HB 0759

CS

CHAMBER ACTION

1	The Environmental Regulation Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to environmental permitting programs;
7	creating s. 373.4143, F.S.; providing legislative intent;
8	creating s. 373.4144, F.S.; providing for the
9	consolidation of federal and state wetland permitting
10	programs; providing duties of the Department of
11	Environmental Protection; requiring a report to the
12	Legislature and coordination with the Florida
13	Congressional Delegation; amending s. 373.4145, F.S., and
14	reenacting subsections (1)-(4), to continue the interim
15	part IV permitting program for the Northwest Florida Water
16	Management District; providing for future repeal of such
17	interim program; providing an effective date.
18
19	WHEREAS, the Legislature recognizes that consolidation of
20	existing federal and state permitting associated with wetlands
21	and navigable waters is in the public interest by eliminating
22	unnecessary duplication and reducing subjective and potentially
23	inconsistent permitting decisions, and
24	WHEREAS, the Legislature further recognizes that
25	consolidation of federal and state wetland and navigable waters
26	permitting would reduce the substantial costs to both public and
27	private sectors, provide a more efficient delivery of government
28	services, and avoid protracted processing delays while
29	maintaining the federal and state protection afforded to
30	Florida's natural resources, NOW, THEREFORE,
31
32	Be It Enacted by the Legislature of the State of Florida:
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34	Section 1.  Section 373.4143, Florida Statutes, is created
35	to read:
36	373.4143  Declaration of policy.--It is the policy of the
37	Legislature that the state provide efficient government services
38	by consolidating, to the maximum extent practicable, federal and
39	state permitting associated with wetlands and navigable waters
40	within the state.
41	Section 2.  Section 373.4144, Florida Statutes, is created
42	to read:
43	373.4144  Federal environmental permitting.--
44	(1)  The department is directed to develop, on or before
45	October 1, 2005, a mechanism or plan to consolidate, to the
46	maximum extent practicable, the federal and state wetland
47	permitting programs. It is the intent of the Legislature that
48	all dredge and fill activities impacting 10 acres or less of
49	wetlands or waters, including navigable waters, be processed by
50	the state as part of the environmental resource permitting
51	program implemented by the department and the water management
52	districts. The resulting mechanism or plan shall analyze and
53	propose the development of an expanded state programmatic
54	general permit program in conjunction with the United States
55	Army Corps of Engineers pursuant to s. 404 of the Clean Water
56	Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,
57	and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,
58	or in combination with an expanded state programmatic general
59	permit, the mechanism or plan may propose the creation of a
60	series of regional general permits issued by the United States
61	Army Corps of Engineers pursuant to the referenced statutes. It
62	is intended that the expansion of the state programmatic general
63	permit program or the creation of a series of regional general
64	permits provide the exclusive federal and state regulation of
65	all dredge and fill activities impacting 10 acres or less of
66	wetlands or waters, including navigable waters, within the
67	state. All of the regional general permits must be administered
68	by the department or the water management districts.
69	(2)  The department is directed to file with the Speaker of
70	the House of Representatives and the President of the Senate a
71	report proposing any required federal and state statutory
72	changes that would be necessary to accomplish the directives
73	listed in this section and to coordinate with the Florida
74	Congressional Delegation on any necessary changes to federal law
75	to implement the directives.
76	(3)  Nothing in this section shall be construed to preclude
77	the department from pursuing complete assumption of federal
78	permitting programs regulating the discharge of dredged or fill
79	material pursuant to s. 404 of the Clean Water Act, Pub. L. No.
80	92-500, as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of the
81	Rivers and Harbors Act of 1899, so long as the assumption
82	encompasses all dredge and fill activities in, on, or over
83	jurisdictional wetlands or waters, including navigable waters,
84	within the state.
85	Section 3.  Notwithstanding the repeal of subsections (1),
86	(2), (3), and (4) of section 373.4145, Florida Statutes,
87	scheduled for July 1, 2005, said subsections are reenacted, and
88	subsection (6) of said section is amended, to read:
89	373.4145  Interim part IV permitting program for the
90	Northwest Florida Water Management District.--
91	(1)  Within the geographical jurisdiction of the Northwest
92	Florida Water Management District, the permitting authority of
93	the department under this part shall consist solely of the
94	following, notwithstanding the rule adoption deadline in s.
95	373.414(9):
96	(a)  Chapter 17-25, Florida Administrative Code, shall
97	remain in full force and effect, and shall be implemented by the
98	department. Notwithstanding the provisions of this section,
99	chapter 17-25, Florida Administrative Code, may be amended by
100	the department as necessary to comply with any requirements of
101	state or federal laws or regulations, or any condition imposed
102	by a federal program, or as a requirement for receipt of federal
103	grant funds.
104	(b)  Rules adopted pursuant to the authority of ss. 403.91-
105	403.929, 1984 Supplement to the Florida Statutes 1983, as
106	amended, in effect prior to July 1, 1994, shall remain in full
107	force and effect, and shall be implemented by the department.
108	However, the department is authorized to establish additional
109	exemptions and general permits for dredging and filling, if such
110	exemptions or general permits do not allow significant adverse
111	impacts to occur individually or cumulatively. However, for the
112	purpose of chapter 17-312, Florida Administrative Code, the
113	landward extent of surface waters of the state identified in
114	rule 17-312.030(2), Florida Administrative Code, shall be
115	determined in accordance with the methodology in rules 17-
116	340.100 through 17-340.600, Florida Administrative Code, as
117	ratified in s. 373.4211, upon the effective date of such
118	ratified methodology. In implementing s. 373.421(2), the
119	department shall determine the extent of those surface waters
120	and wetlands within the regulatory authority of the department
121	as described in this paragraph. At the request of the
122	petitioner, the department shall also determine the extent of
123	surface waters and wetlands which can be delineated by the
124	methodology ratified in s. 373.4211, but which are not subject
125	to the regulatory authority of the department as described in
126	this paragraph.
127	(c)  The department may implement chapter 40A-4, Florida
128	Administrative Code, in effect prior to July 1, 1994, pursuant
129	to an interagency agreement with the Northwest Florida Water
130	Management District adopted under s. 373.046(4).
131	(2)  The authority of the Northwest Florida Water
132	Management District to implement this part or to implement any
133	authority pursuant to delegation by the department shall not be
134	affected by this section. The rule adoption deadline in s.
135	373.414(9) shall not apply to said district.
136	(3)  The division of permitting responsibilities in s.
137	373.046(4) shall not apply within the geographical jurisdiction
138	of the Northwest Florida Water Management District.
139	(4)  If the United States Environmental Protection Agency
140	approves an assumption of the federal program to regulate the
141	discharge of dredged or fill material by the department or the
142	water management districts, or both, pursuant to s. 404 of the
143	Clean Water Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss.
144	1251 et seq.; the United States Army Corps of Engineers issues
145	one or more state programmatic general permits under the
146	referenced statutes; or the United States Environmental
147	Protection Agency or the United States Corps of Engineers
148	approves any other delegation of regulatory authority under the
149	referenced statutes, then the department may implement any
150	permitting authority granted in this part within the Northwest
151	Florida Water Management District which is prescribed as a
152	condition of granting such assumption, general permit, or
153	delegation.
154	(6)  Subsections (1), (2), (3), and (4) shall be repealed
155	effective 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.