HB 373

A bill to be entitled
2An act relating to environmental permits; amending s.
3218.075, F.S.; providing for an entity created by
4special act, local ordinance, or interlocal agreement
5of a county or municipality to receive certain reduced
6or waived permit processing fees; requiring that the
7project for which such fee reduction or waiver is
8sought serves a public purpose; amending s. 373.118,
9F.S.; requiring that the Department of Environmental
10Protection initiate rulemaking to adopt a general
11permit for stormwater management systems serving
12airside activities at airports; providing for
13statewide application of the general permit; providing
14for any water management district or delegated local
15government to administer the general permit; providing
16that the rules are not subject to any special
17rulemaking requirements relating to small business;
18creating s. 373.4131, F.S.; authorizing certain
19municipalities and counties to adopt stormwater
20management plans and obtain conceptual permits for
21urban redevelopment projects; defining the term
22"stormwater management plan"; requiring the Department
23of Environmental Protection and water management
24districts to establish conceptual permits for urban
25redevelopment projects; providing permit requirements;
26providing that certain urban redevelopment projects
27qualify for a general permit; providing an effective
30Be It Enacted by the Legislature of the State of Florida:
32     Section 1.  Section 218.075, Florida Statutes, is amended
33to read:
34     218.075  Reduction or waiver of permit processing fees.-
35Notwithstanding any other provision of law, the Department of
36Environmental Protection and the water management districts
37shall reduce or waive permit processing fees for counties with a
38population of 50,000 or fewer less on April 1, 1994, until such
39counties exceed a population of 75,000 and municipalities with a
40population of 25,000 or fewer; an entity created by special act,
41local ordinance, or interlocal agreement of such counties or
42municipalities; less, or any county or municipality not included
43within a metropolitan statistical area. Fee reductions or
44waivers shall be approved on the basis of fiscal hardship or
45environmental need for a particular project or activity. The
46governing body must certify that the cost of the permit
47processing fee is a fiscal hardship due to one of the following
49     (1)  Per capita taxable value is less than the statewide
50average for the current fiscal year;
51     (2)  Percentage of assessed property value that is exempt
52from ad valorem taxation is higher than the statewide average
53for the current fiscal year;
54     (3)  Any condition specified in s. 218.503(1) which results
55in the county or municipality being in a state of financial
57     (4)  Ad valorem operating millage rate for the current
58fiscal year is greater than 8 mills; or
59     (5)  A financial condition that is documented in annual
60financial statements at the end of the current fiscal year and
61indicates an inability to pay the permit processing fee during
62that fiscal year.
64The permit applicant must be the governing body of a county or
65municipality, or a third party under contract with a county or
66municipality, or an entity created by special act, local
67ordinance, or interlocal agreement, and the project for which
68the fee reduction or waiver is sought must serve a public
69purpose. If a permit processing fee is reduced, the total fee
70may shall not exceed $100.
71     Section 2.  Subsection (6) is added to section 373.118,
72Florida Statutes, to read:
73     373.118  General permits; delegation.-
74     (6)  By July 1, 2012, the department shall initiate
75rulemaking to adopt a general permit for stormwater management
76systems serving airside activities at airports. The general
77permit applies statewide and shall be administered by any water
78management district or any delegated local government pursuant
79to the operating agreements applicable to part IV of this
80chapter, with no additional rulemaking required. These rules are
81not subject to any special rulemaking requirements related to
82small business.
83     Section 3.  Section 373.4131, Florida Statutes, is created
84to read:
85     373.4131  Conceptual permits for urban redevelopment
87     (1)  A municipality or county that has created a community
88redevelopment area or an urban infill and redevelopment area
89pursuant to chapter 163 may adopt a stormwater management plan
90that addresses the quantity and quality of stormwater discharges
91for the redevelopment or infill area and may obtain a conceptual
92permit from the water management district or the Department of
93Environmental Protection.
94     (2)  For purposes of this section, the term "stormwater
95management plan" means a master drainage plan that, to the
96extent feasible:
97     (a)  Improves the quality of stormwater runoff discharged
98from the project area.
99     (b)  Controls the rate and volume of stormwater discharges
100to the extent that offsite flooding or other adverse water
101quantity impacts are not exacerbated by the proposed
102redevelopment project.
103     (c)  Is designed based on a feasibility assessment of
104stormwater best management practices, including low impact
105development techniques and regional stormwater treatment
106systems, that consider the size and physical site
107characteristics of the project area.
108     (3)  The department and water management districts shall
109establish conceptual permits for urban redevelopment projects
110created under part III of chapter 163 or an urban infill and
111redevelopment area designated under s. 163.2517. The conceptual
113     (a)  Must allow for the rate and volume of stormwater
114discharges for stormwater management systems of urban
115redevelopment projects located within a community redevelopment
116area created under part III of chapter 163 or an urban infill
117and redevelopment area designated under s. 163.2517 to continue
118up to the maximum rate and volume of stormwater discharges
119within the area as of the date the stormwater management plan
120was adopted.
121     (b)  Must presume that stormwater discharges for stormwater
122management systems of urban redevelopment projects located
123within a community redevelopment area created under part III of
124chapter 163 or an urban infill and redevelopment area designated
125under s. 163.2517 that demonstrate a net improvement of the
126quality of the discharged water that existed as of the date the
127stormwater management plan was adopted for any applicable
128pollutants of concern in the receiving water body do not cause
129or contribute to violations of water quality criteria.
130     (c)  May not prescribe additional or more stringent
131limitations concerning the quantity and quality of stormwater
132discharges from stormwater management systems than provided in
133this section.
134     (d)  Shall be issued for a duration of at least 20 years,
135and may be renewed, unless a shorter duration is requested by
136the applicant.
137     (4)  Urban redevelopment projects that meet the criteria
138established in the conceptual permit pursuant to this section
139qualify for a general permit that authorizes construction and
140operation of the permitted system.
141     Section 4.  This act shall take effect July 1, 2012.

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