Senate Bill sb2054c1

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    Florida Senate - 2007                           CS for SB 2054

    By the Committee on Environmental Preservation and
    Conservation




    592-2169-07

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Environmental Protection; amending s. 258.007,

  4         F.S.; providing that certain violations in a

  5         state park are civil infractions; amending s.

  6         316.212, F.S.; allowing the operation of golf

  7         carts on roads within the state park system

  8         under certain conditions; amending s. 373.4142,

  9         F.S.; providing statewide consistency for water

10         quality standards in the Northwest Florida

11         Water Management District; amending s. 373.414,

12         F.S.; providing that certain variance

13         provisions apply in the Northwest Florida Water

14         Management District; amending s. 373.4211,

15         F.S.; ratifying the wetland rule and amending

16         it to include certain plant species approved by

17         the Environmental Regulation Commission;

18         providing for delay of the ratification until

19         certain conditions are met; amending s.

20         403.031, F.S.; conforming the definition of the

21         term "regulated air pollutant" to changes made

22         in the federal Clean Air Act; amending s.

23         403.067, F.S.; providing for the trading of

24         water quality credits in the total maximum

25         daily load program in areas that have adopted a

26         basin action plan; providing for rules and

27         specifying what the rules must address;

28         amending s. 403.0872, F.S.; conforming the

29         requirements for air operation permits to

30         changes made to Title V of the Clean Air Act to

31         delete certain minor sources from the Title V

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 1         permitting requirements; amending s. 403.088,

 2         F.S.; providing for the revision of water

 3         pollution operation permits; amending s.

 4         403.50663, F.S.; clarifying certain notice

 5         requirements; amending s. 403.50665, F.S.;

 6         providing for a local government to issue a

 7         statement of inconsistency with existing land

 8         use plans and zoning ordinances due to

 9         incompleteness of information necessary for an

10         evaluation; amending s. 403.508, F.S.;

11         clarifying certain hearing requirements for

12         land use and certification hearings; amending

13         s. 403.509, F.S.; clarifying certain provisions

14         relating to certifications issued by the

15         Department of Environmental Protection;

16         amending s. 403.5113, F.S.; providing technical

17         corrections to provisions requiring

18         postcertification amendments and review;

19         amending s. 403.5115, F.S.; clarifying certain

20         public-notice requirements; amending s.

21         403.5252, F.S.; clarifying provisions relating

22         to the determination of completeness of an

23         application for an electric transmission line;

24         amending s. 403.527, F.S.; clarifying the time

25         under which the department or the applicant may

26         request the cancellation of a certification

27         hearing for a proposed transmission line;

28         amending s. 403.5271, F.S.; clarifying the

29         responsibilities of reviewing agencies to

30         review the completeness of an application;

31         amending s. 403.5317, F.S.; clarifying the

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 1         provisions relating to a change in the

 2         condition of a certification; amending s.

 3         403.5363, F.S.; providing that notice of a

 4         cancellation of a certification hearing must be

 5         within a certain time; amending s. 403.861,

 6         F.S.; requiring fire hydrants to have a device

 7         installed that prevents the contamination of

 8         the water supply; repealing ch. 325, F.S.,

 9         consisting of ss. 325.2055, 325.221, 325.222,

10         and 325.223, F.S., relating to motor vehicle

11         air conditioning refrigerants; repealing s.

12         403.0875, F.S., relating to citrus juice

13         processing facilities; repealing s.

14         373.459(6)(e), F.S.; abrogating the repeal of

15         certain water management district requirements

16         for matching funds; providing an effective

17         date.

18  

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

20  

21         Section 1.  Section 258.007, Florida Statutes, is

22  amended to read:

23         258.007  Powers of division.--

24         (1)  The Division of Recreation and Parks shall have

25  power to acquire in the name of the state any property, real

26  or personal, by purchase, grant, devise, condemnation,

27  donation, or otherwise, which in its judgment may be necessary

28  or proper toward the administration of the purposes of this

29  chapter; however, no property of any nature may be acquired by

30  purchase, lease, grant, donation, devise, or otherwise, under

31  conditions which shall pledge the credit of, or obligate in

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 1  any manner whatsoever, the state to pay any sum of money, and

 2  the power of condemnation as herein granted is limited to the

 3  acquisition of property or property rights which may be

 4  required for state park purposes for parks under the

 5  jurisdiction of the Division of Recreation and Parks on July

 6  1, 1980.  Acquisition of such property or property rights

 7  shall not exceed an aggregate of 40 acres or 10 percent of the

 8  total acreage of the respective park as it existed on July 1,

 9  1980, whichever is less, and shall be restricted to properties

10  wholly surrounded by state park property at the time of

11  acquisition.  Express legislative approval is required for the

12  acquisition by condemnation of any new area or memorial which

13  the division may desire for the purposes set forth in this

14  chapter, except that the division may maintain and insure with

15  the State Risk Management Trust Fund buildings on property

16  owned by the state or any of its agencies.

17         (2)  The division has authority to adopt rules pursuant

18  to ss. 120.536(1) and 120.54 to implement provisions of law

19  conferring duties on it, and the violation of any rule

20  authorized by this subsection section shall be a misdemeanor

21  and punishable as follows: accordingly.

22         (a)  Except as provided in paragraph (b), any person

23  who violates or otherwise fails to comply with rules adopted

24  under this subsection commits a noncriminal infraction for

25  which ejection from all property managed by the division and a

26  fine of up to $1,000 may be imposed by the division.

27         (b)  Unless such activity has been specifically

28  permitted by the division, any person who is in violation of

29  any of the following commits a misdemeanor of the second

30  degree, punishable as provided in s. 775.082 or s. 775.083,

31  

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 1  and shall be ejected from all property managed by the

 2  division:

 3         1.  Cutting, carving, injuring, mutilating, moving,

 4  displacing, or breaking off any water-bottom formation or

 5  coral within the boundaries of a state park.

 6         2.  Capturing, trapping, injuring, or harassing wild

 7  animals within the boundaries of a state park.

 8         3.  Collecting plant or animal specimens within the

 9  boundaries of a state park.

10         4.  Leaving the designated public roads with a vehicle

11  within the boundaries of a state park.

12         5.  Hunting within the boundaries of a state park.

13         6.  Failing to sign a citation given under paragraph

14  (a), failing to appear in court in response to a citation, or

15  failing to comply with the court's order.

16         (3)  The division may grant privileges, leases,

17  concessions, and permits for the use of land for the

18  accommodation of visitors in the various parks, monuments, and

19  memorials, provided no natural curiosities or objects of

20  interest shall be granted, leased, or rented on such terms as

21  shall deny or interfere with free access to them by the

22  public; provided further, such grants, leases, and permits may

23  be made and given without advertisement or securing

24  competitive bids; and provided further, that no such grant,

25  lease, or permit shall be assigned or transferred by any

26  grantee without consent of the division.

27         (4)  The division is authorized to grant easements for

28  rights-of-way over, across, and upon lands of the state for

29  the maintenance of poles and lines for the transmission and

30  distribution of electrical power and for telephone and

31  

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 1  telegraphic purposes, under such conditions and with such

 2  limitations as the division may impose.

 3         (5)(a)  The division, in cooperation with the Division

 4  of Historical Resources of the Department of State, is

 5  authorized and empowered to select and designate, within the

 6  state park system, sites of historic interest and value and to

 7  erect and maintain appropriate signs or markers indicating

 8  said sites upon public property as well as upon private

 9  property where permission is obtained.

10         (b)  The division is authorized to receive gifts and

11  donations from any source to carry out the purpose of this

12  section.

13         Section 2.  Section 316.212, Florida Statutes, is

14  amended to read:

15         316.212  Operation of golf carts on certain

16  roadways.--The operation of a golf cart upon the public roads

17  or streets of this state is prohibited except as provided

18  herein:

19         (1)  A golf cart may be operated only upon a county

20  road that has been designated by a county, or a municipal

21  street that has been designated by a municipality, for use by

22  golf carts. Prior to making such a designation, the

23  responsible local governmental entity must first determine

24  that golf carts may safely travel on or cross the public road

25  or street, considering factors including the speed, volume,

26  and character of motor vehicle traffic using the road or

27  street. Upon a determination that golf carts may be safely

28  operated on a designated road or street, the responsible

29  governmental entity shall post appropriate signs to indicate

30  that such operation is allowed.

31  

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 1         (2)  A golf cart may be operated on a part of the State

 2  Highway System only under the following conditions:

 3         (a)  To cross a portion of the State Highway System

 4  which intersects a county road or municipal street that has

 5  been designated for use by golf carts if the Department of

 6  Transportation has reviewed and approved the location and

 7  design of the crossing and any traffic control devices needed

 8  for safety purposes.

 9         (b)  To cross, at midblock, a part of the State Highway

10  System where a golf course is constructed on both sides of the

11  highway if the Department of Transportation has reviewed and

12  approved the location and design of the crossing and any

13  traffic control devices needed for safety purposes.

14         (c)  A golf cart may be operated on a state road that

15  has been designated for transfer to a local government unit

16  pursuant to s. 335.0415 if the Department of Transportation

17  determines that the operation of a golf cart within the

18  right-of-way of the road will not impede the safe and

19  efficient flow of motor vehicular traffic. The department may

20  authorize the operation of golf carts on such a road if:

21         1.  The road is the only available public road along

22  which golf carts may travel or cross or the road provides the

23  safest travel route among alternative routes available; and

24         2.  The speed, volume, and character of motor vehicular

25  traffic using the road is considered in making such a

26  determination.

27  

28  Upon its determination that golf carts may be operated on a

29  given road, the department shall post appropriate signs on the

30  road to indicate that such operation is allowed.

31  

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 1         (3)  Any other provision of this section to the

 2  contrary notwithstanding, a golf cart may be operated for the

 3  purpose of crossing a street or highway where a single mobile

 4  home park is located on both sides of the street or highway

 5  and is divided by that street or highway, provided that the

 6  governmental entity having original jurisdiction over such

 7  street or highway shall review and approve the location of the

 8  crossing and require implementation of any traffic controls

 9  needed for safety purposes. This subsection shall apply only

10  to residents or guests of the mobile home park. Any other

11  provision of law to the contrary notwithstanding, if notice is

12  posted at the entrance and exit to any mobile home park that

13  residents of the park utilize golf carts or electric vehicles

14  within the confines of the park it shall not be necessary that

15  the park have a gate or other device at the entrance and exit

16  in order for such golf carts or electric vehicles to be

17  lawfully operated in the park.

18         (4)  Notwithstanding any other provisions of this

19  section, a golf cart may be operated on a road that is part of

20  the State Park Road System and where the posted speed limit is

21  35 miles per hour or less, and where not otherwise prohibited

22  by the Division of Recreation and Parks of the Department of

23  Environmental Protection.

24         (5)(4)  A golf cart may be operated only during the

25  hours between sunrise and sunset, unless the responsible

26  governmental entity has determined that a golf cart may be

27  operated during the hours between sunset and sunrise and the

28  golf cart is equipped with headlights, brake lights, turn

29  signals, and a windshield.

30         (6)(5)  A golf cart must be equipped with efficient

31  brakes, reliable steering apparatus, safe tires, a rearview

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 1  mirror, and red reflectorized warning devices in both the

 2  front and rear.

 3         (7)(6)  A golf cart may not be operated on public roads

 4  or streets by any person under the age of 14.

 5         (8)(7)  A local governmental entity may enact an

 6  ordinance regarding golf cart operation and equipment which is

 7  more restrictive than those enumerated in this section. Upon

 8  enactment of any such ordinance, the local governmental entity

 9  shall post appropriate signs or otherwise inform the residents

10  that such an ordinance exists and that it shall be enforced

11  within the local government's jurisdictional territory. An

12  ordinance referred to in this section must apply only to an

13  unlicensed driver.

14         (9)(8)  A violation of this section is a noncriminal

15  traffic infraction, punishable pursuant to chapter 318 as a

16  moving violation for infractions of subsection (1), subsection

17  (2), subsection (3), subsection (5) (4), or a local ordinance

18  corresponding thereto and enacted pursuant to subsection (8)

19  (7), or punishable pursuant to chapter 318 as a nonmoving

20  violation for infractions of subsection (6) (5), subsection

21  (7) (6), or a local ordinance corresponding thereto and

22  enacted pursuant to subsection (8) (7).

23         Section 3.  Section 373.4142, Florida Statutes, is

24  amended to read:

25         373.4142  Water quality within stormwater treatment

26  systems.--State surface water quality standards applicable to

27  waters of the state, as defined in s. 403.031(13), shall not

28  apply within a stormwater management system which is designed,

29  constructed, operated, and maintained for stormwater treatment

30  in accordance with a valid permit or noticed exemption issued

31  pursuant to chapter 62-25 17-25, Florida Administrative Code;

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 1  a valid permit or exemption under s. 373.4145 within the

 2  Northwest Florida Water Management District; a valid permit

 3  issued on or subsequent to April 1, 1986, within the Suwannee

 4  River Water Management District or the St. Johns River Water

 5  Management District pursuant to this part; a valid permit

 6  issued on or subsequent to March 1, 1988, within the Southwest

 7  Florida Water Management District pursuant to this part; or a

 8  valid permit issued on or subsequent to January 6, 1982,

 9  within the South Florida Water Management District pursuant to

10  this part. Such inapplicability of state water quality

11  standards shall be limited to that part of the stormwater

12  management system located upstream of a manmade water control

13  structure permitted, or approved under a noticed exemption, to

14  retain or detain stormwater runoff in order to provide

15  treatment of the stormwater. The additional use of such a

16  stormwater management system for flood attenuation or

17  irrigation shall not divest the system of the benefits of this

18  exemption. This section shall not affect the authority of the

19  department and water management districts to require

20  reasonable assurance that the water quality within such

21  stormwater management systems will not adversely impact public

22  health, fish and wildlife, or adjacent waters.

23         Section 4.  Subsection (17) of section 373.414, Florida

24  Statutes, is amended to read:

25         373.414  Additional criteria for activities in surface

26  waters and wetlands.--

27         (17)  The variance provisions of s. 403.201 are

28  applicable to the provisions of this section or any rule

29  adopted pursuant hereto.  The governing boards and the

30  department are authorized to review and take final agency

31  

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 1  action on petitions requesting such variances for those

 2  activities they regulate under this part and s. 373.4145.

 3         Section 5.  Subsection (27) is added to section

 4  373.4211, Florida Statutes, to read:

 5         373.4211  Ratification of chapter 17-340, Florida

 6  Administrative Code, on the delineation of the landward extent

 7  of wetlands and surface waters.--Pursuant to s. 373.421, the

 8  Legislature ratifies chapter 17-340, Florida Administrative

 9  Code, approved on January 13, 1994, by the Environmental

10  Regulation Commission, with the following changes:

11         (27)  Pursuant to s. 373.421 and subsection (26), the

12  Legislature ratifies amendments to chapter 62-340, Florida

13  Administrative Code, approved on February 23, 2006, by the

14  Environmental Regulation Commission. Rule 62-340.450(3)

15  Facultative Species is amended by the addition of the

16  following plant species: Ilex glabra and Pinus elliottii.

17  However, this ratification and rule revision does not take

18  effect until state and federal wetland jurisdiction

19  delineation methodologies are aligned.

20         Section 6.  Subsection (19) of section 403.031, Florida

21  Statutes, is amended to read:

22         403.031  Definitions.--In construing this chapter, or

23  rules and regulations adopted pursuant hereto, the following

24  words, phrases, or terms, unless the context otherwise

25  indicates, have the following meanings:

26         (19)  "Regulated air pollutant" means any pollutant

27  regulated under the federal Clean Air Act.:

28         (a)  Nitrogen oxides or any volatile organic compound;

29         (b)  Any pollutant regulated under 42 U.S.C. s. 7411 or

30  s. 7412; or

31  

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 1         (c)  Any pollutant for which a national primary ambient

 2  air quality standard has been adopted.

 3         Section 7.  Subsections (7) and (8) of section 403.067,

 4  Florida Statutes, are amended to read:

 5         403.067  Establishment and implementation of total

 6  maximum daily loads.--

 7         (7)  DEVELOPMENT OF BASIN MANAGEMENT PLANS AND

 8  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--

 9         (a)  Basin management action plans.--

10         1.  In developing and implementing the total maximum

11  daily load for a water body, the department, or the department

12  in conjunction with a water management district, may develop a

13  basin management action plan that addresses some or all of the

14  watersheds and basins tributary to the water body. Such a plan

15  must shall integrate the appropriate management strategies

16  available to the state through existing water quality

17  protection programs to achieve the total maximum daily loads

18  and may provide for phased implementation of these management

19  strategies to promote timely, cost-effective actions as

20  provided for in s. 403.151. The plan must shall establish a

21  schedule for implementing the management strategies, establish

22  a basis for evaluating the plan's effectiveness, and identify

23  feasible funding strategies for implementing the plan's

24  management strategies. The management strategies may include

25  regional treatment systems or other public works, where

26  appropriate, and voluntary trading of water quality credits in

27  areas that have adopted a basin management action plan to

28  achieve the needed pollutant load reductions.

29         2.  A basin management action plan must shall equitably

30  allocate, pursuant to paragraph (6)(b), pollutant reductions

31  to individual basins, as a whole to all basins, or to each

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 1  identified point source or category of nonpoint sources, as

 2  appropriate. For nonpoint sources for which best management

 3  practices have been adopted, the initial requirement specified

 4  by the plan must shall be those practices developed pursuant

 5  to paragraph (c). In accordance with procedures adopted by

 6  rule under paragraph (8)(c), the plan must allow point or

 7  nonpoint sources that will achieve greater pollutant

 8  reductions than required by an adopted total maximum load or

 9  wasteload allocation to generate, register, and trade water

10  quality credits for the excess reductions to enable other

11  sources to achieve their allocation if the generation of water

12  quality credits does not remove the obligation of a source or

13  activity to meet applicable technology requirements or adopted

14  best-management practices. The plan must allow trading between

15  NPDES permittees and trading that may or may not involve NPDES

16  permittees, where the generation or use of the credits involve

17  an entity or activity not subject to department water

18  discharge permits whose owner voluntarily elects to become

19  subject to the requirements of this section. Where

20  appropriate, the plan may take into account the benefits of

21  provide pollutant load reduction achieved by point or nonpoint

22  sources credits to dischargers that have implemented

23  management strategies to reduce pollutant loads, including

24  best management practices, prior to the development of the

25  basin management action plan. The plan must shall also

26  identify the mechanisms that will address by which potential

27  future increases in pollutant loading will be addressed.

28         3.  The basin management action planning process is

29  intended to involve the broadest possible range of interested

30  parties, with the objective of encouraging the greatest amount

31  of cooperation and consensus possible. In developing a basin

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 1  management action plan, the department shall assure that key

 2  stakeholders, including, but not limited to, applicable local

 3  governments, water management districts, the Department of

 4  Agriculture and Consumer Services, other appropriate state

 5  agencies, local soil and water conservation districts,

 6  environmental groups, regulated interests, and affected

 7  pollution sources, are invited to participate in the process.

 8  The department shall hold at least one public meeting in the

 9  vicinity of the watershed or basin to discuss and receive

10  comments during the planning process and shall otherwise

11  encourage public participation to the greatest practicable

12  extent. Notice of the public meeting must shall be published

13  in a newspaper of general circulation in each county in which

14  the watershed or basin lies not less than 5 days nor more than

15  15 days before the public meeting. A basin management action

16  plan may shall not supplant or otherwise alter any assessment

17  made under subsection (3) or subsection (4) or any calculation

18  or initial allocation.

19         4.  The department shall adopt all or any part of a

20  basin management action plan and any amendment to such plan by

21  secretarial order pursuant to chapter 120 to implement the

22  provisions of this section.

23         5.  The basin management action plan must shall include

24  milestones for implementation and water quality improvement,

25  and an associated water quality monitoring component

26  sufficient to evaluate whether reasonable progress in

27  pollutant load reductions is being achieved over time. An

28  assessment of progress toward these milestones must shall be

29  conducted every 5 years, and revisions to the plan must shall

30  be made as appropriate. Revisions to the basin management

31  action plan shall be made by the department in cooperation

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 1  with basin stakeholders. Revisions to the management

 2  strategies required for nonpoint sources must shall follow the

 3  procedures set forth in subparagraph (c)4. Revised basin

 4  management action plans must shall be adopted pursuant to

 5  subparagraph 4.

 6         6.  The provisions of the department's rule relating to

 7  the equitable abatement of pollutants into surface waters may

 8  not be applied to water bodies or water body segments for

 9  which a basin management plan that takes into account future

10  new or expanded activities or discharges has been adopted

11  pursuant to this section.

12         (b)  Total maximum daily load implementation.--

13         1.  The department shall be the lead agency in

14  coordinating the implementation of the total maximum daily

15  loads through existing water quality protection programs.

16  Application of a total maximum daily load by a water

17  management district must shall be consistent with this section

18  and may shall not require the issuance of an order or a

19  separate action pursuant to s. 120.536(1) or s. 120.54 for the

20  adoption of the calculation and allocation previously

21  established by the department. Such programs may include, but

22  are not limited to:

23         a.  Permitting and other existing regulatory programs,

24  including water-quality-based effluent limitations;

25         b.  Nonregulatory and incentive-based programs,

26  including best management practices, cost sharing, waste

27  minimization, pollution prevention, agreements established

28  pursuant to s. 403.061(21), and public education;

29         c.  Other water quality management and restoration

30  activities, for example surface water improvement and

31  management plans approved by water management districts or

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 1  basin management action plans developed pursuant to this

 2  subsection;

 3         d.  Trading of water quality credits Pollutant trading

 4  or other equitable economically based agreements;

 5         e.  Public works including capital facilities; or

 6         f.  Land acquisition.

 7         2.  For a basin management action plan adopted pursuant

 8  to paragraph (a) subparagraph (a)4., any management strategies

 9  and pollutant reduction requirements associated with a

10  pollutant of concern for which a total maximum daily load has

11  been developed, including effluent limits set forth for a

12  discharger subject to NPDES permitting, if any, must shall be

13  included in a timely manner in subsequent NPDES permits or

14  permit modifications for that discharger. The department may

15  shall not impose limits or conditions implementing an adopted

16  total maximum daily load in an NPDES permit until the permit

17  expires, the discharge is modified, or the permit is reopened

18  pursuant to an adopted basin management action plan.

19         a.  Absent a detailed allocation, total maximum daily

20  loads must shall be implemented through NPDES permit

21  conditions that provide for afford a compliance schedule. In

22  such instances, a facility's NPDES permit must shall allow

23  time for the issuance of an order adopting the basin

24  management action plan. The time allowed for the issuance of

25  an order adopting the plan must shall not exceed 5 years. Upon

26  issuance of an order adopting the plan, the permit must shall

27  be reopened, as necessary, and permit conditions consistent

28  with the plan must shall be established.  Notwithstanding the

29  other provisions of this subparagraph, upon request by a NPDES

30  permittee, the department as part of a permit issuance,

31  

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 1  renewal, or modification may establish individual allocations

 2  prior to the adoption of a basin management action plan.

 3         b.  For holders of NPDES municipal separate storm sewer

 4  system permits and other stormwater sources, implementation of

 5  a total maximum daily load or basin management action plan

 6  must shall be achieved, to the maximum extent practicable,

 7  through the use of best management practices or other

 8  management measures.

 9         c.  The basin management action plan does not relieve

10  the discharger from any requirement to obtain, renew, or

11  modify an NPDES permit or to abide by other requirements of

12  the permit.

13         d.  Management strategies set forth in a basin

14  management action plan to be implemented by a discharger

15  subject to permitting by the department must shall be

16  completed pursuant to the schedule set forth in the basin

17  management action plan. This implementation schedule may

18  extend beyond the 5-year term of an NPDES permit.

19         e.  Management strategies and pollution reduction

20  requirements set forth in a basin management action plan for a

21  specific pollutant of concern may shall not be subject to

22  challenge under chapter 120 at the time they are incorporated,

23  in an identical form, into a subsequent NPDES permit or permit

24  modification.

25         f.  For nonagricultural pollutant sources not subject

26  to NPDES permitting but permitted pursuant to other state,

27  regional, or local water quality programs, the pollutant

28  reduction actions adopted in a basin management action plan

29  must shall be implemented to the maximum extent practicable as

30  part of those permitting programs.

31  

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 1         g.  A nonpoint source discharger included in a basin

 2  management action plan must shall demonstrate compliance with

 3  the pollutant reductions established under pursuant to

 4  subsection (6) by either implementing the appropriate best

 5  management practices established pursuant to paragraph (c) or

 6  conducting water quality monitoring prescribed by the

 7  department or a water management district.

 8         h.  A nonpoint source discharger included in a basin

 9  management action plan may be subject to enforcement action by

10  the department or a water management district based upon a

11  failure to implement the responsibilities set forth in

12  sub-subparagraph g.

13         i.  A landowner, discharger, or other responsible

14  person who is implementing applicable management strategies

15  specified in an adopted basin management action plan may shall

16  not be required by permit, enforcement action, or otherwise to

17  implement additional management strategies to reduce pollutant

18  loads to attain the pollutant reductions established pursuant

19  to subsection (6) and must shall be deemed to be in compliance

20  with this section. This subparagraph does not limit the

21  authority of the department to amend a basin management action

22  plan as specified in subparagraph (a)5.

23         (c)  Best management practices.--

24         1.  The department, in cooperation with the water

25  management districts and other interested parties, as

26  appropriate, may develop suitable interim measures, best

27  management practices, or other measures necessary to achieve

28  the level of pollution reduction established by the department

29  for nonagricultural nonpoint pollutant sources in allocations

30  developed pursuant to subsection (6) and this subsection.

31  These practices and measures may be adopted by rule by the

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 1  department and the water management districts pursuant to ss.

 2  120.536(1) and 120.54, and, where adopted by rule, shall be

 3  implemented by those parties responsible for nonagricultural

 4  nonpoint source pollution.

 5         2.  The Department of Agriculture and Consumer Services

 6  may develop and adopt by rule pursuant to ss. 120.536(1) and

 7  120.54 suitable interim measures, best management practices,

 8  or other measures necessary to achieve the level of pollution

 9  reduction established by the department for agricultural

10  pollutant sources in allocations developed pursuant to

11  subsection (6) and this subsection or for programs implemented

12  pursuant to paragraph (11)(b). These practices and measures

13  may be implemented by those parties responsible for

14  agricultural pollutant sources and the department, the water

15  management districts, and the Department of Agriculture and

16  Consumer Services must shall assist with implementation. In

17  the process of developing and adopting rules for interim

18  measures, best management practices, or other measures, the

19  Department of Agriculture and Consumer Services shall consult

20  with the department, the Department of Health, the water

21  management districts, representatives from affected farming

22  groups, and environmental group representatives. Such rules

23  must shall also incorporate provisions for a notice of intent

24  to implement the practices and a system to assure the

25  implementation of the practices, including recordkeeping

26  requirements.

27         3.  Where interim measures, best management practices,

28  or other measures are adopted by rule, the effectiveness of

29  such practices in achieving the levels of pollution reduction

30  established in allocations developed by the department

31  pursuant to subsection (6) and this subsection or in programs

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 1  implemented pursuant to paragraph (11)(b) must shall be

 2  verified at representative sites by the department. The

 3  department must shall use best professional judgment in making

 4  the initial verification that the best management practices

 5  are reasonably expected to be effective and, where applicable,

 6  must shall notify the appropriate water management district or

 7  the Department of Agriculture and Consumer Services of its

 8  initial verification prior to the adoption of a rule proposed

 9  pursuant to this paragraph. Implementation, in accordance with

10  rules adopted under this paragraph, of practices that have

11  been initially verified to be effective, or verified to be

12  effective by monitoring at representative sites, by the

13  department, shall provide a presumption of compliance with

14  state water quality standards and release from the provisions

15  of s. 376.307(5) for those pollutants addressed by the

16  practices, and the department is not authorized to institute

17  proceedings against the owner of the source of pollution to

18  recover costs or damages associated with the contamination of

19  surface water or groundwater caused by those pollutants.

20  Research projects funded by the department, a water management

21  district, or the Department of Agriculture and Consumer

22  Services to develop or demonstrate interim measures or best

23  management practices shall be granted a presumption of

24  compliance with state water quality standards and a release

25  from the provisions of s. 376.307(5). The presumption of

26  compliance and release is shall be limited to the research

27  site and only for those pollutants addressed by the interim

28  measures or best management practices. Eligibility for the

29  presumption of compliance and release is shall be limited to

30  research projects on sites where the owner or operator of the

31  research site and the department, a water management district,

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 1  or the Department of Agriculture and Consumer Services have

 2  entered into a contract or other agreement that, at a minimum,

 3  specifies the research objectives, the cost-share

 4  responsibilities of the parties, and a schedule that details

 5  the beginning and ending dates of the project.

 6         4.  Where water quality problems are demonstrated,

 7  despite the appropriate implementation, operation, and

 8  maintenance of best management practices and other measures

 9  required by according to rules adopted under this paragraph,

10  the department, a water management district, or the Department

11  of Agriculture and Consumer Services, in consultation with the

12  department, shall institute a reevaluation of the best

13  management practice or other measure. Should the reevaluation

14  determine that the best management practice or other measure

15  requires modification, the department, a water management

16  district, or the Department of Agriculture and Consumer

17  Services, as appropriate, shall revise the rule to require

18  implementation of the modified practice within a reasonable

19  time period as specified in the rule.

20         5.  Agricultural records relating to processes or

21  methods of production, costs of production, profits, or other

22  financial information held by the Department of Agriculture

23  and Consumer Services pursuant to subparagraphs 3. and 4. or

24  pursuant to any rule adopted pursuant to subparagraph 2. are

25  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I

26  of the State Constitution. Upon request, records made

27  confidential and exempt pursuant to this subparagraph shall be

28  released to the department or any water management district if

29  provided that the confidentiality specified by this

30  subparagraph for such records is maintained.

31  

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 1         6.  The provisions of subparagraphs 1. and 2. do shall

 2  not preclude the department or water management district from

 3  requiring compliance with water quality standards or with

 4  current best management practice requirements set forth in any

 5  applicable regulatory program authorized by law to protect for

 6  the purpose of protecting water quality. Additionally,

 7  subparagraphs 1. and 2. are applicable only to the extent that

 8  they do not conflict with any rules adopted by the department

 9  which that are necessary to maintain a federally delegated or

10  approved program.

11         (8)  RULES.--The department is authorized to adopt

12  rules pursuant to ss. 120.536(1) and  120.54 for:

13         (a)  Delisting water bodies or water body segments from

14  the list developed under subsection (4) pursuant to the

15  guidance under subsection (5).;

16         (b)  Administering Administration of funds to implement

17  the total maximum daily load and basin management action

18  planning programs.;

19         (c)  Water quality credit Procedures for pollutant

20  trading among the pollutant sources to a water body or water

21  body segment. By July 1, 2007, rulemaking shall be initiated

22  which provides for the following:, including a mechanism for

23  the issuance and tracking of pollutant credits. Such

24  procedures may be implemented through permits or other

25  authorizations and must be legally binding. Prior to adopting

26  rules for pollutant trading under this paragraph, and no later

27  than November 30, 2006, the Department of Environmental

28  Protection shall submit a report to the Governor, the

29  President of the Senate, and the Speaker of the House of

30  Representatives containing recommendations on such rules,

31  including the proposed basis for equitable economically based

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 1  agreements and the tracking and accounting of pollution

 2  credits or other similar mechanisms. Such recommendations

 3  shall be developed in cooperation with a technical advisory

 4  committee that includes experts in pollutant trading and

 5  representatives of potentially affected parties;

 6         1.  The process to be used to determine how credits are

 7  generated, quantified, and validated;

 8         2.  A publicly accessible water quality credit trading

 9  registry that tracks water quality credits and trades and

10  lists the prices paid for such credits and that does not allow

11  the department to participate in the establishment of such

12  prices;

13         3.  Limitations on the availability and use of water

14  quality credits, including a list of eligible pollutants or

15  parameters and minimum water quality requirements and, where

16  appropriate, adjustments to reflect best-management practice

17  performance uncertainties and water-segment-specific location

18  factors;

19         4.  The timing and duration of credits and allowance

20  for credit transferability; and

21         5.  Mechanisms for determining and ensuring compliance

22  with trading procedures, including recordkeeping, monitoring,

23  reporting, and inspections. Generators of traded credits are

24  responsible for achieving the load reductions upon which the

25  credits are based.

26         (d)  The total maximum daily load calculation in

27  accordance with paragraph (6)(a) immediately upon the

28  effective date of this act, for those eight water segments

29  within Lake Okeechobee proper as submitted to the United

30  States Environmental Protection Agency pursuant to subsection

31  (2).; and

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 1         (e)  Implementation of other specific provisions.

 2         Section 8.  Subsection (1) of 403.0872, Florida

 3  Statutes, is amended to read:

 4         403.0872  Operation permits for major sources of air

 5  pollution; annual operation license fee.--Provided that

 6  program approval pursuant to 42 U.S.C. s. 7661a has been

 7  received from the United States Environmental Protection

 8  Agency, beginning January 2, 1995, each major source of air

 9  pollution, including electrical power plants certified under

10  s. 403.511, must obtain from the department an operation

11  permit for a major source of air pollution under this section.

12  This operation permit is the only department operation permit

13  for a major source of air pollution required for such source;

14  however provided, at the applicant's request, the department

15  shall issue a separate acid rain permit for a major source of

16  air pollution that is an affected source within the meaning of

17  42 U.S.C. s. 7651a(1). Operation permits for major sources of

18  air pollution, except general permits issued pursuant to s.

19  403.814, must be issued in accordance with the procedures

20  contained in this section and in accordance with chapter 120;

21  however, to the extent that chapter 120 is inconsistent with

22  the provisions of this section, the procedures contained in

23  this section prevail.

24         (1)  For purposes of this section, a major source of

25  air pollution means a stationary source of air pollution, or

26  any group of stationary sources within a contiguous area and

27  under common control, which emits any regulated air pollutant

28  and which is any of the following:

29         (a)  A major source within the meaning of 42 U.S.C. s.

30  7412(a)(1);

31  

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 1         (b)  A major stationary source or major emitting

 2  facility within the meaning of 42 U.S.C. s. 7602(j) or 42

 3  U.S.C. subchapter I, part C or part D;

 4         (c)  An affected source within the meaning of 42 U.S.C.

 5  s. 7651a(1);

 6         (d)  An air pollution source subject to standards or

 7  regulations under 42 U.S.C. s. 7411 or s. 7412; provided that

 8  a source is not a major source solely because of its

 9  regulation under 42 U.S.C. s. 7412(r); or

10         (e)  A stationary air pollution source belonging to a

11  category designated as a 40 C.F.R. part 70 source by

12  regulations adopted by the administrator of the United States

13  Environmental Protection Agency under 42 U.S.C. ss. 7661 et

14  seq.

15  

16  The department shall exempt those facilities that are subject

17  to this section solely because they are subject to

18  requirements under 42 U.S.C. s. 7411 or s. 7412 s. 7411 or

19  solely because they are subject to reporting requirements

20  under 42 U.S.C. s. 7412 for as long as the exemption is

21  available under federal law.

22         Section 9.  Paragraphs (e) and (f) of subsection (2) of

23  section 403.088, Florida Statutes, are amended to read:

24         403.088  Water pollution operation permits;

25  conditions.--

26         (2)

27         (e)  However, if the discharge will not meet permit

28  conditions or applicable statutes and rules, the department

29  may issue, renew, revise, or reissue the operation permit if:

30         1.  The applicant is constructing, installing, or

31  placing into operation, or has submitted plans and a

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 1  reasonable schedule for constructing, installing, or placing

 2  into operation, an approved pollution abatement facility or

 3  alternative waste disposal system;

 4         2.  The applicant needs permission to pollute the

 5  waters within the state for a period of time necessary to

 6  complete research, planning, construction, installation, or

 7  operation of an approved and acceptable pollution abatement

 8  facility or alternative waste disposal system;

 9         3.  There is no present, reasonable, alternative means

10  of disposing of the waste other than by discharging it into

11  the waters of the state;

12         4.  The granting of an operation permit will be in the

13  public interest; or

14         5.  The discharge will not be unreasonably destructive

15  to the quality of the receiving waters; or.

16         6.  A water quality credit trade that meets the

17  requirements of a total maximum daily load allocation has been

18  approved in a final order issued under s. 403.067(7)(a)1.4.

19         (f)  A permit issued, renewed, revised, or reissued

20  pursuant to paragraph (e) shall be accompanied by an order

21  establishing a schedule for achieving compliance with all

22  permit conditions.  Such permit may require compliance with

23  the accompanying order.

24         Section 10.  Subsection (3) of section 403.50663,

25  Florida Statutes, is amended to read:

26         403.50663  Informational public meetings.--

27         (3)  A local government or regional planning council

28  that intends to conduct an informational public meeting must

29  provide notice of the meeting to all parties not less than 15

30  5 days prior to the meeting, and to the general public, in

31  accordance with the provisions of s. 403.5115(5).

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 1         Section 11.  Subsection (2) of section 403.50665,

 2  Florida Statutes, is amended to read:

 3         403.50665  Land use consistency.--

 4         (2)  Within 45 days after the filing of the

 5  application, each local government shall file a determination

 6  with the department, the applicant, the administrative law

 7  judge, and all parties on the consistency of the site or any

 8  directly associated facilities with existing land use plans

 9  and zoning ordinances that were in effect on the date the

10  application was filed, based on the information provided in

11  the application. The local government may issue its

12  determination up to 35 days later if the local government has

13  requested additional information on land use and zoning

14  consistency as part of the local government's statement on

15  completeness of the application submitted pursuant to s.

16  403.5066(1)(a). Incompleteness of information necessary for a

17  local government to evaluate an application may be claimed by

18  the local government as cause for a statement of inconsistency

19  with existing land use plans and zoning ordinances. Notice of

20  the consistency determination shall be published in accordance

21  with the requirements of s. 403.5115.

22         Section 12.  Section 403.508, Florida Statutes, is

23  amended to read:

24         403.508  Land use and certification hearings, parties,

25  participants.--

26         (1)(a)  Within 5 days after the filing of If a petition

27  for a hearing on land use has been filed pursuant to s.

28  403.50665, the designated administrative law judge shall

29  schedule conduct a land use hearing to be conducted in the

30  county of the proposed site or directly associated facility,

31  as applicable, as expeditiously as possible, but not later

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 1  than 30 days after the department's receipt of the petition.

 2  The place of such hearing shall be as close as possible to the

 3  proposed site or directly associated facility. If a petition

 4  is filed, the hearing shall be held regardless of the status

 5  of the completeness of the application. However,

 6  incompleteness of information necessary for a local government

 7  to evaluate an application may be claimed by the local

 8  government as cause for a statement of inconsistency with

 9  existing land use plans and zoning ordinances under s.

10  403.50665.

11         (b)  Notice of the land use hearing shall be published

12  in accordance with the requirements of s. 403.5115.

13         (c)  The sole issue for determination at the land use

14  hearing shall be whether or not the proposed site is

15  consistent and in compliance with existing land use plans and

16  zoning ordinances. If the administrative law judge concludes

17  that the proposed site is not consistent or in compliance with

18  existing land use plans and zoning ordinances, the

19  administrative law judge shall receive at the hearing evidence

20  on, and address in the recommended order any changes to or

21  approvals or variances under, the applicable land use plans or

22  zoning ordinances which will render the proposed site

23  consistent and in compliance with the local land use plans and

24  zoning ordinances.

25         (d)  The designated administrative law judge's

26  recommended order shall be issued within 30 days after

27  completion of the hearing and shall be reviewed by the board

28  within 60 days after receipt of the recommended order by the

29  board.

30         (e)  If it is determined by the board that the proposed

31  site does conform with existing land use plans and zoning

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 1  ordinances in effect as of the date of the application, or as

 2  otherwise provided by this act, the responsible zoning or

 3  planning authority shall not thereafter change such land use

 4  plans or zoning ordinances so as to foreclose construction and

 5  operation of the proposed electrical power plant on the

 6  proposed site or directly associated facilities unless

 7  certification is subsequently denied or withdrawn.

 8         (f)  If it is determined by the board that the proposed

 9  site does not conform with existing land use plans and zoning

10  ordinances, the board may, if it determines after notice and

11  hearing and upon consideration of the recommended order on

12  land use and zoning issues that it is in the public interest

13  to authorize the use of the land as a site for an electrical

14  power plant, authorize a variance or other necessary approval

15  to the adopted land use plan and zoning ordinances required to

16  render the proposed site consistent with local land use plans

17  and zoning ordinances. The board's action shall not be

18  controlled by any other procedural requirements of law. In the

19  event a variance or other approval is denied by the board, it

20  shall be the responsibility of the applicant to make the

21  necessary application for any approvals determined by the

22  board as required to make the proposed site consistent and in

23  compliance with local land use plans and zoning ordinances. No

24  further action may be taken on the complete application until

25  the proposed site conforms to the adopted land use plan or

26  zoning ordinances or the board grants relief as provided under

27  this act.

28         (2)(a)  A certification hearing shall be held by the

29  designated administrative law judge no later than 265 days

30  after the application is filed with the department. The

31  certification hearing shall be held at a location in proximity

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 1  to the proposed site. At the conclusion of the certification

 2  hearing, the designated administrative law judge shall, after

 3  consideration of all evidence of record, submit to the board a

 4  recommended order no later than 45 days after the filing of

 5  the hearing transcript.

 6         (b)  Notice of the certification hearing and notice of

 7  the deadline for filing of notice of intent to be a party

 8  shall be made in accordance with the requirements of s.

 9  403.5115.

10         (3)(a)  Parties to the proceeding shall include:

11         1.  The applicant.

12         2.  The Public Service Commission.

13         3.  The Department of Community Affairs.

14         4.  The Fish and Wildlife Conservation Commission.

15         5.  The water management district.

16         6.  The department.

17         7.  The regional planning council.

18         8.  The local government.

19         9.  The Department of Transportation.

20         (b)  Any party listed in paragraph (a) other than the

21  department or the applicant may waive its right to participate

22  in these proceedings. If such listed party fails to file a

23  notice of its intent to be a party on or before the 90th day

24  prior to the certification hearing, such party shall be deemed

25  to have waived its right to be a party.

26         (c)  Notwithstanding the provisions of chapter 120,

27  upon the filing with the administrative law judge of a notice

28  of intent to be a party no later than 75 days after the

29  application is filed, the following shall also be parties to

30  the proceeding:

31  

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 1         1.  Any agency not listed in paragraph (a) as to

 2  matters within its jurisdiction.

 3         2.  Any domestic nonprofit corporation or association

 4  formed, in whole or in part, to promote conservation or

 5  natural beauty; to protect the environment, personal health,

 6  or other biological values; to preserve historical sites; to

 7  promote consumer interests; to represent labor, commercial, or

 8  industrial groups; or to promote comprehensive planning or

 9  orderly development of the area in which the proposed

10  electrical power plant is to be located.

11         (d)  Notwithstanding paragraph (e), failure of an

12  agency described in subparagraph (c)1. to file a notice of

13  intent to be a party within the time provided herein shall

14  constitute a waiver of the right of that agency to participate

15  as a party in the proceeding.

16         (e)  Other parties may include any person, including

17  those persons enumerated in paragraph (c) who have failed to

18  timely file a notice of intent to be a party, whose

19  substantial interests are affected and being determined by the

20  proceeding and who timely file a motion to intervene pursuant

21  to chapter 120 and applicable rules. Intervention pursuant to

22  this paragraph may be granted at the discretion of the

23  designated administrative law judge and upon such conditions

24  as he or she may prescribe any time prior to 30 days before

25  the commencement of the certification hearing.

26         (f)  Any agency, including those whose properties or

27  works are being affected pursuant to s. 403.509(4), shall be

28  made a party upon the request of the department or the

29  applicant.

30         (4)(a)  The order of presentation at the certification

31  hearing, unless otherwise changed by the administrative law

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 1  judge to ensure the orderly presentation of witnesses and

 2  evidence, shall be:

 3         1.  The applicant.

 4         2.  The department.

 5         3.  State agencies.

 6         4.  Regional agencies, including regional planning

 7  councils and water management districts.

 8         5.  Local governments.

 9         6.  Other parties.

10         (b)  When appropriate, any person may be given an

11  opportunity to present oral or written communications to the

12  designated administrative law judge. If the designated

13  administrative law judge proposes to consider such

14  communications, then all parties shall be given an opportunity

15  to cross-examine or challenge or rebut such communications.

16         (5)  At the conclusion of the certification hearing,

17  the designated administrative law judge shall, after

18  consideration of all evidence of record, submit to the board a

19  recommended order no later than 45 days after the filing of

20  the hearing transcript.

21         (6)(a)  No earlier than 29 days prior to the conduct of

22  the certification hearing, the department or the applicant may

23  request that the administrative law judge cancel the

24  certification hearing and relinquish jurisdiction to the

25  department if all parties to the proceeding stipulate that

26  there are no disputed issues of fact or law to be raised at

27  the certification hearing, and if sufficient time remains for

28  the applicant and the department to publish public notices of

29  the cancellation of the hearing at least 3 days prior to the

30  scheduled date of the hearing.

31  

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 1         (b)  The administrative law judge shall issue an order

 2  granting or denying the request within 5 days after receipt of

 3  the request.

 4         (c)  If the administrative law judge grants the

 5  request, the department and the applicant shall publish

 6  notices of the cancellation of the certification hearing, in

 7  accordance with s. 403.5115.

 8         (d)1.  If the administrative law judge grants the

 9  request, the department shall prepare and issue a final order

10  in accordance with s. 403.509(1)(a).

11         2.  Parties may submit proposed recommended orders to

12  the department no later than 10 days after the administrative

13  law judge issues an order relinquishing jurisdiction.

14         (7)  The applicant shall pay those expenses and costs

15  associated with the conduct of the hearings and the recording

16  and transcription of the proceedings.

17         (8)  In issuing permits under the federally approved

18  new source review or prevention of significant deterioration

19  permit program, the department shall observe the procedures

20  specified under the federally approved state implementation

21  plan, including public notice, public comment, public hearing,

22  and notice of applications and amendments to federal, state,

23  and local agencies, to assure that all such permits issued in

24  coordination with the certification of a power plant under

25  this act are federally enforceable and are issued after

26  opportunity for informed public participation regarding the

27  terms and conditions thereof. When possible, any hearing on a

28  federally approved or delegated program permit such as new

29  source review, prevention of significant deterioration permit,

30  or NPDES permit shall be conducted in conjunction with the

31  certification hearing held under this act. It is the intent of

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 1  the Legislature that the review, processing, and issuance of

 2  such federally delegated or approved permits be closely

 3  coordinated with the certification process established under

 4  this part. In the event of a conflict between the

 5  certification process and federally required procedures, the

 6  applicable federal requirements shall control.

 7         Section 13.  Subsection (5) of section 403.509, Florida

 8  Statutes, is amended to read:

 9         403.509  Final disposition of application.--

10         (5)  For certifications that are issued by the board,

11  in regard to the properties and works of any agency that which

12  is a party to the certification hearing, the board shall have

13  the authority to decide issues relating to the use, the

14  connection thereto, or the crossing thereof, for the

15  electrical power plant and directly associated facilities and

16  to direct any such agency to execute, within 30 days after the

17  entry of certification, the necessary license or easement for

18  such use, connection, or crossing, subject only to the

19  conditions set forth in such certification. For certifications

20  that are issued by the department, in regard to the properties

21  and works of any agency that is a party to the proceeding, any

22  stipulation filed pursuant to s. 403.508(6)(a) must include a

23  stipulation regarding any issues relating to the use, the

24  connection thereto, or the crossing thereof, for the

25  electrical power plant and directly associated facilities. Any

26  agency stipulating to the use, connection to, or crossing of

27  its property must agree to execute, within 30 days after the

28  entry of certification, the necessary license or easement for

29  such use, connection, or crossing, subject only to the

30  conditions set forth in such certification.

31  

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 1         Section 14.  Section 403.5113, Florida Statutes, is

 2  amended to read:

 3         403.5113  Postcertification amendments and review.--

 4         (1)  POSTCERTIFICATION AMENDMENTS.--

 5         (a)  If, subsequent to certification by the board, a

 6  licensee proposes any material change to the application and

 7  revisions or amendments thereto, as certified, the licensee

 8  shall submit a written request for amendment and a description

 9  of the proposed change to the application to the department.

10  Within 30 days after the receipt of the request for the

11  amendment, the department shall determine whether the proposed

12  change to the application requires a modification of the

13  conditions of certification.

14         (b)(2)  If the department concludes that the change

15  would not require a modification of the conditions of

16  certification, the department shall provide written

17  notification of the determination on approval of the proposed

18  amendment to the licensee, all agencies, and all other

19  parties.

20         (c)(3)  If the department concludes that the change

21  would require a modification of the conditions of

22  certification, the department shall provide written

23  notification to the licensee that the proposed change to the

24  application requires a request for modification pursuant to s.

25  403.516.

26         (2)(4)  POSTCERTIFICATION REVIEW.--Postcertification

27  submittals filed by the licensee with one or more agencies are

28  for the purpose of monitoring for compliance with the issued

29  certification and must be reviewed by the agencies on an

30  expedited and priority basis because each facility certified

31  under this act is a critical infrastructure facility. In no

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 1  event shall a postcertification review be completed in more

 2  than 90 days after complete information is submitted to the

 3  reviewing agencies.

 4         Section 15.  Section 403.5115, Florida Statutes, is

 5  amended to read:

 6         403.5115  Public notice.--

 7         (1)  The following notices are to be published by the

 8  applicant:

 9         (a)  Notice of the filing of a notice of intent under

10  s. 403.5063, which shall be published within 21 days after the

11  filing of the notice. The notice shall be published as

12  specified by subsection (2), except that the newspaper notice

13  shall be one-fourth page in size in a standard size newspaper

14  or one-half page in size in a tabloid size newspaper.

15         (b)  Notice of filing of the application, which shall

16  include a description of the proceedings required by this act,

17  within 21 days after the date of the application filing. Such

18  notice shall give notice of the provisions of s. 403.511(1)

19  and (2).

20         (c)  Notice of the land use determination made pursuant

21  to s. 403.50665(1) within 21 days after the determination is

22  filed.

23         (d)  Notice of the land use hearing, which shall be

24  published as specified in subsection (2), no later than 15

25  days before the hearing.

26         (e)  Notice of the certification hearing and notice of

27  the deadline for filing notice of intent to be a party, which

28  shall be published as specified in subsection (2), at least 65

29  days before the date set for the certification hearing.

30  

31  

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 1         (f)  Notice of the cancellation of the certification

 2  hearing, if applicable, no later than 3 days before the date

 3  of the originally scheduled certification hearing.

 4         (g)  Notice of modification when required by the

 5  department, based on whether the requested modification of

 6  certification will significantly increase impacts to the

 7  environment or the public. Such notice shall be published as

 8  specified under subsection (2):

 9         1.  Within 21 days after receipt of a request for

10  modification. The newspaper notice shall be of a size as

11  directed by the department commensurate with the scope of the

12  modification.

13         2.  If a hearing is to be conducted in response to the

14  request for modification, then notice shall be published no

15  later than 30 days before the hearing.

16         (h)  Notice of a supplemental application, which shall

17  be published as specified in paragraph (b) and subsection (2).

18         (i)  Notice of existing site certification pursuant to

19  s. 403.5175. Notices shall be published as specified in

20  paragraph (b) and subsection (2).

21         (2)  Notices provided by the applicant shall be

22  published in newspapers of general circulation within the

23  county or counties in which the proposed electrical power

24  plant will be located. The newspaper notices shall be at least

25  one-half page in size in a standard size newspaper or a full

26  page in a tabloid size newspaper. These notices shall include

27  a map generally depicting the project and all associated

28  facilities corridors. A newspaper of general circulation shall

29  be the newspaper which has the largest daily circulation in

30  that county and has its principal office in that county. If

31  the newspaper with the largest daily circulation has its

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 1  principal office outside the county, the notices shall appear

 2  in both the newspaper having the largest circulation in that

 3  county and in a newspaper authorized to publish legal notices

 4  in that county.

 5         (3)  All notices published by the applicant shall be

 6  paid for by the applicant and shall be in addition to the

 7  application fee.

 8         (4)  The department shall arrange for publication of

 9  the following notices in the manner specified by chapter 120

10  and provide copies of those notices to any persons who have

11  requested to be placed on the departmental mailing list for

12  this purpose for each case for which an application has been

13  received by the department:

14         (a)  Notice of the filing of the notice of intent

15  within 15 days after receipt of the notice.

16         (b)  Notice of the filing of the application, no later

17  than 21 days after the application filing.

18         (c)  Notice of the land use determination made pursuant

19  to s. 403.50665(1) within 21 days after the determination is

20  filed.

21         (d)  Notice of the land use hearing before the

22  administrative law judge, if applicable, no later than 10 15

23  days before the hearing.

24         (e)  Notice of the land use hearing before the board,

25  if applicable.

26         (f)  Notice of the certification hearing at least 45

27  days before the date set for the certification hearing.

28         (g)  Notice of the cancellation of the certification

29  hearing, if applicable, no later than 3 days prior to the date

30  of the originally scheduled certification hearing.

31  

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 1         (h)  Notice of the hearing before the board, if

 2  applicable.

 3         (i)  Notice of stipulations, proposed agency action, or

 4  petitions for modification.

 5         (5)  A local government or regional planning council

 6  that proposes to conduct an informational public meeting

 7  pursuant to s. 403.50663 must publish notice of the meeting in

 8  a newspaper of general circulation within the county or

 9  counties in which the proposed electrical power plant will be

10  located no later than 7 days prior to the meeting. A newspaper

11  of general circulation is the newspaper that has the largest

12  daily circulation in that county and has its principal office

13  in that county. If the newspaper having the largest daily

14  circulation has its principal office outside the county, the

15  notices much appear in both the newspaper having the largest

16  circulation in that county and in a newspaper authorized to

17  publish legal notices in that county.

18         Section 16.  Subsection (1) of section 403.5252,

19  Florida Statutes, is amended to read:

20         403.5252  Determination of completeness.--

21         (1)(a)  Within 30 days after the filing distribution of

22  an application, the affected agencies shall file a statement

23  with the department containing the recommendations of each

24  agency concerning the completeness of the application for

25  certification.

26         (b)  Within 37 7 days after the filing receipt of the

27  application completeness statements of each agency, the

28  department shall file a statement with the Division of

29  Administrative Hearings, with the applicant, and with all

30  parties declaring its position with regard to the completeness

31  

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 1  of the application. The statement of the department shall be

 2  based upon its consultation with the affected agencies.

 3         Section 17.  Subsection (6) of section 403.527, Florida

 4  Statutes, is amended to read:

 5         403.527  Certification hearing, parties,

 6  participants.--

 7         (6)(a)  No later than 29 25 days before the

 8  certification hearing, the department or the applicant may

 9  request that the administrative law judge cancel the

10  certification hearing and relinquish jurisdiction to the

11  department if all parties to the proceeding stipulate that

12  there are no disputed issues of material fact or law to be

13  raised at the certification hearing.

14         (b)  The administrative law judge shall issue an order

15  granting or denying the request within 5 days.

16         (c)  If the administrative law judge grants the

17  request, the department and the applicant shall publish

18  notices of the cancellation of the certification hearing in

19  accordance with s. 403.5363.

20         (d)1.  If the administrative law judge grants the

21  request, the department shall prepare and issue a final order

22  in accordance with s. 403.529(1)(a).

23         2.  Parties may submit proposed final orders to the

24  department no later than 10 days after the administrative law

25  judge issues an order relinquishing jurisdiction.

26         Section 18.  Subsection (1) of section 403.5271,

27  Florida Statutes, is amended to read:

28         403.5271  Alternate corridors.--

29         (1)  No later than 45 days before the originally

30  scheduled certification hearing, any party may propose

31  

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 1  alternate transmission line corridor routes for consideration

 2  under the provisions of this act.

 3         (a)  A notice of a proposed alternate corridor must be

 4  filed with the administrative law judge, all parties, and any

 5  local governments in whose jurisdiction the alternate corridor

 6  is proposed. The filing must include the most recent United

 7  States Geological Survey 1:24,000 quadrangle maps specifically

 8  delineating the corridor boundaries, a description of the

 9  proposed corridor, and a statement of the reasons the proposed

10  alternate corridor should be certified.

11         (b)1.  Within 7 days after receipt of the notice, the

12  applicant and the department shall file with the

13  administrative law judge and all parties a notice of

14  acceptance or rejection of a proposed alternate corridor for

15  consideration. If the alternate corridor is rejected by the

16  applicant or the department, the certification hearing and the

17  public hearings shall be held as scheduled. If both the

18  applicant and the department accept a proposed alternate

19  corridor for consideration, the certification hearing and the

20  public hearings shall be rescheduled, if necessary.

21         2.  If rescheduled, the certification hearing shall be

22  held no more than 90 days after the previously scheduled

23  certification hearing, unless the data submitted under

24  paragraph (d) is determined to be incomplete, in which case

25  the rescheduled certification hearing shall be held no more

26  than 105 days after the previously scheduled certification

27  hearing. If additional time is needed due to the alternate

28  corridor crossing a local government jurisdiction that was not

29  previously affected, the remainder of the schedule listed

30  below shall be appropriately adjusted by the administrative

31  

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 1  law judge to allow that local government to prepare a report

 2  pursuant to s. 403.526(2)(a)5.

 3         (c)  Notice of the filing of the alternate corridor, of

 4  the revised time schedules, of the deadline for newly affected

 5  persons and agencies to file notice of intent to become a

 6  party, of the rescheduled hearing date, and of the proceedings

 7  shall be published in accordance with s. 403.5363.

 8         (d)  Within 21 days after acceptance of an alternate

 9  corridor by the department and the applicant, the party

10  proposing an alternate corridor shall have the burden of

11  providing all data to the agencies listed in s. 403.526(2) and

12  newly affected agencies necessary for the preparation of a

13  supplementary report on the proposed alternate corridor.

14         (e)1.  Reviewing agencies shall advise the department

15  of any issues concerning completeness no later than 15 days

16  after the submittal of the data required by paragraph (d).

17  Within 22 days after receipt of the data, the department shall

18  issue a determination of completeness.

19         2.  If the department determines that the data required

20  by paragraph (d) is not complete, the party proposing the

21  alternate corridor must file such additional data to correct

22  the incompleteness. This additional data must be submitted

23  within 14 days after the determination by the department.

24         3.  Reviewing agencies may advise the department of any

25  issues concerning completeness of the additional data within

26  10 days after the filing by the applicant. If the department,

27  within 14 days after receiving the additional data, determines

28  that the data remains incomplete, the incompleteness of the

29  data is deemed a withdrawal of the proposed alternate

30  corridor. The department may make its determination based on

31  recommendations made by other affected agencies.

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 1         (f)  The agencies listed in s. 403.526(2) and any newly

 2  affected agencies shall file supplementary reports with the

 3  applicant and the department which address the proposed

 4  alternate corridors no later than 24 days after the data

 5  submitted pursuant to paragraph (d) or paragraph (e) is

 6  determined to be complete.

 7         (g)  The agency reports on alternate corridors must

 8  include all information required by s. 403.526(2).

 9         (h)  When an agency whose agency head is a collegial

10  body, such as a commission, board, or council, is required to

11  submit a report pursuant to this section and is required by

12  its own internal procedures to have the report reviewed by its

13  agency head prior to finalization, the agency may submit to

14  the department a draft version of the report by the deadline

15  indicated in paragraph (f), and shall submit a final version

16  of the report after review by the agency head no later than 7

17  days after the deadline indicated in paragraph (f).

18         (i)  The department shall file with the administrative

19  law judge, the applicant, and all parties a project analysis

20  consistent with s. 403.526(3) no more than 16 days after

21  submittal of agency reports on the proposed alternate

22  corridor.

23         Section 19.  Section 403.5317, Florida Statutes, is

24  amended to read:

25         403.5317  Postcertification activities.--

26         (1)(a)  If, subsequent to certification, a licensee

27  proposes any material change to the application or prior

28  amendments, the licensee shall submit to the department a

29  written request for amendment and description of the proposed

30  change to the application. The department shall, within 30

31  days after the receipt of the request for the amendment,

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 1  determine whether the proposed change to the application

 2  requires a modification of the conditions of certification.

 3         (b)  If the department concludes that the change would

 4  not require a modification of the conditions of certification,

 5  the department shall notify, in writing, the licensee, all

 6  agencies, and all parties of the determination on approval of

 7  the amendment.

 8         (c)  If the department concludes that the change would

 9  require a modification of the conditions of certification, the

10  department shall notify the licensee that the proposed change

11  to the application requires a request for modification under

12  s. 403.5315.

13         (2)  Postcertification submittals filed by a licensee

14  with one or more agencies are for the purpose of monitoring

15  for compliance with the issued certification. Each submittal

16  must be reviewed by each agency on an expedited and priority

17  basis because each facility certified under this act is a

18  critical infrastructure facility. Postcertification review may

19  not be completed more than 90 days after complete information

20  for a segment of the certified transmission line is submitted

21  to the reviewing agencies.

22         Section 20.  Subsection (3) of section 403.5363,

23  Florida Statutes, is amended to read:

24         403.5363  Public notices; requirements.--

25         (3)  The department shall arrange for the publication

26  of the following notices in the manner specified by chapter

27  120:

28         (a)  The notice of the filing of an application and the

29  date by which a person intending to become a party must file a

30  petition to intervene or a notice of intent to be a party. The

31  

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 1  notice must be published no later than 21 days after the

 2  application has been filed.

 3         (b)  The notice of any administrative hearing for

 4  certification, if applicable. The notice must be published not

 5  less than 65 days before the date set for a hearing, except

 6  that notice for a rescheduled certification hearing after

 7  acceptance of an alternative corridor must be published not

 8  less than 50 days before the date set for the hearing.

 9         (c)  The notice of the cancellation of a certification

10  hearing, if applicable. The notice must be published not later

11  than 3 7 days before the date of the originally scheduled

12  certification hearing.

13         (d)  The notice of the hearing before the siting board,

14  if applicable.

15         (e)  The notice of stipulations, proposed agency

16  action, or a petition for modification.

17         Section 21.  Present subsections (9) through (20) of

18  section 403.861, Florida Statutes, are redesignated as

19  subsections (10) through (21), respectively, and a new

20  subsection (9) is added to that section, to read:

21         403.861  Department; powers and duties.--The department

22  shall have the power and the duty to carry out the provisions

23  and purposes of this act and, for this purpose, to:

24         (9)  Require that an internal check-valve device that

25  prevents intentional or accidental backflow contamination of

26  the public water supply be installed in all new and

27  replacement fire hydrants. Such device must not delay access

28  to the water supply for fire protection.

29         Section 22.  Chapter 325, Florida Statutes, consisting

30  of ss. 325.2055, 325.221, 325.222, and 325.223, Florida

31  Statutes, is repealed.

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 1         Section 23.  Section 403.0875, Florida Statutes, is

 2  repealed.

 3         Section 24.  Paragraph (e) of subsection (6) of section

 4  373.459, Florida Statutes, is repealed.

 5         Section 25.  This act shall take effect July 1, 2007.

 6  

 7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 8                         Senate Bill 2054

 9                                 

10  The committee substitute makes the following changes:

11  1.  Deletes from the bill the provisions clarifying the sales
    tax exemption for equipment, machinery, and other materials
12  for renewable energy technologies.

13  2.  Clarifies what activities would be decriminalized in state
    parks and what activities would still be misdemeanors.
14  
    3.  Allows golf carts to be operated on roads within the state
15  park system under certain conditions.

16  4.  Provides that certain variances that apply statewide in
    the other water management districts also apply in the
17  Northwest Florida Water Management District.

18  5.  Provides that the ratification of the change to the plant
    list in the wetland delineation rule does not become effective
19  until the state and federal wetland delineation methodologies
    are aligned.
20  
    6.  Deletes from the bill provisions relating to
21  clarifications of the solar energy incentives and rebates.

22  7.  Provides for the trading of water quality credits in the
    total maximum daily load program in areas that have adopted a
23  basin management action plan.

24  8.  Requires new and replacement fire hydrants to have an
    internal check-valve device that prevents intentional or
25  accidental backflow contamination of the public water supply.

26  8.  Repeals a repeal of certain water management district
    match requirements. Allows the continuation of current law
27  beyond July 1, 2007.

28  

29  

30  

31  

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