| 1 | The Committee on Natural Resources recommends the following: | 
| 2 | 
  | 
| 3 |      Committee Substitute | 
| 4 |      Remove the entire bill and insert: | 
| 5 | A bill to be entitled | 
| 6 | An act relating to the Florida Incentive-based Permitting  | 
| 7 | Act; creating s. 403.0874, F.S.; providing a section name;  | 
| 8 | providing legislative findings; providing purposes;  | 
| 9 | providing definitions; providing for an Incentive-based  | 
| 10 | Permitting Program; providing compliance incentives for  | 
| 11 | certain environmental permitting activities; providing  | 
| 12 | requirements and limitations; providing for administration  | 
| 13 | by the Department of Environmental Protection; requiring  | 
| 14 | the department to adopt certain rules; requiring agency  | 
| 15 | notification of formal enforcement actions; providing  | 
| 16 | notice requirements; amending ss. 161.041 and 373.413,  | 
| 17 | F.S.; specifying application of Incentive-based Permitting  | 
| 18 | Program provisions; amending s. 403.087, F.S.; revising  | 
| 19 | criteria for department permit issuance to conform;  | 
| 20 | providing an effective date. | 
| 21 | 
  | 
| 22 | Be It Enacted by the Legislature of the State of Florida: | 
| 23 | 
  | 
| 24 |      Section 1.  Section 403.0874, Florida Statutes, is created  | 
| 25 | to read: | 
| 26 |      403.0874  Incentive-based Permitting Program.-- | 
| 27 |      (1)  POPULAR NAME.--This section may be referred to by the  | 
| 28 | popular name the "Florida Incentive-based Permitting Act." | 
| 29 |      (2)  LEGISLATIVE FINDINGS; PUBLIC PURPOSE.-- | 
| 30 |      (a)  The Legislature finds and declares that a permit  | 
| 31 | applicant's history of compliance with applicable permit  | 
| 32 | conditions and requirements and the environmental laws of this  | 
| 33 | state is a factor that should be considered by the department  | 
| 34 | when the department is considering whether to issue or reissue a  | 
| 35 | permit to an applicant, based upon compliance incentives under  | 
| 36 | this section. | 
| 37 |      (b)  Permit applicants with a history of compliance with  | 
| 38 | applicable permit conditions and requirements and the  | 
| 39 | environmental laws of this state should be eligible for longer  | 
| 40 | permits, expedited permit reviews, short-form permit renewals,  | 
| 41 | and other incentives to reward and encourage such applicants. | 
| 42 |      (c)  It is therefore declared to be the purpose of this act  | 
| 43 | to provide the department with clear and specific authority to  | 
| 44 | consider the compliance history of a permit applicant who has  | 
| 45 | applied for an incentive-based permit. | 
| 46 |      (3)  DEFINITIONS.--For purposes of this section: | 
| 47 |      (a)  "Applicant" means the proposed permittee or  | 
| 48 | transferee, owner, or operator of a regulated activity seeking  | 
| 49 | an agency permit. | 
| 50 |      (b)  "Agency" means the Department of Environmental  | 
| 51 | Protection. | 
| 52 |      (c)  "Environmental laws" means any state or federal law  | 
| 53 | that regulates activities for the purpose of protecting the  | 
| 54 | environment, or for the purpose of protecting the public health  | 
| 55 | from pollution or contaminants, but does not include any law  | 
| 56 | that regulates activities for the purpose of zoning, growth  | 
| 57 | management, or land use. The term includes, but is not limited  | 
| 58 | to, chapter 161, part IV of chapter 373, and chapter 403. | 
| 59 |      (d)  "Regulated activity" means any activity, including,  | 
| 60 | but not limited to, the construction or operation of a facility,  | 
| 61 | installation, system, or project, for which a permit or  | 
| 62 | certification is required under an agency law. | 
| 63 |      (e)  "Site" means a single parcel, or multiple contiguous  | 
| 64 | or adjacent parcels, of land on which the applicant proposes to  | 
| 65 | conduct, or has conducted, a regulated activity. | 
| 66 |      (4)  COMPLIANCE INCENTIVES.--In order to obtain compliance  | 
| 67 | incentives, the applicant must affirmatively request such  | 
| 68 | incentives as part of the permit application. Unless otherwise  | 
| 69 | prohibited by state or federal law, agency rule, or federal  | 
| 70 | regulation, and provided the applicant meets all other  | 
| 71 | applicable criteria for the issuance of a permit, any applicant  | 
| 72 | who meets the criteria set forth in this subsection is entitled  | 
| 73 | to the following incentives: | 
| 74 |      (a)  Level 1.-- | 
| 75 |      1.  An applicant shall be entitled to incentives pursuant  | 
| 76 | to this paragraph at a site if the applicant conducted the  | 
| 77 | regulated activity for at least 4 of the 5 years preceding  | 
| 78 | submittal of the permit application or, if the activity is a new  | 
| 79 | regulated activity, the applicant conducted a similar regulated  | 
| 80 | activity under an agency permit for at least 4 of the 5 years at  | 
| 81 | a different site in this state preceding submittal of the permit  | 
| 82 | application. However, an applicant shall not be entitled to  | 
| 83 | incentives under this paragraph if the applicant has a relevant  | 
| 84 | compliance history at the subject site that includes any knowing  | 
| 85 | violation that resulted in formal enforcement action and the  | 
| 86 | violation resulted in significant harm to human health or the  | 
| 87 | environment. The term "knowing" means awareness of the nature of  | 
| 88 | a person's acts, not awareness that such acts violate the law.  | 
| 89 | The term does not include conduct that is the result of an act  | 
| 90 | of God, mechanical failure, events beyond the control of the  | 
| 91 | applicant, an accident, or a mistake of fact. The term "act of  | 
| 92 | God," which means only an unforeseeable act exclusively  | 
| 93 | occasioned by the violence of nature without the interference of  | 
| 94 | any human agency, shall not be deemed to cause any failure to  | 
| 95 | comply with a permit condition or requirement. | 
| 96 |      2.  Level 1 incentives shall include: | 
| 97 |      a.  Automatic renewal of permit.--A renewal of a permit  | 
| 98 | shall be issued for a period of 5 years and shall, after notice  | 
| 99 | and an opportunity for public comment, be automatically renewed  | 
| 100 | for one additional 5-year term without agency action unless the  | 
| 101 | agency determines, based on information submitted by the  | 
| 102 | applicant or resulting from the public comments or its own  | 
| 103 | records, that the applicant has committed violations during the  | 
| 104 | relevant review period that disqualify the applicant from  | 
| 105 | receiving the automatic or expedited renewal. | 
| 106 |      b.  Expedited permit review.--The processing time following  | 
| 107 | receipt of a completed application shall be 45 days for the  | 
| 108 | issuance of the agency action. | 
| 109 |      c.  Short-form renewals.--Renewals of permits not involving  | 
| 110 | substantial construction or expansion may be made upon a  | 
| 111 | shortened application form specifying only the changes in the  | 
| 112 | regulated activity or a certification by the applicant that no  | 
| 113 | changes in the regulated activity are proposed if that is the  | 
| 114 | case. Applicants for short-form renewals shall complete and  | 
| 115 | submit the prescribed compliance form with the application and  | 
| 116 | shall remain subject to the compliance history review of this  | 
| 117 | section. All other procedural requirements for renewal  | 
| 118 | applications remain unchanged. This provision shall supplement  | 
| 119 | any expedited review processes found in agency rules. | 
| 120 |      d.  Rulemaking.-?Within 6 months after the effective date  | 
| 121 | of this act, the department shall initiate rulemaking to  | 
| 122 | implement Level 1 incentives. The rule shall specify what  | 
| 123 | incentives will be made available, how applicants may qualify  | 
| 124 | for incentives, and how extended permits may be transferred.  | 
| 125 | Until an implementing rule is adopted, Level 1 incentives shall  | 
| 126 | not be available to permit applicants under this act. | 
| 127 |      (b)  Level 2.-- | 
| 128 |      1.  An applicant shall be entitled to incentives pursuant  | 
| 129 | to this paragraph if the applicant meets the requirements for  | 
| 130 | Level 1 and the applicant takes any other actions not otherwise  | 
| 131 | required by law that result in: | 
| 132 |      a.  Reductions in actual or permitted discharges or  | 
| 133 | emissions; | 
| 134 |      b.  Reductions in the impacts of regulated activities on  | 
| 135 | public lands or natural resources; | 
| 136 |      c.  Waste reduction or reuse; | 
| 137 |      d.  Implementation of a voluntary environmental management  | 
| 138 | system; or | 
| 139 |      e.  Other similar actions as determined by department rule. | 
| 140 |      2.  Level 2 incentives may include all Level 1 incentives  | 
| 141 | and shall also include: | 
| 142 |      a.  Ten-year permits, provided the applicant has conducted  | 
| 143 | a regulated activity at the site for at least 5 years. | 
| 144 |      b.  Fewer routine inspections than other regulated  | 
| 145 | activities similarly situated. | 
| 146 |      c.  Expedited review of requests for permit modifications. | 
| 147 |      d.  Agency recognition, program-specific incentives, or  | 
| 148 | certifications in lieu of renewal permits. | 
| 149 |      e.  No more than two requests for additional information. | 
| 150 |      (c)  Rulemaking.--Within 6 months after the effective date  | 
| 151 | of this act, the department shall initiate rulemaking to  | 
| 152 | implement Level 2 incentives. The rule shall specify what  | 
| 153 | incentives will be made available, how applicants may qualify  | 
| 154 | for incentives, and how extended permits may be transferred.  | 
| 155 | Until an implementing rule is adopted, Level 2 incentives shall  | 
| 156 | not be available to permit applicants under this act. | 
| 157 |      (5)  NOTIFICATION.--The agency is encouraged to work with  | 
| 158 | permittees and permit applicants to encourage compliance and  | 
| 159 | avoid burdensome and expensive consequences of noncompliance. In  | 
| 160 | each case in which the agency initiates a formal enforcement  | 
| 161 | action and prior to considering incentives outlined in this  | 
| 162 | section, the agency shall clearly and specifically: | 
| 163 |      (a)  Inform the alleged permittee if the provisions of this  | 
| 164 | section will allow for considering incentives. | 
| 165 |      (b)  Put the alleged permittee on notice of the  | 
| 166 | consequences of violations and the potential consequences of  | 
| 167 | continuing noncompliance in relation to Level 1 or Level 2  | 
| 168 | incentives. | 
| 169 |      Section 2.  Subsection (5) is added to section 161.041,  | 
| 170 | Florida Statutes, to read: | 
| 171 |      161.041  Permits required.-- | 
| 172 |      (5)  The Incentive-based Permitting Program provisions of  | 
| 173 | s. 403.0874 shall apply to all permits issued under this  | 
| 174 | chapter. | 
| 175 |      Section 3.  Subsection (6) is added to section 373.413,  | 
| 176 | Florida Statutes, to read: | 
| 177 |      373.413  Permits for construction or alteration.-- | 
| 178 |      (6)  The Incentive-based Permitting Program provisions of  | 
| 179 | s. 403.0874 shall apply to permits issued under this section. | 
| 180 |      Section 4.  Subsection (7) of section 403.087, Florida  | 
| 181 | Statutes, is amended to read: | 
| 182 |      403.087  Permits; general issuance; denial; revocation;  | 
| 183 | prohibition; penalty.-- | 
| 184 |      (7)  A permit issued pursuant to this section shall not  | 
| 185 | become a vested right in the permittee. The department may  | 
| 186 | revoke any permit issued by it if it finds that the permitholder  | 
| 187 | knowingly: | 
| 188 |      (a)  Has submitted false or inaccurate information in the  | 
| 189 | his or her application for such permit; | 
| 190 |      (b)  Has violated law, department orders, rules, or  | 
| 191 | regulations, or permit conditions directly related to such  | 
| 192 | permit and has refused to correct or cure such violations when  | 
| 193 | requested to do so; | 
| 194 |      (c)  Has failed to submit operational reports or other  | 
| 195 | information required by department rule or regulation directly  | 
| 196 | related to such permit and has refused to correct or cure such  | 
| 197 | violations when requested to do so; or | 
| 198 |      (d)  Has refused lawful inspection under s. 403.091 at the  | 
| 199 | facility authorized by such permit. | 
| 200 |      Section 5.  This act shall take effect upon becoming a law. |