CS/CS/HB 389

1
A bill to be entitled
2An act relating to environmental permits; amending s.
3218.075, F.S.; providing for an entity created by special
4act, local ordinance, or interlocal agreement of a county
5or municipality to receive certain reduced or waived
6permit processing fees; requiring that the project for
7which such fee reduction or waiver is sought serves a
8public purpose; amending s. 373.118, F.S.; requiring that
9the Department of Environmental Protection initiate
10rulemaking to adopt a general permit for stormwater
11management systems serving airside activities at airports;
12providing for statewide application of the general permit;
13providing for any water management district or delegated
14local government to administer the general permit;
15providing that the rules are not subject to any special
16rulemaking requirements relating to small business;
17creating s. 373.4131, F.S.; authorizing certain
18municipalities and counties to adopt stormwater adaptive
19management plans and obtain conceptual permits for urban
20redevelopment projects; providing requirements for
21establishment of such permits by water management
22districts in consultation with the Department of
23Environmental Protection; providing that certain urban
24redevelopment projects qualify for a noticed general
25permit; providing an effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Section 218.075, Florida Statutes, is amended
30to read:
31     218.075  Reduction or waiver of permit processing fees.-
32Notwithstanding any other provision of law, the Department of
33Environmental Protection and the water management districts
34shall reduce or waive permit processing fees for counties with a
35population of 50,000 or fewer less on April 1, 1994, until such
36counties exceed a population of 75,000 and municipalities with a
37population of 25,000 or fewer; an entity created by special act,
38local ordinance, or interlocal agreement of such counties or
39municipalities; less, or any county or municipality not included
40within a metropolitan statistical area. Fee reductions or
41waivers shall be approved on the basis of fiscal hardship or
42environmental need for a particular project or activity. The
43governing body must certify that the cost of the permit
44processing fee is a fiscal hardship due to one of the following
45factors:
46     (1)  Per capita taxable value is less than the statewide
47average for the current fiscal year;
48     (2)  Percentage of assessed property value that is exempt
49from ad valorem taxation is higher than the statewide average
50for the current fiscal year;
51     (3)  Any condition specified in s. 218.503(1) which results
52in the county or municipality being in a state of financial
53emergency;
54     (4)  Ad valorem operating millage rate for the current
55fiscal year is greater than 8 mills; or
56     (5)  A financial condition that is documented in annual
57financial statements at the end of the current fiscal year and
58indicates an inability to pay the permit processing fee during
59that fiscal year.
60
61The permit applicant must be the governing body of a county or
62municipality, or a third party under contract with a county or
63municipality, or an entity created by special act, local
64ordinance, or interlocal agreement, and the project for which
65the fee reduction or waiver is sought must serve a public
66purpose. If a permit processing fee is reduced, the total fee
67may shall not exceed $100.
68     Section 2.  Subsection (6) is added to section 373.118,
69Florida Statutes, to read:
70     373.118  General permits; delegation.-
71     (6)  By July 1, 2011, the department shall initiate
72rulemaking to adopt a general permit for stormwater management
73systems serving airside activities at airports. The general
74permit applies statewide and shall be administered by any water
75management district or any delegated local government pursuant
76to the operating agreements applicable to part IV of this
77chapter, with no additional rulemaking required. These rules are
78not subject to any special rulemaking requirements related to
79small business.
80     Section 3.  Section 373.4131, Florida Statutes, is created
81to read:
82     373.4131  Conceptual permits for urban redevelopment
83projects.-
84     (1)  A municipality or county that has created a community
85redevelopment area or an urban infill and redevelopment area
86pursuant to chapter 163 may adopt a stormwater adaptive
87management plan that addresses the quantity and quality of
88stormwater discharges for the redevelopment or infill area and
89may obtain a conceptual permit from the water management
90district or the Department of Environmental Protection.
91     (2)  The conceptual permit established by a water
92management district in consultation with the department:
93     (a)  Must allow for the rate and volume of stormwater
94discharges for stormwater management systems of urban
95redevelopment projects located within a community redevelopment
96area created under part III of chapter 163 or an urban infill
97and redevelopment area designated under s. 163.2517 to continue
98up to the maximum rate and volume of stormwater discharges
99within the area as of the date the stormwater adaptive
100management plan was adopted.
101     (b)  Must presume that stormwater discharges for stormwater
102management systems of urban redevelopment projects located
103within a community redevelopment area created under part III of
104chapter 163 or an urban infill and redevelopment area designated
105under s. 163.2517 that demonstrate a net improvement of the
106quality of the discharged water that existed as of the date the
107stormwater adaptive management plan was adopted for any
108applicable pollutants of concern in the receiving water body do
109not cause or contribute to violations of water quality criteria.
110     (c)  May not prescribe additional or more stringent
111limitations concerning the quantity and quality of stormwater
112discharges from stormwater management systems than provided in
113this section.
114     (d)  Shall be issued for a duration of 20 years, and may be
115renewed, unless a shorter duration is requested by the
116applicant.
117     (3)  Urban redevelopment projects that meet the criteria
118established in the conceptual permit pursuant to this section
119qualify for a noticed general permit that authorizes
120construction and operation for the duration of the conceptual
121permit.
122     Section 4.  This act shall take effect July 1, 2011.


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