Senate Bill sb2062c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                    CS for CS for SB 2062

    By the Committees on Environmental Preservation; General
    Government Appropriations; and Senators Clary and Lawson




    592-2441-06

  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  

                                  1

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






    Florida Senate - 2006                    CS for CS for SB 2062
    592-2441-06




 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. The district may

31  implement the department's rules without adoption pursuant to

                                  2

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






    Florida Senate - 2006                    CS for CS for SB 2062
    592-2441-06




 1  s. 120.54. Until the rules for the  management and storage of

 2  surface waters under this part take effect, rules adopted

 3  pursuant to the authority of ss. 403.91-403.929, 1984

 4  Supplement to the Florida Statutes 1983, as amended, in effect

 5  prior to July 1, 1994, shall remain in full force and effect,

 6  and shall be implemented by the department.  However, the

 7  department is authorized to establish additional exemptions

 8  and general permits for dredging and filling, if such

 9  exemptions or general permits do not allow significant adverse

10  impacts to occur individually or cumulatively. However, for

11  the purpose of chapter 62-312 17-312, Florida Administrative

12  Code, the landward extent of surface waters of the state

13  identified in rule 62-312.030(2) 17-312.030(2), Florida

14  Administrative Code, shall be determined in accordance with

15  the methodology in rules 62-340.100 through 62-340.600

16  17-340.100 through 17-340.600, Florida Administrative Code, as

17  ratified in s. 373.4211, upon the effective date of such

18  ratified methodology. In implementing s. 373.421(2), the

19  department shall determine the extent of those surface waters

20  and wetlands within the regulatory authority of the department

21  as described in this paragraph. At the request of the

22  petitioner, the department shall also determine the extent of

23  surface waters and wetlands that which can be delineated by

24  the methodology ratified in s. 373.4211, but that which are

25  not subject to the regulatory authority of the department as

26  described in this paragraph. The intent of these rules is to

27  preserve property interests while improving the management and

28  storage of surface waters. The scope of these rules must

29  recognize the historically rural nature, current development

30  trends, and the abundant natural resources of the district,

31  

                                  3

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






    Florida Senate - 2006                    CS for CS for SB 2062
    592-2441-06




 1  and the permitting thresholds and requirements must reflect

 2  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

                                  4

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






    Florida Senate - 2006                    CS for CS for SB 2062
    592-2441-06




 1  exemptions and general permits under this part in effect

 2  elsewhere in the state. These rules shall provide an exemption

 3  for the repair, stabilization, or paving of county maintained

 4  roads existing on or before January 1, 2002, and the repair or

 5  replacement of bridges that are part of the roadway consistent

 6  with s. 403.813(2)(t), notwithstanding s. 403.813(2)(t)7.,

 7  which requires adoption of a general permit applicable within

 8  the Northwest Florida Water Management District and the repeal

 9  of such exemption upon the adoption of a general permit.

10         (e)  Exempt from the rule criteria under paragraph

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

12  surface waters created entirely from uplands that do not

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

14  the purpose of providing mitigation under this part.

15         (2)  The authority of the Northwest Florida Water

16  Management District to implement this part or to implement any

17  authority pursuant to delegation by the department shall not

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

19  373.414(9) shall not apply to said district.

20         (4)(3)  The department and division of permitting

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

22  geographical jurisdiction of the Northwest Florida Water

23  Management District shall enter into an operating agreement

24  under s. 373.046 to effectively implement this section and

25  provide the district with the amount of responsibility under

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

27  the responsibility for regulating silviculture and

28  agriculture. The operating agreement shall encourage local

29  delegation of the responsibilities under this section pursuant

30  to s. 373.441.

31  

                                  5

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






    Florida Senate - 2006                    CS for CS for SB 2062
    592-2441-06




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

 2  to rules adopted under this section.

 3         (6)  The following activities shall continue to be

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

 5  1994:

 6         (a)  The operation and routine custodial maintenance of

 7  activities legally in existence before the effective date of

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

 9  and conditions of the permit, exemption, or other

10  authorization for such activities continue to be met.

11         (b)  The activities approved in a permit issued

12  pursuant to s. 373.4145, Florida Statutes, 1994, and the

13  review of activities proposed in applications received and

14  completed before the effective date of the rules adopted under

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

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

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

18  lessens the environmental impact, except any such modification

19  may not extend the time limit for construction beyond 2

20  additional years.

21  

22  This subsection does not apply to any activity that is

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

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

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

26  Florida Administrative Code, to all wetlands, the delineation

27  of the landward extent of wetlands and other surface waters

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

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

30  continue to be determined in accordance with rule

31  62-312.030(2), Florida Administrative Code, in effect July 1,

                                  6

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






    Florida Senate - 2006                    CS for CS for SB 2062
    592-2441-06




 1  1994, and rules 62-340.100 through 62-340.600, Florida

 2  Administrative Code, as ratified in s. 373.4211.

 3         (4)  If the United States Environmental Protection

 4  Agency approves an assumption of the federal program to

 5  regulate the discharge of dredged or fill material by the

 6  department or the water management districts, or both,

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

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

 9  Corps of Engineers issues one or more state programmatic

10  general permits under the referenced statutes; or the United

11  States Environmental Protection Agency or the United States

12  Corps of Engineers approves any other delegation of regulatory

13  authority under the referenced statutes, then the department

14  may implement any permitting authority granted in this part

15  within the Northwest Florida Water Management District which

16  is prescribed as a condition of granting such assumption,

17  general permit, or delegation.

18         (8)(5)  Within the geographical jurisdiction of the

19  Northwest Florida Water Management District, the methodology

20  for determining the landward extent of surface waters of the

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

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

23         (a)  Activities permitted under the rules adopted

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

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

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

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

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

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

30  

31  

                                  7

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






    Florida Senate - 2006                    CS for CS for SB 2062
    592-2441-06




 1         1.  An activity authorized by such permits is conducted

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

 3  permits.

 4         2.  An activity exempted from the permitting

 5  requirements of the rules adopted pursuant to ss.

 6  403.91-403.929, 1984 Supplement to the Florida Statutes 1983,

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

 8  Code, is:

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

10  July 1, 1999;

11         b.  Conducted in accordance with a plan depicting the

12  activity which has been submitted to and approved for

13  construction by the department, the appropriate local

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

15  Northwest Florida Water Management District; and

16         c.  Conducted in accordance with the terms of the

17  exemption.

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

19  jurisdictional declaratory statement issued pursuant to s.

20  403.914, 1984 Supplement to the Florida Statutes 1983, as

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

22  petition received prior to June 1, 1994.

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

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

25  substantial modification or which lessens the environmental

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

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

28  is reasonably expected to lead to substantially different

29  environmental impacts.

30         (d)  Applications for activities permitted under the

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

                                  8

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






    Florida Senate - 2006                    CS for CS for SB 2062
    592-2441-06




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

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

 3  applied the delineation methodology ratified in s. 373.4211.

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

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

 6         (10)  If the Legislature fails to fund and staff the

 7  environmental resource permitting program established under

 8  this section in any fiscal year, the environmental resource

 9  permitting program shall be suspended for that fiscal year and

10  the rules and statutes governing development activity in the

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

12  until such time as funding and staffing levels are restored

13  consistent with this section.

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

15  repealed effective July 1, 2006.

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

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

18  General Revenue Fund in the Department of Environmental

19  Protection as a transfer to the Northwest Florida Water

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

21  provided in order to implement the environmental resource

22  permitting program authorized by s. 373.4145, Florida

23  Statutes.

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

25  

26  

27  

28  

29  

30  

31  

                                  9

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






    Florida Senate - 2006                    CS for CS for SB 2062
    592-2441-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                     CS for Senate Bill 2062

 3                                 

 4  The committee substitute for committee substitute provides
    that when the Department of Environmental Protection is
 5  developing rules to implement environmental resource
    permitting within the geographic area of the Northwest Florida
 6  Water Management District, the rules must incorporate the
    exemptions and general permits under Part IV of chapter 373,
 7  F.S., and incorporate the permit exemption for repair,
    stabilization, or paving of county maintained roads existing
 8  on or before January 1, 2002, and the repair or replacement of
    bridges that are part of the roadways, using the criteria
 9  provided in s. 403.813 (2)(t), F.S., notwithstanding the fact
    that s. 403.813 (2)(t)7., F.S., requires the department to
10  adopt a statewide general permit and provides for the repeal
    of the permit exemption upon adoption of the general permit.
11  
    The committee substitute for committee substitute also removes
12  provisions of the bill requiring that the rules exempt
    resurfacing or paving of unpaved roads consistent with the
13  exemptions in s. 403.813 (2), F.S.

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  10

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