| 1 | Representative Patronis offered the following: |
| 2 |
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| 3 | Amendment |
| 4 | Remove lines 1206-1237 and insert: |
| 5 | (3) A county or municipality having a population of |
| 6 | 400,000 or more that implements a local pollution control |
| 7 | program regulating all or a portion of the wetlands or surface |
| 8 | waters throughout its geographic boundary must apply for |
| 9 | delegation of state environmental resource permitting authority |
| 10 | on or before January 1, 2013. If such a county or municipality |
| 11 | fails to receive delegation of all or a portion of state |
| 12 | environmental resource permitting authority within 2 years after |
| 13 | submitting its application for delegation or by January 1, 2015, |
| 14 | at the latest, it may not require permits that in part or in |
| 15 | full are substantially similar to the requirements needed to |
| 16 | obtain an environmental resource permit. A county or |
| 17 | municipality that has received delegation before January 1, |
| 18 | 2013, does not need to reapply. |
| 19 | (4) The department is responsible for all delegations of |
| 20 | state environmental resource permitting authority to local |
| 21 | governments. The department must grant or deny an application |
| 22 | for delegation submitted by a county or municipality that meets |
| 23 | the criteria in subsection (3) within 2 years after the receipt |
| 24 | of the application. If an application for delegation is denied, |
| 25 | any available legal challenge to such denial shall toll the |
| 26 | preemption deadline until resolution of the legal challenge. |
| 27 | Upon delegation to a qualified local government, the department |
| 28 | and water management district may not regulate the activities |
| 29 | subject to the delegation within that jurisdiction. |
| 30 | (5) This section does not prohibit or limit a local |
| 31 | government that meets the criteria in subsection (3) from |
| 32 | regulating wetlands or surface waters after January 1, 2013, if |
| 33 | the local government receives delegation of all or a portion of |
| 34 | state environmental resource permitting authority within 2 years |