Bill No. CS/CS/CS/HB 991
Amendment No. 901731
Senate House

1Representative Patronis offered the following:
3     Amendment
4     Remove lines 1206-1237 and insert:
5     (3)  A county or municipality having a population of
6400,000 or more that implements a local pollution control
7program regulating all or a portion of the wetlands or surface
8waters throughout its geographic boundary must apply for
9delegation of state environmental resource permitting authority
10on or before January 1, 2013. If such a county or municipality
11fails to receive delegation of all or a portion of state
12environmental resource permitting authority within 2 years after
13submitting its application for delegation or by January 1, 2015,
14at the latest, it may not require permits that in part or in
15full are substantially similar to the requirements needed to
16obtain an environmental resource permit. A county or
17municipality that has received delegation before January 1,
182013, does not need to reapply.
19     (4)  The department is responsible for all delegations of
20state environmental resource permitting authority to local
21governments. The department must grant or deny an application
22for delegation submitted by a county or municipality that meets
23the criteria in subsection (3) within 2 years after the receipt
24of the application. If an application for delegation is denied,
25any available legal challenge to such denial shall toll the
26preemption deadline until resolution of the legal challenge.
27Upon delegation to a qualified local government, the department
28and water management district may not regulate the activities
29subject to the delegation within that jurisdiction.
30     (5)  This section does not prohibit or limit a local
31government that meets the criteria in subsection (3) from
32regulating wetlands or surface waters after January 1, 2013, if
33the local government receives delegation of all or a portion of
34state environmental resource permitting authority within 2 years

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