Senate Bill 1250

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    Florida Senate - 1999                                  SB 1250

    By the Committee on Natural Resources





    312-355D-99

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Environmental Protection; amending s. 20.255,

  4         F.S.; deleting the Office of the Youth Corps;

  5         renaming the Division of Water Facilities as

  6         the Division of Resource Management; deleting

  7         the Division of Environmental Resource

  8         Permitting; amending s. 373.4145, F.S.;

  9         extending the expiration date for the interim

10         permitting authority of the Department of

11         Environmental Protection in the Northwest

12         Florida Water Management District; amending s.

13         86, ch. 93-213, Laws of Florida; forgiving the

14         repayment of a loan; amending ss. 252.937,

15         378.901, 403.021, F.S.; conforming a statutory

16         cross-reference; providing an effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  Subsections (2) and (6), of section 20.255,

21  Florida Statutes, 1998 Supplement, are amended to read:

22         20.255  Department of Environmental Protection.--There

23  is created a Department of Environmental Protection.

24         (2)  There shall be two deputy secretaries and an

25  executive coordinator for ecosystem management who are to be

26  appointed by and shall serve at the pleasure of the secretary.

27  The secretary may assign either deputy secretary the

28  responsibility to supervise, coordinate, and formulate policy

29  for any division, office, or district. The following special

30  offices are established and headed by managers, each of whom

31  is to be appointed by and serve at the pleasure of the

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    Florida Senate - 1999                                  SB 1250
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  1  secretary: Office of General Counsel, Office of Inspector

  2  General, Office of Communication, the latter including public

  3  information, legislative liaison, cabinet liaison and special

  4  projects, Office of Water Policy, Office of Intergovernmental

  5  Programs, Office of Ecosystem Planning and Coordination,

  6  Office of Environmental Education, and Office of Greenways and

  7  Trails, and an Office of the Youth Corps. The executive

  8  coordinator for ecosystem management shall coordinate policy

  9  within the department to assure the implementation of the

10  ecosystem management provisions of chapter 93-213, Laws of

11  Florida. The executive coordinator for ecosystem management

12  shall supervise only the Office of Water Policy, the Office of

13  Intergovernmental Programs, the Office of Ecosystem Planning

14  and Coordination, and the Office of Environmental Education.

15  The executive coordinator for ecosystem management may also be

16  delegated authority by the secretary to act on behalf of the

17  secretary; this authority may include the responsibility to

18  oversee the inland navigation districts. The other special

19  offices not supervised by the executive coordinator for

20  ecosystem management shall report to the secretary; however,

21  the secretary may assign them, for daily coordination

22  purposes, to report through a senior manager other than the

23  secretary. There shall be six administrative districts

24  involved in regulatory matters of waste management, water

25  facilities, wetlands, and air resources, which shall be headed

26  by managers, each of whom is to be appointed by and serve at

27  the pleasure of the secretary. Divisions of the department may

28  have one assistant or two deputy division directors, as

29  required to facilitate effective operation. The managers of

30  all divisions and offices specifically named in this section

31  and the directors of the six administrative districts are

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    Florida Senate - 1999                                  SB 1250
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  1  exempt from part II of chapter 110 and are included in the

  2  Senior Management Service in accordance with s. 110.205(2)(i).

  3  No other deputy secretaries or senior management positions at

  4  or above the division level, except those established in

  5  chapter 110, may be created without specific legislative

  6  authority.

  7         (6)  The following divisions of the Department of

  8  Environmental Protection are established:

  9         (a)  Division of Administrative and Technical Services.

10         (b)  Division of Air Resource Management.

11         (c)  Division of Water Resource Management Facilities.

12         (d)  Division of Law Enforcement.

13         (e)  Division of Marine Resources.

14         (f)  Division of Waste Management.

15         (g)  Division of Recreation and Parks.

16         (h)  Division of State Lands, the director of which is

17  to be appointed by the secretary of the department, subject to

18  confirmation by the Governor and Cabinet sitting as the Board

19  of Trustees of the Internal Improvement Trust Fund.

20         (i)  Division of Environmental Resource Permitting.

21

22  In order to ensure statewide and intradepartmental

23  consistency, the department's divisions shall direct the

24  district offices and bureaus on matters of interpretation and

25  applicability of the department's rules and programs.

26         Section 2.  Section 373.4145, Florida Statutes, is

27  amended to read:

28         373.4145  Interim Part IV permitting program for the

29  Northwest Florida Water Management District.--

30         (1)  Within the geographical jurisdiction of the

31  Northwest Florida Water Management District, the permitting

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    Florida Senate - 1999                                  SB 1250
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  1  authority of the department under this part shall consist

  2  solely of the following, notwithstanding the rule adoption

  3  deadline in s. 373.414(9):

  4         (a)  Chapter 62-25 17-25, Florida Administrative Code,

  5  shall remain in full force and effect, and shall be

  6  implemented by the department. Notwithstanding the provisions

  7  of this section, chapter 62-25 17-25, Florida Administrative

  8  Code, may be amended by the department as necessary to comply

  9  with any requirements of state or federal laws or regulations,

10  or any condition imposed by a federal program, or as a

11  requirement for receipt of federal grant funds.

12         (b)  Rules adopted pursuant to the authority of ss.

13  403.91-403.929, 1984 Supplement to the Florida Statutes 1983,

14  as amended, in effect prior to July 1, 1994, shall remain in

15  full force and effect, and shall be implemented by the

16  department.  However, the department is authorized to

17  establish additional exemptions and general permits for

18  dredging and filling, if such exemptions or general permits do

19  not allow significant adverse impacts to occur individually or

20  cumulatively.  However, for the purpose of chapter 62-312

21  17-312, Florida Administrative Code, the landward extent of

22  surface waters of the state identified in rule 62-312.030(2)

23  17-312.030(2), Florida Administrative Code, shall be

24  determined in accordance with the methodology in rules

25  62-340.100 17-340.100 through 62-340.600 17-340.600, Florida

26  Administrative Code, as ratified in s. 373.4211, upon the

27  effective date of such ratified methodology. In implementing

28  s. 373.421(2), the department shall determine the extent of

29  those surface waters and wetlands within the regulatory

30  authority of the department as described in this paragraph. At

31  the request of the petitioner, the department shall also

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    Florida Senate - 1999                                  SB 1250
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  1  determine the extent of surface waters and wetlands which can

  2  be delineated by the methodology ratified in s. 373.4211, but

  3  which are not subject to the regulatory authority of the

  4  department as described in this paragraph.

  5         (c)  The department may implement chapter 40A-4,

  6  Florida Administrative Code, in effect prior to July 1, 1994,

  7  pursuant to an interagency agreement with the Northwest

  8  Florida Water Management District adopted under s. 373.046(4).

  9         (2)  The authority of the Northwest Florida Water

10  Management District to implement this part or to implement any

11  authority pursuant to delegation by the department shall not

12  be affected by this section. The rule adoption deadline in s.

13  373.414(9) shall not apply to said district.

14         (3)  The division of permitting responsibilities in s.

15  373.046(4) shall not apply within the geographical

16  jurisdiction of the Northwest Florida Water Management

17  District.

18         (4)  If the United States Environmental Protection

19  Agency approves an assumption of the federal program to

20  regulate the discharge of dredged or fill material by the

21  department or the water management districts, or both,

22  pursuant to s. 404 of the Clean Water Act, Pub. L. No. 92-500,

23  as amended, 33 U.S.C. ss. 1251 et seq.; the United States Army

24  Corps of Engineers issues one or more state programmatic

25  general permits under the referenced statutes; or the United

26  States Environmental Protection Agency or the United States

27  Corps of Engineers approves any other delegation of regulatory

28  authority under the referenced statutes, then the department

29  may implement any permitting authority granted in this part

30  within the Northwest Florida Water Management District which

31

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    Florida Senate - 1999                                  SB 1250
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  1  is prescribed as a condition of granting such assumption,

  2  general permit, or delegation.

  3         (5)  Within the geographical jurisdiction of the

  4  Northwest Florida Water Management District, the methodology

  5  for determining the landward extent of surface waters of the

  6  state under chapter 403 in effect prior to the effective date

  7  of the methodology ratified in s. 373.4211 shall apply to:

  8         (a)  Activities permitted under the rules adopted

  9  pursuant to ss. 403.91-403.929, 1984 Supplement to the Florida

10  Statutes 1983, as amended, or which were exempted from

11  regulation under such rules, prior to July 1, 1994, and which

12  were permitted under chapter 17-25, Florida Administrative

13  Code, or exempt from chapter 17-25, Florida Administrative

14  Code, prior to July 1, 1994, provided:

15         1.  An activity authorized by such permits is conducted

16  in accordance with the plans, terms, and conditions of such

17  permits.

18         2.  An activity exempted from the permitting

19  requirements of the rules adopted pursuant to ss.

20  403.91-403.929, 1984 Supplement to the Florida Statutes 1983,

21  as amended, or chapter 17-25, Florida Administrative Code, is:

22         a.  Commenced prior to July 1, 1994, and completed by

23  July 1, 1999;

24         b.  Conducted in accordance with a plan depicting the

25  activity which has been submitted to and approved for

26  construction by the department, the appropriate local

27  government, the United States Army Corps of Engineers, or the

28  Northwest Florida Water Management District; and

29         c.  Conducted in accordance with the terms of the

30  exemption.

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    Florida Senate - 1999                                  SB 1250
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  1         (b)  An activity within the boundaries of a valid

  2  jurisdictional declaratory statement issued pursuant to s.

  3  403.914, 1984 Supplement to the Florida Statutes 1983, as

  4  amended, or the rules adopted thereunder, in response to a

  5  petition received prior to June 1, 1994.

  6         (c)  Any modification of a permitted or exempt activity

  7  as described in paragraph (a) which does not constitute a

  8  substantial modification or which lessens the environmental

  9  impact of such permitted or exempt activity. For the purposes

10  of this section, a substantial modification is one which is

11  reasonably expected to lead to substantially different

12  environmental impacts.

13         (d)  Applications for activities permitted under the

14  rules adopted pursuant to ss. 403.91-403.929, 1984 Supplement

15  to the 1983 Florida Statutes, as amended, which were pending

16  on June 15, 1994, unless the application elects to have

17  applied the delineation methodology ratified in s. 373.4211.

18         (6)  Subsections (1), (2), (3), and (4) shall be

19  repealed effective July 1, 2004 July 1, 1999.

20         Section 3.  Subsection (2) of section 252.937, Florida

21  Statutes, 1998 Supplement, is amended to read:

22         252.937  Department powers and duties.--

23         (2)  To ensure that this program is self-supporting,

24  the department shall provide administrative support, including

25  staff, facilities, materials, and services to implement this

26  part for specified stationary sources subject to s. 252.939

27  and shall provide necessary funding to local emergency

28  planning committees and county emergency management agencies

29  for work performed to implement this part. Each state agency

30  with regulatory, inspection, or technical assistance programs

31  for specified stationary sources subject to this part shall

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  1  enter into a memorandum of understanding with the department

  2  which specifically outlines how each agency's staff,

  3  facilities, materials, and services will be utilized to

  4  support implementation. At a minimum, these agencies and

  5  programs include:  the Department of Environmental

  6  Protection's Division of Air Resources Management and Division

  7  of Water Resource Management Facilities, and the Department of

  8  Labor and Employment Security's Division of Safety. It is the

  9  Legislature's intent to implement this part as efficiently and

10  economically as possible, using existing expertise and

11  resources, if available and appropriate.

12         Section 4.  Paragraph (a) of subsection (1) of section

13  378.901, Florida Statutes, is amended to read:

14         378.901  Life-of-the-mine permit.--

15         (1)  As used in this section, the term:

16         (a)  "Bureau" means the Bureau of Mine Reclamation of

17  the Division of Water Resource Management Environmental

18  Resource Permitting of the Department of Environmental

19  Protection.

20         Section 5.  Paragraph (a) of subsection (9) of section

21  403.021, Florida Statutes, is amended to read:

22         403.021  Legislative declaration; public policy.--

23         (9)

24         (a)  The Legislature finds and declares that it is

25  essential to preserve and maintain authorized water depth in

26  the existing navigation channels, port harbors, turning

27  basins, and harbor berths of this state in order to provide

28  for the continued safe navigation of deepwater shipping

29  commerce.  The department shall recognize that maintenance of

30  authorized water depths consistent with port master plans

31  developed pursuant to s. 163.3178(2)(k) is an ongoing,

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    Florida Senate - 1999                                  SB 1250
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  1  continuous, beneficial, and necessary activity that is in the

  2  public interest; and it shall develop a regulatory process

  3  that shall enable the ports of this state to conduct such

  4  activities in an environmentally sound, safe, expeditious, and

  5  cost-efficient manner.  It is the further intent of the

  6  Legislature that the permitting and enforcement of dredging,

  7  dredged-material management, and other related activities for

  8  Florida's deepwater ports pursuant to this chapter and

  9  chapters 161, 253, and 373 shall be consolidated within the

10  department's Division of Water Resource Management

11  Environmental Resource Permitting and, with the concurrence of

12  the affected deepwater port or ports, may be administered by a

13  district office of the department or delegated to an approved

14  local environmental program.

15         Section 6.  Section 86 of chapter 93-213, Laws of

16  Florida, is amended to read:

17         Section 86.  The Department of Environmental Regulation

18  is authorized 54 career service positions for administering

19  the state NPDES program. Twenty-five career service positions

20  are authorized for startup of the program beginning July 1,

21  1993, and the remaining 29 career service positions beginning

22  January 1, 1994. The state NPDES program staffing shall start

23  July 1, 1993, with completion targeted for 6 months following

24  United States Environmental Protection Agency authorization to

25  administer the National Pollutant Discharge Elimination System

26  program. Implementation of positions is subject to review and

27  final approval by the secretary of the Department of

28  Environmental Regulation. The sum of $3.2 million is hereby

29  appropriated from the Pollution Recovery Trust Fund to cover

30  program startup costs. Such funds are to be repaid from a fund

31  the Legislature deems appropriate, no later than July 1, 2000.

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  1         Section 7.  This act shall take effect July 1, 1999.

  2

  3            *****************************************

  4                          SENATE SUMMARY

  5    Extends the expiration date for the interim permitting
      authority of the Department of Environmental Protection
  6    in the Northwest Florida Water Management District.
      Revises the organizational structure of the Department of
  7    Environmental Protection. Provides that an appropriation
      for start-up costs for the NPDES program does not have to
  8    be repaid.

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