Bill Text: FL S0602 | 2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Stormwater Management Permits

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Failed) 2012-03-09 - Died in Budget, companion bill(s) passed, see CS/CS/CS/CS/HB 503 (Ch. [S0602 Detail]

Download: Florida-2012-S0602-Introduced.html

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       Florida Senate - 2012                                     SB 602
       
       
       
       By Senator Storms
       
       
       
       
       10-00623A-12                                           2012602__
    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
    4         special act, local ordinance, or interlocal agreement
    5         of a county or municipality to receive certain reduced
    6         or waived permit processing fees; requiring that the
    7         project for which such fee reduction or waiver is
    8         sought serves a public purpose; amending s. 373.118,
    9         F.S.; requiring that the Department of Environmental
   10         Protection initiate rulemaking to adopt a general
   11         permit for stormwater management systems serving
   12         airside activities at airports; providing for
   13         statewide application of the general permit; providing
   14         for any water management district or delegated local
   15         government to administer the general permit; providing
   16         that the rules are not subject to any special
   17         rulemaking requirements relating to small business;
   18         creating s. 373.4131, F.S.; authorizing certain
   19         municipalities and counties to adopt stormwater
   20         management plans and obtain conceptual permits for
   21         urban redevelopment projects; defining the term
   22         “stormwater management plan”; requiring the Department
   23         of Environmental Protection and water management
   24         districts to establish conceptual permits for urban
   25         redevelopment projects; providing permit requirements;
   26         providing that certain urban redevelopment projects
   27         qualify for a general permit; providing an effective
   28         date.
   29  
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Section 218.075, Florida Statutes, is amended to
   33  read:
   34         218.075 Reduction or waiver of permit processing fees.
   35  Notwithstanding any other provision of law, the Department of
   36  Environmental Protection and the water management districts
   37  shall reduce or waive permit processing fees for counties with a
   38  population of 50,000 or fewer less on April 1, 1994, until such
   39  counties exceed a population of 75,000 and municipalities with a
   40  population of 25,000 or fewer; an entity created by special act,
   41  local ordinance, or interlocal agreement of such counties or
   42  municipalities; less, or any county or municipality not included
   43  within a metropolitan statistical area. Fee reductions or
   44  waivers shall be approved on the basis of fiscal hardship or
   45  environmental need for a particular project or activity. The
   46  governing body must certify that the cost of the permit
   47  processing fee is a fiscal hardship due to one of the following
   48  factors:
   49         (1) Per capita taxable value is less than the statewide
   50  average for the current fiscal year;
   51         (2) Percentage of assessed property value that is exempt
   52  from ad valorem taxation is higher than the statewide average
   53  for the current fiscal year;
   54         (3) Any condition specified in s. 218.503(1) which results
   55  in the county or municipality being in a state of financial
   56  emergency;
   57         (4) Ad valorem operating millage rate for the current
   58  fiscal year is greater than 8 mills; or
   59         (5) A financial condition that is documented in annual
   60  financial statements at the end of the current fiscal year and
   61  indicates an inability to pay the permit processing fee during
   62  that fiscal year.
   63  
   64  The permit applicant must be the governing body of a county or
   65  municipality, or a third party under contract with a county or
   66  municipality, or an entity created by special act, local
   67  ordinance, or interlocal agreement, and the project for which
   68  the fee reduction or waiver is sought must serve a public
   69  purpose. If a permit processing fee is reduced, the total fee
   70  may shall not exceed $100.
   71         Section 2. Subsection (6) is added to section 373.118,
   72  Florida Statutes, to read:
   73         373.118 General permits; delegation.—
   74         (6) By July 1, 2012, the department shall initiate
   75  rulemaking to adopt a general permit for stormwater management
   76  systems serving airside activities at airports. The general
   77  permit applies statewide and shall be administered by any water
   78  management district or any delegated local government pursuant
   79  to the operating agreements applicable to part IV of this
   80  chapter, with no additional rulemaking required. These rules are
   81  not subject to any special rulemaking requirements related to
   82  small business.
   83         Section 3. Section 373.4131, Florida Statutes, is created
   84  to read:
   85         373.4131 Conceptual permits for urban redevelopment
   86  projects.—
   87         (1) A municipality or county that has created a community
   88  redevelopment area or an urban infill and redevelopment area
   89  pursuant to chapter 163 may adopt a stormwater management plan
   90  that addresses the quantity and quality of stormwater discharges
   91  for the redevelopment or infill area and may obtain a conceptual
   92  permit from the water management district or the Department of
   93  Environmental Protection.
   94         (2) For purposes of this section, the term “stormwater
   95  management plan” means a master drainage plan that, to the
   96  extent feasible:
   97         (a) Improves the quality of stormwater runoff discharged
   98  from the project area.
   99         (b) Controls the rate and volume of stormwater discharges
  100  to the extent that offsite flooding or other adverse water
  101  quantity impacts are not exacerbated by the proposed
  102  redevelopment project.
  103         (c) Is designed based on a feasibility assessment of
  104  stormwater best management practices, including low impact
  105  development techniques and regional stormwater treatment
  106  systems, that consider the size and physical site
  107  characteristics of the project area.
  108         (3) The department and water management districts shall
  109  establish conceptual permits for urban redevelopment projects
  110  created under part III of chapter 163 or an urban infill and
  111  redevelopment area designated under s. 163.2517. The conceptual
  112  permits:
  113         (a) Must allow for the rate and volume of stormwater
  114  discharges for stormwater management systems of urban
  115  redevelopment projects located within a community redevelopment
  116  area created under part III of chapter 163 or an urban infill
  117  and redevelopment area designated under s. 163.2517 to continue
  118  up to the maximum rate and volume of stormwater discharges
  119  within the area as of the date the stormwater management plan
  120  was adopted.
  121         (b) Must presume that stormwater discharges for stormwater
  122  management systems of urban redevelopment projects located
  123  within a community redevelopment area created under part III of
  124  chapter 163 or an urban infill and redevelopment area designated
  125  under s. 163.2517 that demonstrate a net improvement of the
  126  quality of the discharged water that existed as of the date the
  127  stormwater management plan was adopted for any applicable
  128  pollutants of concern in the receiving water body do not cause
  129  or contribute to violations of water quality criteria.
  130         (c) May not prescribe additional or more stringent
  131  limitations concerning the quantity and quality of stormwater
  132  discharges from stormwater management systems than provided in
  133  this section.
  134         (d) Shall be issued for a duration of at least 20 years,
  135  and may be renewed, unless a shorter duration is requested by
  136  the applicant.
  137         (4) Urban redevelopment projects that meet the criteria
  138  established in the conceptual permit pursuant to this section
  139  qualify for a general permit that authorizes construction and
  140  operation of the permitted system.
  141         Section 4. This act shall take effect July 1, 2012.