HB 1623

1	A bill to be entitled
2	An act relating to the Florida Coastal Management Program;
3	amending s. 380.23, F.S.; clarifying the list of federally
4	licensed and permitted activities reviewed for consistency
5	under the Florida Coastal Management Program; revising
6	provisions relating to the relicensing of certain power
7	plants; requiring the inclusion of National Environmental
8	Policy Act (NEPA) documents in consistency reviews for
9	certain activities; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Subsections (3) through (8) of section 380.23,
14	Florida Statutes, are amended to read:
15	380.23  Federal consistency.--
16	(3)  Consistency review shall be limited to review of the
17	following activities, uses, and projects to ensure that such
18	activities and uses are conducted in accordance with the state's
19	coastal management program:
20	(a)  Federal development projects and activities of federal
21	agencies which significantly affect coastal waters and the
22	adjacent shorelands of the state.
23	(b)  Federal assistance projects which significantly affect
24	coastal waters and the adjacent shorelands of the state and
25	which are reviewed as part of the review process developed
26	pursuant to Presidential Executive Order 12372.
27	(c)  Federally licensed or permitted activities that affect
28	the land, water, or natural resources of the state when, except
29	for activities subject to the permits and licenses listed in
30	subparagraph 6., affecting land or water uses when such
31	activities are in or seaward of the jurisdiction of local
32	governments required to develop a coastal zone protection
33	element as provided in s. 380.24 and when such activities
34	involve:
35	1.  Permits and licenses required under the Rivers and
36	Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.
37	2.  Permits and licenses required under the Marine
38	Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss.
39	1401-1445 and 16 U.S.C. ss. 1431-1445, as amended.
40	3.  Permits and licenses required under the Federal Water
41	Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as
42	amended, unless such permitting activities have been delegated
43	to the state pursuant to said act.
44	4.  Permits and licenses relating to the transportation of
45	hazardous substance materials or transportation and dumping
46	which are issued pursuant to the Hazardous Materials
47	Transportation Act, 49 U.S.C. ss. 1501 et seq., as amended, or
48	33 U.S.C. s. 1321, as amended.
49	5.  Permits and licenses required under 15 U.S.C. ss. 717-
50	717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss.
51	1331-1356 for construction and operation of interstate gas
52	pipelines and storage facilities.
53	6.  Permits and licenses required under the Federal Power
54	Act, 16 U.S.C. ss. 791a et seq., as amended; the Public Utility
55	Regulatory Policies Act, 16 U.S.C. ss. 2601 et seq., as amended;
56	the Energy Policy Act, 42 U.S.C. ss. 13201 et seq., as amended;
57	and the Atomic Energy Act, 42 U.S.C. ss. 2100 et seq., as
58	amended, for the siting and construction of any new electrical
59	power plants and the relicensing of existing electrical power
60	plants under the laws listed in this subparagraph, but only if
61	the construction of such new power plants or continued operation
62	of such relicensed power plants would not require any state
63	license as defined in s. 403.503(12), as amended.
64	7.  Permits and licenses required under the Mining Law of
65	1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands
66	Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral
67	Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as
68	amended; the Federal Land Policy and Management Act, 43 U.S.C.
69	ss. 1701 et seq., as amended; the Mining in the Parks Act, 16
70	U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43
71	U.S.C. ss. 1331 et seq., as amended, for drilling, and mining,
72	pipelines, geological and geophysical activities, or rights-of-
73	way on public lands and permits and licenses required under the
74	Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as
75	amended.
76	8.  Permits and licenses for areas leased under the OCS
77	Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including
78	leases and approvals of exploration, development, and production
79	plans.
80	9.  Permits for pipeline rights-of-way for oil and gas
81	transmissions.
82	9.10.  Permits and licenses required for deepwater ports
83	under the Deepwater Port Act of 1974, 33 U.S.C. ss. 1501 et seq.
84	s. 1503, as amended.
85	10.11.  Permits required for the taking of marine mammals
86	under the Marine Mammal Protection Act of 1972, as amended, 16
87	U.S.C. s. 1374.
88	(d)  Federal activities within the territorial limits of
89	neighboring states when the Governor and the department
90	determine that significant individual or cumulative impact to
91	the land or water resources of the state would result from the
92	activities.
93	(4)  The department is authorized to adopt rules
94	establishing procedures for conducting consistency reviews of
95	activities, uses, and projects for which consistency review is
96	required pursuant to subsections (1), (2), and (3). Such rules
97	shall include procedures for the expeditious handling of
98	emergency repairs to existing facilities for which consistency
99	review is required. The department is also authorized to adopt
100	rules prescribing the data and information necessary needed for
101	state the review of consistency certifications and
102	determinations. When National Environmental Policy Act (NEPA)
103	documents are required for a specific activity, use, or project
104	subject to review under this section, such documents shall be
105	deemed necessary data and information for the consistency review
106	of all OCS activities and other activities, uses, and projects
107	deemed significant by the department. This requirement applies
108	only to NEPA documents prepared for the specific activity, use,
109	or project.
110	(5)  In any coastal management program submitted to the
111	appropriate federal agency for its approval pursuant to this
112	act, the department shall specifically waive its right to
113	determine the consistency with the coastal management program of
114	all federally licensed or permitted activities not specifically
115	listed in subsection (3).
116	(5)(6)  Agencies authorized to review and comment on the
117	consistency of federal activities subject to state review under
118	the Florida Coastal Management Program are those agencies
119	charged with the implementation of the statutes and rules
120	included in the federally approved program. Each agency shall be
121	afforded an opportunity to provide the department or the state
122	licensing agency with its comments and determination regarding
123	the consistency of the federal activity with the statutes and
124	rules included in the federally approved program implemented by
125	the agency. An agency that submits a determination of
126	inconsistency to the department or a state licensing agency
127	shall be an indispensable party to any administrative or
128	judicial proceeding in which such determination is an issue,
129	shall be responsible for defending its determination in such
130	proceedings, and shall be liable for any damages, costs, and
131	attorney's fees awarded in the action as a consequence of such
132	determination.
133	(6)(7)  Agencies shall not review for federal consistency
134	purposes an application for a federally licensed or permitted
135	activity if the activity is vested, exempted, or excepted under
136	its own regulatory authority.
137	(7)(8)  The department shall review the items listed in
138	subsection (3) to determine if in certain circumstances such
139	items would constitute minor permit activities. If the
140	department determines that the list contains minor permit
141	activities, it may by rule establish a program of general
142	concurrence pursuant to federal regulation which shall allow
143	similar minor activities, in the same geographic area, to
144	proceed without prior department review for federal consistency.
145	Section 2.  This act shall take effect upon becoming a law.

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