Bill Text: FL H0389 | 2011 | Regular Session | Comm Sub

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Bill Title: Environmental Permits

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0389 Detail]

Download: Florida-2011-H0389-Comm_Sub.html

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CS/CS/HB 389

1	A bill to be entitled
2	An act relating to environmental permits; amending s.
3	218.075, F.S.; providing for an entity created by special
4	act, local ordinance, or interlocal agreement of a county
5	or municipality to receive certain reduced or waived
6	permit processing fees; requiring that the project for
7	which such fee reduction or waiver is sought serves a
8	public purpose; amending s. 373.118, F.S.; requiring that
9	the Department of Environmental Protection initiate
10	rulemaking to adopt a general permit for stormwater
11	management systems serving airside activities at airports;
12	providing for statewide application of the general permit;
13	providing for any water management district or delegated
14	local government to administer the general permit;
15	providing that the rules are not subject to any special
16	rulemaking requirements relating to small business;
17	creating s. 373.4131, F.S.; authorizing certain
18	municipalities and counties to adopt stormwater adaptive
19	management plans and obtain conceptual permits for urban
20	redevelopment projects; providing requirements for
21	establishment of such permits by water management
22	districts in consultation with the Department of
23	Environmental Protection; providing that certain urban
24	redevelopment projects qualify for a noticed general
25	permit; providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Section 218.075, Florida Statutes, is amended
30	to read:
31	218.075  Reduction or waiver of permit processing fees.-
32	Notwithstanding any other provision of law, the Department of
33	Environmental Protection and the water management districts
34	shall reduce or waive permit processing fees for counties with a
35	population of 50,000 or fewer less on April 1, 1994, until such
36	counties exceed a population of 75,000 and municipalities with a
37	population of 25,000 or fewer; an entity created by special act,
38	local ordinance, or interlocal agreement of such counties or
39	municipalities; less, or any county or municipality not included
40	within a metropolitan statistical area. Fee reductions or
41	waivers shall be approved on the basis of fiscal hardship or
42	environmental need for a particular project or activity. The
43	governing body must certify that the cost of the permit
44	processing fee is a fiscal hardship due to one of the following
45	factors:
46	(1)  Per capita taxable value is less than the statewide
47	average for the current fiscal year;
48	(2)  Percentage of assessed property value that is exempt
49	from ad valorem taxation is higher than the statewide average
50	for the current fiscal year;
51	(3)  Any condition specified in s. 218.503(1) which results
52	in the county or municipality being in a state of financial
53	emergency;
54	(4)  Ad valorem operating millage rate for the current
55	fiscal year is greater than 8 mills; or
56	(5)  A financial condition that is documented in annual
57	financial statements at the end of the current fiscal year and
58	indicates an inability to pay the permit processing fee during
59	that fiscal year.
60
61	The permit applicant must be the governing body of a county or
62	municipality, or a third party under contract with a county or
63	municipality, or an entity created by special act, local
64	ordinance, or interlocal agreement, and the project for which
65	the fee reduction or waiver is sought must serve a public
66	purpose. If a permit processing fee is reduced, the total fee
67	may shall not exceed $100.
68	Section 2.  Subsection (6) is added to section 373.118,
69	Florida Statutes, to read:
70	373.118  General permits; delegation.-
71	(6)  By July 1, 2011, the department shall initiate
72	rulemaking to adopt a general permit for stormwater management
73	systems serving airside activities at airports. The general
74	permit applies statewide and shall be administered by any water
75	management district or any delegated local government pursuant
76	to the operating agreements applicable to part IV of this
77	chapter, with no additional rulemaking required. These rules are
78	not subject to any special rulemaking requirements related to
79	small business.
80	Section 3.  Section 373.4131, Florida Statutes, is created
81	to read:
82	373.4131  Conceptual permits for urban redevelopment
83	projects.-
84	(1)  A municipality or county that has created a community
85	redevelopment area or an urban infill and redevelopment area
86	pursuant to chapter 163 may adopt a stormwater adaptive
87	management plan that addresses the quantity and quality of
88	stormwater discharges for the redevelopment or infill area and
89	may obtain a conceptual permit from the water management
90	district or the Department of Environmental Protection.
91	(2)  The conceptual permit established by a water
92	management district in consultation with the department:
93	(a)  Must allow for the rate and volume of stormwater
94	discharges for stormwater management systems of urban
95	redevelopment projects located within a community redevelopment
96	area created under part III of chapter 163 or an urban infill
97	and redevelopment area designated under s. 163.2517 to continue
98	up to the maximum rate and volume of stormwater discharges
99	within the area as of the date the stormwater adaptive
100	management plan was adopted.
101	(b)  Must presume that stormwater discharges for stormwater
102	management systems of urban redevelopment projects located
103	within a community redevelopment area created under part III of
104	chapter 163 or an urban infill and redevelopment area designated
105	under s. 163.2517 that demonstrate a net improvement of the
106	quality of the discharged water that existed as of the date the
107	stormwater adaptive management plan was adopted for any
108	applicable pollutants of concern in the receiving water body do
109	not cause or contribute to violations of water quality criteria.
110	(c)  May not prescribe additional or more stringent
111	limitations concerning the quantity and quality of stormwater
112	discharges from stormwater management systems than provided in
113	this section.
114	(d)  Shall be issued for a duration of 20 years, and may be
115	renewed, unless a shorter duration is requested by the
116	applicant.
117	(3)  Urban redevelopment projects that meet the criteria
118	established in the conceptual permit pursuant to this section
119	qualify for a noticed general permit that authorizes
120	construction and operation for the duration of the conceptual
121	permit.
122	Section 4.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.