Florida Senate - 2012 SB 602 By Senator Storms 10-00623A-12 2012602__ 1 A bill to be entitled 2 An act relating to environmental permits; amending s. 3 218.075, F.S.; providing for an entity created by 4 special act, local ordinance, or interlocal agreement 5 of a county or municipality to receive certain reduced 6 or waived permit processing fees; requiring that the 7 project for which such fee reduction or waiver is 8 sought serves a public purpose; amending s. 373.118, 9 F.S.; requiring that the Department of Environmental 10 Protection initiate rulemaking to adopt a general 11 permit for stormwater management systems serving 12 airside activities at airports; providing for 13 statewide application of the general permit; providing 14 for any water management district or delegated local 15 government to administer the general permit; providing 16 that the rules are not subject to any special 17 rulemaking requirements relating to small business; 18 creating s. 373.4131, F.S.; authorizing certain 19 municipalities and counties to adopt stormwater 20 management plans and obtain conceptual permits for 21 urban redevelopment projects; defining the term 22 “stormwater management plan”; requiring the Department 23 of Environmental Protection and water management 24 districts to establish conceptual permits for urban 25 redevelopment projects; providing permit requirements; 26 providing that certain urban redevelopment projects 27 qualify for a general permit; providing an effective 28 date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Section 218.075, Florida Statutes, is amended to 33 read: 34 218.075 Reduction or waiver of permit processing fees. 35 Notwithstanding any other provision of law, the Department of 36 Environmental Protection and the water management districts 37 shall reduce or waive permit processing fees for counties with a 38 population of 50,000 or fewer
lesson April 1, 1994, until such 39 counties exceed a population of 75,000 and municipalities with a 40 population of 25,000 or fewer; an entity created by special act, 41 local ordinance, or interlocal agreement of such counties or 42 municipalities; less,or any county or municipality not included 43 within a metropolitan statistical area. Fee reductions or 44 waivers shall be approved on the basis of fiscal hardship or 45 environmental need for a particular project or activity. The 46 governing body must certify that the cost of the permit 47 processing fee is a fiscal hardship due to one of the following 48 factors: 49 (1) Per capita taxable value is less than the statewide 50 average for the current fiscal year; 51 (2) Percentage of assessed property value that is exempt 52 from ad valorem taxation is higher than the statewide average 53 for the current fiscal year; 54 (3) Any condition specified in s. 218.503(1) which results 55 in the county or municipality being in a state of financial 56 emergency; 57 (4) Ad valorem operating millage rate for the current 58 fiscal year is greater than 8 mills; or 59 (5) A financial condition that is documented in annual 60 financial statements at the end of the current fiscal year and 61 indicates an inability to pay the permit processing fee during 62 that fiscal year. 63 64 The permit applicant must be the governing body of a county or 65 municipality, ora third party under contract with a county or 66 municipality, or an entity created by special act, local 67 ordinance, or interlocal agreement, and the project for which 68 the fee reduction or waiver is sought must serve a public 69 purpose. If a permit processing fee is reduced, the total fee 70 may shallnot exceed $100. 71 Section 2. Subsection (6) is added to section 373.118, 72 Florida Statutes, to read: 73 373.118 General permits; delegation.— 74 (6) By July 1, 2012, the department shall initiate 75 rulemaking to adopt a general permit for stormwater management 76 systems serving airside activities at airports. The general 77 permit applies statewide and shall be administered by any water 78 management district or any delegated local government pursuant 79 to the operating agreements applicable to part IV of this 80 chapter, with no additional rulemaking required. These rules are 81 not subject to any special rulemaking requirements related to 82 small business. 83 Section 3. Section 373.4131, Florida Statutes, is created 84 to read: 85 373.4131 Conceptual permits for urban redevelopment 86 projects.— 87 (1) A municipality or county that has created a community 88 redevelopment area or an urban infill and redevelopment area 89 pursuant to chapter 163 may adopt a stormwater management plan 90 that addresses the quantity and quality of stormwater discharges 91 for the redevelopment or infill area and may obtain a conceptual 92 permit from the water management district or the Department of 93 Environmental Protection. 94 (2) For purposes of this section, the term “stormwater 95 management plan” means a master drainage plan that, to the 96 extent feasible: 97 (a) Improves the quality of stormwater runoff discharged 98 from the project area. 99 (b) Controls the rate and volume of stormwater discharges 100 to the extent that offsite flooding or other adverse water 101 quantity impacts are not exacerbated by the proposed 102 redevelopment project. 103 (c) Is designed based on a feasibility assessment of 104 stormwater best management practices, including low impact 105 development techniques and regional stormwater treatment 106 systems, that consider the size and physical site 107 characteristics of the project area. 108 (3) The department and water management districts shall 109 establish conceptual permits for urban redevelopment projects 110 created under part III of chapter 163 or an urban infill and 111 redevelopment area designated under s. 163.2517. The conceptual 112 permits: 113 (a) Must allow for the rate and volume of stormwater 114 discharges for stormwater management systems of urban 115 redevelopment projects located within a community redevelopment 116 area created under part III of chapter 163 or an urban infill 117 and redevelopment area designated under s. 163.2517 to continue 118 up to the maximum rate and volume of stormwater discharges 119 within the area as of the date the stormwater management plan 120 was adopted. 121 (b) Must presume that stormwater discharges for stormwater 122 management systems of urban redevelopment projects located 123 within a community redevelopment area created under part III of 124 chapter 163 or an urban infill and redevelopment area designated 125 under s. 163.2517 that demonstrate a net improvement of the 126 quality of the discharged water that existed as of the date the 127 stormwater management plan was adopted for any applicable 128 pollutants of concern in the receiving water body do not cause 129 or contribute to violations of water quality criteria. 130 (c) May not prescribe additional or more stringent 131 limitations concerning the quantity and quality of stormwater 132 discharges from stormwater management systems than provided in 133 this section. 134 (d) Shall be issued for a duration of at least 20 years, 135 and may be renewed, unless a shorter duration is requested by 136 the applicant. 137 (4) Urban redevelopment projects that meet the criteria 138 established in the conceptual permit pursuant to this section 139 qualify for a general permit that authorizes construction and 140 operation of the permitted system. 141 Section 4. This act shall take effect July 1, 2012.