Senate Bill sb2510

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    Florida Senate - 2005                                  SB 2510

    By Senator Lawson





    6-1345A-05

  1                      A bill to be entitled

  2         An act relating to review by the state of

  3         federal activities under the federal Coastal

  4         Zone Management Act; amending s. 380.23, F.S.;

  5         providing for limits on consistency review by

  6         the state of certain federally licensed or

  7         permitted activities relating to electrical

  8         power plants, drilling, mining, pipelines,

  9         geological and geophysical activities, and

10         rights-of-way on public lands and deepwater

11         ports; prohibiting consistency review of

12         certain activities subject to federal permits

13         absent a finding by the Department of

14         Environmental Protection; creating a

15         presumption that the state has sufficient data

16         to conduct a consistency review of a federal

17         activity when an environmental impact statement

18         has been prepared; eliminating a requirement

19         that the department waive its review of certain

20         federally licensed or permitted activities;

21         providing an effective date.

22  

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

24  

25         Section 1.  Subsections (3), (4), and (5) of section

26  380.23, Florida Statutes, are amended to read:

27         380.23  Federal consistency.--

28         (3)  Consistency review shall be limited to review of

29  the following activities, uses, and projects to ensure that

30  such activities, and uses, and projects are conducted in

31  accordance with the state's coastal management program:

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    Florida Senate - 2005                                  SB 2510
    6-1345A-05




 1         (a)  Federal development projects and activities of

 2  federal agencies which significantly affect coastal waters and

 3  the adjacent shorelands of the state.

 4         (b)  Federal assistance projects that which

 5  significantly affect coastal waters and the adjacent

 6  shorelands of the state and that which are reviewed as part of

 7  the review process developed pursuant to Presidential

 8  Executive Order 12372.

 9         (c)  Federally licensed or permitted activities

10  affecting land or water uses when such activities are in or

11  seaward of the jurisdiction of local governments required to

12  develop a coastal zone protection element as provided in s.

13  380.24 and when such activities involve:

14         1.  Permits and licenses required under the Rivers and

15  Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.

16         2.  Permits and licenses required under the Marine

17  Protection, Research and Sanctuaries Act of 1972, 33 U.S.C.

18  ss. 1401-1445 and 16 U.S.C. ss. 1431-1445, as amended.

19         3.  Permits and licenses required under the Federal

20  Water Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et

21  seq., as amended, unless such permitting activities have been

22  delegated to the state pursuant to said act.

23         4.  Permits and licenses relating to the transportation

24  of hazardous substance materials or transportation and dumping

25  which are issued pursuant to the Hazardous Materials

26  Transportation Act, 49 U.S.C. ss. 1501 et seq., as amended, or

27  33 U.S.C. s. 1321, as amended.

28         5.  Permits and licenses required under 15 U.S.C. ss.

29  717-717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C.

30  ss. 1331-1356 for construction and operation of interstate gas

31  pipelines and storage facilities.

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    Florida Senate - 2005                                  SB 2510
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 1         6.  Permits and licenses required under the Federal

 2  Power Act, 16 U.S.C. ss. 791a et seq., as amended; the Public

 3  Utility Regulatory Policies Act, 16 U.S.C. ss. 2601 et seq.,

 4  as amended; the Energy Policy Act, 42 U.S.C. ss. 13201 et

 5  seq., as amended; or the Atomic Energy Act, 42 U.S.C. ss. 2100

 6  et seq., as amended for the siting and construction of any new

 7  electrical power plants and the relicensing of existing power

 8  plants as defined in s. 403.503(12), as amended.

 9         7.  Permits and licenses required under the Mining Law

10  of 1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral

11  Lands Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the

12  Mineral Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et

13  seq., as amended; the Federal Land Policy and Management Act,

14  43 U.S.C. ss. 1701 et seq., as amended; the Mining in the

15  Parks Act, 16 U.S.C. ss. 1901 et seq., as amended; or the OCS

16  Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, for

17  drilling, mining, pipelines, geological and geophysical

18  activities, or rights-of-way on public lands and permits and

19  licenses required under the Indian Mineral Development Act, 25

20  U.S.C. ss. 2101 et seq., as amended, for drilling, and mining,

21  pipelines, geological and geophysical activities, or

22  rights-of-way on public lands and permits and licenses

23  required under the Indian Mineral Development Act, 25 U.S.C.

24  ss. 2101 et. seq., as amended.

25         8.  Permits and licenses for areas leased under the OCS

26  Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including

27  leases and approvals of exploration, development, and

28  production plans.

29         9.  Permits for pipeline rights-of-way for oil and gas

30  transmissions.

31  

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    Florida Senate - 2005                                  SB 2510
    6-1345A-05




 1         9.10.  Permits and licenses required under the for

 2  Deepwater Port Act of 1974, ports under 33 U.S.C. s. 1501 et.

 3  seq. 1503, as amended.

 4         10.11.  Permits required for the taking of marine

 5  mammals under the Marine Mammal Protection Act of 1972, as

 6  amended, 16 U.S.C. s. 1374.

 7         (d)  Federal activities within the territorial limits

 8  of neighboring states when the Governor and the department

 9  determine that significant individual or cumulative impact to

10  the land or water resources of the state would result from the

11  activities.

12         (4)  The department shall monitor activities that are

13  subject to a federal license or permit that is not listed in

14  paragraph (3)(c).  Unless the department determines that such

15  an activity is likely to result in significant individual or

16  cumulative impact to the land or water resources of the state,

17  such activities are not subject to federal consistency review

18  by the state.

19         (5)(4)  The department may is authorized to adopt rules

20  establishing procedures for conducting consistency reviews of

21  activities, uses, and projects for which consistency review is

22  required pursuant to subsections (1), (2), and (3). Such rules

23  shall include procedures for the expeditious handling of

24  emergency repairs to existing facilities for which consistency

25  review is required. The department may is also authorized to

26  adopt rules prescribing the data and information needed for

27  the review of consistency certifications and determinations.

28  When an environmental impact statement required by the

29  National Environmental Policy Act has been prepared for a

30  specific activity, use, or project that is subject to federal

31  consistency review under this section, such statement shall be

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    Florida Senate - 2005                                  SB 2510
    6-1345A-05




 1  presumed to constitute the data and information that is

 2  necessary for the state's review of the consistency of any

 3  federal activity on the outer continental shelf or any other

 4  federal activity, use, or project that the department deems

 5  significant. This presumption does not apply to an

 6  environmental impact statement that is prepared for a federal

 7  activity, use, or project that is separate from the activity,

 8  use, or project that the state is reviewing for consistency,

 9  regardless of whether the separate project is related or

10  unrelated to the project under review.

11         (5)  In any coastal management program submitted to the

12  appropriate federal agency for its approval pursuant to this

13  act, the department shall specifically waive its right to

14  determine the consistency with the coastal management program

15  of all federally licensed or permitted activities not

16  specifically listed in subsection (3).

17         Section 2.  This act shall take effect July 1, 2005.

18  

19            *****************************************

20                          SENATE SUMMARY

21    Revises limits on consistency review by the state of
      certain federal activities, uses, and projects relating
22    to electrical power plants, drilling, mining, pipelines,
      geological and geophysical activities, and rights-of-way
23    on public lands and deepwater ports under the federal
      Coastal Zone Management Act.  Prohibits state review of
24    certain activities subject to certain federal permits
      absent a finding by the Department of Environmental
25    Protection.  Creates a presumption that the state has
      sufficient data to conduct a consistency review of a
26    federal activity when an environmental impact statement
      has been prepared.  Eliminates a requirement that the
27    department waive its review of certain federally licensed
      or permitted activities.
28  

29  

30  

31  

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