Senate Bill 1250c1

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    Florida Senate - 1999                           CS for SB 1250

    By the Committee on Natural Resources





    312-1791-99

  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         conforming references; extending the expiration

10         date for the interim permitting authority of

11         the Department of Environmental Protection in

12         the Northwest Florida Water Management District

13         pending adoption of rules; directing the

14         Northwest Florida Water Management District and

15         the Department of Environmental Protection to

16         develop a plan to implement a permitting

17         program under part IV of chapter 373, F.S.,

18         which is substantially equivalent to that in

19         the rest of the state by January 1, 2002;

20         requiring submittal of the plan to the Governor

21         and the Legislature; authorizing the department

22         and the Northwest Florida Water Management

23         District to adopt rules implementing part IV of

24         chapter 373, F.S., by January 1, 2002; amending

25         s. 86, ch. 93-213, Laws of Florida; forgiving

26         the repayment of a loan; amending ss. 252.937,

27         378.901, 403.021, F.S.; conforming a statutory

28         cross-reference; providing an effective date.

29

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

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    Florida Senate - 1999                           CS for SB 1250
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  1         Section 1.  Subsections (2) and (6), of section 20.255,

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

  3         20.255  Department of Environmental Protection.--There

  4  is created a Department of Environmental Protection.

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

  6  executive coordinator for ecosystem management who are to be

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

  8  The secretary may assign either deputy secretary the

  9  responsibility to supervise, coordinate, and formulate policy

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

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

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

13  secretary: Office of General Counsel, Office of Inspector

14  General, Office of Communication, the latter including public

15  information, legislative liaison, cabinet liaison and special

16  projects, Office of Water Policy, Office of Intergovernmental

17  Programs, Office of Ecosystem Planning and Coordination,

18  Office of Environmental Education, and Office of Greenways and

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

20  coordinator for ecosystem management shall coordinate policy

21  within the department to assure the implementation of the

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

23  Florida. The executive coordinator for ecosystem management

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

25  Intergovernmental Programs, the Office of Ecosystem Planning

26  and Coordination, and the Office of Environmental Education.

27  The executive coordinator for ecosystem management may also be

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

29  secretary; this authority may include the responsibility to

30  oversee the inland navigation districts. The other special

31  offices not supervised by the executive coordinator for

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    Florida Senate - 1999                           CS for SB 1250
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  1  ecosystem management shall report to the secretary; however,

  2  the secretary may assign them, for daily coordination

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

  4  secretary. There shall be six administrative districts

  5  involved in regulatory matters of waste management, water

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

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

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

  9  have one assistant or two deputy division directors, as

10  required to facilitate effective operation. The managers of

11  all divisions and offices specifically named in this section

12  and the directors of the six administrative districts are

13  exempt from part II of chapter 110 and are included in the

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

15  No other deputy secretaries or senior management positions at

16  or above the division level, except those established in

17  chapter 110, may be created without specific legislative

18  authority.

19         (6)  The following divisions of the Department of

20  Environmental Protection are established:

21         (a)  Division of Administrative and Technical Services.

22         (b)  Division of Air Resource Management.

23         (c)  Division of Water Resource Management Facilities.

24         (d)  Division of Law Enforcement.

25         (e)  Division of Marine Resources.

26         (f)  Division of Waste Management.

27         (g)  Division of Recreation and Parks.

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

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

30  confirmation by the Governor and Cabinet sitting as the Board

31  of Trustees of the Internal Improvement Trust Fund.

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    Florida Senate - 1999                           CS for SB 1250
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  1         (i)  Division of Environmental Resource Permitting.

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  3  In order to ensure statewide and intradepartmental

  4  consistency, the department's divisions shall direct the

  5  district offices and bureaus on matters of interpretation and

  6  applicability of the department's rules and programs.

  7         Section 2.  Section 373.4145, Florida Statutes, is

  8  amended to read:

  9         373.4145  Interim Part IV permitting program for the

10  Northwest Florida Water Management District.--

11         (1)  Within the geographical jurisdiction of the

12  Northwest Florida Water Management District, the permitting

13  authority of the department under this part shall consist

14  solely of the following, notwithstanding the rule adoption

15  deadline in s. 373.414(9):

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

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

18  implemented by the department. Notwithstanding the provisions

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

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

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

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

23  requirement for receipt of federal grant funds.

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

25  403.91-403.929, 1984 Supplement to the Florida Statutes 1983,

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

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

28  department.  However, the department is authorized to

29  establish additional exemptions and general permits for

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

31  not allow significant adverse impacts to occur individually or

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    Florida Senate - 1999                           CS for SB 1250
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  1  cumulatively.  However, for the purpose of chapter 62-312

  2  17-312, Florida Administrative Code, the landward extent of

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

  4  17-312.030(2), Florida Administrative Code, shall be

  5  determined in accordance with the methodology in rules

  6  62-340.100 17-340.100 through 62-340.600 17-340.600, Florida

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

  8  effective date of such ratified methodology. In implementing

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

10  those surface waters and wetlands within the regulatory

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

12  the request of the petitioner, the department shall also

13  determine the extent of surface waters and wetlands which can

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

15  which are not subject to the regulatory authority of the

16  department as described in this paragraph.

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

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

19  pursuant to an interagency agreement with the Northwest

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

21         (2)  The authority of the Northwest Florida Water

22  Management District to implement this part or to implement any

23  authority pursuant to delegation by the department shall not

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

25  373.414(9) shall not apply to said district.

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

27  373.046(4) shall not apply within the geographical

28  jurisdiction of the Northwest Florida Water Management

29  District.

30         (4)  If the United States Environmental Protection

31  Agency approves an assumption of the federal program to

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    Florida Senate - 1999                           CS for SB 1250
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  1  regulate the discharge of dredged or fill material by the

  2  department or the water management districts, or both,

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

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

  5  Corps of Engineers issues one or more state programmatic

  6  general permits under the referenced statutes; or the United

  7  States Environmental Protection Agency or the United States

  8  Corps of Engineers approves any other delegation of regulatory

  9  authority under the referenced statutes, then the department

10  may implement any permitting authority granted in this part

11  within the Northwest Florida Water Management District which

12  is prescribed as a condition of granting such assumption,

13  general permit, or delegation.

14         (5)  Within the geographical jurisdiction of the

15  Northwest Florida Water Management District, the methodology

16  for determining the landward extent of surface waters of the

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

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

19         (a)  Activities permitted under the rules adopted

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

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

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

23  were permitted under chapter 17-25, Florida Administrative

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

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

26         1.  An activity authorized by such permits is conducted

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

28  permits.

29         2.  An activity exempted from the permitting

30  requirements of the rules adopted pursuant to ss.

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    Florida Senate - 1999                           CS for SB 1250
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  1  403.91-403.929, 1984 Supplement to the Florida Statutes 1983,

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

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

  4  July 1, 1999;

  5         b.  Conducted in accordance with a plan depicting the

  6  activity which has been submitted to and approved for

  7  construction by the department, the appropriate local

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

  9  Northwest Florida Water Management District; and

10         c.  Conducted in accordance with the terms of the

11  exemption.

12         (b)  An activity within the boundaries of a valid

13  jurisdictional declaratory statement issued pursuant to s.

14  403.914, 1984 Supplement to the Florida Statutes 1983, as

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

16  petition received prior to June 1, 1994.

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

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

19  substantial modification or which lessens the environmental

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

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

22  reasonably expected to lead to substantially different

23  environmental impacts.

24         (d)  Applications for activities permitted under the

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

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

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

28  applied the delineation methodology ratified in s. 373.4211.

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

30  repealed upon the effective date of rules adopted under

31  paragraph (7)(c) effective July 1, 1999.

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    Florida Senate - 1999                           CS for SB 1250
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  1         (7)(a)  The department and the Northwest Florida Water

  2  Management District are directed to develop a plan to

  3  implement all or a portion of the Management and Storage of

  4  Surface Water program under part IV by January 1, 2002. The

  5  plan shall include recommendations for: developing rules under

  6  part IV that are substantially equivalent to those in effect

  7  in the rest of the state; dividing permitting responsibilities

  8  between the department and the Northwest Florida Water

  9  Management District; funding and staffing; applying the

10  unified wetlands delineation methodology to isolated wetlands;

11  implementing federal wetlands permitting programs; addressing

12  the implications of s. 70.001; and suggesting any legislation

13  needed to implement the plan.

14         (b)  The plan shall be presented by January 1, 2000, to

15  the Governor, the President of the Senate, the Speaker of the

16  House of Representatives, and to the chairs of the relevant

17  substantive and appropriations committees of the Legislature.

18         (c)  The department and Northwest Florida Water

19  Management District are authorized to adopt rules implementing

20  all or a portion of the Management and Storage of Surface

21  Water program under part IV which are substantially equivalent

22  to those in effect in the rest of the state. Such rules shall

23  be effective no later than January 1, 2002.

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

25  Statutes, 1998 Supplement, is amended to read:

26         252.937  Department powers and duties.--

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

28  the department shall provide administrative support, including

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

30  part for specified stationary sources subject to s. 252.939

31  and shall provide necessary funding to local emergency

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    Florida Senate - 1999                           CS for SB 1250
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  1  planning committees and county emergency management agencies

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

  3  with regulatory, inspection, or technical assistance programs

  4  for specified stationary sources subject to this part shall

  5  enter into a memorandum of understanding with the department

  6  which specifically outlines how each agency's staff,

  7  facilities, materials, and services will be utilized to

  8  support implementation. At a minimum, these agencies and

  9  programs include:  the Department of Environmental

10  Protection's Division of Air Resources Management and Division

11  of Water Resource Management Facilities, and the Department of

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

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

14  economically as possible, using existing expertise and

15  resources, if available and appropriate.

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

17  378.901, Florida Statutes, is amended to read:

18         378.901  Life-of-the-mine permit.--

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

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

21  the Division of Water Resource Management Environmental

22  Resource Permitting of the Department of Environmental

23  Protection.

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

25  403.021, Florida Statutes, is amended to read:

26         403.021  Legislative declaration; public policy.--

27         (9)

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

29  essential to preserve and maintain authorized water depth in

30  the existing navigation channels, port harbors, turning

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

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    Florida Senate - 1999                           CS for SB 1250
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  1  for the continued safe navigation of deepwater shipping

  2  commerce.  The department shall recognize that maintenance of

  3  authorized water depths consistent with port master plans

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

  5  continuous, beneficial, and necessary activity that is in the

  6  public interest; and it shall develop a regulatory process

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

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

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

10  Legislature that the permitting and enforcement of dredging,

11  dredged-material management, and other related activities for

12  Florida's deepwater ports pursuant to this chapter and

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

14  department's Division of Water Resource Management

15  Environmental Resource Permitting and, with the concurrence of

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

17  district office of the department or delegated to an approved

18  local environmental program.

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

20  Florida, is amended to read:

21         Section 86.  The Department of Environmental Regulation

22  is authorized 54 career service positions for administering

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

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

25  1993, and the remaining 29 career service positions beginning

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

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

28  United States Environmental Protection Agency authorization to

29  administer the National Pollutant Discharge Elimination System

30  program. Implementation of positions is subject to review and

31  final approval by the secretary of the Department of

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    Florida Senate - 1999                           CS for SB 1250
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  1  Environmental Regulation. The sum of $3.2 million is hereby

  2  appropriated from the Pollution Recovery Trust Fund to cover

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

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

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

  6

  7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  8                             SB 1250

  9

10  The committee substitute amends the provisions relating to an
    expiration date for the interim permitting authority of the
11  Department of Environmental Protection in the Northwest
    Florida Water Management District. Instead of extending the
12  expiration date by 5 years, the expiration date is extended
    until the effective date of permitting rules to be adopted by
13  the department and the Northwest Florida Water Management
    District. Requires the department and the water management
14  district to develop a plan to implement a permitting program
    in this district and to submit the plan to the Governor and
15  the Legislature by a date certain. Requires that the rules be
    substantially equivalent to those in effect for the rest of
16  the state.

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