MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Ports and Marine Resources; Appropriations

By: Senator(s) Moffatt

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; TO REQUIRE THE DEPARTMENT OF MARINE RESOURCES TO ENTER INTO AGREEMENTS REGARDING THE COST OF ACQUISITION AND MAINTENANCE OF DREDGING EQUIPMENT AND TO ASSURE THE COSTS FOR OPERATIONAL EXPENSES; 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 or other available 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. The department may apply for, receive and expend federal, state, local and any other public or private funds for beach erosion and channel maintenance.

SECTION 5. (1) The department may purchase any equipment, including dredges, to implement the beach erosion and channel maintenance program.

(2) Before purchasing any dredging equipment for use in the beach erosion and channel maintenance program, the department shall enter into a written agreement with each state agency, political subdivision of the state, any agency of a political subdivision and any other entity which may use the dredging equipment to provide for the payment of that agency's, subdivision's or entity's share of the cost of the acquisition and regular maintenance of the dredging equipment.

(3) Any state agency, political subdivision of the state, any agency of a political subdivision or any other entity using any equipment or other services of the beach erosion and channel maintenance program shall pay the department for operational expenses for use of the equipment or provision of the services. In determining the cost to be assessed for the equipment or services, the department shall consider the operational costs, including personnel costs, supplies, and other reasonable direct and indirect costs of providing the equipment or services.

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