Florida Senate - 2019                                    SB 1344
       By Senator Cruz
       18-01588-19                                           20191344__
    1                        A bill to be entitled                      
    2         An act relating to statewide environmental resource
    3         permitting rules; amending s. 373.4131, F.S.;
    4         clarifying the duty of the Department of Environmental
    5         Protection to adopt, in coordination with the water
    6         management districts, specified statewide
    7         environmental resource permitting rules; directing the
    8         water management districts, with department oversight,
    9         to adopt rules for specified design and performance
   10         standards relating to new development and
   11         redevelopment projects; directing the department to
   12         incorporate such rules by reference for use within the
   13         geographic jurisdiction of each water management
   14         district and to amend such rules into the applicant’s
   15         handbook; providing a rebuttable presumption that
   16         certain stormwater management systems do not cause or
   17         contribute to violations of applicable state water
   18         quality standards; providing an effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Subsections (1) and (3) of section 373.4131,
   23  Florida Statutes, are amended to read:
   24         373.4131 Statewide environmental resource permitting
   25  rules.—
   26         (1) The department must shall initiate rulemaking to adopt,
   27  in coordination with the water management districts, statewide
   28  environmental resource permitting rules governing the
   29  construction, alteration, operation, maintenance, repair,
   30  abandonment, and removal of any stormwater management system,
   31  dam, impoundment, reservoir, appurtenant work, works, or any
   32  combination thereof, under this part.
   33         (a) The rules must provide for statewide, consistent
   34  regulation of activities under this part and must include, at a
   35  minimum:
   36         1. Criteria and thresholds for requiring permits.
   37         2. Types of permits.
   38         3. Procedures governing the review of applications and
   39  notices, duration and modification of permits, operational
   40  requirements, transfers of permits, provisions for emergencies,
   41  and provisions for abandonment and removal of systems.
   42         4. Exemptions and general permits that do not allow
   43  significant adverse impacts to occur individually or
   44  cumulatively.
   45         5. Conditions for issuance.
   46         6. General permit conditions, including monitoring,
   47  inspection, and reporting requirements.
   48         7. Standardized fee categories for activities under this
   49  part to promote consistency. The department and water management
   50  districts may amend fee rules to reflect the standardized fee
   51  categories but are not required to adopt identical fees for
   52  those categories.
   53         8. Application, notice, and reporting forms. To the maximum
   54  extent practicable, the department and water management
   55  districts shall provide for electronic submittal of forms and
   56  notices.
   57         9. An applicant’s handbook that, at a minimum, contains
   58  general program information, application and review procedures,
   59  a specific discussion of how environmental criteria are
   60  evaluated, and discussion of stormwater quality and quantity
   61  criteria.
   62         (b) The rules must provide for a conceptual permit for a
   63  municipality or county that creates a stormwater management
   64  master plan for urban infill and redevelopment areas or
   65  community redevelopment areas created under chapter 163. Upon
   66  approval by the department or water management district, the
   67  master plan shall become part of the conceptual permit issued by
   68  the department or water management district. The rules must
   69  additionally provide for an associated general permit for the
   70  construction and operation of urban redevelopment projects that
   71  meet the criteria established in the conceptual permit. The
   72  following requirements must also be met:
   73         1. The conceptual permit and associated general permit must
   74  not conflict with the requirements of a federally approved
   75  program pursuant to s. 403.0885 or with the implementation of s.
   76  403.067(7) regarding total maximum daily loads and basin
   77  management action plans.
   78         2. Before a conceptual permit is approved granted, the
   79  municipality or county must assert that stormwater discharges
   80  from the urban redevelopment area do not cause or contribute to
   81  violations of water quality standards by demonstrating a net
   82  improvement in the quality of the discharged water existing on
   83  the date the conceptual permit is approved.
   84         3. The conceptual permit may not expire for at least 20
   85  years unless a shorter duration is requested and must include an
   86  option to renew.
   87         4. The conceptual permit must describe the rate and volume
   88  of stormwater discharges from the urban redevelopment area,
   89  including the maximum rate and volume of stormwater discharges
   90  as of the date the conceptual permit is approved.
   91         5. The conceptual permit must contain provisions regarding
   92  the use of stormwater best management practices and must ensure
   93  that stormwater management systems constructed within the urban
   94  redevelopment area are operated and maintained in compliance
   95  with s. 373.416.
   96         (c) The rules must rely primarily on the rules of the
   97  department and water management districts in effect immediately
   98  prior to the effective date of this section, except that the
   99  department may:
  100         1. Reconcile differences and conflicts to achieve a
  101  consistent statewide approach.
  102         2. Account for different physical or natural
  103  characteristics, including special basin considerations, of
  104  individual water management districts.
  105         3. Implement additional permit streamlining measures.
  106         (d) The application of the rules must continue to be
  107  governed by the first sentence of s. 70.001(12).
  108         (3)(a) The water management districts, with department
  109  oversight, must may continue to adopt rules governing design and
  110  performance standards for stormwater quality and quantity,
  111  including design and performance standards that increase the
  112  removal of nutrients from stormwater discharges from all new
  113  development and redevelopment projects. and The department must
  114  may incorporate the design and performance standards by
  115  reference for use within the geographic jurisdiction of each
  116  district to ensure that new pollutant loadings are not
  117  discharged into impaired water bodies. By December 1, 2019, the
  118  department and water management districts shall amend the
  119  applicant’s handbook to include revised best management
  120  practices design criteria and low impact design best management
  121  practices and design criteria that increase the removal of
  122  nutrients from stormwater discharges from all new development
  123  and redevelopment projects and measures for consistent
  124  application of the net improvement performance standard to
  125  ensure that new pollutant loadings are not discharged into
  126  impaired water bodies.
  127         (b) If a stormwater management system is designed in
  128  accordance with the stormwater treatment requirements and best
  129  management practices design and operation criteria adopted by
  130  the department or a water management district under this part,
  131  there is a rebuttable presumption that the stormwater system
  132  does the system design is presumed not to cause or contribute to
  133  violations of applicable state water quality standards.
  134         (c) If a stormwater management system is constructed,
  135  operated, and maintained for stormwater treatment in accordance
  136  with a valid permit or exemption under this part, there is a
  137  rebuttable presumption that the stormwater discharged from the
  138  system does is presumed not to cause or contribute to violations
  139  of applicable state water quality standards.
  140         Section 2. This act shall take effect July 1, 2019.