Senate Bill sb0738

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    Florida Senate - 2007                                   SB 738

    By Senator Oelrich





    14-779-07

  1                      A bill to be entitled

  2         An act relating to the Florida Incentive-based

  3         Permitting Act; creating s. 403.0874, F.S.;

  4         providing a short title; providing legislative

  5         findings; providing purposes; providing

  6         definitions; providing for an Incentive-based

  7         Permitting Program; providing compliance

  8         incentives for certain environmental permitting

  9         activities; providing requirements and

10         limitations; providing for administration by

11         the Department of Environmental Protection;

12         requiring the department to adopt rules;

13         amending ss. 161.041 and 373.413, F.S.;

14         specifying application of the Incentive-based

15         Permitting Program; amending s. 403.087, F.S.;

16         revising criteria for department permit

17         issuance, to conform; specifying application of

18         the Incentive-based Permitting Program to

19         certain permits; providing an effective date.

20  

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

22  

23         Section 1.  Section 403.0874, Florida Statutes, is

24  created to read:

25         403.0874  Incentive-based Permitting Program.--

26         (1)  SHORT TITLE.--This section may be cited as the

27  "Florida Incentive-based Permitting Act."

28         (2)  LEGISLATIVE FINDINGS; PUBLIC PURPOSE.--

29         (a)  The Legislature finds and declares that a permit

30  applicant's history of compliance with applicable permit

31  conditions and requirements and with the environmental laws of

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    Florida Senate - 2007                                   SB 738
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 1  this state is a factor that should be considered by the agency

 2  when the agency is considering whether to issue a new permit

 3  or reissue a permit to an applicant based upon compliance

 4  incentives under this section.

 5         (b)  Permit applicants that have a history of

 6  compliance with applicable permit conditions and requirements

 7  and the environmental laws of this state should be eligible

 8  for new permits at a new site, longer-duration permits,

 9  expedited permit reviews, short-form permit renewals, and

10  other incentives to reward and encourage such applicants.

11         (c)  The agency is encouraged to work with permittees

12  and permit applicants to encourage compliance and avoid

13  burdensome and expensive consequences of noncompliance.

14         (d)  It is therefore declared to be the purpose of this

15  section to provide the agency with clear and specific

16  authority to consider the compliance history of a permit

17  applicant who has applied for an incentive-based permit.

18         (3)  DEFINITIONS.--As used in this section, the term:

19         (a)  "Agency" means the Department of Environmental

20  Protection.

21         (b)  "Applicant" means the proposed permittee or

22  transferee, owner, or operator of a regulated activity seeking

23  an agency permit. However, the term does not include a

24  subsidiary of or an affiliate of an entity that has a history

25  of noncompliance for any regulated activity. 

26         (c)  "Environmental laws" means any state or federal

27  law that regulates activities for the purpose of protecting

28  the environment, or for the purpose of protecting the public

29  health from pollution or contaminants, but does not include

30  any law that regulates activities for the purpose of zoning,

31  growth management, or land use. The term includes, but is not

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    Florida Senate - 2007                                   SB 738
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 1  limited to, chapter 161, part IV of chapter 373, and chapter

 2  403.

 3         (d)  "Regulated activity" means any activity,

 4  including, but not limited to, the construction or operation

 5  of a facility, installation, system, or project for which a

 6  permit or certification is required by law.

 7         (e)  "Site" means a single parcel, or multiple

 8  contiguous or adjacent parcels, of land on which the applicant

 9  proposes to conduct, or has conducted, a regulated activity.

10         (4)  COMPLIANCE INCENTIVES.--In order to obtain

11  compliance incentives, the applicant must affirmatively

12  request such incentives as part of the permit application.

13  Unless otherwise prohibited by state or federal law, agency

14  rule, or federal regulation, and if the applicant meets all

15  other applicable criteria for the issuance of a permit, any

16  applicant who meets the criteria set forth in this subsection

17  is entitled to the following incentives:

18         (a)  Level 1 incentives criteria; application for a new

19  permit; rulemaking.--

20         1.  An applicant is entitled to incentives if the

21  activity is a new regulated activity and the applicant

22  conducted a similar regulated activity under an agency permit

23  at a different site in this state for at least 4 of the 5

24  years preceding submittal of the permit application. However,

25  an applicant is not entitled to incentives under this

26  paragraph if the applicant has a relevant compliance history

27  for a similar regulated activity which includes any violation

28  that resulted in enforcement action. If the applicant has

29  alleged violations at a different site which may result in

30  enforcement action and the alleged violations may result in

31  the potential for harm to human health or the environment, the

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    Florida Senate - 2007                                   SB 738
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 1  applicant is not entitled to incentives under this paragraph.

 2  However, if pending alleged violations that eliminate an

 3  applicant from receiving incentives under this paragraph are

 4  disposed of and the applicant is found not to have committed

 5  the alleged violation, incentives shall be available to the

 6  applicant. Alleged minor violations may not be considered

 7  under this paragraph.

 8         2.  Level 1 incentives include:

 9         a.  Expedited permit review.--The processing time

10  following receipt of a completed application shall be 75 days

11  for the issuance of the agency action.

12         b.  Extended permits.--Permits may be extended for 7

13  years if the applicant has conducted a similar regulated

14  activity at a site for 4 of the last 5 years.

15         3.  Within 6 months after the effective date of this

16  section, the agency shall initiate rulemaking to implement

17  Level 1 incentives. The rule must specify what incentives will

18  be made available, how applicants may qualify for incentives,

19  and how extended permits may be transferred. Until an

20  implementing rule is adopted, Level 1 incentives are not

21  available to permit applicants under this section.

22         (b)  Level 2 incentives criteria; application for

23  permit renewal; rulemaking.--

24         1.  An applicant for a renewal of a permit is entitled

25  to incentives pursuant to this paragraph if the applicant

26  conducted a regulated activity at the site in this state for

27  at least 4 of the last 5 years preceding submittal of an

28  application for renewal. An applicant is not entitled to

29  incentives under this paragraph if the applicant has a

30  relevant compliance history at the site which includes any

31  violation that resulted in enforcement action. If the

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    Florida Senate - 2007                                   SB 738
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 1  applicant has alleged violations at the site which may result

 2  in enforcement action and the alleged violations may result in

 3  the potential for harm to human health or the environment, the

 4  applicant is not entitled to incentives under this paragraph.

 5  However, if pending alleged violations that eliminate an

 6  applicant from receiving incentives under this paragraph are

 7  disposed of and the applicant is found not to have committed

 8  the alleged violation, incentives shall be available to the

 9  applicant. Alleged minor violations may not be considered

10  under this paragraph. In addition, an applicant for the

11  renewal of a permit is entitled to incentives pursuant to this

12  paragraph if the applicant takes any other actions at the site

13  which are not otherwise required by law and which result in:

14         a.  Beneficial reductions in actual or permitted

15  discharges or emissions;

16         b.  Beneficial reductions in the effects of regulated

17  activities on public lands or natural resources;

18         c.  Beneficial waste reduction or the reuse of waste

19  generated at the site;

20         d.  Implementation of a voluntary environmental

21  management system; or

22         e.  Other similar actions as determined by agency rule.

23         2.  Level 2 incentives include:

24         a.  Ten-year permits if the applicant has conducted a

25  regulated activity at the site for at least 5 years.

26         b.  Fewer routine inspections than required for other

27  regulated activities similarly situated.

28         c.  Short-form renewals of permits not involving

29  substantial modifications which may be made upon a shortened

30  application form specifying only the changes in the regulated

31  activity or a certification by the applicant that no changes

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 1  in the regulated activity are proposed if that is the case.

 2  Applicants for short-form renewals must complete and submit

 3  the prescribed compliance form with the application and remain

 4  subject to the compliance-history review of this section. All

 5  other requirements for renewal applications apply. This

 6  sub-subparagraph supplements any expedited-review process

 7  provided by agency rules.

 8         d.  Expedited review of requests for permit

 9  modifications.

10         e.  Agency recognition, program-specific incentives, or

11  certifications in lieu of renewal permits.

12         f.  No more than two requests for additional

13  information.

14         3.  Within 6 months after the effective date of this

15  section, the agency shall initiate rulemaking to implement

16  Level 2 incentives. The rule must specify what incentives will

17  be made available, how applicants may qualify for incentives,

18  and how extended permits may be transferred. Until an

19  implementing rule is adopted, Level 2 incentives are not

20  available to permit applicants under this section.

21         Section 2.  Subsection (5) is added to section 161.041,

22  Florida Statutes, to read:

23         161.041  Permits required.--

24         (5)  The Incentive-based Permitting Program in s.

25  403.0874 applies to all permits issued under this chapter.

26         Section 3.  Subsection (6) is added to section 373.413,

27  Florida Statutes, to read:

28         373.413  Permits for construction or alteration.--

29         (6)  The Incentive-based Permitting Program in s.

30  403.0874 applies to permits issued under this section.

31  

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    Florida Senate - 2007                                   SB 738
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 1         Section 4.  Subsection (7) of section 403.087, Florida

 2  Statutes, is amended, and subsection (10) is added to that

 3  section, to read:

 4         403.087  Permits; general issuance; denial; revocation;

 5  prohibition; penalty.--

 6         (7)  A permit issued pursuant to this section shall not

 7  become a vested right in the permittee.  The department may

 8  revoke any permit issued by it if it finds that the

 9  permitholder:

10         (a)  Has submitted material false or inaccurate

11  information in the his or her application for the permit;

12         (b)  Has violated law, department orders, rules, or

13  regulations, or permit conditions that are directly related to

14  the permit;

15         (c)  Has failed to submit operational reports or other

16  information required by department rule or regulation that are

17  directly related to the permit; or

18         (d)  Has refused lawful inspection under s. 403.091 at

19  the facility authorized by the permit.

20         (10)  The Incentive-based Permitting Program in s.

21  403.0874 applies to permits issued under this chapter.

22         Section 5.  This act shall take effect upon becoming a

23  law.

24  

25            *****************************************

26                          SENATE SUMMARY

27    Provides for an Incentive-based Permitting Program.
      Provides compliance incentives for certain environmental
28    permitting activities. Provides program requirements and
      limitations. Provides for administration of the program
29    by the Department of Environmental Protection. Requires
      the department to adopt rules. Specifies application of
30    program provisions. Revises criteria for issuance of
      department permits.
31  

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