| 1 | A bill to be entitled |
| 2 | An act relating to the Florida Incentive-based Permitting |
| 3 | Act; creating s. 403.0874, F.S.; providing a short title; |
| 4 | providing legislative findings; providing purposes; |
| 5 | providing definitions; providing for an Incentive-based |
| 6 | Permitting Program; providing compliance incentives for |
| 7 | certain environmental permitting activities; providing |
| 8 | requirements and limitations; providing for administration |
| 9 | by the Department of Environmental Protection; requiring |
| 10 | the department to adopt certain rules; amending ss. |
| 11 | 161.041 and 373.413, F.S.; specifying application of |
| 12 | Incentive-based Permitting Program provisions; amending s. |
| 13 | 403.087, F.S.; revising criteria for department permit |
| 14 | issuance to conform; specifying application of Incentive- |
| 15 | based Permitting Program provisions to certain permits; |
| 16 | providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Section 403.0874, Florida Statutes, is created |
| 21 | to read: |
| 22 | 403.0874 Incentive-based Permitting Program.-- |
| 23 | (1) SHORT TITLE.--This section may be cited as the |
| 24 | "Florida Incentive-based Permitting Act." |
| 25 | (2) LEGISLATIVE FINDINGS; PUBLIC PURPOSE.-- |
| 26 | (a) The Legislature finds and declares that a permit |
| 27 | applicant's history of compliance with applicable permit |
| 28 | conditions and requirements and the environmental laws of this |
| 29 | state is a factor that should be considered by the agency when |
| 30 | the agency is considering whether to issue a new permit or |
| 31 | reissue a permit to an applicant, based upon compliance |
| 32 | incentives under this section. |
| 33 | (b) Permit applicants with a history of compliance with |
| 34 | applicable permit conditions and requirements and the |
| 35 | environmental laws of this state should be eligible for new |
| 36 | permits at a new site, longer duration permits, expedited permit |
| 37 | reviews, short-form permit renewals, and other incentives to |
| 38 | reward and encourage such applicants. |
| 39 | (c) The agency is encouraged to work with permittees and |
| 40 | permit applicants to encourage compliance and avoid burdensome |
| 41 | and expensive consequences of noncompliance. |
| 42 | (d) It is therefore declared to be the purpose of this |
| 43 | section to provide the agency with clear and specific authority |
| 44 | to consider the compliance history of a permit applicant who has |
| 45 | applied for an incentive-based permit. |
| 46 | (3) DEFINITIONS.--For purposes of this section: |
| 47 | (a) "Agency" means the Department of Environmental |
| 48 | Protection. |
| 49 | (b) "Applicant" means the proposed permittee or |
| 50 | transferee, owner, or operator of a regulated activity seeking |
| 51 | an agency permit. However, the term "applicant" does not include |
| 52 | a subsidiary of or an affiliate of an entity with a history of |
| 53 | noncompliance for any regulated activity. |
| 54 | (c) "Environmental laws" means any state or federal law |
| 55 | that regulates activities for the purpose of protecting the |
| 56 | environment, or for the purpose of protecting the public health |
| 57 | from pollution or contaminants, but does not include any law |
| 58 | that regulates activities for the purpose of zoning, growth |
| 59 | management, or land use. The term includes, but is not limited |
| 60 | to, chapter 161, part IV of chapter 373, and chapter 403. |
| 61 | (d) "Regulated activity" means any activity, including, |
| 62 | but not limited to, the construction or operation of a facility, |
| 63 | installation, system, or project, for which a permit or |
| 64 | certification is required by law. |
| 65 | (e) "Site" means a single parcel, or multiple contiguous |
| 66 | or adjacent parcels, of land on which the applicant proposes to |
| 67 | conduct, or has conducted, a regulated activity. |
| 68 | (4) COMPLIANCE INCENTIVES.--In order to obtain compliance |
| 69 | incentives, the applicant must affirmatively request such |
| 70 | incentives as part of the permit application. Unless otherwise |
| 71 | prohibited by state or federal law, agency rule, or federal |
| 72 | regulation, and provided the applicant meets all other |
| 73 | applicable criteria for the issuance of a permit, any applicant |
| 74 | who meets the criteria set forth in this subsection is entitled |
| 75 | to the following incentives: |
| 76 | (a) Level 1 incentives criteria; application for a new |
| 77 | permit; rulemaking.-- |
| 78 | 1. An applicant shall be entitled to incentives if the |
| 79 | activity is a new regulated activity and the applicant conducted |
| 80 | a similar regulated activity under an agency permit for at least |
| 81 | 4 of the 5 years at a different site in this state preceding |
| 82 | submittal of the permit application. However, an applicant shall |
| 83 | not be entitled to incentives under this paragraph if the |
| 84 | applicant has a relevant compliance history for a similar |
| 85 | regulated activity that includes any violation that resulted in |
| 86 | enforcement action. If the applicant has alleged violations at a |
| 87 | different site that may result in enforcement action and the |
| 88 | alleged violations may result in the potential for harm to human |
| 89 | health or the environment, the applicant shall not be entitled |
| 90 | to incentives under this paragraph. However, when pending |
| 91 | alleged violations that eliminate an applicant from receiving |
| 92 | incentives under this paragraph are disposed of and the |
| 93 | applicant was found not to have committed the alleged violation, |
| 94 | incentives shall be available to the applicant. Alleged minor |
| 95 | violations shall not be considered under this paragraph. |
| 96 | 2. Level 1 incentives shall include: |
| 97 | a. Expedited permit review.--The processing time following |
| 98 | receipt of a completed application shall be 75 days for the |
| 99 | issuance of the agency action. |
| 100 | b. Extended permits.--Permits may be extended for 7 years, |
| 101 | provided the applicant has conducted a similar regulated |
| 102 | activity at a site for 4 of the last 5 years. |
| 103 | 3. Within 6 months after the effective date of this |
| 104 | section, the agency shall initiate rulemaking to implement Level |
| 105 | 1 incentives. The rule shall specify what incentives will be |
| 106 | made available, how applicants may qualify for incentives, and |
| 107 | how extended permits may be transferred. Until an implementing |
| 108 | rule is adopted, Level 1 incentives shall not be available to |
| 109 | permit applicants under this section. |
| 110 | (b) Level 2 incentives criteria; application for permit |
| 111 | renewal; rulemaking.-- |
| 112 | 1. An applicant for a renewal of a permit shall be |
| 113 | entitled to incentives pursuant to this paragraph if the |
| 114 | applicant conducted a regulated activity at the site in this |
| 115 | state for at least 4 of the last 5 years preceding submittal of |
| 116 | an application for renewal. An applicant shall not be entitled |
| 117 | to incentives under this paragraph if the applicant has a |
| 118 | relevant compliance history at the site that includes any |
| 119 | violation that resulted in enforcement action. If the applicant |
| 120 | has alleged violations at the site that may result in |
| 121 | enforcement action and the alleged violations may result in the |
| 122 | potential for harm to human health or the environment, the |
| 123 | applicant shall not be entitled to incentives under this |
| 124 | paragraph. However, when pending alleged violations that |
| 125 | eliminate an applicant from receiving incentives under this |
| 126 | paragraph are disposed of and the applicant was found not to |
| 127 | have committed the alleged violation, incentives shall be |
| 128 | available to the applicant. Alleged minor violations shall not |
| 129 | be considered under this paragraph. In addition, an applicant |
| 130 | for the renewal of a permit shall be entitled to incentives |
| 131 | pursuant to this paragraph if the applicant takes any other |
| 132 | actions not otherwise required by law that at the site result |
| 133 | in: |
| 134 | a. Beneficial reductions in actual or permitted discharges |
| 135 | or emissions; |
| 136 | b. Beneficial reductions in the impacts of regulated |
| 137 | activities on public lands or natural resources; |
| 138 | c. Beneficial waste reduction or the reuse of waste |
| 139 | generated at the site; |
| 140 | d. Implementation of a voluntary environmental management |
| 141 | system; or |
| 142 | e. Other similar actions as determined by agency rule. |
| 143 | 2. Level 2 incentives shall include: |
| 144 | a. Ten-year permits, provided the applicant has conducted |
| 145 | a regulated activity at the site for at least 5 years. |
| 146 | b. Fewer routine inspections than other regulated |
| 147 | activities similarly situated. |
| 148 | c. Short form renewals of permits not involving |
| 149 | substantial modifications which may be made upon a shortened |
| 150 | application form specifying only the changes in the regulated |
| 151 | activity or a certification by the applicant that no changes in |
| 152 | the regulated activity are proposed if that is the case. |
| 153 | Applicants for short form renewals shall complete and submit the |
| 154 | prescribed compliance form with the application and shall remain |
| 155 | subject to the compliance history review of this section. All |
| 156 | other procedure requirements for renewal applications apply. |
| 157 | This provision shall supplement any expedited review process |
| 158 | provided by agency rules. |
| 159 | d. Expedited review of requests for permit modifications. |
| 160 | e. Agency recognition, program-specific incentives, or |
| 161 | certifications in lieu of renewal permits. |
| 162 | f. No more than two requests for additional information. |
| 163 | 3. Within 6 months after the effective date of this |
| 164 | section, the agency shall initiate rulemaking to implement Level |
| 165 | 2 incentives. The rule shall specify what incentives will be |
| 166 | made available, how applicants may qualify for incentives, and |
| 167 | how extended permits may be transferred. Until an implementing |
| 168 | rule is adopted, Level 2 incentives shall not be available to |
| 169 | permit applicants under this section. |
| 170 | Section 2. Subsection (5) is added to section 161.041, |
| 171 | Florida Statutes, to read: |
| 172 | 161.041 Permits required.-- |
| 173 | (5) The Incentive-based Permitting Program provisions of |
| 174 | s. 403.0874 shall apply to all permits issued under this |
| 175 | chapter. |
| 176 | Section 3. Subsection (6) is added to section 373.413, |
| 177 | Florida Statutes, to read: |
| 178 | 373.413 Permits for construction or alteration.-- |
| 179 | (6) The Incentive-based Permitting Program provisions of |
| 180 | s. 403.0874 shall apply to permits issued under this section. |
| 181 | Section 4. Subsection (7) of section 403.087, Florida |
| 182 | Statutes, is amended, and subsection (10) is added to that |
| 183 | section, to read: |
| 184 | 403.087 Permits; general issuance; denial; revocation; |
| 185 | prohibition; penalty.-- |
| 186 | (7) A permit issued pursuant to this section shall not |
| 187 | become a vested right in the permittee. The department may |
| 188 | revoke any permit issued by it if it finds that the |
| 189 | permitholder: |
| 190 | (a) Has submitted material false or inaccurate information |
| 191 | in the his or her application for such permit; |
| 192 | (b) Has violated law, department orders, rules, or |
| 193 | regulations, or permit conditions directly related to such |
| 194 | permit; |
| 195 | (c) Has failed to submit operational reports or other |
| 196 | information required by department rule or regulation directly |
| 197 | related to such permit; or |
| 198 | (d) Has refused lawful inspection under s. 403.091 at the |
| 199 | facility authorized by such permit. |
| 200 | (10) The Incentive-based Permitting Program provisions of |
| 201 | s. 403.0874 shall apply to permits issued under this chapter. |
| 202 | Section 5. This act shall take effect upon becoming a law. |