Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 934
       
       
       
       
       
       
                                Barcode 848272                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/21/2013           .                                
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       The Committee on Environmental Preservation and Conservation
       (Simpson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) of section 373.4131, Florida
    6  Statutes, is amended to read:
    7         373.4131 Statewide environmental resource permitting
    8  rules.—
    9         (1)(a)No later than October 1, 2012, The department shall
   10  initiate rulemaking to adopt, in coordination with the water
   11  management districts, statewide environmental resource
   12  permitting rules governing the construction, alteration,
   13  operation, maintenance, repair, abandonment, and removal of any
   14  stormwater management system, dam, impoundment, reservoir,
   15  appurtenant work, works, or any combination thereof, under this
   16  part.
   17         (a)(b) The rules must shall provide for statewide,
   18  consistent regulation of activities under this part and must
   19  shall include, at a minimum:
   20         1. Criteria and thresholds for requiring permits.
   21         2. Types of permits.
   22         3. Procedures governing the review of applications and
   23  notices, duration and modification of permits, operational
   24  requirements, transfers of permits, provisions for emergencies,
   25  and provisions for abandonment and removal of systems.
   26         4. Exemptions and general permits that do not allow
   27  significant adverse impacts to occur individually or
   28  cumulatively.
   29         5. Conditions for issuance.
   30         6. General permit conditions, including monitoring,
   31  inspection, and reporting requirements.
   32         7. Standardized fee categories for activities under this
   33  part to promote consistency. The department and water management
   34  districts may amend fee rules to reflect the standardized fee
   35  categories but are not required to adopt identical fees for
   36  those categories.
   37         8. Application, notice, and reporting forms. To the maximum
   38  extent practicable, the department and water management
   39  districts shall provide for electronic submittal of forms and
   40  notices.
   41         9. An applicant’s handbook that, at a minimum, contains
   42  general program information, application and review procedures,
   43  a specific discussion of how environmental criteria are
   44  evaluated, and discussion of stormwater quality and quantity
   45  criteria.
   46         (b) The rules must provide for a conceptual permit for a
   47  municipality or county that creates a stormwater management
   48  master plan for urban infill and redevelopment areas or
   49  community redevelopment areas created under chapter 163. Upon
   50  approval by the department or water management district, the
   51  master plan shall become part of the conceptual permit issued by
   52  the department or water management district. The rules must
   53  additionally provide for an associated general permit for the
   54  construction and operation of urban redevelopment projects that
   55  meet the criteria established in the conceptual permit. The
   56  following requirements must also be met:
   57         1. The conceptual permit and associated general permit must
   58  not conflict with the requirements of a federally approved
   59  program pursuant to s. 403.0885 or with the implementation of s.
   60  403.067(7) regarding total maximum daily loads and basin
   61  management action plans.
   62         2. Before a conceptual permit is granted, the municipality
   63  or county must assert that stormwater discharges from the urban
   64  redevelopment area do not cause or contribute to violations of
   65  water quality standards by demonstrating a net improvement in
   66  the quality of the discharged water existing on the date the
   67  conceptual permit is approved.
   68         3. The conceptual permit may not expire for at least 20
   69  years unless a shorter duration is requested, and must include
   70  an option to renew.
   71         4. The conceptual permit must describe the rate and volume
   72  of stormwater discharges from the urban redevelopment area,
   73  including the maximum rate and volume of stormwater discharges
   74  as of the date the conceptual permit is approved.
   75         5. The conceptual permit must contain provisions regarding
   76  the use of stormwater best management practices and must ensure
   77  that stormwater management systems constructed within the urban
   78  redevelopment area are operated and maintained in compliance
   79  with s. 373.416.
   80         (c) The rules must shall rely primarily on the rules of the
   81  department and water management districts in effect immediately
   82  prior to the effective date of this section, except that the
   83  department may:
   84         1. Reconcile differences and conflicts to achieve a
   85  consistent statewide approach.
   86         2. Account for different physical or natural
   87  characteristics, including special basin considerations, of
   88  individual water management districts.
   89         3. Implement additional permit streamlining measures.
   90         (d) The application of the rules must shall continue to be
   91  governed by the first sentence of s. 70.001(12).
   92         Section 2. This act shall take effect July 1, 2013.
   93  
   94  ================= T I T L E  A M E N D M E N T ================
   95         And the title is amended as follows:
   96         Delete everything before the enacting clause
   97  and insert:
   98                        A bill to be entitled                      
   99         An act relating to stormwater management permits;
  100         amending s. 373.4131, F.S.; deleting an obsolete
  101         reference; requiring that rules for environmental
  102         resource permitting provide for conceptual permits and
  103         associated general permits for a municipality or
  104         county that creates a stormwater management master
  105         plan for urban infill and redevelopment areas or
  106         community redevelopment areas; specifying requirements
  107         for a conceptual permit; providing an effective date.