Senate Bill sb2510
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Florida Senate - 2006 SB 2510
By Senator Haridopolos
26-1547-06 See HB 261
1 A bill to be entitled
2 An act relating to the Florida Incentive-based
3 Permitting Act; creating s. 403.0874, F.S.;
4 providing a short title; providing legislative
5 findings; providing purposes; providing
6 definitions; providing for an Incentive-based
7 Permitting Program; providing compliance
8 incentives for certain environmental permitting
9 activities; providing requirements and
10 limitations; providing for administration by
11 the Department of Environmental Protection;
12 requiring the department to adopt certain
13 rules; amending ss. 161.041, 373.219, and
14 373.413, F.S.; specifying application of
15 Incentive-based Permitting Program provisions;
16 amending s. 403.087, F.S.; revising criteria
17 for department permit issuance to conform;
18 providing an effective date.
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20 Be It Enacted by the Legislature of the State of Florida:
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22 Section 1. Section 403.0874, Florida Statutes, is
23 created to read:
24 403.0874 Incentive-based Permitting Program.--
25 (1) SHORT TITLE.--This section may be cited as the
26 "Florida Incentive-based Permitting Act."
27 (2) LEGISLATIVE FINDINGS; PUBLIC PURPOSE.--
28 (a) The Legislature finds and declares that a permit
29 applicant's history of compliance with applicable permit
30 conditions and requirements and the environmental laws of this
31 state is a factor that should be considered by the agency when
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Florida Senate - 2006 SB 2510
26-1547-06 See HB 261
1 the agency is considering whether to issue or reissue a permit
2 to an applicant, based upon compliance incentives under this
3 section.
4 (b) Permit applicants with a history of compliance
5 with applicable permit conditions and requirements and the
6 environmental laws of this state should be eligible for longer
7 permits, expedited permit reviews, short-form permit renewals,
8 and other incentives to reward and encourage such applicants.
9 (c) The agency is encouraged to work with permittees
10 and permit applicants to encourage compliance and avoid
11 burdensome and expensive consequences of noncompliance.
12 (d) It is therefore declared to be the purpose of this
13 section to provide the agency with clear and specific
14 authority to consider the compliance history of a permit
15 applicant who has applied for an incentive-based permit.
16 (3) DEFINITIONS.--For purposes of this section:
17 (a) "Agency" means the Department of Environmental
18 Protection.
19 (b) "Applicant" means the proposed permittee or
20 transferee, owner, or operator of a regulated activity seeking
21 an agency permit.
22 (c) "Environmental laws" means any state or federal
23 law that regulates activities for the purpose of protecting
24 the environment, or for the purpose of protecting the public
25 health from pollution or contaminants, but does not include
26 any law that regulates activities for the purpose of zoning,
27 growth management, or land use. The term includes, but is not
28 limited to, chapter 161, parts II and IV of chapter 373, and
29 chapter 403.
30 (d) "Regulated activity" means any activity,
31 including, but not limited to, the construction or operation
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Florida Senate - 2006 SB 2510
26-1547-06 See HB 261
1 of a facility, installation, system, or project, for which a
2 permit or certification is required by law.
3 (e) "Site" means a single parcel, or multiple
4 contiguous or adjacent parcels, of land on which the applicant
5 proposes to conduct, or has conducted, a regulated activity.
6 (4) COMPLIANCE INCENTIVES.--In order to obtain
7 compliance incentives, the applicant must affirmatively
8 request such incentives as part of the permit application.
9 Unless otherwise prohibited by state or federal law, agency
10 rule, or federal regulation, and provided the applicant meets
11 all other applicable criteria for the issuance of a permit,
12 any applicant who meets the criteria set forth in this
13 subsection is entitled to the following incentives:
14 (a) Level 1.--
15 1. An applicant shall be entitled to incentives
16 pursuant to this paragraph at a site if the applicant
17 conducted the regulated activity for at least 4 of the 5 years
18 preceding submittal of the permit application or, if the
19 activity is a new regulated activity, the applicant conducted
20 a similar regulated activity under an agency permit for at
21 least 4 of the 5 years at a different site in this state
22 preceding submittal of the permit application. However, an
23 applicant shall not be entitled to incentives under this
24 paragraph if the applicant has a relevant compliance history
25 at the subject site that includes any violation that resulted
26 in enforcement action and the violation resulted in the
27 potential for harm to human health or the environment. Alleged
28 violations shall not be considered unless a consent order or
29 other settlement has been entered into or the violation has
30 been adjudicated.
31 2. Level 1 incentives shall include:
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Florida Senate - 2006 SB 2510
26-1547-06 See HB 261
1 a. Automatic renewal of permit.--A renewal of a permit
2 shall be issued for a period of 5 years and shall, after
3 notice and an opportunity for public comment, be automatically
4 renewed for one additional 5-year term without agency action
5 unless the agency determines, based on information submitted
6 by the applicant or resulting from the public comments or its
7 own records, that the applicant has committed violations
8 during the relevant review period that disqualify the
9 applicant from receiving the automatic or expedited renewal.
10 b. Expedited permit review.--The processing time
11 following receipt of a completed application shall be 45 days
12 for the issuance of the agency action.
13 c. Short-form renewals.--Renewals of permits not
14 involving substantial construction or expansion may be made
15 upon a shortened application form specifying only the changes
16 in the regulated activity or a certification by the applicant
17 that no changes in the regulated activity are proposed if that
18 is the case. Applicants for short-form renewals shall complete
19 and submit the prescribed compliance form with the application
20 and shall remain subject to the compliance history review of
21 this section. All other procedural requirements for renewal
22 applications remain unchanged. This provision shall supplement
23 any expedited review processes found in agency rules.
24 d. Rulemaking.--Within 6 months after the effective
25 date of this section, the agency shall initiate rulemaking to
26 implement Level 1 incentives. The rule shall specify what
27 incentives will be made available, how applicants may qualify
28 for incentives, and how extended permits may be transferred.
29 Until an implementing rule is adopted, Level 1 incentives
30 shall not be available to permit applicants under this
31 section.
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Florida Senate - 2006 SB 2510
26-1547-06 See HB 261
1 (b) Level 2.--
2 1. An applicant shall be entitled to incentives
3 pursuant to this paragraph if the applicant meets the
4 requirements for Level 1 and the applicant takes any other
5 actions not otherwise required by law that result in:
6 a. Reductions in actual or permitted discharges or
7 emissions;
8 b. Reductions in the impacts of regulated activities
9 on public lands or natural resources;
10 c. Waste reduction or reuse;
11 d. Implementation of a voluntary environmental
12 management system; or
13 e. Other similar actions as determined by agency rule.
14 2. Level 2 incentives may include all Level 1
15 incentives and shall also include:
16 a. Ten-year permits, provided the applicant has
17 conducted a regulated activity at the site for at least 5
18 years.
19 b. Fewer routine inspections than other regulated
20 activities similarly situated.
21 c. Expedited review of requests for permit
22 modifications.
23 d. Agency recognition, program-specific incentives, or
24 certifications in lieu of renewal permits.
25 e. No more than two requests for additional
26 information.
27 (c) Rulemaking.--Within 6 months after the effective
28 date of this section, the agency shall initiate rulemaking to
29 implement Level 2 incentives. The rule shall specify what
30 incentives will be made available, how applicants may qualify
31 for incentives, and how extended permits may be transferred.
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Florida Senate - 2006 SB 2510
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1 Until an implementing rule is adopted, Level 2 incentives
2 shall not be available to permit applicants under this
3 section.
4 Section 2. Subsection (5) is added to section 161.041,
5 Florida Statutes, to read:
6 161.041 Permits required.--
7 (5) The Incentive-based Permitting Program provisions
8 of s. 403.0874 shall apply to all permits issued under this
9 chapter.
10 Section 3. Subsection (3) is added to section 373.219,
11 Florida Statutes, to read:
12 373.219 Permits required.--
13 (3) The Incentive-based Permitting Program provisions
14 of s. 403.0874 shall apply to all permits issued under this
15 part.
16 Section 4. Subsection (6) is added to section 373.413,
17 Florida Statutes, to read:
18 373.413 Permits for construction or alteration.--
19 (6) The Incentive-based Permitting Program provisions
20 of s. 403.0874 shall apply to permits issued under this
21 section.
22 Section 5. Subsection (7) of section 403.087, Florida
23 Statutes, is amended to read:
24 403.087 Permits; general issuance; denial; revocation;
25 prohibition; penalty.--
26 (7) A permit issued pursuant to this section shall not
27 become a vested right in the permittee. The department may
28 revoke any permit issued by it if it finds that the
29 permitholder:
30 (a) Has submitted material false or inaccurate
31 information in the his or her application for such permit when
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Florida Senate - 2006 SB 2510
26-1547-06 See HB 261
1 true or accurate information would have warranted denial of
2 the permit initially;
3 (b) Has violated law, department orders, rules, or
4 regulations, or permit conditions directly related to such
5 permit;
6 (c) Has failed to submit operational reports or other
7 information required by department rule or regulation directly
8 related to such permit; or
9 (d) Has refused lawful inspection under s. 403.091 at
10 the facility authorized by such permit.
11 Section 6. This act shall take effect upon becoming a
12 law.
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