| 1 | The Water & Natural Resources Committee recommends the |
| 2 | following: |
| 3 |
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| 4 | Council/Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to the Florida Coastal Management Program; |
| 8 | amending s. 380.23, F.S.; clarifying the list of federally |
| 9 | licensed and permitted activities reviewed for consistency |
| 10 | under the Florida Coastal Management Program; revising |
| 11 | provisions relating to the licensing and relicensing of |
| 12 | hydroelectric power plants; requiring the inclusion of |
| 13 | National Environmental Policy Act (NEPA) documents in |
| 14 | consistency reviews for certain activities; providing an |
| 15 | effective date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. Paragraph (c) of subsection (3) and subsection |
| 20 | (4) of section 380.23, Florida Statutes, are amended to read: |
| 21 | 380.23 Federal consistency.-- |
| 22 | (3) Consistency review shall be limited to review of the |
| 23 | following activities, uses, and projects to ensure that such |
| 24 | activities and uses are conducted in accordance with the state's |
| 25 | coastal management program: |
| 26 | (c) Federally licensed or permitted activities affecting |
| 27 | land or water uses when such activities are in or seaward of the |
| 28 | jurisdiction of local governments required to develop a coastal |
| 29 | zone protection element as provided in s. 380.24 and when such |
| 30 | activities involve: |
| 31 | 1. Permits and licenses required under the Rivers and |
| 32 | Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended. |
| 33 | 2. Permits and licenses required under the Marine |
| 34 | Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss. |
| 35 | 1401-1445 and 16 U.S.C. ss. 1431-1445, as amended. |
| 36 | 3. Permits and licenses required under the Federal Water |
| 37 | Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as |
| 38 | amended, unless such permitting activities have been delegated |
| 39 | to the state pursuant to said act. |
| 40 | 4. Permits and licenses relating to the transportation of |
| 41 | hazardous substance materials or transportation and dumping |
| 42 | which are issued pursuant to the Hazardous Materials |
| 43 | Transportation Act, 49 U.S.C. ss. 1501 et seq., as amended, or |
| 44 | 33 U.S.C. s. 1321, as amended. |
| 45 | 5. Permits and licenses required under 15 U.S.C. ss. 717- |
| 46 | 717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss. |
| 47 | 1331-1356 for construction and operation of interstate gas |
| 48 | pipelines and storage facilities. |
| 49 | 6. Permits and licenses required for the siting and |
| 50 | construction of any new electrical power plants as defined in s. |
| 51 | 403.503(12), as amended, and the licensing and relicensing of |
| 52 | hydroelectric power plants under the Federal Power Act, 16 |
| 53 | U.S.C. ss. 791a et seq., as amended. |
| 54 | 7. Permits and licenses required under the Mining Law of |
| 55 | 1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands |
| 56 | Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral |
| 57 | Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as |
| 58 | amended; the Federal Land Policy and Management Act, 43 U.S.C. |
| 59 | ss. 1701 et seq., as amended; the Mining in the Parks Act, 16 |
| 60 | U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43 |
| 61 | U.S.C. ss. 1331 et seq., as amended, for drilling, and mining, |
| 62 | pipelines, geological and geophysical activities, or rights-of- |
| 63 | way on public lands and permits and licenses required under the |
| 64 | Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as |
| 65 | amended. |
| 66 | 8. Permits and licenses for areas leased under the OCS |
| 67 | Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including |
| 68 | leases and approvals of exploration, development, and production |
| 69 | plans. |
| 70 | 9. Permits for pipeline rights-of-way for oil and gas |
| 71 | transmissions. |
| 72 | 9.10. Permits and licenses required for deepwater ports |
| 73 | under the Deepwater Port Act of 1974, 33 U.S.C. ss. 1501 et seq. |
| 74 | s. 1503, as amended. |
| 75 | 10.11. Permits required for the taking of marine mammals |
| 76 | under the Marine Mammal Protection Act of 1972, as amended, 16 |
| 77 | U.S.C. s. 1374. |
| 78 | (4) The department is authorized to adopt rules |
| 79 | establishing procedures for conducting consistency reviews of |
| 80 | activities, uses, and projects for which consistency review is |
| 81 | required pursuant to subsections (1), (2), and (3). Such rules |
| 82 | shall include procedures for the expeditious handling of |
| 83 | emergency repairs to existing facilities for which consistency |
| 84 | review is required. The department is also authorized to adopt |
| 85 | rules prescribing the data and information necessary needed for |
| 86 | state the review of consistency certifications and |
| 87 | determinations. When an environmental impact statement or |
| 88 | environmental assessment required by the National Environmental |
| 89 | Policy Act (NEPA) has been prepared for a specific activity, |
| 90 | use, or project subject to federal consistency review under this |
| 91 | section, the environmental impact statement or environmental |
| 92 | assessment shall be data and information necessary for the |
| 93 | state's consistency review of that federal activity, use, or |
| 94 | project under this section. |
| 95 | Section 2. This act shall take effect upon becoming a law. |