that the redevelopment strategy

28  does not allow increases in development, including residential

29  and transient residential development such as hotels, motels,

30  timeshares, and vacation rentals, within the most vulnerable

31  areas of the coastal high hazard area, including the Flood

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 1  Insurance Rate Map velocity zones, and areas subject to

 2  coastal erosion, including lands seaward of the coastal

 3  construction control line;

 4         i.  Measures to ensure protection of coastal resources,

 5  including beach and dune systems, and provide for public

 6  access to the beach and shoreline consistent with estimated

 7  public needs;

 8         j.  A vision that establishes the preferred character

 9  of the community and how that will be achieved;

10         k.  Data and analysis that show what costs, including

11  the potential costs of damage to structures, property, and

12  infrastructure would be less than that expected without the

13  redevelopment strategy;

14         1.  Data and analysis forecasting the impacts on

15  clearance times, based on the population anticipated by the

16  redevelopment strategy; and

17         m.  The execution of an interlocal agreement, as

18  supporting data and analysis, between the local government or

19  a combination of local governments participating in the

20  project with their respective county emergency management

21  agencies and any affected municipalities to implement

22  mitigation strategies to reduce hurricane evacuation clearance

23  times and public shelter deficit.

24         (9)(a)  A local government seeking to implement the

25  coastal redevelopment demonstration project pursuant to

26  paragraph (2)(f) must submit an application to the state land

27  planning agency demonstrating that the project meets the

28  conditions of subparagraph (2)(f)1. The application shall

29  include copies of the local government comprehensive plan and

30  other relevant information supporting the proposed

31  demonstration project. The state land planning agency may

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 1  adopt procedural rules governing the submission and review of

 2  applications, may establish a phased schedule for review of

 3  applications, and shall provide the Federal Emergency Planning

 4  Agency and the Division of Emergency Management with an

 5  opportunity to comment on the application.

 6         (b)  If the local government meets the conditions of

 7  subparagraph (2)(f)1., the state land planning agency and the

 8  local government shall execute a written agreement that is

 9  considered final agency action subject to challenge under s.

10  120.569. The written agreement shall delineate the area

11  subject to the increase in development potential, including

12  residential and transient residential development, state the

13  amount of such increase; identify the most vulnerable areas of

14  the coastal high hazard area which are not subject to

15  increases in development, and describe how the conditions of

16  subparagraph (2)(f)2. are to be met. The state land planning

17  agency shall coordinate the review of hazard mitigation

18  strategies with the Federal Emergency Management Agency and

19  the Division of Emergency Management and include in the

20  written agreement conditions necessary to be addressed in the

21  comprehensive plan to meet the requirements of hurricane

22  evacuation, shelter, and hazard mitigation. The agreement

23  shall specify procedures for public participation and

24  intergovernmental coordination with the county emergency

25  management agency and any affected municipalities regarding

26  hurricane evacuation and shelter requirements. The local

27  governments shall provide an opportunity for public comment at

28  a public hearing before execution of the agreement. Upon

29  execution of the written agreement, the local government may

30  propose plan amendments that are authorized by the agreement.

31  

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 1  However, plan amendments may not be adopted until the

 2  completion of any challenges to an agreement under s. 120.569.

 3         (c)  The state land planning agency shall provide a

 4  progress report on the project to the Governor, the President

 5  of the Senate, and the Speaker of the House of Representatives

 6  by February 1, 2005.

 7         Section 5.  Section 186.515, Florida Statutes, is

 8  amended to read:

 9         186.515  Creation of regional planning councils under

10  chapter 163.--Nothing in ss. 186.501-186.507, 186.513, and

11  186.515 is intended to repeal or limit the provisions of

12  chapter 163; however, the local general-purpose governments

13  serving as voting members of the governing body of a regional

14  planning council created pursuant to ss. 186.501-186.507,

15  186.513, and 186.515 are not authorized to create a regional

16  planning council pursuant to chapter 163 unless an agency,

17  other than a regional planning council created pursuant to ss.

18  186.501-186.507, 186.513, and 186.515, is designated to

19  exercise the powers and duties in any one or more of ss.

20  163.3164(20)(19) and 380.031(15); in which case, such a

21  regional planning council is also without authority to

22  exercise the powers and duties in s. 163.3164(20)(19) or s.

23  380.031(15).

24         Section 6.  Paragraph (a) of subsection (2) of section

25  288.975, Florida Statutes, is amended to read:

26         288.975  Military base reuse plans.--

27         (2)  As used in this section, the term:

28         (a)  "Affected local government" means a local

29  government adjoining the host local government and any other

30  unit of local government that is not a host local government

31  but that is identified in a proposed military base reuse plan

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 1  as providing, operating, or maintaining one or more public

 2  facilities as defined in s. 163.3164(25)(24) on lands within

 3  or serving a military base designated for closure by the

 4  Federal Government.

 5         Section 7.  Subsection (5) of section 369.303, Florida

 6  Statutes, is amended to read:

 7         369.303  Definitions.--As used in this part:

 8         (5)  "Land development regulation" means a regulation

 9  covered by the definition in s. 163.3164(24)(23) and any of

10  the types of regulations described in s. 163.3202.

11         Section 8.  This act shall take effect upon becoming a

12  law.

13  

14            *****************************************

15                          SENATE SUMMARY

16    Revises provisions relating to coastal redevelopment
      hazard mitigation. Authorizes a demonstration project in
17    certain counties to allow for the redevelopment of
      coastal areas within the designated coastal high hazard
18    area. Provides for applications by local governments.
      Conforms provisions. (See bill for details.)
19  

20  

21  

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CODING: Words stricken are deletions; words underlined are additions.