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. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 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
lesson 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. 62 63 The permit applicant must be the governing body of a county or 64 municipality, ora 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 shall69 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.