Senate Bill sb1524

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2001                                  SB 1524

    By Senator Constantine





    9-835-01

  1                      A bill to be entitled

  2         An act relating to water management; creating

  3         s. 373.1502, F.S.; creating the Comprehensive

  4         Everglades Restoration Plan Regulation Act;

  5         providing an expedited permitting program for

  6         project components as part of the comprehensive

  7         plan; amending s. 373.026, F.S.; providing that

  8         state funds for land purchases are authorized

  9         if contained within the Florida Forever Water

10         Management District Work Plan; amending s.

11         373.470, F.S.; revising the due date for the

12         annual comprehensive plan report; amending s.

13         403.088, F.S.; providing standards for the

14         permitting of construction, operation, and

15         maintenance of facilities in the South Florida

16         ecosystem; providing an effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  Section 373.1502, Florida Statutes, is

21  created to read:

22         373.1502  Regulation of comprehensive plan project

23  components.--

24         (1)  SHORT TITLE.--This section may be cited as the

25  "Comprehensive Everglades Restoration Plan Regulation Act."

26         (2)  FINDINGS; INTENT.--

27         (a)  The Legislature finds that implementation of the

28  comprehensive plan, as defined in s. 373.470(2)(a), is in the

29  public interest and is necessary for achieving the

30  water-related needs of South Florida, including water quality,

31  water supply, flood protection, and natural systems.

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 1524
    9-835-01




  1         (b)  The Legislature intends to provide efficient and

  2  effective permitting of project components, taking into

  3  account all other statutory responsibilities the department

  4  and the South Florida Water Management District are required

  5  to consider.

  6         (3)  REGULATION OF COMPREHENSIVE PLAN STRUCTURES AND

  7  FACILITIES.--

  8         (a)  This subsection applies to all project components

  9  identified in the comprehensive plan unless the project

10  component is otherwise subject to ss. 373.4592, 373.4595, or

11  the department's rules on reuse of reclaimed water. Permits

12  issued under this subsection are in lieu of all other permits

13  required under this chapter or chapter 403, except for permits

14  issued under any delegated or approved federal program.

15         (b)  The department shall issue a permit for a term of

16  5 years for the construction, operation, modification, or

17  maintenance of a project component upon submission of a

18  complete permit application. If the department is the entity

19  responsible for the construction, operation, modification, or

20  maintenance of any individual project component, the district

21  shall act on the department's permit application under this

22  subsection. The permit application must provide reasonable

23  assurances that:

24         1.  The project component will achieve the design

25  objectives set forth in the detailed design documents

26  submitted as part of the application.

27         2.  Operation of the project component will meet state

28  water quality standards to the maximum extent practicable. If

29  state water quality standards will not be met, operation of

30  the project component must result in equal or better water

31  quality.

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 1524
    9-835-01




  1         3.  Discharges from the project component will not pose

  2  a serious danger to public health, safety, or welfare.

  3         4.  Any impacts to wetlands or threatened or endangered

  4  species resulting from implementation of the project component

  5  will be minimized and mitigated as appropriate.

  6         (c)  Construction activities for comprehensive plan

  7  project components may be initiated upon submission of a

  8  complete permit application but before final agency action or

  9  notice of intended agency action. However, a permit must be

10  obtained before the commencement or modification of operation.

11         (d)  Permits issued under this subsection must contain

12  reasonable conditions to ensure that water quality resulting

13  from construction and operation of project components is

14  adequately and accurately monitored.

15         (e)  Permits issued under this subsection may:

16         1.  Authorize construction, operation, modification,

17  and maintenance of individual or multiple project components

18  under a single permit;

19         2.  Include any standard conditions provided by

20  department rule which are appropriate and consistent with this

21  subsection; or

22         3.  Establish reporting requirements that are

23  consolidated with other reports if all reporting requirements

24  are met.

25         (f)  The permitting entity shall require a processing

26  fee in an amount sufficient to cover the costs of reviewing

27  and acting upon any application for a permit under this

28  section and to cover the costs of surveillance and other field

29  services and related support activities associated with any

30  permit issued under this section.

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 1524
    9-835-01




  1         (g)  At least 60 days before the expiration of any

  2  permit issued under this subsection, the permittee may apply

  3  for a renewal for a term of 5 years. Such submittals are

  4  considered timely and sufficient under s. 120.60(4). Permits

  5  issued under this subsection may be modified upon review and

  6  approval by the department or district, as appropriate.

  7         Section 2.  Paragraph (c) of subsection (8) of section

  8  373.026, Florida Statutes, is amended to read:

  9         373.026  General powers and duties of the

10  department.--The department, or its successor agency, shall be

11  responsible for the administration of this chapter at the

12  state level. However, it is the policy of the state that, to

13  the greatest extent possible, the department may enter into

14  interagency or interlocal agreements with any other state

15  agency, any water management district, or any local government

16  conducting programs related to or materially affecting the

17  water resources of the state. All such agreements shall be

18  subject to the provisions of s. 373.046. In addition to its

19  other powers and duties, the department shall, to the greatest

20  extent possible:

21         (8)

22         (c)  Notwithstanding paragraph (b), the use of state

23  funds for land purchases from willing sellers is authorized

24  for projects within the district's approved 5-year plan of

25  acquisition pursuant to s. 373.59 or within the South Florida

26  Water Management District's approved Florida Forever Water

27  Management District Work Plan pursuant to s. 373.199.

28         Section 3.  Subsection (7) of section 373.470, Florida

29  Statutes, is amended to read:

30         373.470  Everglades restoration.--

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 1524
    9-835-01




  1         (7)  ANNUAL REPORT.--To provide enhanced oversight of

  2  and accountability for the financial commitments established

  3  under this section and the progress made in the implementation

  4  of the comprehensive plan, the following information must be

  5  prepared annually:

  6         (a)  The district, in cooperation with the department,

  7  shall provide the following information as it relates to

  8  implementation of the comprehensive plan:

  9         1.  An identification of funds, by source and amount,

10  received by the state and by each local sponsor during the

11  fiscal year.

12         2.  An itemization of expenditures, by source and

13  amount, made by the state and by each local sponsor during the

14  fiscal year.

15         3.  A description of the purpose for which the funds

16  were expended.

17         4.  The unencumbered balance of funds remaining in

18  trust funds or other accounts designated for implementation of

19  the comprehensive plan.

20         5.  A schedule of anticipated expenditures for the next

21  fiscal year.

22         (b)  The department shall prepare a detailed report on

23  all funds expended by the state and credited toward the

24  state's share of funding for implementation of the

25  comprehensive plan. The report shall include:

26         1.  A description of all expenditures, by source and

27  amount, from the Conservation and Recreation Lands Trust Fund,

28  the Land Acquisition Trust Fund, the Preservation 2000 Trust

29  Fund, the Florida Forever Trust Fund, the Save Our Everglades

30  Trust Fund, and other named funds or accounts for the

31

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 1524
    9-835-01




  1  acquisition or construction of project components or other

  2  features or facilities that benefit the comprehensive plan.

  3         2.  A description of the purposes for which the funds

  4  were expended.

  5         3.  The unencumbered fiscal-year-end balance that

  6  remains in each trust fund or account identified in

  7  subparagraph 1.

  8         (c)  The district, in cooperation with the department,

  9  shall provide a detailed report on progress made in the

10  implementation of the comprehensive plan, including the status

11  of all project components initiated after the effective date

12  of this act or the date of the last report prepared under this

13  subsection, whichever is later.

14

15  The information required in paragraphs (a), (b), and (c) shall

16  be provided annually in a single report to the Governor, the

17  President of the Senate, and the Speaker of the House of

18  Representatives, and copies of the report must be made

19  available to the public. The initial report is due by November

20  30, 2000, and each annual report thereafter is due by January

21  31 November 30.

22         Section 4.  Paragraph (g) of subsection (2) of section

23  403.088, Florida Statutes, is amended to read:

24         403.088  Water pollution operation permits;

25  conditions.--

26         (2)

27         (g)  The Legislature finds that the restoration of the

28  South Florida ecosystem Everglades Protection Area, including

29  the construction, operation, and maintenance of stormwater

30  treatment areas (STAs) is in the public interest. Accordingly,

31  whenever a facility to be constructed, operated, or maintained

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 1524
    9-835-01




  1  in accordance with s. 373.1501, s. 373.1502, s. 373.4595, or

  2  s. 373.4592 is subjected to permitting requirements pursuant

  3  to chapter 373 or this chapter, and the issuance of the

  4  initial permit for a new source, a new discharger, or a

  5  recommencing discharger is subjected to a request for hearing

  6  pursuant to s. 120.569, the administrative law judge may, upon

  7  motion by the permittee, issue a recommended order to the

  8  secretary who, within 5 days, shall issue an order authorizing

  9  the interim construction, operation, and maintenance of the

10  facility if it complies with all uncontested conditions of the

11  proposed permit and all other conditions recommended by the

12  administrative law judge during the period until the final

13  agency action on the permit.

14         1.  An order authorizing such interim construction,

15  operation, and maintenance shall be granted if requested by

16  motion and no party opposes it.

17         2.  If a party to the administrative hearing pursuant

18  to ss. 120.569 and 120.57 opposes the motion, the

19  administrative law judge shall issue a recommended order

20  granting the motion if the administrative law judge finds

21  that:

22         a.  The facility is likely to receive the permit; and

23         b.  The environment will not be irreparably harmed by

24  the construction, operation, or maintenance of the facility

25  pending final agency action on the permit.

26         3.  Prior to granting a contested motion for interim

27  construction, operation, or maintenance of a facility

28  regulated or otherwise permitted authorized by s. 373.1501, s.

29  373.1502, s. 373.4595, or s. 373.4592, the administrative law

30  judge shall conduct a hearing using the summary hearing

31  process defined in s. 120.574, which shall be mandatory for

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 1524
    9-835-01




  1  motions made pursuant to this paragraph.  Notwithstanding the

  2  provisions of s. 120.574(1), summary hearing proceedings for

  3  these facilities shall begin within 30 days of the motion made

  4  by the permittee. Within 15 days of the conclusion of the

  5  summary proceeding, the administrative law judge shall issue a

  6  recommended order either denying or approving interim

  7  construction, operation, or maintenance of the facility, which

  8  shall be submitted to the secretary who shall within 5 days

  9  thereafter, enter an order granting or denying interim

10  construction operation or maintenance of the facility. The

11  order shall remain in effect until final agency action is

12  taken on the permit.

13         Section 5.  This act shall take effect upon becoming a

14  law.

15

16            *****************************************

17                          SENATE SUMMARY

18    Creates the Comprehensive Everglades Restoration Plan
      Regulation Act providing an expedited permitting program
19    for project components. Authorizes the use of state funds
      for land purchases contained in the Florida Forever Water
20    Management District Plan. Revises the due date for the
      annual comprehensive plan report. Provides standards for
21    permitting of construction, operation, and maintenance of
      facilities in the South Florida ecosystem.
22

23

24

25

26

27

28

29

30

31

                                  8

CODING: Words stricken are deletions; words underlined are additions.