Purpose
The rule requires a public entity that commissions or manages a construction project within the coastal building zone using funds appropriated from the state to conduct a sea-level impact projection (SLIP) study prior to commencing construction. The rule provides that this provision is effective one year after the Department of Environmental Protection’s (DEP) rule regarding SLIP studies is finalized. The required SLIP study must be conducted, submitted to the DEP, and published on the DEP’s website before construction can commence. The rule establishes standards for the SLIP studies, and the standards must include certain requirements for how the studies will be conducted and the information they must contain. The DEP must publish and maintain a copy of all SLIP studies on its website for 10 years after receipt. The bill requires the DEP to adopt rules as necessary to administer the section and authorizes the DEP to enforce the requirements of the section. The rule authorizes the DEP to bring a civil action to seek injunctive relief to cease construction, enforce the section or rules adopted pursuant thereto, or seek recovery of state funds expended on a coastal structure, if construction commences without complying with the section. The rule may not be construed to create a cause of action for damages or otherwise authorize the imposition of penalties by a public entity for failure to implement what is contained in the SLIP study.