HB 1855

1	A bill to be entitled
2	An act relating to natural resources; amending s. 376.121,
3	F.S.; providing an alternative to the compensation
4	schedule for calculating natural resources damages;
5	revising procedures relating to damage assessment;
6	removing a restriction on amount of compensation; amending
7	s. 380.06, F.S.; revising factors for determining a
8	substantial deviation in developments of regional impact;
9	amending s. 380.23, F.S.; revising the federally licensed
10	or permitted activities subject to consistency review
11	under the coastal management program; requiring certain
12	environmental impact reports to be data and information
13	for the state's consistency reviews; providing an
14	effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Section 376.121, Florida Statutes, is amended
19	to read:
20	376.121  Liability for damage to natural resources.--The
21	Legislature finds that extensive damage to the state's natural
22	resources is the likely result of a pollutant discharge and that
23	it is essential that the state adequately assess and recover the
24	cost of such damage from responsible parties. It is the state's
25	goal to recover the costs of restoration from the responsible
26	parties and to restore damaged natural resources to their
27	predischarge condition. In many instances, however, restoration
28	is not technically feasible. In such instances, the state has
29	the responsibility to its citizens to recover the cost of all
30	damage to natural resources. To ensure that the public does not
31	bear a substantial loss as a result of the destruction of
32	natural resources, the procedures set out in this section shall
33	be used to assess the cost of damage to such resources. Natural
34	resources include coastal waters, wetlands, estuaries, tidal
35	flats, beaches, lands adjoining the seacoasts of the state, and
36	all living things except human beings. The Legislature
37	recognizes the difficulty historically encountered in
38	calculating the value of damaged natural resources. The value of
39	certain qualities of the state's natural resources is not
40	readily quantifiable, yet the resources and their qualities have
41	an intrinsic value to the residents of the state, and any damage
42	to natural resources and their qualities should not be dismissed
43	as nonrecoverable merely because of the difficulty in
44	quantifying their value. In order to avoid unnecessary
45	speculation and expenditure of limited resources to determine
46	these values, the Legislature hereby establishes a schedule for
47	compensation for damage to the state's natural resources and the
48	quality of said resources. As an alternative to the compensation
49	schedule described in subsections (4), (5), (6), and (9), the
50	department, when no responsible party is identified, when a
51	responsible party opts out of the formula pursuant to paragraph
52	(10)(a), or when the department conducts a cooperative damage
53	assessment with federal agencies, may use methods of calculating
54	natural resources damages in accordance with federal rules
55	implementing the Oil Pollution Act of 1990, as amended.
56	(1)  The department shall assess and recover from
57	responsible parties the compensation for the injury or
58	destruction of natural resources, including, but not limited to,
59	the death or injury of living things and damage to or
60	destruction of habitat, resulting from pollutant discharges
61	prohibited by s. 376.041. The amount of compensation and any
62	costs of assessing damage and recovering compensation received
63	by the department shall be deposited into the Florida Coastal
64	Protection Trust Fund pursuant to s. 376.12 and disbursed
65	according to subsection (11). Whoever violates, or causes to be
66	violated, s. 376.041 shall be liable to the state for damage to
67	natural resources.
68	(2)  The compensation schedule for damage to natural
69	resources is based upon the cost of restoration and the loss of
70	ecological, consumptive, intrinsic, recreational, scientific,
71	economic, aesthetic, and educational values of such injured or
72	destroyed resources. The compensation schedule takes into
73	account:
74	(a)  The volume of the discharge.
75	(b)  The characteristics of the pollutant discharged. The
76	toxicity, dispersibility, solubility, and persistence
77	characteristics of a pollutant as affects the severity of the
78	effects on the receiving environment, living things, and
79	recreational and aesthetic resources. Pollutants have varying
80	propensities to injure natural resources based upon their
81	potential exposure and effects. Exposure to natural resources is
82	determined by the dispersibility and degradability of the
83	pollutant. Effects to natural resources result from mechanical
84	injury and toxicity and include physical contamination,
85	smothering, feeding prevention, immobilization, respiratory
86	distress, direct mortality, lost recruitment of larvae and
87	juveniles killed, changes in the food web, and chronic effects
88	of sublethal levels of contaminates in tissues or the
89	environment. For purposes of the compensation schedule,
90	pollutants have been ranked for their propensity to cause injury
91	to natural resources based upon a combination of their acute
92	toxicity, mechanical injury, degradability, and dispersibility
93	characteristics on a 1-to-3 relative scale with Category 1
94	containing the pollutants with the greatest propensity to cause
95	injury to natural resources. The following pollutants are
96	categorized:
97	1.  Category 1: bunker and residual fuel.
98	2.  Category 2: waste oils, crude oil, lubricating oil,
99	asphalt, and tars.
100	3.  Category 3: hydraulic fluids, numbers 1 and 2 diesel
101	fuels, heating oil, jet aviation fuels, motor gasoline,
102	including aviation gasoline, kerosene, stationary turbine fuels,
103	ammonia and its derivatives, and chlorine and its derivatives.
104
105	The department shall adopt rules establishing the pollutant
106	category of pesticides and other pollutants as defined in s.
107	376.031 and not listed in this paragraph.
108	(c)  The type and sensitivity of natural resources affected
109	by a discharge, determined by the following factors:
110	1.  The location of a discharge. Inshore discharges are
111	discharges that occur within waters under the jurisdiction of
112	the department and within an area extending seaward from the
113	coastline of the state to a point 1 statute mile seaward of the
114	coastline. Nearshore discharges are discharges that occur more
115	than 1 statute mile, but within 3 statute miles, seaward of the
116	coastline. Offshore discharges are discharges that occur more
117	than 3 statute miles seaward of the coastline.
118	2.  The location of the discharge with respect to special
119	management areas designated because of their unique habitats;
120	living resources; recreational use; aesthetic importance; and
121	other ecological, educational, consumptive, intrinsic,
122	scientific, and economic values of the natural resources located
123	therein. Special management areas are state parks; recreation
124	areas; national parks, seashores, estuarine research reserves,
125	marine sanctuaries, wildlife refuges, and national estuary
126	program water bodies; state aquatic preserves and reserves;
127	classified shellfish harvesting areas; areas of critical state
128	concern; federally designated critical habitat for endangered or
129	threatened species; and outstanding Florida waters.
130	3.  The areal or linear extent of the natural resources
131	impacted.
132	(3)  Compensation for damage to natural resources for any
133	discharge of less than 25 gallons of gasoline or diesel fuel
134	shall be $50.
135	(4)  Compensation schedule:
136	(a)  The amount of compensation assessed under this
137	schedule is calculated by: multiplying $1 per gallon or its
138	equivalent measurement of pollutant discharged, by the number of
139	gallons or its equivalent measurement, times the location of the
140	discharge factor, times the special management area factor.
141	(b)  Added to the amount obtained in paragraph (a) is the
142	value of the observable natural resources damaged, which is
143	calculated by multiplying the areal or linear coverage of
144	impacted habitat by the corresponding habitat factor, times the
145	special management area factor.
146	(c)  The sum of paragraphs (a) and (b) is then multiplied
147	by the pollutant category factor.
148	(d)  The final damage assessment figure is the sum of the
149	amount calculated in paragraph (c) plus the compensation for
150	death of endangered or threatened species, plus the cost of
151	conducting the damage assessment as determined by the
152	department.
153	(5)(a)  The factors used in calculating the damage
154	assessment are:
155	1.  Location of discharge factor:
156	a.  Discharges that originate inshore have a factor of
157	eight. Discharges that originate nearshore have a factor of
158	five. Discharges that originate offshore have a factor of one.
159	b.  Compensation for damage to natural resources resulting
160	from discharges that originate outside of state waters but that
161	traverse the state's boundaries and therefore have an impact
162	upon the state's natural resources shall be calculated using a
163	location factor of one.
164	c.  Compensation for damage to natural resources resulting
165	from discharges of less than 10,000 gallons of pollutants which
166	originate within 100 yards of an established terminal facility
167	or point of routine pollutant transfer in a designated port
168	authority as defined in s. 315.02 shall be assessed a location
169	factor of one.
170	2.  Special management area factor: Discharges that
171	originate in special management areas described in subparagraph
172	(2)(c)2. have a factor of two. Discharges that originate outside
173	a special management area described in subparagraph (2)(c)2.
174	have a location factor of one. For discharges that originate
175	outside of a special management area but impact the natural
176	resources within a special management area, the value of the
177	natural resources damaged within the area shall be multiplied by
178	the special management area factor of two.
179	3.  Pollutant category factor: Discharges of category 1
180	pollutants have a factor of eight. Discharges of category 2
181	pollutants have a factor of four. Discharges of category 3
182	pollutants have a factor of one.
183	4.  Habitat factor: The amount of compensation for damage
184	to the natural resources of the state is established as follows:
185	a.  $10 per square foot of coral reef impacted.
186	b.  $1 per square foot of mangrove or seagrass impacted.
187	c.  $1 per linear foot of sandy beach impacted.
188	d.  $0.50 per square foot of live bottom, oyster reefs,
189	worm rock, perennial algae, saltmarsh, or freshwater tidal marsh
190	impacted.
191	e.  $0.05 per square foot of sand bottom or mud flats, or
192	combination thereof, impacted.
193	(b)  The areal and linear coverage of habitat impacted
194	shall be determined by the department using a combination of
195	field measurements, aerial photogrammetry, and satellite
196	imagery. An area is impacted when the pollutant comes in contact
197	with the habitat.
198	(6)  It is understood that a pollutant will, by its very
199	nature, result in damage to the flora and fauna of the waters of
200	the state and the adjoining land. Therefore, compensation for
201	such resources, which is difficult to calculate, is included in
202	the compensation schedule. Not included, however, in this base
203	figure is compensation for the death of endangered or threatened
204	species directly attributable to the pollutant discharged.
205	Compensation for the death of any animal designated by rule as
206	endangered by the Fish and Wildlife Conservation Commission is
207	$10,000. Compensation for the death of any animal designated by
208	rule as threatened by the Fish and Wildlife Conservation
209	Commission is $5,000. These amounts are not intended to reflect
210	the actual value of said endangered or threatened species, but
211	are included for the purposes of this section.
212	(7)  The owner or operator of the vessel or facility
213	responsible for a discharge may designate a representative or
214	agent to work with the department in assessing the amount of
215	damage to natural resources resulting from the discharge.
216	(8)  When assessing the amount of damages to natural
217	resources, the department shall be assisted, if requested by the
218	department, by representatives of other state agencies and local
219	governments that would enhance the department's damage
220	assessment. The Fish and Wildlife Conservation Commission shall
221	assist the department in the assessment of damages to wildlife
222	impacted by a pollutant discharge and shall assist the
223	department in recovering the costs of such damages.
224	(9)  Compensation for damage resulting from the discharge
225	of two or more pollutants shall be calculated for the volume of
226	each pollutant discharged. If the separate volume for each
227	pollutant discharged cannot be determined, the highest
228	multiplier for the pollutants discharged shall be applied to the
229	entire volume of the spill. Compensation for commingled
230	discharges that contact habitat shall be calculated on a
231	proportional basis of discharged volumes. The highest multiplier
232	for such commingled pollutants may only be applied if a
233	reasonable proportionality of the commingled pollutants cannot
234	be determined at the point of any contact with natural
235	resources.
236	(10)  For cases in which the department is authorized to
237	use a method of natural resources damage assessment other than
238	the compensation schedules described in subsections (4), (5),
239	(6), and (9), the department may use the methods described in
240	federal rules implementing the Oil Pollution Act of 1990, as
241	amended discharges of more than 30,000 gallons, the department
242	shall, in consultation with the Game and Fresh Water Fish
243	Commission, adopt rules by July 1, 1994, to assess compensation
244	for the damage to natural resources based upon the cost of
245	restoring, rehabilitating, replacing, or acquiring the
246	equivalent of the damaged natural resources; the diminution in
247	the value of those resources pending restoration; and the
248	reasonable cost of assessing those damages. The person
249	responsible for a discharge shall be given an opportunity to
250	consult with the department on the assessment design and
251	restoration program.
252	(a)  When a responsible party is identified and the
253	department is not conducting a cooperative damage assessment
254	with federal agencies For discharges greater than 30,000
255	gallons, the person responsible has the option to pay the amount
256	of compensation calculated pursuant to the compensation schedule
257	established in subsection (4) or pay the amount determined by a
258	damage assessment performed by the department. If the person
259	responsible for the discharge elects to have a damage assessment
260	performed, then such person shall notify the department in
261	writing of such decision within 30 15 days after identification
262	the discovery of the discharge by the department. The decision
263	to have a damage assessment performed to determine compensation
264	for a discharge shall be final; the person responsible for a
265	discharge may not later elect to use the compensation schedule
266	for computing compensation. Failure to make such notice shall
267	result in the amount of compensation for the total damage to
268	natural resources being calculated based on the compensation
269	schedule. The compensation shall be paid within 90 days after
270	receipt of a written request from the department.
271	(b)  In the event the person responsible for a discharge
272	greater than 30,000 gallons elects to have a damage assessment
273	performed, said person shall pay to the department an amount
274	equal to the compensation calculated pursuant to subsection (4)
275	for the discharge using the lesser of the volume of the
276	discharge or a volume of 30,000 gallons. The payment shall be
277	made within 90 days after receipt of a written request from the
278	department.
279	(c)  After completion of the damage assessment, the
280	department shall advise the person responsible for the discharge
281	of the amount of compensation due to the state. A credit shall
282	be given for the amount paid pursuant to paragraph (b). Payment
283	shall be made within 90 days after receipt of a written request
284	from the department. In no event shall the total compensation
285	paid pursuant to this section be less than the dollar amount
286	calculated pursuant to paragraph (b).
287	(11)(a)  Moneys recovered by the department as compensation
288	for damage to natural resources shall be expended only for the
289	following purposes:
290	1.  To the maximum extent practicable, the restoration of
291	natural resources damaged by the discharge for which
292	compensation is paid.
293	2.  Restoration of damaged resources.
294	3.  Developing restoration and enhancement techniques for
295	natural resources.
296	4.  Investigating methods for improving and refining
297	techniques for containment, abatement, and removal of pollutants
298	from the environment, especially from mangrove forests, corals,
299	seagrasses, benthic communities, rookeries, nurseries, and other
300	habitats which are unique to Florida's coastal environment.
301	5.  Developing and updating the "Sensitivity of Coastal
302	Environments and Wildlife to Spilled Oil in Florida" atlas.
303	6.  Investigating the long-term effects of pollutant
304	discharges on natural resources, including pelagic organisms,
305	critical habitats, and marine ecosystems.
306	7.  Developing an adequate wildlife rescue and
307	rehabilitation program.
308	8.  Expanding and enhancing the state's pollution
309	prevention and control education program.
310	9.  Restoring natural resources previously impacted by
311	pollutant discharges, but never completely restored.
312	10.  Funding alternative projects selected by the Board of
313	Trustees of the Internal Improvement Trust Fund. Any such
314	project shall be selected on the basis of its anticipated
315	benefits to the marine natural resources available to the
316	residents of this state who previously benefited from the
317	injured or destroyed nonrestorable natural resources.
318	(b)  All interest earned from investment of moneys
319	recovered by the department for damage to natural resources
320	shall be expended only for the activities described in paragraph
321	(a).
322	(c)  The person or parties responsible for a discharge for
323	which the department has requested compensation for damage
324	pursuant to this section shall pay the department, within 90
325	days after receipt of the request, the entire amount due to the
326	state. In the event that payment is not made within the 90 days,
327	the person or parties are liable for interest on the outstanding
328	balance, which interest shall be calculated at the rate
329	prescribed under s. 55.03.
330	(12)  Any determination or assessment of damage to natural
331	resources for the purposes of this section by the department in
332	accordance with the compensation sections or in accordance with
333	the rules adopted under subsection (10) shall have the force and
334	effect of rebuttable presumption on behalf of the department in
335	any administrative or judicial proceeding.
336	(13)  There shall be no double recovery under this law for
337	natural resource damage resulting from a discharge, including
338	the costs of damage assessment or restoration, rehabilitation,
339	replacement, or acquisition for the same incident and natural
340	resource. The department shall meet with and develop memoranda
341	of understanding with appropriate federal trustees as defined in
342	Pub. L. No. 101-380 (Oil Pollution Act of 1990) to provide
343	further assurances of no double recovery.
344	(14)  The department must review the amount of compensation
345	assessed pursuant to the damage assessment formula established
346	in this section and report its findings to the 1995 Legislature.
347	Thereafter, the department must conduct such a review and report
348	its findings to the Legislature biennially.
349	(15)  The department shall adopt rules necessary or
350	convenient for carrying out the duties, obligations, powers, and
351	responsibilities set forth in this section.
352	Section 2.  Paragraph (b) of subsection (19) of section
353	380.06, Florida Statutes, is amended to read:
354	380.06  Developments of regional impact.--
355	(19)  SUBSTANTIAL DEVIATIONS.--
356	(b)  Any proposed change to a previously approved
357	development of regional impact or development order condition
358	which, either individually or cumulatively with other changes,
359	exceeds any of the following criteria shall constitute a
360	substantial deviation and shall cause the development to be
361	subject to further development-of-regional-impact review without
362	the necessity for a finding of same by the local government:
363	1.  An increase in the number of parking spaces at an
364	attraction or recreational facility by 5 percent or 300 spaces,
365	whichever is greater, or an increase in the number of spectators
366	that may be accommodated at such a facility by 5 percent or
367	1,000 spectators, whichever is greater.
368	2.  A new runway, a new terminal facility, a 25-percent
369	lengthening of an existing runway, or a 25-percent increase in
370	the number of gates of an existing terminal, but only if the
371	increase adds at least three additional gates. However, if an
372	airport is located in two counties, a 10-percent lengthening of
373	an existing runway or a 20-percent increase in the number of
374	gates of an existing terminal is the applicable criteria.
375	3.  An increase in the number of hospital beds by 5
376	percent or 60 beds, whichever is greater.
377	4.  An increase in industrial development area by 5
378	percent or 32 acres, whichever is greater.
379	5.  An increase in the average annual acreage mined by 5
380	percent or 10 acres, whichever is greater, or an increase in the
381	average daily water consumption by a mining operation by 5
382	percent or 300,000 gallons, whichever is greater. An increase in
383	the size of the mine by 5 percent or 750 acres, whichever is
384	less. An increase in the size of a heavy mineral mine as defined
385	in s. 378.403(7) will only constitute a substantial deviation if
386	the average annual acreage mined is more than 500 acres and
387	consumes more than 3 million gallons of water per day.
388	6.  An increase in land area for office development by 5
389	percent or an increase of gross floor area of office development
390	by 5 percent or 60,000 gross square feet, whichever is greater.
391	7.  An increase in the storage capacity for chemical or
392	petroleum storage facilities by 5 percent, 20,000 barrels, or 7
393	million pounds, whichever is greater.
394	8.  An increase of development at a waterport of wet
395	storage for 20 watercraft, dry storage for 30 watercraft, or
396	wet/dry storage for 60 watercraft in an area identified in the
397	state marina siting plan as an appropriate site for additional
398	waterport development or a 5-percent increase in watercraft
399	storage capacity, whichever is greater.
400	9.  An increase in the number of dwelling units by 5
401	percent or 50 dwelling units, whichever is greater.
402	10.  An increase in commercial development by 50,000
403	square feet of gross floor area or of parking spaces provided
404	for customers for 300 cars or a 5-percent increase of either of
405	these, whichever is greater.
406	11.  An increase in hotel or motel facility units by 5
407	percent or 75 units, whichever is greater.
408	12.  An increase in a recreational vehicle park area by 5
409	percent or 100 vehicle spaces, whichever is less.
410	13.  A decrease in the area set aside for open space of 5
411	percent or 20 acres, whichever is less.
412	14.  A proposed increase to an approved multiuse
413	development of regional impact where the sum of the increases of
414	each land use as a percentage of the applicable substantial
415	deviation criteria is equal to or exceeds 100 percent. The
416	percentage of any decrease in the amount of open space shall be
417	treated as an increase for purposes of determining when 100
418	percent has been reached or exceeded.
419	15.  A 15-percent increase in the number of external
420	vehicle trips generated by the development above that which was
421	projected during the original development-of-regional-impact
422	review.
423	16.  Any change which would result in development of any
424	area which was specifically set aside in the application for
425	development approval or in the development order for
426	preservation or special protection of endangered or threatened
427	plants or animals designated as endangered, threatened, or
428	species of special concern and their habitat, primary dunes, or
429	archaeological and historical sites designated as significant by
430	the Division of Historical Resources of the Department of State.
431	The further refinement of such areas by survey shall be
432	considered under sub-subparagraph (e)5.b.
433
434	The substantial deviation numerical standards in subparagraphs
435	4., 6., 10., 14., excluding residential uses, and 15., are
436	increased by 100 percent for a project certified under s.
437	403.973 which creates jobs and meets criteria established by the
438	Office of Tourism, Trade, and Economic Development as to its
439	impact on an area's economy, employment, and prevailing wage and
440	skill levels. The substantial deviation numerical standards in
441	subparagraphs 4., 6., 9., 10., 11., and 14. are increased by 50
442	percent for a project located wholly within an urban infill and
443	redevelopment area designated on the applicable adopted local
444	comprehensive plan future land use map and not located within
445	the coastal high hazard area.
446	Section 3.  Subsections (3) and (4) of section 380.23,
447	Florida Statutes, are amended to read:
448	380.23  Federal consistency.--
449	(3)  Consistency review shall be limited to review of the
450	following activities, uses, and projects to ensure that such
451	activities, and uses, and projects are conducted in accordance
452	with the state's coastal management program:
453	(a)  Federal development projects and activities of
454	federal agencies which significantly affect coastal waters and
455	the adjacent shorelands of the state.
456	(b)  Federal assistance projects that which significantly
457	affect coastal waters and the adjacent shorelands of the state
458	and that which are reviewed as part of the review process
459	developed pursuant to Presidential Executive Order 12372.
460	(c)  Federally licensed or permitted activities affecting
461	land or water uses when such activities are in or seaward of the
462	jurisdiction of local governments required to develop a coastal
463	zone protection element as provided in s. 380.24 and when such
464	activities involve:
465	1.  Permits and licenses required under the Rivers and
466	Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.
467	2.  Permits and licenses required under the Marine
468	Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss.
469	1401-1445 and 16 U.S.C. ss. 1431-1445, as amended.
470	3.  Permits and licenses required under the Federal Water
471	Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as
472	amended, unless such permitting activities have been delegated
473	to the state pursuant to said act.
474	4.  Permits and licenses relating to the transportation of
475	hazardous substance materials or transportation and dumping
476	which are issued pursuant to the Hazardous Materials
477	Transportation Act, 49 U.S.C. ss. 1501 et seq., as amended, or
478	33 U.S.C. s. 1321, as amended.
479	5.  Permits and licenses required under 15 U.S.C. ss. 717-
480	717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss.
481	1331-1356 for construction and operation of interstate gas
482	pipelines and storage facilities.
483	6.  Permits and licenses required for the siting and
484	construction of any new electrical power plants as defined in s.
485	403.503(12), as amended, and the licensing and relicensing of
486	hydroelectric power plants under the Federal Power Act, 16
487	U.S.C. ss. 791a et seq., as amended.
488	7.  Permits and licenses required under the Mining Law of
489	1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands
490	Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral
491	Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as
492	amended; the Federal Land Policy and Management Act, 43 U.S.C.
493	ss. 1701 et seq., as amended; the Mining in the Parks Act, 16
494	U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43
495	U.S.C. ss. 1331 et seq., as amended, for drilling, mining,
496	pipelines, geological and geophysical activities, or rights-of-
497	way on public lands and permits and licenses required under the
498	Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as
499	amended for drilling and mining on public lands.
500	8.  Permits and licenses for areas leased under the OCS
501	Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including
502	leases and approvals of exploration, development, and production
503	plans.
504	9.  Permits for pipeline rights-of-way for oil and gas
505	transmissions.
506	9.10.  Permits and licenses required under the for
507	Deepwater Port Act of 1974, ports under 33 U.S.C. ss. 1501 et
508	seq. s. 1503, as amended.
509	10.11.  Permits required for the taking of marine mammals
510	under the Marine Mammal Protection Act of 1972, as amended, 16
511	U.S.C. s. 1374.
512	(d)  Federal activities within the territorial limits of
513	neighboring states when the Governor and the department
514	determine that significant individual or cumulative impact to
515	the land or water resources of the state would result from the
516	activities.
517	(4)  The department may is authorized to adopt rules
518	establishing procedures for conducting consistency reviews of
519	activities, uses, and projects for which consistency review is
520	required pursuant to subsections (1), (2), and (3). Such rules
521	shall include procedures for the expeditious handling of
522	emergency repairs to existing facilities for which consistency
523	review is required. The department may is also authorized to
524	adopt rules prescribing the data and  information needed for the
525	review of consistency certifications and determinations. When an
526	environmental impact statement or environmental assessment
527	required by the National Environmental Policy Act has been
528	prepared for a specific activity, use, or project subject to
529	federal consistency review under this section, the environmental
530	impact statement or environmental assessment shall be data and
531	information necessary for the state's consistency review of that
532	federal activity, use, or project under this section.
533	Section 4.  This act shall take effect upon becoming a law.

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