MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Conservation and Water Resources; Appropriations

By: Representative Ellington

AN ACT TO PROVIDE FOR THE CREATION OF A BEACH EROSION AND CHANNEL MAINTENANCE PROGRAM; TO EXPRESS THE FINDINGS OF THE LEGISLATURE; TO REQUIRE THE DEVELOPMENT OF A BEACH EROSION AND CHANNEL MAINTENANCE PLAN BY THE DEPARTMENT OF MARINE RESOURCES; TO REQUIRE THE DEPARTMENT OF MARINE RESOURCES TO IDENTIFY AND PURSUE FEDERAL FUNDING ALTERNATIVES AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known and may be cited as the "Beach Erosion and Channel Maintenance Act of 1999."

SECTION 2. The Legislature finds that beach erosion poses a threat to the economy, property and general welfare of the people of the State of Mississippi. Channel maintenance is necessary to preserve and enhance the economic stability and recreational potential of the coastal regional. The Legislature declares it to be a governmental responsibility to manage and protect Mississippi's beaches to reduce erosion and to provide for proper channel maintenance. The Legislature further declares that beach erosion and channel maintenance projects are in the public interest. Those projects should be funded to promote the use of cost-efficient strategies, encourage coordination among federal, state and local governments and the private sector, provide for long-term solutions and minimize the impact of the environment to the extent possible.

SECTION 3. (1) The Department of Marine Resources, referred to in this act as "department," shall serve as the primary state agency with regard to coordinating beach erosion and channel maintenance activities along the Mississippi Gulf Coast.

(2) The department shall develop a comprehensive long-range management plan for the preservation and restoration of the Mississippi's eroding beaches and for channel maintenance activities. The plan shall at a minimum:

(a) Identify areas in which shoreline erosion is threatening the state's beaches and channels which are in need of maintenance;

(b) Identify the causes of shoreline erosion, estimate erosion rates, and project the long-term erosion potential for identified beaches;

(c) Evaluate the impacts of near-shore development on shoreline erosion and channel maintenance needs;

(d) Assess the short-term and long-term economic costs and benefits of the state's beaches and channels;

(e) Recommend appropriate management measures for the beaches threatened by shoreline erosion;

(f) Promote channel sand by-passing to replicate the natural flow of sand; and

(g) Recommend beach erosion and channel maintenance projects to the Legislature for funding which ensures the geographic coordination and sequencing of prioritized projects beginning with the area of Belle Fontaine Beach in Jackson County.

SECTION 4. The department shall identify federal funding mechanisms which could be used to fund projects regarding beach erosion and channel maintenance. The department shall coordinate with local governments and other interest groups to maximize the eligibility of projects for funding and to assist in the preparation of appropriate financial assistance documentation.

SECTION 5. All new programs authorized under this House Bill No. ____, 1999 Regular Session, shall be subject to the availability of funds specifically appropriated by the Legislature during the 1999 Regular Session and any subsequent session. It is the intent of the Legislature that this act shall be codified but that no section enacted by this House Bill No. ____, 1999 Regular Session, shall take effect until the Legislature has funded any new programs authorized under this act by line item appropriation, and the line item appropriation is certified by the Legislative Budget Office to the Secretary of State.

SECTION 6. This act shall take effect and be in force from and after July 1, 1999.