Senate Bill sb2510c1
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Florida Senate - 2006 CS for SB 2510
By the Committee on Environmental Preservation; and Senator
Haridopolos
592-2445-06
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 and 373.413, F.S.;
14 specifying application of Incentive-based
15 Permitting Program provisions; amending s.
16 403.087, F.S.; revising criteria for department
17 permit issuance to conform; specifying
18 application of the provisions of the
19 Incentive-based Permitting Program to certain
20 permits; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 403.0874, Florida Statutes, is
25 created to read:
26 403.0874 Incentive-based Permitting Program.--
27 (1) SHORT TITLE.--This section may be cited as the
28 "Florida Incentive-based Permitting Act."
29 (2) LEGISLATIVE FINDINGS; PUBLIC PURPOSE.--
30 (a) The Legislature finds and declares that a permit
31 applicant's history of compliance with applicable permit
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1 conditions and requirements and the environmental laws of this
2 state is a factor that should be considered by the agency when
3 the agency is considering whether to issue a new permit or
4 reissue a permit to an applicant, based upon compliance
5 incentives under this section.
6 (b) Permit applicants with a history of compliance
7 with applicable permit conditions and requirements and the
8 environmental laws of this state should be eligible for new
9 permits at a new site, longer duration permits, expedited
10 permit reviews, short-form permit renewals, and other
11 incentives to reward and encourage such applicants.
12 (c) The agency is encouraged to work with permittees
13 and permit applicants to encourage compliance and avoid
14 burdensome and expensive consequences of noncompliance.
15 (d) It is therefore declared to be the purpose of this
16 section to provide the agency with clear and specific
17 authority to consider the compliance history of a permit
18 applicant who has applied for an incentive-based permit.
19 (3) DEFINITIONS.--For purposes of this section:
20 (a) "Agency" means the Department of Environmental
21 Protection.
22 (b) "Applicant" means the proposed permittee or
23 transferee, owner, or operator of a regulated activity seeking
24 an agency permit. However, the term does not include a
25 subsidiary of or an affiliate of an entity that has a history
26 of noncompliance for any regulated activity.
27 (c) "Environmental laws" means any state or federal
28 law that regulates activities for the purpose of protecting
29 the environment, or for the purpose of protecting the public
30 health from pollution or contaminants, but does not include
31 any law that regulates activities for the purpose of zoning,
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Florida Senate - 2006 CS for SB 2510
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1 growth management, or land use. The term includes, but is not
2 limited to, chapter 161, part IV of chapter 373, and chapter
3 403.
4 (d) "Regulated activity" means any activity,
5 including, but not limited to, the construction or operation
6 of a facility, installation, system, or project, for which a
7 permit or certification is required by law.
8 (e) "Site" means a single parcel, or multiple
9 contiguous or adjacent parcels, of land on which the applicant
10 proposes to conduct, or has conducted, a regulated activity.
11 (4) COMPLIANCE INCENTIVES.--In order to obtain
12 compliance incentives, the applicant must affirmatively
13 request such incentives as part of the permit application.
14 Unless otherwise prohibited by state or federal law, agency
15 rule, or federal regulation, and provided the applicant meets
16 all other applicable criteria for the issuance of a permit,
17 any applicant who meets the criteria set forth in this
18 subsection is entitled to the following incentives:
19 (a) Level 1 incentives criteria; application for a new
20 permit; rulemaking.--
21 1. An applicant shall be entitled to incentives if the
22 activity is a new regulated activity and the applicant
23 conducted a similar regulated activity under an agency permit
24 for at least 4 of the 5 years at a different site in this
25 state preceding submittal of the permit application. However,
26 an applicant shall not be entitled to incentives under this
27 paragraph if the applicant has a relevant compliance history
28 for a similar regulated activity that includes any violation
29 that resulted in enforcement action. If the applicant has
30 alleged violations at a different site that may result in
31 enforcement action and the alleged violations may result in
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1 the potential for harm to human health or the environment, the
2 applicant shall not be entitled to incentives under this
3 paragraph. However, when pending alleged violations that
4 eliminate an applicant from receiving incentives under this
5 paragraph are disposed of and the applicant was found not to
6 have committed the alleged violation, incentives shall be
7 available to the applicant. Alleged minor violations shall not
8 be considered under this paragraph.
9 2. Level 1 incentives shall include:
10 a. Expedited permit review.--The processing time
11 following receipt of a completed application shall be 75 days
12 for the issuance of the agency action.
13 b. Extended permits.--Permits may be extended for 7
14 years, provided the applicant has conducted a similar
15 regulated activity at a site for 4 of the last 5 years.
16 3. Within 6 months after the effective date of this
17 section, the agency shall initiate rulemaking to implement
18 Level 1 incentives. The rule shall specify what incentives
19 will be made available, how applicants may qualify for
20 incentives, and how extended permits may be transferred. Until
21 an implementing rule is adopted, Level 1 incentives shall not
22 be available to permit applicants under this section.
23 (b) Level 2 incentives criteria; application for
24 permit renewal; rulemaking.--
25 1. An applicant for a renewal of a permit shall be
26 entitled to incentives pursuant to this paragraph if the
27 applicant conducted a regulated activity at the site in this
28 state for at least 4 of the last 5 years preceding submittal
29 of an application for renewal. An applicant shall not be
30 entitled to incentives under this paragraph if the applicant
31 has a relevant compliance history at the site that includes
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1 any violation that resulted in enforcement action. If the
2 applicant has alleged violations at the site that may result
3 in enforcement action and the alleged violations may result in
4 the potential for harm to human health or the environment, the
5 applicant shall not be entitled to incentives under this
6 paragraph. However, when pending alleged violations that
7 eliminate an applicant from receiving incentives under this
8 paragraph are disposed of and the applicant was found not to
9 have committed the alleged violation, incentives shall be
10 available to the applicant. Alleged minor violations shall not
11 be considered under this paragraph. In addition, an applicant
12 for the renewal of a permit shall be entitled to incentives
13 pursuant to this paragraph if the applicant takes any other
14 actions not otherwise required by law that at the site result
15 in:
16 a. Beneficial reductions in actual or permitted
17 discharges or emissions;
18 b. Beneficial reductions in the impacts of regulated
19 activities on public lands or natural resources;
20 c. Beneficial waste reduction or the reuse of waste
21 generated at the site;
22 d. Implementation of a voluntary environmental
23 management system; or
24 e. Other similar actions as determined by agency rule.
25 2. Level 2 incentives shall include:
26 a. Ten-year permits, provided the applicant has
27 conducted a regulated activity at the site for at least 5
28 years.
29 b. Fewer routine inspections than other regulated
30 activities similarly situated.
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1 c. Short form renewals of permits not involving
2 substantial modifications which may be made upon a shortened
3 application form specifying only the changes in the regulated
4 activity or a certification by the applicant that no changes
5 in the regulated activity are proposed if that is the case.
6 Applicants for short form renewals shall complete and submit
7 the prescribed compliance form with the application and shall
8 remain subject to the compliance history review of this
9 section. All other procedure requirements for renewal
10 applications apply. This provision shall supplement any
11 expedited review process provided by agency rules.
12 d. Expedited review of requests for permit
13 modifications.
14 e. Agency recognition, program-specific incentives, or
15 certifications in lieu of renewal permits.
16 f. No more than two requests for additional
17 information.
18 3. Within 6 months after the effective date of this
19 section, the agency shall initiate rulemaking to implement
20 Level 2 incentives. The rule shall specify what incentives
21 will be made available, how applicants may qualify for
22 incentives, and how extended permits may be transferred. Until
23 an implementing rule is adopted, Level 2 incentives shall not
24 be available to permit applicants under this section.
25 Section 2. Subsection (5) is added to section 161.041,
26 Florida Statutes, to read:
27 161.041 Permits required.--
28 (5) The provisions of the Incentive-based Permitting
29 Program in s. 403.0874 shall apply to all permits issued under
30 this chapter.
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1 Section 3. Subsection (6) is added to section 373.413,
2 Florida Statutes, to read:
3 373.413 Permits for construction or alteration.--
4 (6) The provisions of the Incentive-based Permitting
5 Program in s. 403.0874 shall apply to permits issued under
6 this section.
7 Section 4. Subsection (7) of section 403.087, Florida
8 Statutes, is amended, and subsection (10) is added to that
9 section, to read:
10 403.087 Permits; general issuance; denial; revocation;
11 prohibition; penalty.--
12 (7) A permit issued pursuant to this section shall not
13 become a vested right in the permittee. The department may
14 revoke any permit issued by it if it finds that the
15 permitholder:
16 (a) Has submitted material false or inaccurate
17 information in the his or her application for such permit;
18 (b) Has violated law, department orders, rules, or
19 regulations, or permit conditions directly related to such
20 permit;
21 (c) Has failed to submit operational reports or other
22 information required by department rule or regulation directly
23 related to such permit; or
24 (d) Has refused lawful inspection under s. 403.091 at
25 the facility authorized by such permit.
26 (10) The provisions of the Incentive-based Permitting
27 Program in s. 403.0874 shall apply to permits issued under
28 this chapter.
29 Section 5. This act shall take effect upon becoming a
30 law.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2510
3
4 The committee substitute provides that the Level 1 incentives
are limited to a new regulated activity. Provides that the
5 Level 1 incentives may provide for an expedited review. The
DEP has 75 days to process a completed application for the
6 incentives. Provides that a permit may be extended for 7 years
if the applicant has conducted a similar activity at a site
7 for 4 of the last 5 years.
8 Level 2 incentives are available for permit renewals if the
applicant conducted a regulated activity at the site in this
9 state for 4 of the last 5 years preceding submittal of an
application for renewal. An applicant for Level 2 incentives
10 is entitled to the incentives if the applicant takes any
actions not otherwise required by law that: reduce actual or
11 permitted discharges or emissions; reduce the impacts of the
the regulated activities on public lands or natural resources;
12 reduce waste or reuse waste generated at the site; or
implement a voluntary environmental management system.
13
Level 2 incentives include 10-year permits; fewer routine
14 inspections; short form renewals; expedited review for permit
modifications; and agency recognition, program-specific
15 incentives or certification in lieu of renewal permits.
16 The incentive-based permitting program also applies to permits
for certain coastal construction activities, stormwater
17 management permits, and permits issued under ch. 403, F.S.
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