HB 0759CS


1The Environmental Regulation Committee recommends the following:
3     Council/Committee Substitute
4     Remove the entire bill and insert:
A bill to be entitled
6An act relating to environmental permitting programs;
7creating s. 373.4143, F.S.; providing legislative intent;
8creating s. 373.4144, F.S.; providing for the
9consolidation of federal and state wetland permitting
10programs; providing duties of the Department of
11Environmental Protection; requiring a report to the
12Legislature and coordination with the Florida
13Congressional Delegation; amending s. 373.4145, F.S., and
14reenacting subsections (1)-(4), to continue the interim
15part IV permitting program for the Northwest Florida Water
16Management District; providing for future repeal of such
17interim program; providing an effective date.
19     WHEREAS, the Legislature recognizes that consolidation of
20existing federal and state permitting associated with wetlands
21and navigable waters is in the public interest by eliminating
22unnecessary duplication and reducing subjective and potentially
23inconsistent permitting decisions, and
24     WHEREAS, the Legislature further recognizes that
25consolidation of federal and state wetland and navigable waters
26permitting would reduce the substantial costs to both public and
27private sectors, provide a more efficient delivery of government
28services, and avoid protracted processing delays while
29maintaining the federal and state protection afforded to
30Florida's natural resources, NOW, THEREFORE,
32Be It Enacted by the Legislature of the State of Florida:
34     Section 1.  Section 373.4143, Florida Statutes, is created
35to read:
36     373.4143  Declaration of policy.--It is the policy of the
37Legislature that the state provide efficient government services
38by consolidating, to the maximum extent practicable, federal and
39state permitting associated with wetlands and navigable waters
40within the state.
41     Section 2.  Section 373.4144, Florida Statutes, is created
42to read:
43     373.4144  Federal environmental permitting.--
44     (1)  The department is directed to develop, on or before
45October 1, 2005, a mechanism or plan to consolidate, to the
46maximum extent practicable, the federal and state wetland
47permitting programs. It is the intent of the Legislature that
48all dredge and fill activities impacting 10 acres or less of
49wetlands or waters, including navigable waters, be processed by
50the state as part of the environmental resource permitting
51program implemented by the department and the water management
52districts. The resulting mechanism or plan shall analyze and
53propose the development of an expanded state programmatic
54general permit program in conjunction with the United States
55Army Corps of Engineers pursuant to s. 404 of the Clean Water
56Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
57and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,
58or in combination with an expanded state programmatic general
59permit, the mechanism or plan may propose the creation of a
60series of regional general permits issued by the United States
61Army Corps of Engineers pursuant to the referenced statutes. It
62is intended that the expansion of the state programmatic general
63permit program or the creation of a series of regional general
64permits provide the exclusive federal and state regulation of
65all dredge and fill activities impacting 10 acres or less of
66wetlands or waters, including navigable waters, within the
67state. All of the regional general permits must be administered
68by the department or the water management districts.
69     (2)  The department is directed to file with the Speaker of
70the House of Representatives and the President of the Senate a
71report proposing any required federal and state statutory
72changes that would be necessary to accomplish the directives
73listed in this section and to coordinate with the Florida
74Congressional Delegation on any necessary changes to federal law
75to implement the directives.
76     (3)  Nothing in this section shall be construed to preclude
77the department from pursuing complete assumption of federal
78permitting programs regulating the discharge of dredged or fill
79material pursuant to s. 404 of the Clean Water Act, Pub. L. No.
8092-500, as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of the
81Rivers and Harbors Act of 1899, so long as the assumption
82encompasses all dredge and fill activities in, on, or over
83jurisdictional wetlands or waters, including navigable waters,
84within the state.
85     Section 3.  Notwithstanding the repeal of subsections (1),
86(2), (3), and (4) of section 373.4145, Florida Statutes,
87scheduled for July 1, 2005, said subsections are reenacted, and
88subsection (6) of said section is amended, to read:
89     373.4145  Interim part IV permitting program for the
90Northwest Florida Water Management District.--
91     (1)  Within the geographical jurisdiction of the Northwest
92Florida Water Management District, the permitting authority of
93the department under this part shall consist solely of the
94following, notwithstanding the rule adoption deadline in s.
96     (a)  Chapter 17-25, Florida Administrative Code, shall
97remain in full force and effect, and shall be implemented by the
98department. Notwithstanding the provisions of this section,
99chapter 17-25, Florida Administrative Code, may be amended by
100the department as necessary to comply with any requirements of
101state or federal laws or regulations, or any condition imposed
102by a federal program, or as a requirement for receipt of federal
103grant funds.
104     (b)  Rules adopted pursuant to the authority of ss. 403.91-
105403.929, 1984 Supplement to the Florida Statutes 1983, as
106amended, in effect prior to July 1, 1994, shall remain in full
107force and effect, and shall be implemented by the department.
108However, the department is authorized to establish additional
109exemptions and general permits for dredging and filling, if such
110exemptions or general permits do not allow significant adverse
111impacts to occur individually or cumulatively. However, for the
112purpose of chapter 17-312, Florida Administrative Code, the
113landward extent of surface waters of the state identified in
114rule 17-312.030(2), Florida Administrative Code, shall be
115determined in accordance with the methodology in rules 17-
116340.100 through 17-340.600, Florida Administrative Code, as
117ratified in s. 373.4211, upon the effective date of such
118ratified methodology. In implementing s. 373.421(2), the
119department shall determine the extent of those surface waters
120and wetlands within the regulatory authority of the department
121as described in this paragraph. At the request of the
122petitioner, the department shall also determine the extent of
123surface waters and wetlands which can be delineated by the
124methodology ratified in s. 373.4211, but which are not subject
125to the regulatory authority of the department as described in
126this paragraph.
127     (c)  The department may implement chapter 40A-4, Florida
128Administrative Code, in effect prior to July 1, 1994, pursuant
129to an interagency agreement with the Northwest Florida Water
130Management District adopted under s. 373.046(4).
131     (2)  The authority of the Northwest Florida Water
132Management District to implement this part or to implement any
133authority pursuant to delegation by the department shall not be
134affected by this section. The rule adoption deadline in s.
135373.414(9) shall not apply to said district.
136     (3)  The division of permitting responsibilities in s.
137373.046(4) shall not apply within the geographical jurisdiction
138of the Northwest Florida Water Management District.
139     (4)  If the United States Environmental Protection Agency
140approves an assumption of the federal program to regulate the
141discharge of dredged or fill material by the department or the
142water management districts, or both, pursuant to s. 404 of the
143Clean Water Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss.
1441251 et seq.; the United States Army Corps of Engineers issues
145one or more state programmatic general permits under the
146referenced statutes; or the United States Environmental
147Protection Agency or the United States Corps of Engineers
148approves any other delegation of regulatory authority under the
149referenced statutes, then the department may implement any
150permitting authority granted in this part within the Northwest
151Florida Water Management District which is prescribed as a
152condition of granting such assumption, general permit, or
154     (6)  Subsections (1), (2), (3), and (4) shall be repealed
155effective July 1, 2010 2005.
156     Section 4.  This act shall take effect upon becoming a law.

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