HB 7163CS

CHAMBER ACTION



1The State Resources Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
6
A bill to be entitled
7An act relating to environmental permitting; reenacting
8and amending s. 373.4145, F.S.; requiring the Northwest
9Florida Water Management District and the Department of
10Environmental Protection to jointly develop rules for the
11regulation of certain activities related to stormwater
12management systems and the management and storage of
13surface waters; requiring the district and the department
14to streamline federal and state wetland permitting
15programs and to implement such measures; requiring certain
16exemptions and provisions for rules relating to certain
17dwellings; requiring the department and district to
18incorporate certain exemptions and general permits in
19joint rules; exempting certain activities and structures
20from permitting requirements; requiring the department and
21the district to enter into an operating agreement for the
22implementation of certain provisions; requiring the
23district to be responsible for the regulation and local
24delegation of certain activities; providing for continuing
25operation of certain earlier law; repealing certain
26provisions upon the adoption of rules; providing effect
27for failure to fund in any given fiscal year; requiring
28the department to negotiate with local governments in the
29district by a certain date for delegation of
30responsibility for certain permitting; requiring the
31department to report to the Legislature by a certain date;
32providing an appropriation for operational expenses of the
33district; repealing s. 4 of ch. 2005-273, Laws of Florida,
34and s. 32 of ch. 2005-71, Laws of Florida, which specified
35dates certain for the repeal of certain provisions
36relating to permitting in the district; providing an
37effective date.
38
39Be It Enacted by the Legislature of the State of Florida:
40
41     Section 1.  Section 373.4145, Florida Statutes, is
42reenacted and amended to read:
43     373.4145  Interim Part IV permitting program within the
44geographical jurisdiction of for the Northwest Florida Water
45Management District.--
46     (1)  Within the geographical jurisdiction of the Northwest
47Florida Water Management District, taking into consideration the
48differing physical and natural characteristics of the area, the
49department and the district shall the permitting authority of
50the department under this part shall consist solely of the
51following, notwithstanding the rule adoption deadline in s.
52373.414(9):
53     (a)  Jointly develop rules to regulate the construction,
54operation, alteration, maintenance, abandonment, and removal of
55stormwater management systems. The department shall initiate the
56rulemaking process within 60 days after the effective date of
57this act and shall implement the rules no sooner than January 1,
582007; the district may implement the rules without adoption
59pursuant to s. 120.54. Until the stormwater management system
60rules take effect, chapter 62-25 17-25, Florida Administrative
61Code, shall remain in full force and effect, and shall be
62implemented by the department. Notwithstanding the provisions of
63this section, chapter 62-25 17-25, Florida Administrative Code,
64may be amended by the department as necessary to comply with any
65requirements of state or federal laws or regulations, or any
66condition imposed by a federal program, or as a requirement for
67receipt of federal grant funds. The intent of the rules created
68under this paragraph is to update existing stormwater rules, to
69improve water quality and flood protection, and to apply the
70least restrictive measures and criteria adopted in other water
71management district rules.
72     (b)  Jointly develop rules for the management and storage
73of surface waters under this part. The department shall initiate
74the rulemaking process within 60 days after the effective date
75of this act and shall implement the rules no sooner than January
761, 2008; the district may implement the rules without adoption
77pursuant to s. 120.54. Until the rules for the management and
78storage of surface waters under this part take effect, rules
79adopted pursuant to the authority of ss. 403.91-403.929, 1984
80Supplement to the Florida Statutes 1983, as amended, in effect
81prior to July 1, 1994, shall remain in full force and effect,
82and shall be implemented by the department. However, the
83department is authorized to establish additional exemptions and
84general permits for dredging and filling, if such exemptions or
85general permits do not allow significant adverse impacts to
86occur individually or cumulatively. However, for the purpose of
87chapter 62-312 17-312, Florida Administrative Code, the landward
88extent of surface waters of the state identified in rule 62-
89312.030(2) 17-312.030(2), Florida Administrative Code, shall be
90determined in accordance with the methodology in rules 62-
91340.100 through 62-340.600 17-340.100 through 17-340.600,
92Florida Administrative Code, as ratified in s. 373.4211, upon
93the effective date of such ratified methodology. In implementing
94s. 373.421(2), the department shall determine the extent of
95those surface waters and wetlands within the regulatory
96authority of the department as described in this paragraph. At
97the request of the petitioner, the department shall also
98determine the extent of surface waters and wetlands that which
99can be delineated by the methodology ratified in s. 373.4211,
100but that which are not subject to the regulatory authority of
101the department as described in this paragraph. The intent of the
102rules created under this paragraph is to improve the management
103and storage of surface waters with minimal impact on property
104interests and to consider the rural nature, current development
105trends, and abundant natural resources of the district relative
106to the permitting thresholds and requirements.
107     (c)  Pursue streamlining of the federal and state wetland
108permitting programs pursuant to ss. 373.4143 and 373.4144.
109     (d)  Implement, to the maximum extent possible,
110streamlining measures, including electronic permitting, field
111permitting, and certification programs for activities with
112minimal individual or cumulative impact, informal wetland
113determinations, and other similar measures.
114     (2)(c)  The department may implement chapter 40A-4, Florida
115Administrative Code, in effect prior to July 1, 1994, pursuant
116to an interagency agreement with the Northwest Florida Water
117Management District adopted under s. 373.046(4).
118     (3)  The rules adopted under subsection (1), as applicable,
119shall:
120     (a)  Incorporate the exemptions in ss. 373.406 and
121403.813(2).
122     (b)  Incorporate the provisions of rule 62-341.475(1)(f),
123Florida Administrative Code, applicable to single-family homes
124located entirely or partially within wholly owned, isolated
125wetlands.
126     (c)  Exempt from the notice and permitting requirements of
127this part the construction or private use of a single-family
128dwelling unit, duplex, triplex, or quadruplex that:
129     1.  Is not part of a larger common plan of development or
130sale proposed by the applicant.
131     2.  Does not involve wetlands or other surface waters.
132     (d)  Incorporate the exemptions and general permits that
133are effective under this part and have been enacted by rule by
134the department and other water management districts, including
135the general permits authorized by s. 403.814.
136     (e)  Provide an exemption for the repair, stabilization, or
137paving of county maintained roads existing on or before January
1381, 2002, and the repair or replacement of bridges that are part
139of the roadway consistent with the provisions of s.
140403.813(2)(t), notwithstanding the provisions of s.
141403.813(2)(t)7. requiring adoption of a general permit
142applicable within the Northwest Florida Water Management
143District and the repeal of such exemption upon the adoption of a
144general permit.
145     (f)  Exempt from rule criteria under paragraph (1)(b) an
146alteration of a wholly owned, artificial surface water created
147entirely from uplands that does not connect to surface waters of
148the state, except for those created for the purpose of providing
149mitigation under this part.
150     (2)  The authority of the Northwest Florida Water
151Management District to implement this part or to implement any
152authority pursuant to delegation by the department shall not be
153affected by this section. The rule adoption deadline in s.
154373.414(9) shall not apply to said district.
155     (4)(3)  The department and the division of permitting
156responsibilities in s. 373.046(4) shall not apply within the
157geographical jurisdiction of the Northwest Florida Water
158Management District shall enter into an operating agreement
159under s. 373.046 to effectively implement this section and
160provide the district with the amount of responsibility under the
161agreement that resources allow, including, at a minimum, the
162responsibility for regulating silviculture and agriculture. The
163operating agreement shall encourage local delegation of the
164responsibilities under this section pursuant to s. 373.441.
165     (5)  The provisions of s. 373.414(11)-(14) shall not apply
166to rules adopted under this section.
167     (6)  The following activities shall continue to be governed
168by the provisions of s. 373.4145, Florida Statutes 1994:
169     (a)  The operation and routine custodial maintenance of
170activities legally in existence before the effective date of the
171rules adopted under subsection (1), as long as the terms and
172conditions of the permit, exemption, or other authorization for
173such activities continue to be met.
174     (b)  The activities approved in a permit issued pursuant to
175s. 373.4145, Florida Statutes 1994, and the review of activities
176proposed in applications received and completed before the
177effective date of the rules adopted under subsection (1), as
178applicable. This paragraph shall also apply to any modification
179of the plans, terms, and conditions of a permit issued pursuant
180to s. 373.4145, Florida Statutes 1994, that lessens the
181environmental impact, except that any such modification shall
182not extend the time limit for construction beyond 2 additional
183years.
184
185This subsection shall not apply to any activity that is altered,
186modified, expanded, abandoned, or removed after adoption of the
187applicable rules under subsection (1).
188     (7)  Unless the petitioner elects to apply rule 62-340,
189Florida Administrative Code, to all wetlands, the delineation of
190the landward extent of wetlands and other surface waters for
191petitions filed under s. 373.421(2) prior to the effective date
192of the rules adopted under paragraph (1)(b) shall continue to be
193determined in accordance with rule 62-312.030(2), Florida
194Administrative Code, in effect July 1, 1994, and rules 62-
195340.100 through 62-340.600, Florida Administrative Code, as
196ratified in s. 373.4211.
197     (4)  If the United States Environmental Protection Agency
198approves an assumption of the federal program to regulate the
199discharge of dredged or fill material by the department or the
200water management districts, or both, pursuant to s. 404 of the
201Clean Water Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss.
2021251 et seq.; the United States Army Corps of Engineers issues
203one or more state programmatic general permits under the
204referenced statutes; or the United States Environmental
205Protection Agency or the United States Corps of Engineers
206approves any other delegation of regulatory authority under the
207referenced statutes, then the department may implement any
208permitting authority granted in this part within the Northwest
209Florida Water Management District which is prescribed as a
210condition of granting such assumption, general permit, or
211delegation.
212     (8)(5)  Within the geographical jurisdiction of the
213Northwest Florida Water Management District, the methodology for
214determining the landward extent of surface waters of the state
215under chapter 403 in effect prior to the effective date of the
216methodology ratified in s. 373.4211 shall apply to:
217     (a)  Activities permitted under the rules adopted pursuant
218to ss. 403.91-403.929, 1984 Supplement to the Florida Statutes
2191983, as amended, or that which were exempted from regulation
220under such rules, prior to July 1, 1994, and that which were
221permitted under chapter 62-25 17-25, Florida Administrative
222Code, or exempt from chapter 62-25 17-25, Florida Administrative
223Code, prior to July 1, 1994, provided:
224     1.  An activity authorized by such permits is conducted in
225accordance with the plans, terms, and conditions of such
226permits.
227     2.  An activity exempted from the permitting requirements
228of the rules adopted pursuant to ss. 403.91-403.929, 1984
229Supplement to the Florida Statutes 1983, as amended, or chapter
23062-25 17-25, Florida Administrative Code, is:
231     a.  Commenced prior to July 1, 1994, and completed by July
2321, 1999;
233     b.  Conducted in accordance with a plan depicting the
234activity that which has been submitted to and approved for
235construction by the department, the appropriate local
236government, the United States Army Corps of Engineers, or the
237Northwest Florida Water Management District; and
238     c.  Conducted in accordance with the terms of the
239exemption.
240     (b)  An activity within the boundaries of a valid
241jurisdictional declaratory statement issued pursuant to s.
242403.914, 1984 Supplement to the Florida Statutes 1983, as
243amended, or the rules adopted thereunder, in response to a
244petition received prior to June 1, 1994.
245     (c)  Any modification of a permitted or exempt activity as
246described in paragraph (a) that which does not constitute a
247substantial modification or that which lessens the environmental
248impact of such permitted or exempt activity. For the purposes of
249this section, a substantial modification is one that which is
250reasonably expected to lead to substantially different
251environmental impacts.
252     (d)  Applications for activities permitted under the rules
253adopted pursuant to ss. 403.91-403.929, 1984 Supplement to the
2541983 Florida Statutes, as amended, that which were pending on
255June 15, 1994, unless the application elects to have applied the
256delineation methodology ratified in s. 373.4211.
257     (9)  Subsections (2) and (8) are repealed on the effective
258date of the rules adopted under subsection (1).
259     (10)  If the Legislature in any given fiscal year fails to
260fund and staff the environmental resource permitting program
261established under this section, the environmental resource
262permitting program shall be suspended for that fiscal year and
263the rules and statutes governing development activity in the
264district shall revert to those in effect on April 1, 2006, until
265such time as funding and staffing levels are restored consistent
266with this section.
267     (6)  Subsections (1), (2), (3), and (4) shall be repealed
268effective July 1, 2006.
269     Section 2.  On or before October 1, 2006, the Department of
270Environmental Protection shall enter into negotiations with any
271local government within the Northwest Florida Water Management
272District that requests to be delegated the responsibilities
273under this act pursuant to s. 373.441, Florida Statutes, in
274order to minimize duplicative permitting programs and increase
275governmental efficiency while maintaining environmental
276standards. The department shall report to the President of the
277Senate and the Speaker of the House of Representatives by March
2781, 2007, regarding progress made in the negotiation of
279environmental permitting with any local government and
280delegation of responsibilities thereto in accordance with this
281section.
282     Section 3.  The sum of $2,740,000 is appropriated from the
283General Revenue Fund to the Department of Environmental
284Protection for the 2006-2007 fiscal year for the operational
285expenditures of the Northwest Florida Water Management District
286pursuant to s. 373.4145, Florida Statutes, as amended by this
287act.
288     Section 4.  Section 4 of chapter 2005-273, Laws of Florida,
289and section 32 of chapter 2005-71, Laws of Florida, are
290repealed.
291     Section 5.  This act shall take effect July 1, 2006.


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