Bill Text: FL H0373 | 2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Environmental Permits

Spectrum: Bipartisan Bill

Status: (Failed) 2012-03-09 - Died in Environmental Preservation and Conservation, companion bill(s) passed, see CS/CS/CS/CS/HB 503 (Ch. [H0373 Detail]

Download: Florida-2012-H0373-Introduced.html

---

HB 373

1	A bill to be entitled
2	An act relating to environmental permits; amending s.
3	218.075, F.S.; providing for an entity created by
4	special act, local ordinance, or interlocal agreement
5	of a county or municipality to receive certain reduced
6	or waived permit processing fees; requiring that the
7	project for which such fee reduction or waiver is
8	sought serves a public purpose; amending s. 373.118,
9	F.S.; requiring that the Department of Environmental
10	Protection initiate rulemaking to adopt a general
11	permit for stormwater management systems serving
12	airside activities at airports; providing for
13	statewide application of the general permit; providing
14	for any water management district or delegated local
15	government to administer the general permit; providing
16	that the rules are not subject to any special
17	rulemaking requirements relating to small business;
18	creating s. 373.4131, F.S.; authorizing certain
19	municipalities and counties to adopt stormwater
20	management plans and obtain conceptual permits for
21	urban redevelopment projects; defining the term
22	"stormwater management plan"; requiring the Department
23	of Environmental Protection and water management
24	districts to establish conceptual permits for urban
25	redevelopment projects; providing permit requirements;
26	providing that certain urban redevelopment projects
27	qualify for a general permit; providing an effective
28	date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Section 218.075, Florida Statutes, is amended
33	to read:
34	218.075  Reduction or waiver of permit processing fees.-
35	Notwithstanding any other provision of law, the Department of
36	Environmental Protection and the water management districts
37	shall reduce or waive permit processing fees for counties with a
38	population of 50,000 or fewer less on April 1, 1994, until such
39	counties exceed a population of 75,000 and municipalities with a
40	population of 25,000 or fewer; an entity created by special act,
41	local ordinance, or interlocal agreement of such counties or
42	municipalities; less, or any county or municipality not included
43	within a metropolitan statistical area. Fee reductions or
44	waivers shall be approved on the basis of fiscal hardship or
45	environmental need for a particular project or activity. The
46	governing body must certify that the cost of the permit
47	processing fee is a fiscal hardship due to one of the following
48	factors:
49	(1)  Per capita taxable value is less than the statewide
50	average for the current fiscal year;
51	(2)  Percentage of assessed property value that is exempt
52	from ad valorem taxation is higher than the statewide average
53	for the current fiscal year;
54	(3)  Any condition specified in s. 218.503(1) which results
55	in the county or municipality being in a state of financial
56	emergency;
57	(4)  Ad valorem operating millage rate for the current
58	fiscal year is greater than 8 mills; or
59	(5)  A financial condition that is documented in annual
60	financial statements at the end of the current fiscal year and
61	indicates an inability to pay the permit processing fee during
62	that fiscal year.
63
64	The permit applicant must be the governing body of a county or
65	municipality, or a third party under contract with a county or
66	municipality, or an entity created by special act, local
67	ordinance, or interlocal agreement, and the project for which
68	the fee reduction or waiver is sought must serve a public
69	purpose. If a permit processing fee is reduced, the total fee
70	may shall not exceed $100.
71	Section 2.  Subsection (6) is added to section 373.118,
72	Florida Statutes, to read:
73	373.118  General permits; delegation.-
74	(6)  By July 1, 2012, the department shall initiate
75	rulemaking to adopt a general permit for stormwater management
76	systems serving airside activities at airports. The general
77	permit applies statewide and shall be administered by any water
78	management district or any delegated local government pursuant
79	to the operating agreements applicable to part IV of this
80	chapter, with no additional rulemaking required. These rules are
81	not subject to any special rulemaking requirements related to
82	small business.
83	Section 3.  Section 373.4131, Florida Statutes, is created
84	to read:
85	373.4131  Conceptual permits for urban redevelopment
86	projects.-
87	(1)  A municipality or county that has created a community
88	redevelopment area or an urban infill and redevelopment area
89	pursuant to chapter 163 may adopt a stormwater management plan
90	that addresses the quantity and quality of stormwater discharges
91	for the redevelopment or infill area and may obtain a conceptual
92	permit from the water management district or the Department of
93	Environmental Protection.
94	(2)  For purposes of this section, the term "stormwater
95	management plan" means a master drainage plan that, to the
96	extent feasible:
97	(a)  Improves the quality of stormwater runoff discharged
98	from the project area.
99	(b)  Controls the rate and volume of stormwater discharges
100	to the extent that offsite flooding or other adverse water
101	quantity impacts are not exacerbated by the proposed
102	redevelopment project.
103	(c)  Is designed based on a feasibility assessment of
104	stormwater best management practices, including low impact
105	development techniques and regional stormwater treatment
106	systems, that consider the size and physical site
107	characteristics of the project area.
108	(3)  The department and water management districts shall
109	establish conceptual permits for urban redevelopment projects
110	created under part III of chapter 163 or an urban infill and
111	redevelopment area designated under s. 163.2517. The conceptual
112	permits:
113	(a)  Must allow for the rate and volume of stormwater
114	discharges for stormwater management systems of urban
115	redevelopment projects located within a community redevelopment
116	area created under part III of chapter 163 or an urban infill
117	and redevelopment area designated under s. 163.2517 to continue
118	up to the maximum rate and volume of stormwater discharges
119	within the area as of the date the stormwater management plan
120	was adopted.
121	(b)  Must presume that stormwater discharges for stormwater
122	management systems of urban redevelopment projects located
123	within a community redevelopment area created under part III of
124	chapter 163 or an urban infill and redevelopment area designated
125	under s. 163.2517 that demonstrate a net improvement of the
126	quality of the discharged water that existed as of the date the
127	stormwater management plan was adopted for any applicable
128	pollutants of concern in the receiving water body do not cause
129	or contribute to violations of water quality criteria.
130	(c)  May not prescribe additional or more stringent
131	limitations concerning the quantity and quality of stormwater
132	discharges from stormwater management systems than provided in
133	this section.
134	(d)  Shall be issued for a duration of at least 20 years,
135	and may be renewed, unless a shorter duration is requested by
136	the applicant.
137	(4)  Urban redevelopment projects that meet the criteria
138	established in the conceptual permit pursuant to this section
139	qualify for a general permit that authorizes construction and
140	operation of the permitted system.
141	Section 4.  This act shall take effect July 1, 2012.

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