Amendment
Bill No. CS/CS/HB 1123
Amendment No. 865097
CHAMBER ACTION
Senate House
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1Representative T. Williams offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Section 373.4144, Florida Statutes, is amended
6to read:
7     373.4144  Federal environmental permitting.--
8     (1)  The Legislature intends to facilitate coordination and
9a more efficient process of implementing regulatory duties and
10functions between the Department of Environmental Protection,
11the water management districts, the United States Army Corps of
12Engineers, the United States Fish and Wildlife Service, the
13National Marine Fisheries Service, the United States
14Environmental Protection Agency, the Fish and Wildlife
15Conservation Commission, and other relevant federal and state
16agencies. The department is directed to develop, on or before
17October 1, 2005, a mechanism or plan to consolidate, to the
18maximum extent practicable, the federal and state wetland
19permitting programs. It is the intent of the Legislature that
20all dredge and fill activities impacting 10 acres or less of
21wetlands or waters, including navigable waters, be processed by
22the state as part of the environmental resource permitting
23program implemented by the department and the water management
24districts. The resulting mechanism or plan shall analyze and
25propose the development of an expanded state programmatic
26general permit program in conjunction with the United States
27Army Corps of Engineers pursuant to s. 404 of the Clean Water
28Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
29and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,
30or in combination with an expanded state programmatic general
31permit, the mechanism or plan may propose the creation of a
32series of regional general permits issued by the United States
33Army Corps of Engineers pursuant to the referenced statutes. All
34of the regional general permits must be administered by the
35department or the water management districts or their designees.
36     (2)(a)  The department shall pursue the issuance by the
37United States Army Corps of Engineers, pursuant to state and
38federal law and as set forth in this section, of an expanded
39state programmatic general permit or a series of regional
40general permits for categories of activities in waters of the
41United States governed by the Clean Water Act and in navigable
42waters under the Rivers and Harbors Act of 1899, which are
43similar in nature, which will cause only minimal adverse
44environmental effects when performed separately, and which will
45have only minimal cumulative adverse effects on the environment.
46     (b)  The department is directed to:
47     1.  Use the mechanism of a state general permit or regional
48general permits to eliminate overlapping federal regulations and
49state rules that seek to protect the same resource and to avoid
50duplication of permitting between the United States Army Corps
51of Engineers and the department for minor work located in waters
52of the United States, including navigable waters, thus
53eliminating, in appropriate cases, the need for a separate
54individual approval from the United States Army Corps of
55Engineers while ensuring the most stringent protection of
56wetland resources; and
57     2.  Not seek issuance of or take any action pursuant to any
58such permits unless the conditions are at least as protective of
59the environment and natural resources as existing state law
60under this part and federal law under the Clean Water Act and
61the Rivers and Harbors Act of 1899.
62     (c)  The department shall report to the Legislature by
63January 15 of each year on efforts to eliminate impediments to
64achieving greater efficiencies through expansion of a state
65programmatic general permit or regional general permits.
66     (3)(2)  To effectuate efficient wetland permitting and
67avoid duplication, the department and water management districts
68may implement a voluntary state programmatic general permit for
69all dredge and fill activities impacting 5 acres or less of
70wetlands or other surface waters, including navigable waters,
71subject to agreement with the United States Army Corps of
72Engineers, if the general permit is at least as protective of
73the environment and natural resources as existing state law
74under this part and federal law under the Clean Water Act and
75the Rivers and Harbors
76Act of 1899. This subsection does not prevent the department or
77water management districts from pursuing and implementing a
78state programmatic permit for projects impacting more than 5
79acres of wetlands or other surface waters. The department is
80directed to file with the Speaker of the House of
81Representatives and the President of the Senate a report
82proposing any required federal and state statutory changes that
83would be necessary to accomplish the directives listed in this
84section and to coordinate with the Florida Congressional
85Delegation on any necessary changes to federal law to implement
86the directives.
87     (4)(3)  Nothing in This section does not shall be construed
88to preclude the department from pursuing a series of regional
89general permits for construction activities in wetlands or
90surface waters or the complete assumption of federal permitting
91programs regulating the discharge of dredged or fill material
92pursuant to s. 404 of the Clean Water Act, Pub. L. No. 92-500,
93as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers
94and Harbors Act of 1899, so long as the assumption encompasses
95all dredge and fill activities in, on, or over jurisdictional
96wetlands or waters, including navigable waters, within the
97state.
98     (5)(a)  In order to assist in facilitating the objectives
99of this section and to promote consistency between federal and
100state mitigation requirements, the department and water
101management districts shall compare their rules regarding
102mitigation for adverse impacts to the mitigation rules of the
103United States Army Corps of Engineers and the United States
104Environmental Protection Agency in 73 Federal Register, pages
10519594-19705 (2008). The comparison shall be done in consultation
106with appropriate representatives of the United States Army Corps
107of Engineers and the United States Environmental Protection
108Agency. After performing the comparison, the department and
109water management districts shall:
110     1.  Identify any inconsistent or contradictory provisions;
111and
112     2.  Recommend appropriate revisions to the rules of the
113department or water management districts to reduce inconsistent
114or contradictory requirements in such a manner that will not
115lessen environmental protection. The recommendations shall
116include a consideration for increasing the geographic size of
117drainage basins and regional watersheds to facilitate or reflect
118a watershed approach to mitigation.
119     (b)  The department and water management districts shall
120submit a consolidated report regarding the requirements of this
121subsection to the Governor, the Chair of the Senate
122Environmental Preservation and Conservation Committee, and the
123Chair of the House Agriculture and Natural Resources Policy
124Committee by January 15, 2010. If the department and water
125management districts believe any conflicting state law prevents
126them from amending their rules to achieve the objectives of this
127subsection, the report must identify such law and explain why it
128prevents a rule amendment to achieve the objectives of this
129subsection.
130     Section 2.  Subsection (19) of section 373.4211, Florida
131Statutes, is amended to read:
132     373.4211  Ratification of chapter 17-340, Florida
133Administrative Code, on the delineation of the landward extent
134of wetlands and surface waters.--Pursuant to s. 373.421, the
135Legislature ratifies chapter 17-340, Florida Administrative
136Code, approved on January 13, 1994, by the Environmental
137Regulation Commission, with the following changes:
138     (19)(a)  Rule 17-340.450(3) is amended by adding, after the
139species list, the following language:
140     "Within Monroe County and the Key Largo portion of Miami-
141Dade County only, the following species shall be listed as
142facultative: Alternanthera paronychioides, Byrsonima lucida,
143Ernodea littoralis, Guapira discolor, Marnilkara bahamensis,
144Pisonis rotundata, Pithecellobium keyensis, Pithecellobium
145unquis-cati, Randia aculeata, Reynosia septentrionalis, and
146Thrinax radiata."
147     (b)  Pursuant to s. 373.421 and subject to the conditions
148described in this paragraph, the Legislature ratifies the
149changes to rule 62-340.450(3), Florida Administrative Code,
150approved on February 23, 2006, by the Environmental Regulation
151Commission which added slash pine (Pinus elliottii) and
152gallberry (Ilex glabra) to the list of facultative plants.
153However, this ratification and the rule revision will not take
154effect until a voluntary state programmatic general permit for
155all dredge and fill activities affecting 5 acres or less of
156wetlands or other surface waters is implemented as provided in
157s. 373.4144(3).
158     (c)  Unless the holder of a valid permit elects to use the
159delineation line as amended to add slash pine (Pinus elliottii)
160and gallberry (Ilex glabra) to the list of facultative plants,
161the surface water and wetland delineations identified and
162approved by a permit issued under rules adopted under this part
163before July 1, 2009, remain valid until expiration of the
164permit, notwithstanding the changes to rule 62-340.450(3),
165Florida Administrative Code, as described in this subsection.
166For purposes of this paragraph, the term "identified and
167approved" means:
168     1.  The delineation was field-verified by the permitting
169agency and such verification was surveyed as part of the
170application review process for the permit; or
171     2.  The delineation was field-verified by the permitting
172agency and approved pursuant to the permit.
173
174Where surface water and wetland delineations were not identified
175and approved pursuant to the permit issued under rules adopted
176under this part, delineations within the geographical area to
177which the permit applies shall be determined pursuant to the
178rules applicable at the time the permit was issued,
179notwithstanding the changes to rule 62-340.450(3), Florida
180Administrative Code, as described in this subsection. This
181paragraph also applies to any modification of the permit issued
182under rules adopted pursuant to this part which does not
183constitute a substantial modification within the geographical
184area to which the permit applies.
185     (d)  Unless the petitioner elects to use the delineation
186line as amended to add slash pine (Pinus elliottii) and
187gallberry (Ilex glabra) to the list of facultative plants, any
188declaratory statement issued by the department under s. 403.914,
1891984 Supplement to the Florida Statutes 1983 as amended,
190pursuant to rules adopted thereunder, or formal determination
191issued by the department or a water management district under s.
192373.421, in response to a petition filed on or before July 1,
1932009, shall continue to be valid for the duration of such
194declaratory statement or formal determination. Any petition
195pending on or before July 1, 2009, is exempt from the changes to
196rule 62-340.450(3), Florida Administrative Code, as described in
197this subsection, and is subject to the provisions of chapter 62-
198340, Florida Administrative Code, in effect prior to such
199change. Activities proposed within the boundaries of a valid
200declaratory statement or formal determination issued pursuant to
201a petition submitted to the department or the relevant water
202management district on or before July 1, 2009, or within the
203boundaries of a revalidated jurisdictional determination prior
204to its expiration, shall continue to be exempt after July 1,
2052009 from the changes to rule 62-340.450(3), Florida
206Administrative Code, as described in this subsection.
207     Section 3.  Section 125.0112, Florida Statutes, is created
208to read:
209     125.0112  Biofuels and renewable energy.--The construction
210and operation of a biofuel processing facility or a renewable
211energy generating facility, as defined in s. 366.91(2)(d), and
212the cultivation and production of bioenergy, as defined in s.
213570.957(1)(a), may be considered by a local government to be a
214valid industrial, agricultural, and silvicultural use permitted
215within those land use categories in the local comprehensive land
216use plan. If the local comprehensive plan does not specifically
217allow for the construction of a biofuel processing facility or
218renewable energy facility, the local government shall establish
219a specific review process that may include expediting local
220review of any necessary comprehensive plan amendment, zoning
221change, use permit, waiver, variance, or special exemption.
222Local expedited review of a proposed biofuel processing facility
223or a renewable energy facility does not obligate a local
224government to approved such proposed use. A comprehensive plan
225amendment necessary to accommodate a biofuel processing facility
226or renewable energy facility shall, if approved by the local
227government, be eligible for the alternative state review process
228in s. 163.32465. The construction and operation of a facility
229and related improvements on a portion of a property under this
230section may not affect the remainder of the property's
231classification as agricultural under s. 193.461.
232     Section 4.  Subsection (6) is added to section 373.236,
233Florida Statutes, to read:
234     373.236  Duration of permits; compliance reports.--
235     (6)  A permit that is approved for the use of water for a
236renewable energy operating facility or for cultivating
237agricultural products on lands consisting of 1,000 acres or more
238for renewable energy, as defined in s. 366.91(2)(d), shall, upon
239the applicant's request, be granted for a term of at least 25
240years based on the anticipated life of the facility if there is
241sufficient data to provide reasonable assurance that the
242conditions for issuing a permit will be met for the duration of
243the permit. However, a permit may be issued for a shorter
244duration that reflects the longest period for which such
245reasonable assurances are provided. The permittee shall provide
246a compliance report every 5 years during the term of the permit
247as required under subsection (4).
248     Section 5.  Subsection (4) of section 373.243, Florida
249Statutes, is amended to read:
250     373.243  Revocation of permits.--The governing board or the
251department may revoke a permit as follows:
252     (4)  For nonuse of the water supply allowed by the permit
253for a period of 2 years or more, the governing board or the
254department may revoke the permit permanently and in whole unless
255the user can prove that his or her nonuse was due to extreme
256hardship caused by factors beyond the user's control. However,
257for a permit with a duration determined under s. 373.236(6), the
258governing board or the department may revoke the permit only if
259the nonuse of the water supply allowed by the permit is for a
260period of 4 years or more.
261     Section 6.  Subsections (3), (4), (7), and (11), paragraph
262(b) of subsection (13), paragraph (b) of subsection (14),
263subsection (15), and paragraph (b) of subsection (19) of section
264403.973, Florida Statutes, are amended to read:
265     403.973  Expedited permitting; comprehensive plan
266amendments.--
267     (3)(a)  The Governor, through the office, shall direct the
268creation of regional permit action teams, for the purpose of
269expediting review of permit applications and local comprehensive
270plan amendments submitted by:
271     1.  Businesses creating at least 100 jobs, or
272     2.  Businesses creating at least 50 jobs if the project is
273located in an enterprise zone, or in a county having a
274population of less than 75,000 or in a county having a
275population of less than 100,000 which is contiguous to a county
276having a population of less than 75,000, as determined by the
277most recent decennial census, residing in incorporated and
278unincorporated areas of the county., or
279     (b)  On a case-by-case basis and at the request of a county
280or municipal government, the office may certify as eligible for
281expedited review a project not meeting the minimum job creation
282thresholds but creating a minimum of 10 jobs. The recommendation
283from the governing body of the county or municipality in which
284the project may be located is required in order for the office
285to certify that any project is eligible for expedited review
286under this paragraph. When considering projects that do not meet
287the minimum job creation thresholds but that are recommended by
288the governing body in which the project may be located, the
289office shall consider economic impact factors that include, but
290are not limited to:
291     1.  The proposed wage and skill levels relative to those
292existing in the area in which the project may be located;
293     2.  The project's potential to diversify and strengthen the
294area's economy;
295     3.  The amount of capital investment; and
296     4.  The number of jobs that will be made available for
297persons served by the welfare transition program.
298     (c)  At the request of a county or municipal government,
299the office or a Quick Permitting County may certify projects
300located in counties where the ratio of new jobs per participant
301in the welfare transition program, as determined by Workforce
302Florida, Inc., is less than one or otherwise critical, as
303eligible for the expedited permitting process. Such projects
304must meet the numerical job creation criteria of this
305subsection, but the jobs created by the project do not have to
306be high-wage jobs that diversify the state's economy.
307     (d)  Projects located in a designated brownfield area are
308eligible for the expedited permitting process.
309     (e)  Projects that are part of the state-of-the-art
310biomedical research institution and campus to be established in
311this state by the grantee under s. 288.955 are eligible for the
312expedited permitting process, if the projects are designated as
313part of the institution or campus by the board of county
314commissioners of the county in which the institution and campus
315are established.
316     (f)  Projects that result in the production of biofuels
317cultivated on lands consisting of 1,000 acres or more, or in the
318construction of a biofuel or biodiesel processing facility or
319renewable energy generating facility as defined in s.
320366.91(2)(d), are eligible for the expedited permitting process.
321     (4)  The regional teams shall be established through the
322execution of memoranda of agreement developed by the applicant
323and between the office with input solicited from and the
324respective heads of the Department of Environmental Protection,
325the Department of Community Affairs, the Department of
326Transportation and its district offices, the Department of
327Agriculture and Consumer Services, the Fish and Wildlife
328Conservation Commission, appropriate regional planning councils,
329appropriate water management districts, and voluntarily
330participating municipalities and counties. The memoranda of
331agreement must should also accommodate participation in the this
332expedited process by other local governments and federal
333agencies as circumstances warrant.
334     (7)  An appeal At the option of the participating local
335government, appeals of a local government's its final approval
336for a project must may be conducted pursuant to the summary
337hearing provisions in of s. 120.574, pursuant to subsection
338(14), and consolidated with the challenge of applicable state
339agency actions, if any or pursuant to other appellate processes
340available to the local government. The local government's
341decision to enter into a summary hearing must be made as
342provided in s. 120.574 or in the memorandum of agreement.
343     (11)  The standard form memorandum memoranda of agreement
344must shall include guidelines to be used in working with state,
345regional, and local permitting authorities. Guidelines may
346include, but are not limited to, the following:
347     (a)  A central contact point for filing permit applications
348and local comprehensive plan amendments and for obtaining
349information on permit and local comprehensive plan amendment
350requirements;
351     (b)  Identification of the individual or individuals within
352each respective agency who will be responsible for processing
353the expedited permit application or local comprehensive plan
354amendment for the that agency;
355     (c)  A mandatory preapplication review process to reduce
356permitting conflicts by providing guidance to applicants
357regarding the permits needed from each agency and governmental
358entity, site planning and development, site suitability and
359limitations, facility design, and steps the applicant can take
360to ensure expeditious permit application and local comprehensive
361plan amendment review. As a part of the this process, the first
362interagency meeting to discuss a project shall be held within 14
363days after the office's determination that the project is
364eligible for expedited review. Subsequent interagency meetings
365may be scheduled to accommodate the needs of participating local
366governments that are unable to meet public notice requirements
367for executing a memorandum of agreement within the this
368timeframe. Such This accommodation may not exceed 45 days from
369the office's determination that the project is eligible for
370expedited review;
371     (d)  The preparation of a single coordinated project
372description form and checklist and an agreement by state and
373regional agencies to reduce the burden on an applicant to
374provide duplicate information to multiple agencies;
375     (e)  Establishment of A process for the adoption and review
376of any comprehensive plan amendment needed by any certified
377project within 90 days after the submission of an application
378for a comprehensive plan amendment. However, the memorandum of
379agreement may not prevent affected persons as defined in s.
380163.3184 from appealing or participating in the this expedited
381plan amendment process and any review or appeals of decisions
382made under this paragraph; and
383     (f)  Additional incentives for an applicant who proposes a
384project that provides a net ecosystem benefit.
385     (13)  Notwithstanding any other provisions of law:
386     (b)  Projects that are qualified under this section are not
387subject to interstate highway level-of-service standards adopted
388by the Department of Transportation for concurrency purposes.
389The memorandum of agreement specified in subsection (5) must
390include a process by which the applicant will be assessed a fair
391share of the cost of mitigating the project's significant
392traffic impacts, as defined in chapter 380 and related rules.
393The agreement must also specify whether the significant traffic
394impacts on the interstate system will be mitigated through the
395implementation of a project or payment of funds to the
396Department of Transportation. If Where funds are paid, the
397Department of Transportation must include in the 5-year work
398program transportation projects or project phases, in an amount
399equal to the funds received, to mitigate the traffic impacts
400associated with the proposed project.
401     (14)
402     (b)  Challenges to state agency action in the expedited
403permitting process for establishment of a state-of-the-art
404biomedical research institution and campus in the this state by
405the grantee under s. 288.955 or a project identified in
406paragraph (3)(f) are subject to the same requirements as
407challenges brought under paragraph (a), except that,
408notwithstanding s. 120.574, summary proceedings must be
409conducted within 30 days after a party files the motion for
410summary hearing, regardless of whether the parties agree to the
411summary proceeding.
412     (15)  The office, working with the agencies that provide
413input to participating in the memoranda of agreement, shall
414review sites proposed for the location of facilities eligible
415for the Innovation Incentive Program under s. 288.1089. Within
41620 days after the request for the review by the office, the
417agencies shall provide to the office a statement as to each
418site's necessary permits under local, state, and federal law and
419an identification of significant permitting issues, which if
420unresolved, may result in the denial of an agency permit or
421approval or any significant delay caused by the permitting
422process.
423     (19)  The following projects are ineligible for review
424under this part:
425     (b)  A project, the primary purpose of which is to:
426     1.  Effect the final disposal of solid waste, biomedical
427waste, or hazardous waste in this state.
428     2.  Produce electrical power, unless the production of
429electricity is incidental and not the primary function of the
430project or the electrical power is derived from a renewable
431energy fuel source as defined in s. 366.91(2)(d).
432     3.  Extract natural resources.
433     4.  Produce oil.
434     5.  Construct, maintain, or operate an oil, petroleum,
435natural gas, or sewage pipeline.
436     Section 7.  This act shall take effect July 1, 2009.
437
438
439
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440
T I T L E  A M E N D M E N T
441     Remove the entire title and insert:
442
A bill to be entitled
443An act relating to environmental permitting; amending s.
444373.4144, F.S.; providing legislative intent; requiring
445the Department of Environmental Protection to pursue the
446issuance of a state programmatic permit or regional
447general permits from the United States Army Corps of
448Engineers; revising provisions requiring the Department of
449Environmental Protection to develop and use a mechanism
450consolidating federal and state wetland permitting
451programs; authorizing implementation of a state
452programmatic general permit or regional general permits by
453the department and water management districts for certain
454dredge and fill activities; specifying conditions
455applicable to such permits; amending s. 373.4211, F.S.;
456delaying the effective date of a rule adding slash pine
457and gallberry to the list of facultative plants; revising
458provisions concerning the methodologies used to delineate
459the landward extent of wetlands and surface waters;
460revising provisions concerning the vegetative index used
461to delineate the landward extent of wetlands and surface
462waters; providing for permit modification under certain
463circumstances; providing for certain declaratory
464statements or formal jurisdictional determinations from
465the department or a water management district; providing
466exemptions for certain permit petitions and applications
467relating to specified activities; creating ss. 125.0112,
468F.S.; providing that the construction and operation of a
469biofuel processing facility or a renewable energy
470generating facility and the cultivation and production of
471bioenergy may be considered a valid industrial,
472agricultural, and silvicultural use for purposes of any
473local comprehensive plan; providing for a local government
474to establish an expedited review process under certain
475circumstances; providing that local expedited review does
476not obligate a local government to approve proposed uses;
477providing for alternative state review of certain plan
478amendments; providing the construction and operation of
479certain facilities may not affect classification of
480property for ad valorem tax purposes; amending s. 373.236,
481F.S.; requiring that a permit for the use of water for
482cultivating agricultural products and renewable energy be
483granted for a specified number of years if certain
484conditions are met; providing requirements for permittees;
485providing an exemption; amending s. 403.973, F.S.;
486providing for the expedited review of permit applications
487for projects resulting in the production of biofuels or in
488the construction of a biofuel or biodiesel processing
489facility or renewable energy generating facility;
490clarifying provisions relating to memoranda of agreement
491which establish regional teams for the expedited review of
492such applications; providing an effective date.


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