Florida Senate - 2012                              CS for SB 602
       By the Committee on Community Affairs; and Senator Storms
       578-01888A-12                                          2012602c1
    1                        A bill to be entitled                      
    2         An act relating to stormwater management permits;
    3         amending s. 218.075, F.S.; allowing an entity created
    4         by special act, local ordinance, or interlocal
    5         agreement of a county or municipality to receive
    6         certain reduced or waived permit processing fees;
    7         amending s. 373.118, F.S.; requiring that the
    8         Department of Environmental Protection initiate
    9         rulemaking to adopt a general permit for stormwater
   10         management systems serving airside activities at
   11         airports; providing for statewide application of the
   12         general permit; providing for any water management
   13         district or delegated local government to administer
   14         the general permit; providing that the rules are not
   15         subject to any special rulemaking requirements
   16         relating to small business; creating s. 373.4131,
   17         F.S.; authorizing certain municipalities and counties
   18         to adopt stormwater adaptive management plans and
   19         obtain conceptual permits for urban redevelopment
   20         projects; providing requirements for establishment of
   21         such permits by water management districts in
   22         consultation with the Department of Environmental
   23         Protection; providing that certain urban redevelopment
   24         projects qualify for a noticed general permit;
   25         providing that provisions may not conflict with
   26         existing federally delegated pollution reduction
   27         programs; providing an effective date.
   29  Be It Enacted by the Legislature of the State of Florida:
   31         Section 1. Section 218.075, Florida Statutes, is amended to
   32  read:
   33         218.075 Reduction or waiver of permit processing fees.
   34  Notwithstanding any other provision of law, the Department of
   35  Environmental Protection and the water management districts
   36  shall reduce or waive permit processing fees for counties with a
   37  population of 50,000 or fewer less on April 1, 1994, until such
   38  counties exceed a population of 75,000 and municipalities with a
   39  population of 25,000 or fewer; an entity created by special act,
   40  local ordinance, or interlocal agreement of such counties or
   41  municipalities; less, or any county or municipality not included
   42  within a metropolitan statistical area. Fee reductions or
   43  waivers shall be approved on the basis of fiscal hardship or
   44  environmental need for a particular project or activity. The
   45  governing body must certify that the cost of the permit
   46  processing fee is a fiscal hardship due to one of the following
   47  factors:
   48         (1) Per capita taxable value is less than the statewide
   49  average for the current fiscal year;
   50         (2) Percentage of assessed property value that is exempt
   51  from ad valorem taxation is higher than the statewide average
   52  for the current fiscal year;
   53         (3) Any condition specified in s. 218.503(1) which results
   54  in the county or municipality being in a state of financial
   55  emergency;
   56         (4) Ad valorem operating millage rate for the current
   57  fiscal year is greater than 8 mills; or
   58         (5) A financial condition that is documented in annual
   59  financial statements at the end of the current fiscal year and
   60  indicates an inability to pay the permit processing fee during
   61  that fiscal year.
   63  The permit applicant must be the governing body of a county or
   64  municipality, or a third party under contract with a county or
   65  municipality, or an entity created by special act, local
   66  ordinance, or interlocal agreement and the project for which the
   67  fee reduction or waiver is sought must serve a public purpose.
   68  If a permit processing fee is reduced, the total fee may shall
   69  not exceed $100.
   70         Section 2. Subsection (6) is added to section 373.118,
   71  Florida Statutes, to read:
   72         373.118 General permits; delegation.—
   73         (6) By July 1, 2012, the department shall initiate
   74  rulemaking to adopt a general permit for stormwater management
   75  systems serving airside activities at airports. The general
   76  permit applies statewide and shall be administered by any water
   77  management district or any delegated local government pursuant
   78  to the operating agreements applicable to part IV of this
   79  chapter, with no additional rulemaking required. These rules are
   80  not subject to any special rulemaking requirements related to
   81  small business.
   82         Section 3. Section 373.4131, Florida Statutes, is created
   83  to read:
   84         373.4131 Conceptual permits for urban redevelopment
   85  projects.—
   86         (1) A municipality or county that has created a community
   87  redevelopment area or an urban infill and redevelopment area
   88  pursuant to chapter 163 may adopt a stormwater adaptive
   89  management plan that addresses the quantity and quality of
   90  stormwater discharges for the area and may obtain a conceptual
   91  permit from a water management district or the Department of
   92  Environmental Protection.
   93         (2) The conceptual permit shall be established by a water
   94  management district in consultation with the department and:
   95         (a) Must allow for the rate and volume of stormwater
   96  discharges for stormwater management systems of urban
   97  redevelopment projects located within a community redevelopment
   98  area created under part III of chapter 163 or an urban infill
   99  and redevelopment area designated under s. 163.2517 to continue
  100  up to the maximum rate and volume of stormwater discharges
  101  within the area as of the date the stormwater adaptive
  102  management plan was adopted.
  103         (b) Must presume that stormwater discharges for stormwater
  104  management systems of urban redevelopment projects located
  105  within a community redevelopment area created under part III of
  106  chapter 163 or an urban infill and redevelopment area designated
  107  under s. 163.2517 which demonstrate a net improvement of the
  108  quality of the discharged water that existed as of the date the
  109  stormwater adaptive management plan was adopted for any
  110  applicable pollutants of concern in the receiving water body do
  111  not cause or contribute to violations of water quality criteria.
  112         (c) May not prescribe additional or more stringent
  113  limitations concerning the quantity and quality of stormwater
  114  discharges from stormwater management systems than provided in
  115  this section.
  116         (d) Shall be issued for a duration of 20 years, unless a
  117  shorter duration is requested by the applicant.
  118         (3) Urban redevelopment projects that meet the criteria
  119  established in the conceptual permit pursuant to this section
  120  qualify for a noticed general permit that authorizes
  121  construction and operation for the duration of the conceptual
  122  permit.
  123         (4) Notwithstanding subsections (1)-(3), permits issued
  124  pursuant to this section may not conflict with the requirements
  125  of a federally approved program pursuant to s. 403.0885 or with
  126  the implementation of s. 403.067(7) regarding total maximum
  127  daily loads and basin management plans.
  128         Section 4. This act shall take effect July 1, 2012.