1 | Representative Patronis offered the following: |
2 |
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3 | Amendment |
4 | Remove lines 1206-1237 and insert: |
5 | (3) A county or municipality having a population of |
6 | 400,000 or more that implements a local pollution control |
7 | program regulating all or a portion of the wetlands or surface |
8 | waters throughout its geographic boundary must apply for |
9 | delegation of state environmental resource permitting authority |
10 | on or before January 1, 2013. If such a county or municipality |
11 | fails to receive delegation of all or a portion of state |
12 | environmental resource permitting authority within 2 years after |
13 | submitting its application for delegation or by January 1, 2015, |
14 | at the latest, it may not require permits that in part or in |
15 | full are substantially similar to the requirements needed to |
16 | obtain an environmental resource permit. A county or |
17 | municipality that has received delegation before January 1, |
18 | 2013, does not need to reapply. |
19 | (4) The department is responsible for all delegations of |
20 | state environmental resource permitting authority to local |
21 | governments. The department must grant or deny an application |
22 | for delegation submitted by a county or municipality that meets |
23 | the criteria in subsection (3) within 2 years after the receipt |
24 | of the application. If an application for delegation is denied, |
25 | any available legal challenge to such denial shall toll the |
26 | preemption deadline until resolution of the legal challenge. |
27 | Upon delegation to a qualified local government, the department |
28 | and water management district may not regulate the activities |
29 | subject to the delegation within that jurisdiction. |
30 | (5) This section does not prohibit or limit a local |
31 | government that meets the criteria in subsection (3) from |
32 | regulating wetlands or surface waters after January 1, 2013, if |
33 | the local government receives delegation of all or a portion of |
34 | state environmental resource permitting authority within 2 years |