HB 7013

1
A bill to be entitled
2An act relating to interagency agreements for the
3management of state water resources; amending s. 373.046,
4F.S.; removing obsolete language requiring the Secretary
5of Environmental Protection to submit a report relating to
6certain interagency agreements and environmental
7protection measures to the Legislature by a specified
8date; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Subsection (4) of section 373.046, Florida
13Statutes, is amended to read:
14     373.046  Interagency agreements.-
15     (4)  The Legislature recognizes and affirms the division of
16responsibilities between the department and the water management
17districts as set forth in ss. III. and X. of each of the
18operating agreements codified as rules 17-101.040(12)(a)3., 4.,
19and 5., Florida Administrative Code. Section IV.A.2.a. of each
20operating agreement regarding individual permit oversight is
21rescinded. The department shall be responsible for permitting
22those activities under part IV of this chapter which, because of
23their complexity and magnitude, need to be economically and
24efficiently evaluated at the state level, including, but not
25limited to, mining, hazardous waste management facilities and
26solid waste management facilities that do not qualify for a
27general permit under chapter 403. With regard to
28postcertification information submittals for activities
29authorized under chapters 341 and 403 siting act certifications,
30the department, after consultation with the appropriate water
31management district and other agencies having applicable
32regulatory jurisdiction, shall be responsible for determining
33the permittee's compliance with conditions of certification
34which were based upon the nonprocedural requirements of part IV
35of this chapter. The Legislature authorizes the water management
36districts and the department to modify the division of
37responsibilities referenced in this section and enter into
38further interagency agreements by rulemaking, including
39incorporation by reference, pursuant to chapter 120, to provide
40for greater efficiency and to avoid duplication in the
41administration of part IV of this chapter by designating certain
42activities which will be regulated by either the water
43management districts or the department. In developing such
44interagency agreements, the water management districts and the
45department should take into consideration the technical and
46fiscal ability of each water management district to implement
47all or some of the provisions of part IV of this chapter.
48Nothing herein rescinds or restricts the authority of the
49districts to regulate silviculture and agriculture pursuant to
50part IV of this chapter or s. 403.927. By December 10, 1993, the
51secretary of the department shall submit a report to the
52President of the Senate and the Speaker of the House of
53Representatives regarding the efficiency of the procedures and
54the division of responsibilities contemplated by this subsection
55and regarding progress toward the execution of further
56interagency agreements and the integration of permitting with
57sovereignty lands approval. The report also will consider the
58feasibility of improving the protection of the environment
59through comprehensive criteria for protection of natural
60systems.
61     Section 2.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.