Senate Bill sb2062c1

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    Florida Senate - 2006                           CS for SB 2062

    By the Committee on General Government Appropriations; and
    Senator Clary




    601-2247-06

  1                      A bill to be entitled

  2         An act relating to environmental permitting;

  3         amending s. 373.4145, F.S.; requiring the

  4         Northwest Florida Water Management District and

  5         the Department of Environmental Protection to

  6         jointly develop rules for the regulation of

  7         certain activities related to stormwater

  8         management systems and the management and

  9         storage of surface waters; requiring the

10         district and the department to streamline

11         federal and state wetland permitting programs

12         and to implement such measures; requiring

13         certain exemptions and provisions for rules

14         relating to certain dwellings; requiring the

15         department and the district to enter into an

16         operating agreement for the implementation of

17         certain provisions; requiring the district to

18         be responsible for the regulation and local

19         delegation of certain activities; repealing

20         certain provisions upon the adoption of rules;

21         removing a repealer provision; providing an

22         appropriation; providing an effective date.

23  

24  Be It Enacted by the Legislature of the State of Florida:

25  

26         Section 1.  Section 373.4145, Florida Statutes, is

27  amended to read:

28         373.4145  Part Interim part IV permitting program

29  within the geographical jurisdiction of for the Northwest

30  Florida Water Management District.--

31  

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    Florida Senate - 2006                           CS for SB 2062
    601-2247-06




 1         (1)  Within the geographical jurisdiction of the

 2  Northwest Florida Water Management District, taking into

 3  consideration the differing physical and natural

 4  characteristics of the area, the department and the district

 5  shall the permitting authority of the department under this

 6  part shall consist solely of the following, notwithstanding

 7  the rule adoption deadline in s. 373.414(9):

 8         (a)  Jointly develop rules to regulate the

 9  construction, operation, alteration, maintenance, abandonment,

10  and removal of stormwater management systems. The department

11  shall adopt the rules by January 1, 2007. The district may

12  implement the department's rules without adoption pursuant to

13  s. 120.54. Until the rules for stormwater management systems

14  take effect, chapter 62-25 Chapter 17-25, Florida

15  Administrative Code, shall remain in full force and effect,

16  and shall be implemented by the department. Notwithstanding

17  the provisions of this section, chapter 62-25 17-25, Florida

18  Administrative Code, may be amended by the department as

19  necessary to comply with any requirements of state or federal

20  laws or regulations, or any condition imposed by a federal

21  program, or as a requirement for receipt of federal grant

22  funds. The intent of these rules is to modify the stormwater

23  rules to improve water quality and flood protection. This

24  objective may be accomplished by applying comparable measures

25  and criteria adopted by the other water management districts

26  which are appropriate considering the differing physical and

27  natural character of the area.

28         (b)  Jointly develop rules for the management and

29  storage of surface waters under this part. The department

30  shall adopt the rules by January 1, 2008. Pursuant to s.

31  120.54, the district may implement the department's rules

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    Florida Senate - 2006                           CS for SB 2062
    601-2247-06




 1  before the rules are adopted. Until the rules for the

 2  management and storage of surface waters under this part take

 3  effect, rules adopted pursuant to the authority of ss.

 4  403.91-403.929, 1984 Supplement to the Florida Statutes 1983,

 5  as amended, in effect prior to July 1, 1994, shall remain in

 6  full force and effect, and shall be implemented by the

 7  department.  However, the department is authorized to

 8  establish additional exemptions and general permits for

 9  dredging and filling, if such exemptions or general permits do

10  not allow significant adverse impacts to occur individually or

11  cumulatively. However, for the purpose of chapter 62-312

12  17-312, Florida Administrative Code, the landward extent of

13  surface waters of the state identified in rule 62-312.030(2)

14  17-312.030(2), Florida Administrative Code, shall be

15  determined in accordance with the methodology in rules

16  62-340.100 through 62-340.600 17-340.100 through 17-340.600,

17  Florida Administrative Code, as ratified in s. 373.4211, upon

18  the effective date of such ratified methodology. In

19  implementing s. 373.421(2), the department shall determine the

20  extent of those surface waters and wetlands within the

21  regulatory authority of the department as described in this

22  paragraph. At the request of the petitioner, the department

23  shall also determine the extent of surface waters and wetlands

24  that which can be delineated by the methodology ratified in s.

25  373.4211, but that which are not subject to the regulatory

26  authority of the department as described in this paragraph.

27  The intent of these rules is to preserve property interests

28  while improving the management and storage of surface waters.

29  The scope of these rules must recognize the historically rural

30  nature, current development trends, and the abundant natural

31  

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    Florida Senate - 2006                           CS for SB 2062
    601-2247-06




 1  resources of the district, and the permitting thresholds and

 2  requirements must reflect this distinction.

 3         (c)  Pursue streamlining of the federal and state

 4  wetland permitting programs pursuant to ss. 373.4143 and

 5  373.4144.

 6         (d)  Implement, to the maximum extent possible,

 7  streamlining measures, including electronic permitting, field

 8  permitting, and certification programs for activities having

 9  minimal individual or cumulative impact, informal wetland

10  determinations, and other similar measures.

11         (2)(c)  The department may implement chapter 40A-4,

12  Florida Administrative Code, in effect prior to July 1, 1994,

13  pursuant to an interagency agreement with the Northwest

14  Florida Water Management District adopted under s. 373.046(4).

15         (3)  The rules adopted under subsection (1), as

16  applicable, shall:

17         (a)  Incorporate the exemptions in ss. 373.406 and

18  403.813(2).

19         (b)  Incorporate the provisions of rule

20  62-341.475(1)(f), Florida Administrative Code, applicable to

21  single-family homes located entirely or partially within

22  wholly owned, isolated wetlands.

23         (c)  Exempt from the notice and permitting requirements

24  of this part the construction or private use of a

25  single-family dwelling unit, duplex, triplex, or quadruplex

26  that:

27         1.  Is not part of a larger common plan of development

28  or sale proposed by the applicant.

29         2.  Does not involve wetlands or other surface waters.

30         (d)  At a minimum and taking into consideration the

31  physical and natural character of the area, incorporate the

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    Florida Senate - 2006                           CS for SB 2062
    601-2247-06




 1  exemptions and general permits under this part in effect

 2  elsewhere in the state. These rules shall exempt resurfacing

 3  or paving of unpaved roads consistent with the exemptions in

 4  s. 403.813(2).

 5         (e)  Exempt from the rule criteria under paragraph

 6  (1)(b) the alteration of wholly owned, artificially created

 7  surface waters created entirely from uplands that do not

 8  connect to waters of the state, except for those created for

 9  the purpose of providing mitigation under this part.

10         (2)  The authority of the Northwest Florida Water

11  Management District to implement this part or to implement any

12  authority pursuant to delegation by the department shall not

13  be affected by this section. The rule adoption deadline in s.

14  373.414(9) shall not apply to said district.

15         (4)(3)  The department and division of permitting

16  responsibilities in s. 373.046(4) shall not apply within the

17  geographical jurisdiction of the Northwest Florida Water

18  Management District shall enter into an operating agreement

19  under s. 373.046 to effectively implement this section and

20  provide the district with the amount of responsibility under

21  the agreement which resources allow, including, at a minimum,

22  the responsibility for regulating silviculture and

23  agriculture. The operating agreement shall encourage local

24  delegation of the responsibilities under this section pursuant

25  to s. 373.441.

26         (5)  The provisions of s. 373.414(11)-(14) do not apply

27  to rules adopted under this section.

28         (6)  The following activities shall continue to be

29  governed by the provisions of s. 373.4145, Florida Statutes,

30  1994:

31  

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    Florida Senate - 2006                           CS for SB 2062
    601-2247-06




 1         (a)  The operation and routine custodial maintenance of

 2  activities legally in existence before the effective date of

 3  the rules adopted under subsection (1), as long as the terms

 4  and conditions of the permit, exemption, or other

 5  authorization for such activities continue to be met.

 6         (b)  The activities approved in a permit issued

 7  pursuant to s. 373.4145, Florida Statutes 1994, and the review

 8  of activities proposed in applications received and completed

 9  before the effective date of the rules adopted under

10  subsection (1), as applicable. This paragraph applies to any

11  modification of the plans, terms, and conditions of a permit

12  issued pursuant to s. 373.4145, Florida Statutes 1994, which

13  lessens the environmental impact, except any such modification

14  may not extend the time limit for construction beyond 2

15  additional years.

16  

17  This subsection does not apply to any activity that is

18  altered, modified, expanded, abandoned, or removed after

19  adoption of the applicable rules under subsection (1).

20         (7)  Unless the petitioner elects to apply rule 62-340,

21  Florida Administrative Code, to all wetlands, the delineation

22  of the landward extent of wetlands and other surface waters

23  for petitions filed under s. 373.421(2) before the effective

24  date of the rules adopted under paragraph (1)(b) shall

25  continue to be determined in accordance with rule

26  62-312.030(2), Florida Administrative Code, in effect July 1,

27  1994, and rules 62-340.100 through 62-340.600, Florida

28  Administrative Code, as ratified in s. 373.4211.

29         (4)  If the United States Environmental Protection

30  Agency approves an assumption of the federal program to

31  regulate the discharge of dredged or fill material by the

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    Florida Senate - 2006                           CS for SB 2062
    601-2247-06




 1  department or the water management districts, or both,

 2  pursuant to s. 404 of the Clean Water Act, Pub. L. No. 92-500,

 3  as amended, 33 U.S.C. ss. 1251 et seq.; the United States Army

 4  Corps of Engineers issues one or more state programmatic

 5  general permits under the referenced statutes; or the United

 6  States Environmental Protection Agency or the United States

 7  Corps of Engineers approves any other delegation of regulatory

 8  authority under the referenced statutes, then the department

 9  may implement any permitting authority granted in this part

10  within the Northwest Florida Water Management District which

11  is prescribed as a condition of granting such assumption,

12  general permit, or delegation.

13         (8)(5)  Within the geographical jurisdiction of the

14  Northwest Florida Water Management District, the methodology

15  for determining the landward extent of surface waters of the

16  state under chapter 403 in effect prior to the effective date

17  of the methodology ratified in s. 373.4211 shall apply to:

18         (a)  Activities permitted under the rules adopted

19  pursuant to ss. 403.91-403.929, 1984 Supplement to the Florida

20  Statutes 1983, as amended, or which were exempted from

21  regulation under such rules, prior to July 1, 1994, and which

22  were permitted under chapter 62-25 17-25, Florida

23  Administrative Code, or exempt from chapter 62-25 17-25,

24  Florida Administrative Code, prior to July 1, 1994, provided:

25         1.  An activity authorized by such permits is conducted

26  in accordance with the plans, terms, and conditions of such

27  permits.

28         2.  An activity exempted from the permitting

29  requirements of the rules adopted pursuant to ss.

30  403.91-403.929, 1984 Supplement to the Florida Statutes 1983,

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    Florida Senate - 2006                           CS for SB 2062
    601-2247-06




 1  as amended, or chapter 62-25 17-25, Florida Administrative

 2  Code, is:

 3         a.  Commenced prior to July 1, 1994, and completed by

 4  July 1, 1999;

 5         b.  Conducted in accordance with a plan depicting the

 6  activity which has been submitted to and approved for

 7  construction by the department, the appropriate local

 8  government, the United States Army Corps of Engineers, or the

 9  Northwest Florida Water Management District; and

10         c.  Conducted in accordance with the terms of the

11  exemption.

12         (b)  An activity within the boundaries of a valid

13  jurisdictional declaratory statement issued pursuant to s.

14  403.914, 1984 Supplement to the Florida Statutes 1983, as

15  amended, or the rules adopted thereunder, in response to a

16  petition received prior to June 1, 1994.

17         (c)  Any modification of a permitted or exempt activity

18  as described in paragraph (a) which does not constitute a

19  substantial modification or which lessens the environmental

20  impact of such permitted or exempt activity. For the purposes

21  of this section, a substantial modification is one that which

22  is reasonably expected to lead to substantially different

23  environmental impacts.

24         (d)  Applications for activities permitted under the

25  rules adopted pursuant to ss. 403.91-403.929, 1984 Supplement

26  to the 1983 Florida Statutes, as amended, which were pending

27  on June 15, 1994, unless the application elects to have

28  applied the delineation methodology ratified in s. 373.4211.

29         (9)  Subsections (2) and (8) are repealed on the date

30  the rules adopted pursuant to subsection (1) take effect.

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    Florida Senate - 2006                           CS for SB 2062
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 1         (10)  If the Legislature fails to fund and staff the

 2  environmental resource permitting program established under

 3  this section in any fiscal year, the environmental resource

 4  permitting program shall be suspended for that fiscal year and

 5  the rules and statutes governing development activity in the

 6  district shall revert to those in effect on April 1, 2006,

 7  until such time as funding and staffing levels are restored

 8  consistent with this section.

 9         (6)  Subsections (1), (2), (3), and (4) shall be

10  repealed effective July 1, 2006.

11         Section 2.  The sum of $2,418,816 in recurring funds

12  and $525,000 in nonrecurring funds are appropriated from the

13  General Revenue Fund in the Department of Environmental

14  Protection as a transfer to the Northwest Florida Water

15  Management District for the 2006-2007 fiscal year. Funds are

16  provided in order to implement the environmental resource

17  permitting program authorized by s. 373.4145, Florida

18  Statutes.

19         Section 3.  This act shall take effect July 1, 2006.

20  

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                         Senate Bill 2062

23                                 

24  Authorizes environmental resource permitting (ERP) in
    Northwest Florida.
25  
    Requires the Department of Environmental Protection and the
26  Northwest Florida Water Management District to jointly develop
    rules for the regulation of stormwater and surface waters.
27  Rules for stormwater management are to be developed by January
    1, 2007, and rules for the management and storage of surface
28  waters by January 1, 2008.

29  Appropriates a total of $2.9 million from the General Revenue
    Fund to the district to implement this act.
30  

31  

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