1 | The Committee on Natural Resources recommends the following: |
2 |
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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 |
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22 | Be It Enacted by the Legislature of the State of Florida: |
23 |
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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. |