Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. SB 602 Barcode 860542 LEGISLATIVE ACTION Senate . House Comm: RCS . 01/12/2012 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Storms) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 218.075, Florida Statutes, is amended to 6 read: 7 218.075 Reduction or waiver of permit processing fees. 8 Notwithstanding any other provision of law, the Department of 9 Environmental Protection and the water management districts 10 shall reduce or waive permit processing fees for counties with a 11 population of 50,000 or fewer
lesson April 1, 1994, until such 12 counties exceed a population of 75,000 and municipalities with a 13 population of 25,000 or fewer; an entity created by special act, 14 local ordinance, or interlocal agreement of such counties or 15 municipalities; less,or any county or municipality not included 16 within a metropolitan statistical area. Fee reductions or 17 waivers shall be approved on the basis of fiscal hardship or 18 environmental need for a particular project or activity. The 19 governing body must certify that the cost of the permit 20 processing fee is a fiscal hardship due to one of the following 21 factors: 22 (1) Per capita taxable value is less than the statewide 23 average for the current fiscal year; 24 (2) Percentage of assessed property value that is exempt 25 from ad valorem taxation is higher than the statewide average 26 for the current fiscal year; 27 (3) Any condition specified in s. 218.503(1) which results 28 in the county or municipality being in a state of financial 29 emergency; 30 (4) Ad valorem operating millage rate for the current 31 fiscal year is greater than 8 mills; or 32 (5) A financial condition that is documented in annual 33 financial statements at the end of the current fiscal year and 34 indicates an inability to pay the permit processing fee during 35 that fiscal year. 36 37 The permit applicant must be the governing body of a county 38 or municipality, ora third party under contract with a county 39 or municipality, or an entity created by special act, local 40 ordinance, or interlocal agreement and the project for which the 41 fee reduction or waiver is sought must serve a public purpose. 42 If a permit processing fee is reduced, the total fee may shall43 not exceed $100. 44 Section 2. Subsection (6) is added to section 373.118, 45 Florida Statutes, to read: 46 373.118 General permits; delegation.— 47 (6) By July 1, 2012, the department shall initiate 48 rulemaking to adopt a general permit for stormwater management 49 systems serving airside activities at airports. The general 50 permit applies statewide and shall be administered by any water 51 management district or any delegated local government pursuant 52 to the operating agreements applicable to part IV of this 53 chapter, with no additional rulemaking required. These rules are 54 not subject to any special rulemaking requirements related to 55 small business. 56 Section 3. Section 373.4131, Florida Statutes, is created 57 to read: 58 373.4131 Conceptual permits for urban redevelopment 59 projects.— 60 (1) A municipality or county that has created a community 61 redevelopment area or an urban infill and redevelopment area 62 pursuant to chapter 163 may adopt a stormwater adaptive 63 management plan that addresses the quantity and quality of 64 stormwater discharges for the area and may obtain a conceptual 65 permit from the water management district or the Department of 66 Environmental Protection. 67 (2) The conceptual permit shall be established by a water 68 management district in consultation with the department and: 69 (a) Must allow for the rate and volume of stormwater 70 discharges for stormwater management systems of urban 71 redevelopment projects located within a community redevelopment 72 area created under part III of chapter 163 or an urban infill 73 and redevelopment area designated under s. 163.2517 to continue 74 up to the maximum rate and volume of stormwater discharges 75 within the area as of the date the stormwater adaptive 76 management plan was adopted. 77 (b) Must presume that stormwater discharges for stormwater 78 management systems of urban redevelopment projects located 79 within a community redevelopment area created under part III of 80 chapter 163 or an urban infill and redevelopment area designated 81 under s. 163.2517 which demonstrate a net improvement of the 82 quality of the discharged water that existed as of the date the 83 stormwater adaptive management plan was adopted for any 84 applicable pollutants of concern in the receiving water body do 85 not cause or contribute to violations of water quality criteria. 86 (c) May not prescribe additional or more stringent 87 limitations concerning the quantity and quality of stormwater 88 discharges from stormwater management systems than provided in 89 this section. 90 (d) Shall be issued for a duration of 20 years, unless a 91 shorter duration is requested by the applicant. 92 (3) Urban redevelopment projects that meet the criteria 93 established in the conceptual permit pursuant to this section 94 qualify for a noticed general permit that authorizes 95 construction and operation for the duration of the conceptual 96 permit. 97 (4) Notwithstanding subsections (1) through (3), permits 98 issued pursuant to this section may not conflict with the 99 requirements of a federally approved program pursuant to s. 100 403.0885 or with the implementation of s. 403.067(7) regarding 101 total maximum daily loads and basin management plans. 102 Section 4. This act shall take effect July 1, 2012. 103 ================= T I T L E A M E N D M E N T ================ 104 And the title is amended as follows: 105 Delete everything before the enacting clause 106 and insert: 107 A bill to be entitled 108 An act relating to stormwater management permits; amending 109 s. 218.075, F.S.; allowing an entity created by special act, 110 local ordinance, or interlocal agreement of a county or 111 municipality to receive certain reduced or waived permit 112 processing fees; amending s. 373.118, F.S.; requiring that the 113 Department of Environmental Protection initiate rulemaking to 114 adopt a general permit for stormwater management systems serving 115 airside activities at airports; providing for statewide 116 application of the general permit; providing for any water 117 management district or delegated local government to administer 118 the general permit; providing that the rules are not subject to 119 any special rulemaking requirements relating to small business; 120 creating s. 373.4131, F.S.; authorizing certain municipalities 121 and counties to adopt stormwater adaptive management plans and 122 obtain conceptual permits for urban redevelopment projects; 123 providing requirements for establishment of such permits by 124 water management districts in consultation with the Department 125 of Environmental Protection; providing that certain urban 126 redevelopment projects qualify for a noticed general permit; 127 providing that provisions may not conflict with existing 128 federally delegated pollution reduction programs; providing an 129 effective date.