Florida Senate - 2012 CS for CS for CS for SB 602 By the Committees on Budget Subcommittee on General Government Appropriations; Transportation; and Community Affairs; and Senator Storms 601-04259A-12 2012602c3 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; requiring a challenge to a consolidated 28 environmental resource permit or associated variance 29 or any sovereign submerged lands authorization 30 proposed or issued by the Department of Environmental 31 Protection in connection with specified deepwater 32 ports to be conducted pursuant to specified summary 33 hearing provisions and within a certain timeframe; 34 providing that the administrative law judge’s decision 35 is a recommended order and does not constitute final 36 agency action of the department; requiring the 37 department to issue the final order within a certain 38 timeframe; providing applicability; providing 39 effective dates. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1. Section 218.075, Florida Statutes, is amended to 44 read: 45 218.075 Reduction or waiver of permit processing fees. 46 Notwithstanding any other provision of law, the Department of 47 Environmental Protection and the water management districts 48 shall reduce or waive permit processing fees for counties with a 49 population of 50,000 or fewer
lesson April 1, 1994, until such 50 counties exceed a population of 75,000 and municipalities with a 51 population of 25,000 or fewer; an entity created by special act, 52 local ordinance, or interlocal agreement of such counties or 53 municipalities; less,or any county or municipality not included 54 within a metropolitan statistical area. Fee reductions or 55 waivers shall be approved on the basis of fiscal hardship or 56 environmental need for a particular project or activity. The 57 governing body must certify that the cost of the permit 58 processing fee is a fiscal hardship due to one of the following 59 factors: 60 (1) Per capita taxable value is less than the statewide 61 average for the current fiscal year; 62 (2) Percentage of assessed property value that is exempt 63 from ad valorem taxation is higher than the statewide average 64 for the current fiscal year; 65 (3) Any condition specified in s. 218.503(1) which results 66 in the county or municipality being in a state of financial 67 emergency; 68 (4) Ad valorem operating millage rate for the current 69 fiscal year is greater than 8 mills; or 70 (5) A financial condition that is documented in annual 71 financial statements at the end of the current fiscal year and 72 indicates an inability to pay the permit processing fee during 73 that fiscal year. 74 75 The permit applicant must be the governing body of a county or 76 municipality, ora third party under contract with a county or 77 municipality, or an entity created by special act, local 78 ordinance, or interlocal agreement and the project for which the 79 fee reduction or waiver is sought must serve a public purpose. 80 If a permit processing fee is reduced, the total fee may shall81 not exceed $100. 82 Section 2. Subsection (6) is added to section 373.118, 83 Florida Statutes, to read: 84 373.118 General permits; delegation.— 85 (6) By July 1, 2012, the department shall initiate 86 rulemaking to adopt a general permit for stormwater management 87 systems serving airside activities at airports. The general 88 permit applies statewide and shall be administered by any water 89 management district or any delegated local government pursuant 90 to the operating agreements applicable to part IV of this 91 chapter, with no additional rulemaking required. These rules are 92 not subject to any special rulemaking requirements related to 93 small business. 94 Section 3. Section 373.4131, Florida Statutes, is created 95 to read: 96 373.4131 Conceptual permits for urban redevelopment 97 projects.— 98 (1) A municipality or county that has created a community 99 redevelopment area or an urban infill and redevelopment area 100 pursuant to chapter 163 may adopt a stormwater adaptive 101 management plan that addresses the quantity and quality of 102 stormwater discharges for the area and may obtain a conceptual 103 permit from a water management district or the Department of 104 Environmental Protection. 105 (2) The conceptual permit shall be established by a water 106 management district in consultation with the department and: 107 (a) Must allow for the rate and volume of stormwater 108 discharges for stormwater management systems of urban 109 redevelopment projects located within a community redevelopment 110 area created under part III of chapter 163 or an urban infill 111 and redevelopment area designated under s. 163.2517 to continue 112 up to the maximum rate and volume of stormwater discharges 113 within the area as of the date the stormwater adaptive 114 management plan was adopted. 115 (b) Must presume that stormwater discharges for stormwater 116 management systems of urban redevelopment projects located 117 within a community redevelopment area created under part III of 118 chapter 163 or an urban infill and redevelopment area designated 119 under s. 163.2517 which demonstrate a net improvement of the 120 quality of the discharged water that existed as of the date the 121 stormwater adaptive management plan was adopted for any 122 applicable pollutants of concern in the receiving water body do 123 not cause or contribute to violations of water quality criteria. 124 (c) May not prescribe additional or more stringent 125 limitations concerning the quantity and quality of stormwater 126 discharges from stormwater management systems than provided in 127 this section. 128 (d) Shall be issued for a duration of at least 20 years and 129 may be renewed, unless a shorter duration is requested by the 130 applicant. 131 (3) Urban redevelopment projects that meet the criteria 132 established in the conceptual permit pursuant to this section 133 qualify for a noticed general permit that authorizes 134 construction and operation for the duration of the conceptual 135 permit. 136 (4) Notwithstanding subsections (1)-(3), permits issued 137 pursuant to this section may not conflict with the requirements 138 of a federally approved program pursuant to s. 403.0885 or with 139 the implementation of s. 403.067(7) regarding total maximum 140 daily loads and basin management plans. 141 Section 4. Notwithstanding s. 120.569, s. 120.57, or s. 142 373.427, Florida Statutes, or any other provision of law to the 143 contrary, a challenge to a consolidated environmental resource 144 permit or any associated variance or any sovereign submerged 145 lands authorization proposed or issued by the Department of 146 Environmental Protection in connection with the state’s 147 deepwater ports, as listed in s. 403.021(9), Florida Statutes, 148 shall be conducted pursuant to the summary hearing provisions of 149 s. 120.574, Florida Statutes. However, the summary proceeding 150 shall be conducted within 30 days after a party files a motion 151 for a summary hearing, regardless of whether the parties agree 152 to the summary proceeding, and the administrative law judge’s 153 decision shall be in the form of a recommended order and does 154 not constitute final agency action of the department. The 155 department shall issue the final order within 45 working days 156 after receipt of the administrative law judge’s recommended 157 order. The summary hearing provisions of this section apply to 158 pending administrative proceedings. However, the provisions of 159 s. 120.574(1)(b) and (d), Florida Statutes, do not apply to 160 pending administrative proceedings. This section shall take 161 effect upon this act becoming a law. 162 Section 5. Except as otherwise expressly provided in this 163 act and except for this section, which shall take effect upon 164 this act becoming a law, this act shall take effect July 1, 165 2012.