Florida Senate - 2011 CS for CS for SB 934 By the Committees on Community Affairs; and Environmental Preservation and Conservation; and Senator Storms 578-03778-11 2011934c2 1 A bill to be entitled 2 An act relating to stormwater management permits; 3 amending s. 218.075, F.S.; allowing an entity created 4 by special act, local ordinance, or interlocal 5 agreement of a county or municipality to receive 6 certain reduced or waived permit processing fees; 7 amending s. 373.118, F.S.; requiring that the 8 Department of Environmental Protection initiate 9 rulemaking to adopt a general permit for stormwater 10 management systems serving airside activities at 11 airports; providing for statewide application of the 12 general permit; providing for any water management 13 district or delegated local government to administer 14 the general permit; providing that the rules are not 15 subject to any special rulemaking requirements 16 relating to small business; creating s. 373.4131, 17 F.S.; authorizing certain municipalities and counties 18 to adopt stormwater adaptive management plans and 19 obtain conceptual permits for urban redevelopment 20 projects; providing requirements for establishment of 21 such permits by water management districts in 22 consultation with the Department of Environmental 23 Protection; providing that certain urban redevelopment 24 projects qualify for a noticed general permit; 25 providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Section 218.075, Florida Statutes, is amended to 30 read: 31 218.075 Reduction or waiver of permit processing fees. 32 Notwithstanding any other provision of law, the Department of 33 Environmental Protection and the water management districts 34 shall reduce or waive permit processing fees for counties with a 35 population of 50,000 or fewer
lesson April 1, 1994, until such 36 counties exceed a population of 75,000 and municipalities with a 37 population of 25,000 or fewer; an entity created by special act, 38 local ordinance, or interlocal agreement of such counties or 39 municipalities; less,or any county or municipality not included 40 within a metropolitan statistical area. Fee reductions or 41 waivers shall be approved on the basis of fiscal hardship or 42 environmental need for a particular project or activity. The 43 governing body must certify that the cost of the permit 44 processing fee is a fiscal hardship due to one of the following 45 factors: 46 (1) Per capita taxable value is less than the statewide 47 average for the current fiscal year; 48 (2) Percentage of assessed property value that is exempt 49 from ad valorem taxation is higher than the statewide average 50 for the current fiscal year; 51 (3) Any condition specified in s. 218.503(1) which results 52 in the county or municipality being in a state of financial 53 emergency; 54 (4) Ad valorem operating millage rate for the current 55 fiscal year is greater than 8 mills; or 56 (5) A financial condition that is documented in annual 57 financial statements at the end of the current fiscal year and 58 indicates an inability to pay the permit processing fee during 59 that fiscal year. 60 61 The permit applicant must be the governing body of a county or 62 municipality, ora third party under contract with a county or 63 municipality, or an entity created by special act, local 64 ordinance, or interlocal agreement and the project for which the 65 fee reduction or waiver is sought must serve a public purpose. 66 If a permit processing fee is reduced, the total fee may shall67 not exceed $100. 68 Section 2. Subsection (6) is added to section 373.118, 69 Florida Statutes, to read: 70 373.118 General permits; delegation.— 71 (6) By July 1, 2011, the department shall initiate 72 rulemaking to adopt a general permit for stormwater management 73 systems serving airside activities at airports. The general 74 permit applies statewide and shall be administered by any water 75 management district or any delegated local government pursuant 76 to the operating agreements applicable to part IV of this 77 chapter, with no additional rulemaking required. These rules are 78 not subject to any special rulemaking requirements related to 79 small business. 80 Section 3. Section 373.4131, Florida Statutes, is created 81 to read: 82 373.4131 Conceptual permits for urban redevelopment 83 projects.— 84 (1) A municipality or county that has created a community 85 redevelopment area or an urban infill and redevelopment area 86 pursuant to chapter 163 may adopt a stormwater adaptive 87 management plan that addresses the quantity and quality of 88 stormwater discharges for the area and may obtain a conceptual 89 permit from the water management district or the Department of 90 Environmental Protection. 91 (2) The conceptual permit shall be established by a water 92 management district in consultation with the department and: 93 (a) Must allow for the rate and volume of stormwater 94 discharges for stormwater management systems of urban 95 redevelopment projects located within a community redevelopment 96 area created under part III of chapter 163 or an urban infill 97 and redevelopment area designated under s. 163.2517 to continue 98 up to the maximum rate and volume of stormwater discharges 99 within the area as of the date the stormwater adaptive 100 management plan was adopted. 101 (b) Must presume that stormwater discharges for stormwater 102 management systems of urban redevelopment projects located 103 within a community redevelopment area created under part III of 104 chapter 163 or an urban infill and redevelopment area designated 105 under s. 163.2517 which demonstrate a net improvement of the 106 quality of the discharged water that existed as of the date the 107 stormwater adaptive management plan was adopted for any 108 applicable pollutants of concern in the receiving water body do 109 not cause or contribute to violations of water quality criteria. 110 (c) May not prescribe additional or more stringent 111 limitations concerning the quantity and quality of stormwater 112 discharges from stormwater management systems than provided in 113 this section. 114 (d) Shall be issued for a duration of 20 years, unless a 115 shorter duration is requested by the applicant. 116 (3) Urban redevelopment projects that meet the criteria 117 established in the conceptual permit pursuant to this section 118 qualify for a noticed general permit that authorizes 119 construction and operation for the duration of the conceptual 120 permit. 121 Section 4. This act shall take effect July 1, 2011.