| 1 | Representative T. Williams offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Section 373.4144, Florida Statutes, is amended |
| 6 | to read: |
| 7 | 373.4144 Federal environmental permitting.-- |
| 8 | (1) The Legislature intends to facilitate coordination and |
| 9 | a more efficient process of implementing regulatory duties and |
| 10 | functions between the Department of Environmental Protection, |
| 11 | the water management districts, the United States Army Corps of |
| 12 | Engineers, the United States Fish and Wildlife Service, the |
| 13 | National Marine Fisheries Service, the United States |
| 14 | Environmental Protection Agency, the Fish and Wildlife |
| 15 | Conservation Commission, and other relevant federal and state |
| 16 | agencies. The department is directed to develop, on or before |
| 17 | October 1, 2005, a mechanism or plan to consolidate, to the |
| 18 | maximum extent practicable, the federal and state wetland |
| 19 | permitting programs. It is the intent of the Legislature that |
| 20 | all dredge and fill activities impacting 10 acres or less of |
| 21 | wetlands or waters, including navigable waters, be processed by |
| 22 | the state as part of the environmental resource permitting |
| 23 | program implemented by the department and the water management |
| 24 | districts. The resulting mechanism or plan shall analyze and |
| 25 | propose the development of an expanded state programmatic |
| 26 | general permit program in conjunction with the United States |
| 27 | Army Corps of Engineers pursuant to s. 404 of the Clean Water |
| 28 | Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq., |
| 29 | and s. 10 of the Rivers and Harbors Act of 1899. Alternatively, |
| 30 | or in combination with an expanded state programmatic general |
| 31 | permit, the mechanism or plan may propose the creation of a |
| 32 | series of regional general permits issued by the United States |
| 33 | Army Corps of Engineers pursuant to the referenced statutes. All |
| 34 | of the regional general permits must be administered by the |
| 35 | department or the water management districts or their designees. |
| 36 | (2)(a) The department shall pursue the issuance by the |
| 37 | United States Army Corps of Engineers, pursuant to state and |
| 38 | federal law and as set forth in this section, of an expanded |
| 39 | state programmatic general permit or a series of regional |
| 40 | general permits for categories of activities in waters of the |
| 41 | United States governed by the Clean Water Act and in navigable |
| 42 | waters under the Rivers and Harbors Act of 1899, which are |
| 43 | similar in nature, which will cause only minimal adverse |
| 44 | environmental effects when performed separately, and which will |
| 45 | have only minimal cumulative adverse effects on the environment. |
| 46 | (b) The department is directed to: |
| 47 | 1. Use the mechanism of a state general permit or regional |
| 48 | general permits to eliminate overlapping federal regulations and |
| 49 | state rules that seek to protect the same resource and to avoid |
| 50 | duplication of permitting between the United States Army Corps |
| 51 | of Engineers and the department for minor work located in waters |
| 52 | of the United States, including navigable waters, thus |
| 53 | eliminating, in appropriate cases, the need for a separate |
| 54 | individual approval from the United States Army Corps of |
| 55 | Engineers while ensuring the most stringent protection of |
| 56 | wetland resources; and |
| 57 | 2. Not seek issuance of or take any action pursuant to any |
| 58 | such permits unless the conditions are at least as protective of |
| 59 | the environment and natural resources as existing state law |
| 60 | under this part and federal law under the Clean Water Act and |
| 61 | the Rivers and Harbors Act of 1899. |
| 62 | (c) The department shall report to the Legislature by |
| 63 | January 15 of each year on efforts to eliminate impediments to |
| 64 | achieving greater efficiencies through expansion of a state |
| 65 | programmatic general permit or regional general permits. |
| 66 | (3)(2) To effectuate efficient wetland permitting and |
| 67 | avoid duplication, the department and water management districts |
| 68 | may implement a voluntary state programmatic general permit for |
| 69 | all dredge and fill activities impacting 5 acres or less of |
| 70 | wetlands or other surface waters, including navigable waters, |
| 71 | subject to agreement with the United States Army Corps of |
| 72 | Engineers, if the general permit is at least as protective of |
| 73 | the environment and natural resources as existing state law |
| 74 | under this part and federal law under the Clean Water Act and |
| 75 | the Rivers and Harbors |
| 76 | Act of 1899. This subsection does not prevent the department or |
| 77 | water management districts from pursuing and implementing a |
| 78 | state programmatic permit for projects impacting more than 5 |
| 79 | acres of wetlands or other surface waters. The department is |
| 80 | directed to file with the Speaker of the House of |
| 81 | Representatives and the President of the Senate a report |
| 82 | proposing any required federal and state statutory changes that |
| 83 | would be necessary to accomplish the directives listed in this |
| 84 | section and to coordinate with the Florida Congressional |
| 85 | Delegation on any necessary changes to federal law to implement |
| 86 | the directives. |
| 87 | (4)(3) Nothing in This section does not shall be construed |
| 88 | to preclude the department from pursuing a series of regional |
| 89 | general permits for construction activities in wetlands or |
| 90 | surface waters or the complete assumption of federal permitting |
| 91 | programs regulating the discharge of dredged or fill material |
| 92 | pursuant to s. 404 of the Clean Water Act, Pub. L. No. 92-500, |
| 93 | as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers |
| 94 | and Harbors Act of 1899, so long as the assumption encompasses |
| 95 | all dredge and fill activities in, on, or over jurisdictional |
| 96 | wetlands or waters, including navigable waters, within the |
| 97 | state. |
| 98 | (5)(a) In order to assist in facilitating the objectives |
| 99 | of this section and to promote consistency between federal and |
| 100 | state mitigation requirements, the department and water |
| 101 | management districts shall compare their rules regarding |
| 102 | mitigation for adverse impacts to the mitigation rules of the |
| 103 | United States Army Corps of Engineers and the United States |
| 104 | Environmental Protection Agency in 73 Federal Register, pages |
| 105 | 19594-19705 (2008). The comparison shall be done in consultation |
| 106 | with appropriate representatives of the United States Army Corps |
| 107 | of Engineers and the United States Environmental Protection |
| 108 | Agency. After performing the comparison, the department and |
| 109 | water management districts shall: |
| 110 | 1. Identify any inconsistent or contradictory provisions; |
| 111 | and |
| 112 | 2. Recommend appropriate revisions to the rules of the |
| 113 | department or water management districts to reduce inconsistent |
| 114 | or contradictory requirements in such a manner that will not |
| 115 | lessen environmental protection. The recommendations shall |
| 116 | include a consideration for increasing the geographic size of |
| 117 | drainage basins and regional watersheds to facilitate or reflect |
| 118 | a watershed approach to mitigation. |
| 119 | (b) The department and water management districts shall |
| 120 | submit a consolidated report regarding the requirements of this |
| 121 | subsection to the Governor, the Chair of the Senate |
| 122 | Environmental Preservation and Conservation Committee, and the |
| 123 | Chair of the House Agriculture and Natural Resources Policy |
| 124 | Committee by January 15, 2010. If the department and water |
| 125 | management districts believe any conflicting state law prevents |
| 126 | them from amending their rules to achieve the objectives of this |
| 127 | subsection, the report must identify such law and explain why it |
| 128 | prevents a rule amendment to achieve the objectives of this |
| 129 | subsection. |
| 130 | Section 2. Subsection (19) of section 373.4211, Florida |
| 131 | Statutes, is amended to read: |
| 132 | 373.4211 Ratification of chapter 17-340, Florida |
| 133 | Administrative Code, on the delineation of the landward extent |
| 134 | of wetlands and surface waters.--Pursuant to s. 373.421, the |
| 135 | Legislature ratifies chapter 17-340, Florida Administrative |
| 136 | Code, approved on January 13, 1994, by the Environmental |
| 137 | Regulation Commission, with the following changes: |
| 138 | (19)(a) Rule 17-340.450(3) is amended by adding, after the |
| 139 | species list, the following language: |
| 140 | "Within Monroe County and the Key Largo portion of Miami- |
| 141 | Dade County only, the following species shall be listed as |
| 142 | facultative: Alternanthera paronychioides, Byrsonima lucida, |
| 143 | Ernodea littoralis, Guapira discolor, Marnilkara bahamensis, |
| 144 | Pisonis rotundata, Pithecellobium keyensis, Pithecellobium |
| 145 | unquis-cati, Randia aculeata, Reynosia septentrionalis, and |
| 146 | Thrinax radiata." |
| 147 | (b) Pursuant to s. 373.421 and subject to the conditions |
| 148 | described in this paragraph, the Legislature ratifies the |
| 149 | changes to rule 62-340.450(3), Florida Administrative Code, |
| 150 | approved on February 23, 2006, by the Environmental Regulation |
| 151 | Commission which added slash pine (Pinus elliottii) and |
| 152 | gallberry (Ilex glabra) to the list of facultative plants. |
| 153 | However, this ratification and the rule revision will not take |
| 154 | effect until a voluntary state programmatic general permit for |
| 155 | all dredge and fill activities affecting 5 acres or less of |
| 156 | wetlands or other surface waters is implemented as provided in |
| 157 | s. 373.4144(3). |
| 158 | (c) Unless the holder of a valid permit elects to use the |
| 159 | delineation line as amended to add slash pine (Pinus elliottii) |
| 160 | and gallberry (Ilex glabra) to the list of facultative plants, |
| 161 | the surface water and wetland delineations identified and |
| 162 | approved by a permit issued under rules adopted under this part |
| 163 | before July 1, 2009, remain valid until expiration of the |
| 164 | permit, notwithstanding the changes to rule 62-340.450(3), |
| 165 | Florida Administrative Code, as described in this subsection. |
| 166 | For purposes of this paragraph, the term "identified and |
| 167 | approved" means: |
| 168 | 1. The delineation was field-verified by the permitting |
| 169 | agency and such verification was surveyed as part of the |
| 170 | application review process for the permit; or |
| 171 | 2. The delineation was field-verified by the permitting |
| 172 | agency and approved pursuant to the permit. |
| 173 |
|
| 174 | Where surface water and wetland delineations were not identified |
| 175 | and approved pursuant to the permit issued under rules adopted |
| 176 | under this part, delineations within the geographical area to |
| 177 | which the permit applies shall be determined pursuant to the |
| 178 | rules applicable at the time the permit was issued, |
| 179 | notwithstanding the changes to rule 62-340.450(3), Florida |
| 180 | Administrative Code, as described in this subsection. This |
| 181 | paragraph also applies to any modification of the permit issued |
| 182 | under rules adopted pursuant to this part which does not |
| 183 | constitute a substantial modification within the geographical |
| 184 | area to which the permit applies. |
| 185 | (d) Unless the petitioner elects to use the delineation |
| 186 | line as amended to add slash pine (Pinus elliottii) and |
| 187 | gallberry (Ilex glabra) to the list of facultative plants, any |
| 188 | declaratory statement issued by the department under s. 403.914, |
| 189 | 1984 Supplement to the Florida Statutes 1983 as amended, |
| 190 | pursuant to rules adopted thereunder, or formal determination |
| 191 | issued by the department or a water management district under s. |
| 192 | 373.421, in response to a petition filed on or before July 1, |
| 193 | 2009, shall continue to be valid for the duration of such |
| 194 | declaratory statement or formal determination. Any petition |
| 195 | pending on or before July 1, 2009, is exempt from the changes to |
| 196 | rule 62-340.450(3), Florida Administrative Code, as described in |
| 197 | this subsection, and is subject to the provisions of chapter 62- |
| 198 | 340, Florida Administrative Code, in effect prior to such |
| 199 | change. Activities proposed within the boundaries of a valid |
| 200 | declaratory statement or formal determination issued pursuant to |
| 201 | a petition submitted to the department or the relevant water |
| 202 | management district on or before July 1, 2009, or within the |
| 203 | boundaries of a revalidated jurisdictional determination prior |
| 204 | to its expiration, shall continue to be exempt after July 1, |
| 205 | 2009 from the changes to rule 62-340.450(3), Florida |
| 206 | Administrative Code, as described in this subsection. |
| 207 | Section 3. Section 125.0112, Florida Statutes, is created |
| 208 | to read: |
| 209 | 125.0112 Biofuels and renewable energy.--The construction |
| 210 | and operation of a biofuel processing facility or a renewable |
| 211 | energy generating facility, as defined in s. 366.91(2)(d), and |
| 212 | the cultivation and production of bioenergy, as defined in s. |
| 213 | 570.957(1)(a), may be considered by a local government to be a |
| 214 | valid industrial, agricultural, and silvicultural use permitted |
| 215 | within those land use categories in the local comprehensive land |
| 216 | use plan. If the local comprehensive plan does not specifically |
| 217 | allow for the construction of a biofuel processing facility or |
| 218 | renewable energy facility, the local government shall establish |
| 219 | a specific review process that may include expediting local |
| 220 | review of any necessary comprehensive plan amendment, zoning |
| 221 | change, use permit, waiver, variance, or special exemption. |
| 222 | Local expedited review of a proposed biofuel processing facility |
| 223 | or a renewable energy facility does not obligate a local |
| 224 | government to approved such proposed use. A comprehensive plan |
| 225 | amendment necessary to accommodate a biofuel processing facility |
| 226 | or renewable energy facility shall, if approved by the local |
| 227 | government, be eligible for the alternative state review process |
| 228 | in s. 163.32465. The construction and operation of a facility |
| 229 | and related improvements on a portion of a property under this |
| 230 | section may not affect the remainder of the property's |
| 231 | classification as agricultural under s. 193.461. |
| 232 | Section 4. Subsection (6) is added to section 373.236, |
| 233 | Florida Statutes, to read: |
| 234 | 373.236 Duration of permits; compliance reports.-- |
| 235 | (6) A permit that is approved for the use of water for a |
| 236 | renewable energy operating facility or for cultivating |
| 237 | agricultural products on lands consisting of 1,000 acres or more |
| 238 | for renewable energy, as defined in s. 366.91(2)(d), shall, upon |
| 239 | the applicant's request, be granted for a term of at least 25 |
| 240 | years based on the anticipated life of the facility if there is |
| 241 | sufficient data to provide reasonable assurance that the |
| 242 | conditions for issuing a permit will be met for the duration of |
| 243 | the permit. However, a permit may be issued for a shorter |
| 244 | duration that reflects the longest period for which such |
| 245 | reasonable assurances are provided. The permittee shall provide |
| 246 | a compliance report every 5 years during the term of the permit |
| 247 | as required under subsection (4). |
| 248 | Section 5. Subsection (4) of section 373.243, Florida |
| 249 | Statutes, is amended to read: |
| 250 | 373.243 Revocation of permits.--The governing board or the |
| 251 | department may revoke a permit as follows: |
| 252 | (4) For nonuse of the water supply allowed by the permit |
| 253 | for a period of 2 years or more, the governing board or the |
| 254 | department may revoke the permit permanently and in whole unless |
| 255 | the user can prove that his or her nonuse was due to extreme |
| 256 | hardship caused by factors beyond the user's control. However, |
| 257 | for a permit with a duration determined under s. 373.236(6), the |
| 258 | governing board or the department may revoke the permit only if |
| 259 | the nonuse of the water supply allowed by the permit is for a |
| 260 | period of 4 years or more. |
| 261 | Section 6. Subsections (3), (4), (7), and (11), paragraph |
| 262 | (b) of subsection (13), paragraph (b) of subsection (14), |
| 263 | subsection (15), and paragraph (b) of subsection (19) of section |
| 264 | 403.973, Florida Statutes, are amended to read: |
| 265 | 403.973 Expedited permitting; comprehensive plan |
| 266 | amendments.-- |
| 267 | (3)(a) The Governor, through the office, shall direct the |
| 268 | creation of regional permit action teams, for the purpose of |
| 269 | expediting review of permit applications and local comprehensive |
| 270 | plan amendments submitted by: |
| 271 | 1. Businesses creating at least 100 jobs, or |
| 272 | 2. Businesses creating at least 50 jobs if the project is |
| 273 | located in an enterprise zone, or in a county having a |
| 274 | population of less than 75,000 or in a county having a |
| 275 | population of less than 100,000 which is contiguous to a county |
| 276 | having a population of less than 75,000, as determined by the |
| 277 | most recent decennial census, residing in incorporated and |
| 278 | unincorporated areas of the county., or |
| 279 | (b) On a case-by-case basis and at the request of a county |
| 280 | or municipal government, the office may certify as eligible for |
| 281 | expedited review a project not meeting the minimum job creation |
| 282 | thresholds but creating a minimum of 10 jobs. The recommendation |
| 283 | from the governing body of the county or municipality in which |
| 284 | the project may be located is required in order for the office |
| 285 | to certify that any project is eligible for expedited review |
| 286 | under this paragraph. When considering projects that do not meet |
| 287 | the minimum job creation thresholds but that are recommended by |
| 288 | the governing body in which the project may be located, the |
| 289 | office shall consider economic impact factors that include, but |
| 290 | are not limited to: |
| 291 | 1. The proposed wage and skill levels relative to those |
| 292 | existing in the area in which the project may be located; |
| 293 | 2. The project's potential to diversify and strengthen the |
| 294 | area's economy; |
| 295 | 3. The amount of capital investment; and |
| 296 | 4. The number of jobs that will be made available for |
| 297 | persons served by the welfare transition program. |
| 298 | (c) At the request of a county or municipal government, |
| 299 | the office or a Quick Permitting County may certify projects |
| 300 | located in counties where the ratio of new jobs per participant |
| 301 | in the welfare transition program, as determined by Workforce |
| 302 | Florida, Inc., is less than one or otherwise critical, as |
| 303 | eligible for the expedited permitting process. Such projects |
| 304 | must meet the numerical job creation criteria of this |
| 305 | subsection, but the jobs created by the project do not have to |
| 306 | be high-wage jobs that diversify the state's economy. |
| 307 | (d) Projects located in a designated brownfield area are |
| 308 | eligible for the expedited permitting process. |
| 309 | (e) Projects that are part of the state-of-the-art |
| 310 | biomedical research institution and campus to be established in |
| 311 | this state by the grantee under s. 288.955 are eligible for the |
| 312 | expedited permitting process, if the projects are designated as |
| 313 | part of the institution or campus by the board of county |
| 314 | commissioners of the county in which the institution and campus |
| 315 | are established. |
| 316 | (f) Projects that result in the production of biofuels |
| 317 | cultivated on lands consisting of 1,000 acres or more, or in the |
| 318 | construction of a biofuel or biodiesel processing facility or |
| 319 | renewable energy generating facility as defined in s. |
| 320 | 366.91(2)(d), are eligible for the expedited permitting process. |
| 321 | (4) The regional teams shall be established through the |
| 322 | execution of memoranda of agreement developed by the applicant |
| 323 | and between the office with input solicited from and the |
| 324 | respective heads of the Department of Environmental Protection, |
| 325 | the Department of Community Affairs, the Department of |
| 326 | Transportation and its district offices, the Department of |
| 327 | Agriculture and Consumer Services, the Fish and Wildlife |
| 328 | Conservation Commission, appropriate regional planning councils, |
| 329 | appropriate water management districts, and voluntarily |
| 330 | participating municipalities and counties. The memoranda of |
| 331 | agreement must should also accommodate participation in the this |
| 332 | expedited process by other local governments and federal |
| 333 | agencies as circumstances warrant. |
| 334 | (7) An appeal At the option of the participating local |
| 335 | government, appeals of a local government's its final approval |
| 336 | for a project must may be conducted pursuant to the summary |
| 337 | hearing provisions in of s. 120.574, pursuant to subsection |
| 338 | (14), and consolidated with the challenge of applicable state |
| 339 | agency actions, if any or pursuant to other appellate processes |
| 340 | available to the local government. The local government's |
| 341 | decision to enter into a summary hearing must be made as |
| 342 | provided in s. 120.574 or in the memorandum of agreement. |
| 343 | (11) The standard form memorandum memoranda of agreement |
| 344 | must shall include guidelines to be used in working with state, |
| 345 | regional, and local permitting authorities. Guidelines may |
| 346 | include, but are not limited to, the following: |
| 347 | (a) A central contact point for filing permit applications |
| 348 | and local comprehensive plan amendments and for obtaining |
| 349 | information on permit and local comprehensive plan amendment |
| 350 | requirements; |
| 351 | (b) Identification of the individual or individuals within |
| 352 | each respective agency who will be responsible for processing |
| 353 | the expedited permit application or local comprehensive plan |
| 354 | amendment for the that agency; |
| 355 | (c) A mandatory preapplication review process to reduce |
| 356 | permitting conflicts by providing guidance to applicants |
| 357 | regarding the permits needed from each agency and governmental |
| 358 | entity, site planning and development, site suitability and |
| 359 | limitations, facility design, and steps the applicant can take |
| 360 | to ensure expeditious permit application and local comprehensive |
| 361 | plan amendment review. As a part of the this process, the first |
| 362 | interagency meeting to discuss a project shall be held within 14 |
| 363 | days after the office's determination that the project is |
| 364 | eligible for expedited review. Subsequent interagency meetings |
| 365 | may be scheduled to accommodate the needs of participating local |
| 366 | governments that are unable to meet public notice requirements |
| 367 | for executing a memorandum of agreement within the this |
| 368 | timeframe. Such This accommodation may not exceed 45 days from |
| 369 | the office's determination that the project is eligible for |
| 370 | expedited review; |
| 371 | (d) The preparation of a single coordinated project |
| 372 | description form and checklist and an agreement by state and |
| 373 | regional agencies to reduce the burden on an applicant to |
| 374 | provide duplicate information to multiple agencies; |
| 375 | (e) Establishment of A process for the adoption and review |
| 376 | of any comprehensive plan amendment needed by any certified |
| 377 | project within 90 days after the submission of an application |
| 378 | for a comprehensive plan amendment. However, the memorandum of |
| 379 | agreement may not prevent affected persons as defined in s. |
| 380 | 163.3184 from appealing or participating in the this expedited |
| 381 | plan amendment process and any review or appeals of decisions |
| 382 | made under this paragraph; and |
| 383 | (f) Additional incentives for an applicant who proposes a |
| 384 | project that provides a net ecosystem benefit. |
| 385 | (13) Notwithstanding any other provisions of law: |
| 386 | (b) Projects that are qualified under this section are not |
| 387 | subject to interstate highway level-of-service standards adopted |
| 388 | by the Department of Transportation for concurrency purposes. |
| 389 | The memorandum of agreement specified in subsection (5) must |
| 390 | include a process by which the applicant will be assessed a fair |
| 391 | share of the cost of mitigating the project's significant |
| 392 | traffic impacts, as defined in chapter 380 and related rules. |
| 393 | The agreement must also specify whether the significant traffic |
| 394 | impacts on the interstate system will be mitigated through the |
| 395 | implementation of a project or payment of funds to the |
| 396 | Department of Transportation. If Where funds are paid, the |
| 397 | Department of Transportation must include in the 5-year work |
| 398 | program transportation projects or project phases, in an amount |
| 399 | equal to the funds received, to mitigate the traffic impacts |
| 400 | associated with the proposed project. |
| 401 | (14) |
| 402 | (b) Challenges to state agency action in the expedited |
| 403 | permitting process for establishment of a state-of-the-art |
| 404 | biomedical research institution and campus in the this state by |
| 405 | the grantee under s. 288.955 or a project identified in |
| 406 | paragraph (3)(f) are subject to the same requirements as |
| 407 | challenges brought under paragraph (a), except that, |
| 408 | notwithstanding s. 120.574, summary proceedings must be |
| 409 | conducted within 30 days after a party files the motion for |
| 410 | summary hearing, regardless of whether the parties agree to the |
| 411 | summary proceeding. |
| 412 | (15) The office, working with the agencies that provide |
| 413 | input to participating in the memoranda of agreement, shall |
| 414 | review sites proposed for the location of facilities eligible |
| 415 | for the Innovation Incentive Program under s. 288.1089. Within |
| 416 | 20 days after the request for the review by the office, the |
| 417 | agencies shall provide to the office a statement as to each |
| 418 | site's necessary permits under local, state, and federal law and |
| 419 | an identification of significant permitting issues, which if |
| 420 | unresolved, may result in the denial of an agency permit or |
| 421 | approval or any significant delay caused by the permitting |
| 422 | process. |
| 423 | (19) The following projects are ineligible for review |
| 424 | under this part: |
| 425 | (b) A project, the primary purpose of which is to: |
| 426 | 1. Effect the final disposal of solid waste, biomedical |
| 427 | waste, or hazardous waste in this state. |
| 428 | 2. Produce electrical power, unless the production of |
| 429 | electricity is incidental and not the primary function of the |
| 430 | project or the electrical power is derived from a renewable |
| 431 | energy fuel source as defined in s. 366.91(2)(d). |
| 432 | 3. Extract natural resources. |
| 433 | 4. Produce oil. |
| 434 | 5. Construct, maintain, or operate an oil, petroleum, |
| 435 | natural gas, or sewage pipeline. |
| 436 | Section 7. This act shall take effect July 1, 2009. |
| 437 |
|
| 438 |
|
| 439 | ----------------------------------------------------- |
| 440 | T I T L E A M E N D M E N T |
| 441 | Remove the entire title and insert: |
| 442 | A bill to be entitled |
| 443 | An act relating to environmental permitting; amending s. |
| 444 | 373.4144, F.S.; providing legislative intent; requiring |
| 445 | the Department of Environmental Protection to pursue the |
| 446 | issuance of a state programmatic permit or regional |
| 447 | general permits from the United States Army Corps of |
| 448 | Engineers; revising provisions requiring the Department of |
| 449 | Environmental Protection to develop and use a mechanism |
| 450 | consolidating federal and state wetland permitting |
| 451 | programs; authorizing implementation of a state |
| 452 | programmatic general permit or regional general permits by |
| 453 | the department and water management districts for certain |
| 454 | dredge and fill activities; specifying conditions |
| 455 | applicable to such permits; amending s. 373.4211, F.S.; |
| 456 | delaying the effective date of a rule adding slash pine |
| 457 | and gallberry to the list of facultative plants; revising |
| 458 | provisions concerning the methodologies used to delineate |
| 459 | the landward extent of wetlands and surface waters; |
| 460 | revising provisions concerning the vegetative index used |
| 461 | to delineate the landward extent of wetlands and surface |
| 462 | waters; providing for permit modification under certain |
| 463 | circumstances; providing for certain declaratory |
| 464 | statements or formal jurisdictional determinations from |
| 465 | the department or a water management district; providing |
| 466 | exemptions for certain permit petitions and applications |
| 467 | relating to specified activities; creating ss. 125.0112, |
| 468 | F.S.; providing that the construction and operation of a |
| 469 | biofuel processing facility or a renewable energy |
| 470 | generating facility and the cultivation and production of |
| 471 | bioenergy may be considered a valid industrial, |
| 472 | agricultural, and silvicultural use for purposes of any |
| 473 | local comprehensive plan; providing for a local government |
| 474 | to establish an expedited review process under certain |
| 475 | circumstances; providing that local expedited review does |
| 476 | not obligate a local government to approve proposed uses; |
| 477 | providing for alternative state review of certain plan |
| 478 | amendments; providing the construction and operation of |
| 479 | certain facilities may not affect classification of |
| 480 | property for ad valorem tax purposes; amending s. 373.236, |
| 481 | F.S.; requiring that a permit for the use of water for |
| 482 | cultivating agricultural products and renewable energy be |
| 483 | granted for a specified number of years if certain |
| 484 | conditions are met; providing requirements for permittees; |
| 485 | providing an exemption; amending s. 403.973, F.S.; |
| 486 | providing for the expedited review of permit applications |
| 487 | for projects resulting in the production of biofuels or in |
| 488 | the construction of a biofuel or biodiesel processing |
| 489 | facility or renewable energy generating facility; |
| 490 | clarifying provisions relating to memoranda of agreement |
| 491 | which establish regional teams for the expedited review of |
| 492 | such applications; providing an effective date. |