HB 0319CS

CHAMBER ACTION




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


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