Routine Program Changes For 2014

Transcription

1 Routine Program Change To State of Florida Coastal Management Program Request for Concurrence April 2015 Submitted by: Florida Coastal Office Department of Environmental Protection 3900 Commonwealth Blvd., MS 235 Tallahassee, Florida 32399

2 Table of Contents Introduction... 1 Analysis of Changes... 1 Examination of Statutes... 5 Statutory Changes... 6 Conclusion Public Notice Text of Statute... Appendix A

3 Routine Program Change Introduction The Florida Coastal Management Program (FCMP) manages over 8,000 miles of coastline through the authority granted by the Florida Legislature in 24 different statutes. This network of statutes is administered by nine state agencies, including all of the water management districts, throughout the state of Florida. In the 2014 legislative session, changes were made to the relevant statutes governing the FCMP through statute modification, repealment of existing statutes, and proposed new enforceable policies. While many of the changes in the applicable statutes were minor edits and technical modifications, those in Chapters 339, 373, 376, 377, and 379 of the Florida Statutes (F.S.) were more significant. However, they do not FCMP in the areas of uses subject management, special management areas, boundaries, authorities and organization, or coordination, public involvement, and the national interest, and therefore do not meet the definition of amendment as stated in 15 C.F.R. s (d). The State of Florida has completed the following analysis of these changes according to the requirements of 15 C.F.R. s. 923 Subpart H and the Program Change Reminders provided by the OCRM in February It concludes that these are Routine Program Changes as stated in 15 C.F.R. s and not Amendments as defined by 15 C.F.R. s (d). The State of Florida is requesting that the Office of Ocean and Coastal Resource Management (OCRM) of the National Oceanic and Atmospheric Administration (NOAA) concur in the incorporation of the Routine Program Changes to the FCMP Analysis of Changes The submitted program changes amend the State of Florida s enforceable policies of the Florida Coastal Management Program. The State of Florida submits the changes to Chapters 161, 163, 186, 252, 253, 258, 259, 267, 288, 334, 339, 373, 375, 376, 377, 379, 380, 381, 388, 403, 553, 582, and 597 of the Florida Statutes as Routine Program Changes to the FCMP. Pursuant to 15 C.F.R. s , this submitted analysis of changes places the OCRM on notice of the Routine Program Changes. This analysis will also explain why these modifications are Routine Program Changes and not amendments pursuant to 15 C.F.R. s (d). Amendments are defined in 15 C.F.R. s as substantial changes in one or more of the following: areas of management, special management, areas, boundaries, authorities and organization, or coordination, public involvement, and the national interest. In 1996, the OCRM published Program Change Guidance in order to clarify the difference between Routine Program Changes and program amendments. According to this guidance, a substantial change is a high threshold, which is determined case-by-case. Indicators of a substantial change include: new or revised enforceable policies that address coastal uses or resources not previously managed (or major changes in the management); the extent to which the proposed Introduction 1

4 change impacts the national interest reflected in the CZMA; and the extent to which the proposed change is similar to past program change requests that were treated as amendments. The Program Change Reminders of 2007 provided technical guidance on submitting Routine Program Changes, while again stating that the submission must explain how the changes do not result in a substantial change to one or more of the five program approvability areas. The Routine Program Changes for 2014 which require a more detailed explanation are summarized below, while strictly technical changes to the statutes are outlined in the following table. All sections added, modified, or deleted are listed in the table. Chapter 339, F.S saw statutes regarding the Florida Transportation Corporation Act repealed, which affected 19 statutes in the chapter. These statutes governed rules and regulations regarding non-profit corporations authorized by the Department of Transportation (DOT) to perform essential transportation planning operations for the state to help reduce the burden of project administration. The Act was to help in creation of new transportation facilities and systems and create new funding opportunities for these projects. DOT had found that this Act was never used since its creation so the laws were repealed, and its powers were not re-allocated to existing statutes created a new statute that governed what DOT could do with revenues collected from leases for wireless communication facilities, such as cell phone towers. The revenues generated will raise additional capital for other expenditures in the statewide transportation system was amended so DOT may use appropriated funds for the purpose of funding the costs of land acquisition, design and construction of multiuse trails and related facilities was amended altering rules regarding Metropolitan Planning Organizations (MPOs). Designation of MPOs now require an agreement between the Governor and the relevant units of local government (that represents 75% of the local population). The maximum voting membership was also increased from 19 to 25 members. County commissioners must make up a third of the voting board (unless all commissioners are already on the board), including multi-county MPOs. MPOs should also review their compositions after each major Census. None of these changes substantially alter the management (15 C.F.R. Part 923, Subpart B); the special management areas (15 C.F.R. Part 923, Subpart C); the boundaries (15 C.F.R. Part 923, Subpart D); organization (15 C.F.R. Part 923, Subpart E); or the coordination, public involvement and national interest (15 C.F.R. Part 923, Subpart F) within the. Introduction 2

5 Chapter 373, F.S was amended to revise the requirements for taking a water well contractor licensing examination by deleting water well driller, water well parts, and equipment vendor from the list of persons who may attest to the length of time an applicant has been engaged in the water well contractor business. Therefore, only two letters will be required, one from a water well contractor and one from a water well inspector employed by a governmental agency is amended to require DOT to submit an environmental impact inventory of habitat impacts (and the cost for mitigating those impacts) and propose the amount of mitigation needed based on the state s standard mitigation determination method for determining functional habitat loss was amended to remove obsolete statutes involving how the methodology for determining landward extent of state waters within the Northwest Florida Water Management District (WMD) was applied for some permitted and permit-exempt activities is amended to allow the development of a baseline that sets the extent of wetlands and surface water on the property and allow the baseline to be included in the agreement before improvements are constructed through an agreement between a private landowner and DACS or a WMD. The baseline may be established at the option and expense of the private landowner. None of these changes substantially alter the management (15 C.F.R. Part 923, Subpart B); the special management areas (15 C.F.R. Part 923, Subpart C); the boundaries (15 C.F.R. Part 923, Subpart D); organization (15 C.F.R. Part 923, Subpart E); or the coordination, public involvement and national interest (15 C.F.R. Part 923, Subpart F) within the. Chapter 376, F.S is amended to include new language regarding the costs and efficiency of the Petroleum Restoration Program to reduce the backlog of contaminated sites eligible for state funding and treat the sites that are the greatest threat to the public first. The competitive contract procurement process that was referenced in the former Section , F.S., have also been added with references to , F.S., replacing , F.S., in related statutes. It also repeals an obsolete reimbursement program for cleanup expenses related to the Petroleum Restoration Program , which governed a Preapproval Program for an eligible site to receive state rehabilitation funding even if the site s priority score does not meet eligibility funding as a measure to help expedite site rehabilitations, was repealed. DEP would no longer preapprove site rehabilitation work based on expected costs. Projects would have to be Introduction 3

6 competitively selected based on rules found in , F.S. References to have also been removed in related sections is amended to add new language regarding the cost-share agreement when applicants ask DEP to enter into a performance-based contract for the cleanup of 20 or more contaminated sites. Applicants can show a cost savings to the department (when compared to rates provided by the department s proposed agency term contractor) and/or a commitment to pay to fulfill the cost-share requirement. DEP shall determine whether or not the cost savings is acceptable and were amended, which added new rules to the Brownfield Administration Process and Liability Protection for Brownfields, respectively. A local government must notify DEP (and possibly the local pollution control program) within 30 days of a brownfield rehabilitation approval, which must include a detailed map. Liability protections are expanded for the party conducting the rehabilitation project. None of these changes substantially alter the management (15 C.F.R. Part 923, Subpart B); the special management areas (15 C.F.R. Part 923, Subpart C); the boundaries (15 C.F.R. Part 923, Subpart D); organization (15 C.F.R. Part 923, Subpart E); or the coordination, public involvement and national interest (15 C.F.R. Part 923, Subpart F) within the. Chapter 377, F.S is amended to clarify the Department of Agriculture and Consumer Services s (DACS) duties regarding energy efficiency and conservation to include making recommendations, collecting information, and creating educational and training programs. This also expands the different types of renewable energy sources that DACS can promote, instead of just solar energy is created, which allows DACS to post information regarding alternative fueling stations (such as electric car recharge stations) that are available for public use in the state is created, which establishes an allocation program for limits to energy conservation bonds, which will be established by the Office of Energy within DACS. None of these changes substantially alter the management (15 C.F.R. Part 923, Subpart B); the special management areas (15 C.F.R. Part 923, Subpart C); the boundaries (15 C.F.R. Part 923, Subpart D); organization (15 C.F.R. Part 923, Subpart E); or the coordination, public involvement and national interest (15 C.F.R. Part 923, Subpart F) within the. Introduction 4

7 Chapter 379, F.S., is repealed, which had created a special recreational spiny lobster license that allowed individuals the ability to harvest spiny lobsters for both recreational and commercial purposes. These changes leave the Saltwater Products License, restricted species endorsement, and either a commercial spiny lobster endorsement or a commercial diver s permit as the qualifications for commercial spiny lobster harvesting is also repealed, which charged an annual fee for permits regarding haul seine and trawl net permits in Lake Okeechobee is amended to enhance penalties for possession of spiny lobsters outside of the harvesting season (unless allowed under FWC rules) or possession of wrung spiny lobster tails while on the water. The change makes the violations more clear-cut and therefore makes it easier to not violate the regulations and enforce if violations occur. First violations are a first-degree misdemeanor, with charges escalating with each violation up to a third-degree felony with a 1-year prison term, a $5,000 fine, and permanent loss of license for a forth violation. None of these changes substantially alter the management (15 C.F.R. Part 923, Subpart B); the special management areas (15 C.F.R. Part 923, Subpart C); the boundaries (15 C.F.R. Part 923, Subpart D); organization (15 C.F.R. Part 923, Subpart E); or the coordination, public involvement and national interest (15 C.F.R. Part 923, Subpart F) within the. Examination of Florida Statutes In response to legacy issues discussed with NOAA OCRM during the approval process for the 2014 Routine Program Change document, FCMP has begun its review of enforceable policies with partner agencies. For 2014, the FCMP is submitting its review of Chapters 161, 258, and 260, F.S., for approval. In this document, there is a list of statutes for each of these chapters that are being proposed as either enforceable and non-enforceble, with the full text of all statutes being proposed as enforceable policy included in the document. Also in response to a request from last year s approval process, Sections , , , , and , F.S., have been reviewed with our partner agencies and have been included in this document. We are proposing to keep and as enforceable policies for federal consistency purposes. Introduction 5

8 Table of Changes Statuitory Change Change in 2013 Meaning of Change Significance of Change Chapter 161, F.S, Beach and Shore Preservation , is amended to provide that the funding for inlet management projects comes from the General Appropriations Act for Chapter 163, F.S., Growth Policy; County and Municiapl Planning; Land Development Regulation , is amended to update language regarding rural areas of opportunity Chapter 186, F.S., State and Regional Planning , is amended to include references to Florida Commission on Offender Review Chapter 252, F.S., Emergency Management New: is amended to update language involving citizens with special needs Creates , which governs public records exemptions for emergency planning information Table of Changes 6

9 Chapter 253, F.S., State Lands , , , updates the name of the DACS Relocation and Construction Trst Fund to the Incidental Trust Fund removed obsolete language regarding contracting an organization to inventory all lands acquired pursuant to Preservation 2000 and Florida Forever to determine the value of carbon capture and carbon sequesteration is amended to update aquaculture lease penalties for excessive aquaculture activities on state-owned submerged lands Chapter 258, F.S., State Parks and Preserves New: , is amended to prohibit the Division of Recreation and Parks from granting new concession agreements in a state park that provides beach access and contains less than 7,000 feet of shoreline is created, allowing DEP to grant the ability to open concessions within aquatic preserves Chapter 259, F.S., Land Acquisitions for Conservation and Recreation , , , updated to allow monies from the Conservation and Recreation Lands Trust Fund to be transferred to the Florida Forever Trust Fund is amended to provide that $5 million from the Florida Forever Trust Fund be distributed to the Department of Agriculture and Consumer Services for the acquisition of agricultural lands through perpetual conservation easements and other perpetual less-than-fee interest. Chapter 260, F.S., Florida Greenways and Trails Act None N/A N/A Chapter 267, F.S., Historical Resources , The Florida Historical Commission shall provide recommendations to the Department of Management Services on the design and placement of monuments authorized by general law to be placed on the premises of the Capitol Complex Table of Changes 7

10 Chapter 288, F.S., Commercial Development and Capital Improvements Updated name of the Department of Children and Families Updated roles of the advisory board for the Center for Urban Transportation Research to remove obsolete language pretaing to the Department of Community Affairs and replaces that role with the Executive Director of the Department of Economic Opportunity Chapter 334, F.S., Transportation Administration , , DOT is now required to purchase all plant materials from Florida commercial nursery stock in this state on a uniform competitive bid basis, unless otherwise prohibited. The correct name of the state planning agency was fixed. Chapter 339, F.S., Transportation Finance and Planning New: , , , , , , Repealed: , , , , , , , , , , , , , , , , , , , Creates , which deals with revenues from leases for wireless communication facilities DOT may use appropriated funds for the purpose of funding the costs of land acquisition, design and construction of multiuse trails and related facilities, along with up to $15 million of appropriated funds to pay the costs of strategic and regionally significant transportation projects Amends to reflect changes in laws regarding metropolitan planning organizations (MPOs) Funding resources for rural areas of opportunity (formerly rural areas of critical economic concern) increased for transportation projects Repeals sections , which governed the Florida Transportation Corporation Table of Changes 8

11 Chapter 373. F.S., Water Resources , , , , , , , , , , , , is amended, which revises the requirements for taking a water well contractor licensing examination is amended, which updates the process by which DOT environmental impact mitigation projects are conducted to improve efficiency, timeliness, and cost-effectiveness is amended to include new laws for water storage and quality agreements between DACS and private landowners and clarifies what is needed to set the extent of the wetlands at the beginning of the agreement to use Best Management Practices (BMPs) from DACS "Rural areas of critical economic concern" are now "rural areas of opportunity" Chapter 375, F.S., Outdoor Recreation and Conservation Lands Chapter 376, F.S., Pollutant Discharge Prevention and Removal is amended, providing that public service warning signs on water management district property are subject to the Highway Beautification Act of 1965 and all applicable federal laws and agreements is amended with technical edits , , , , , , , , , , , , , , , Repealed: is amended to include definitions of "gross negligence" and "willful misconduct" is amended to remove definitions regarding "Backlog" and "Person responsible for conducting site rehabilitation" Language regarding misrepresenting qualifications as a contractor updated is amended and updated with language regarding the Petroleum Restoration Program and also the competitive contracting procedures for site rehabilitation of former Section , F.S. It also repeals an obsolete reimbursement program related to the Petroleum Restoration Program is repealed, which had established the Preapproval Site Rehabilitation Program is amended to include language regarding applications proposing that DEP enter into a cost-share contract for the cleanup for 20 or more sites Legislative intent for brownfield redevelopment is updated to include community redevelopment areas, enterprise zones, empowerment zones, closed military bases, or designated brownfield pilot project areas is amended to clarify provisions relating to the process for designating brownfield areas and clarifies the criteria that must be satisfied when a brownfield area designation is proposed by a local government or a person other than a governmental entity, such as an individual, corporation, community-based organization, or not-for-profit corporation. Liability laws for brownfield site rehabilitation are updated to include property damage Table of Changes 9

12 Chapter 377, F.S., Energy Resources New: , , , is amended to clarify that DACS duties include making recommendations, collecting and disseminating information, and developing and conducting educational and training programs regarding energy efficiency in addition to energy conservation. Laws defined in section are transferred to is created, which establishes laws regarding alternative fueling stations and electric vehicle charging stations is created, which establishes laws for energy conservation bond allocation Chapter 379, F.S., Fish and Wildlife Conservation , , , , , , , , , , , , , , Repealed: , is amended, which sunsets the Fish and Wildlife Conservation Commission s authority to establish CSOs to provide assistance, funding, and promotional support for the programs of the commission on October 1 st, is amended to remove provisions regarding hunting fees in lands that have agreements between FWC and the US Forest Service is amended to remove language which establishes the permit requirement and $50 fee for non-commercial shrimp trawling for personal food use in the St. Johns River. The activity has been prohibited since 1996 so the requirement is obsolete is amended to specify that the annual military gold sportsman s license authorizes the same activities as the annual gold sportsman s license is repealed, which created a special recreational spiny lobster license. This had allowed fishermen to catch spiny lobsters using both a commercial and recreational permit is amended, requiring participation in the educational seminar each time an Apalachicola Bay oyster harvesting license is obtained or renewed, rather than just when the license was initially given is amended to repeal the $50 fee associated with the statewide freshwater trawl seine gear license and the $100 fee associated with the statewide haul seine gear license is repealed, which governed fees for haul seine and trawl net permits in Lake Okeechobee Chapter 380, F.S., Land and Water Management , , is amended to include new laws regarding possession of spiny lobsters out of season and wrung spiny lobster tails Aggregation is not applicable for any development which qualifies for an exemption from the Development of Regional Impact review process under the provisions of law relating to dense urban land areas Language added to , where state agencies and local governments may also use additional safety and warning devices in conjunction with the display of uniform warning and safety flags at public beaches as long as the message was matched with the existing approved color system. Table of Changes 10

13 Chapter 381, F.S., Public Health: General Provisions Department of Children and Family Services changed to Department of Children and Families Chapter 388, F.S., Mosquito Control Language regarding the Pesticide Review Council removed. The council itself was repealed from the statute by the 2013 Legislature. Chapter 403, F.S., Environmental Control , , , , , Technical edits to language and statute references Chapter 553, F.S., Building Construction Standards , is amended to read that existing mechanical equipment that is located on or above the surface of a roof is not required to be installed in compliance with the code except when the equipment is being replaced or moved during reroofing and the equipment is not in compliance with the part of the code pertaining to roof-mounted mechanical units is amended to allow site plans or building permits to be maintained in the original form or an electronic copy at the worksite, and these plans and permits must be open to inspection as required by the code. Chapter 582, F.S., Soil and Water Conservation , Technical edits to language and statute references Table of Changes 11

14 Chapter 597, F.S., Aquaculture , , , is amended, requiring the department to provide training as necessary to lessees for aquaculture activities is amended, requiring applicants for a certificate of registration to submit a certificate of training, if required under the best management practices, in addition to the other information currently required. Fine schedule and structure of the Department of Agriculture and Consumer Services updated for aquaculture activities Table of Changes 12

15 Conclusion The Department of Environmental Protection has determined that the proposed program changes are a routine program change as defined by 15 CFR s This routine program change (RPC) submission will incorporate relevant statutory changes enacted by the Florida Legislature during the 2014 legislative session to statutes included in the FCMP. Staff has evaluated these changes pursuant to 15 CFR s. 923, Subpart H and concluded that the changes are not amendments to the FCMP. These changes will not result in any substantial change to the enforceable policies or authorities of the FCMP related to management, special management areas, boundaries, authorities and organization, or coordination, public involvement and national interest. Staff has also reviewed Chapters 161, 258, and 260, F.S., with partner state agencies for clarification of enforceable policies. Reviews of other chapters will continue in cooperation with partner agency timelines and legislative changes. The State of Florida requests the federal Office of Ocean and Coastal Resources Management (OCRM) to approve the incorporation of the changes to these statutes adopted by the Florida Legislature during the 2014 legislative session and clarification of enforceable policies with partner agencies, into the approved Florida Coastal Management Program (FCMP). Conclusion 13

16 Notice of Routine Program Change Request A routine request to update the approved Florida Coastal Management Program (FCMP) has been submitted to the federal Office of Ocean and Coastal Resource Management (OCRM), of the National Oceanic and Atmospheric Administration (NOAA). The Department of Environmental Protection has determined that the proposed program changes are a routine program change as defined by 15 CFR This routine program change (RPC) submission will incorporate relevant statutory changes enacted by the Florida Legislature during the 2014 legislative session to statutes included in the FCMP. A list of all statutes that make up the FCMP is available at In addition, the FCMP has examined Chapters 161, 258, and 260, F.S., with applicable state agencies to clarify the enforceable policies of these chapters. Staff has evaluated these changes pursuant to 15 CFR and concluded that the changes are not amendments to the FCMP. These changes will not result in any substantial change to the enforceable policies or authorities of the FCMP related to management, special management areas, boundaries, authorities and organization, or coordination, public involvement and national interest. This notice has been sent to affected parties, including local governments, state agencies, and regional offices of relevant federal agencies as required by 15 CFR (b)(2). A list of persons and organizations notified is available for inspection or can be provided at cost upon request from the FCMP. Pursuant to 15 CFR , comments on whether the changes constitute a routine program change of the FCMP may be submitted to Margaret Davidson, NOAA/OCRM, 1305 East-West Highway, Silver Spring, MD within 21 days of the date of publication of this notice. The RPC submittal is available at For more information on this RPC submittal, please contact: Ms. Ann Lazar, Department of Environmental Protection, Florida Coastal Office, 3900 Commonwealth Boulevard, Tallahassee, FL , (850) If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800) (TDD) or 1(800) (Voice) Notice of Routine Program Change Request 14