1 | A bill to be entitled |
2 | An act relating to interagency agreements for the |
3 | management of state water resources; amending s. 373.046, |
4 | F.S.; removing obsolete language requiring the Secretary |
5 | of Environmental Protection to submit a report relating to |
6 | certain interagency agreements and environmental |
7 | protection measures to the Legislature by a specified |
8 | date; providing an effective date. |
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10 | Be It Enacted by the Legislature of the State of Florida: |
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12 | Section 1. Subsection (4) of section 373.046, Florida |
13 | Statutes, is amended to read: |
14 | 373.046 Interagency agreements.- |
15 | (4) The Legislature recognizes and affirms the division of |
16 | responsibilities between the department and the water management |
17 | districts as set forth in ss. III. and X. of each of the |
18 | operating agreements codified as rules 17-101.040(12)(a)3., 4., |
19 | and 5., Florida Administrative Code. Section IV.A.2.a. of each |
20 | operating agreement regarding individual permit oversight is |
21 | rescinded. The department shall be responsible for permitting |
22 | those activities under part IV of this chapter which, because of |
23 | their complexity and magnitude, need to be economically and |
24 | efficiently evaluated at the state level, including, but not |
25 | limited to, mining, hazardous waste management facilities and |
26 | solid waste management facilities that do not qualify for a |
27 | general permit under chapter 403. With regard to |
28 | postcertification information submittals for activities |
29 | authorized under chapters 341 and 403 siting act certifications, |
30 | the department, after consultation with the appropriate water |
31 | management district and other agencies having applicable |
32 | regulatory jurisdiction, shall be responsible for determining |
33 | the permittee's compliance with conditions of certification |
34 | which were based upon the nonprocedural requirements of part IV |
35 | of this chapter. The Legislature authorizes the water management |
36 | districts and the department to modify the division of |
37 | responsibilities referenced in this section and enter into |
38 | further interagency agreements by rulemaking, including |
39 | incorporation by reference, pursuant to chapter 120, to provide |
40 | for greater efficiency and to avoid duplication in the |
41 | administration of part IV of this chapter by designating certain |
42 | activities which will be regulated by either the water |
43 | management districts or the department. In developing such |
44 | interagency agreements, the water management districts and the |
45 | department should take into consideration the technical and |
46 | fiscal ability of each water management district to implement |
47 | all or some of the provisions of part IV of this chapter. |
48 | Nothing herein rescinds or restricts the authority of the |
49 | districts to regulate silviculture and agriculture pursuant to |
50 | part IV of this chapter or s. 403.927. By December 10, 1993, the |
51 | secretary of the department shall submit a report to the |
52 | President of the Senate and the Speaker of the House of |
53 | Representatives regarding the efficiency of the procedures and |
54 | the division of responsibilities contemplated by this subsection |
55 | and regarding progress toward the execution of further |
56 | interagency agreements and the integration of permitting with |
57 | sovereignty lands approval. The report also will consider the |
58 | feasibility of improving the protection of the environment |
59 | through comprehensive criteria for protection of natural |
60 | systems. |
61 | Section 2. This act shall take effect July 1, 2010. |