Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 934
Barcode 848272
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/21/2013 .
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The Committee on Environmental Preservation and Conservation
(Simpson) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (1) of section 373.4131, Florida
6 Statutes, is amended to read:
7 373.4131 Statewide environmental resource permitting
8 rules.—
9 (1)(a) No later than October 1, 2012, The department shall
10 initiate rulemaking to adopt, in coordination with the water
11 management districts, statewide environmental resource
12 permitting rules governing the construction, alteration,
13 operation, maintenance, repair, abandonment, and removal of any
14 stormwater management system, dam, impoundment, reservoir,
15 appurtenant work, works, or any combination thereof, under this
16 part.
17 (a)(b) The rules must shall provide for statewide,
18 consistent regulation of activities under this part and must
19 shall include, at a minimum:
20 1. Criteria and thresholds for requiring permits.
21 2. Types of permits.
22 3. Procedures governing the review of applications and
23 notices, duration and modification of permits, operational
24 requirements, transfers of permits, provisions for emergencies,
25 and provisions for abandonment and removal of systems.
26 4. Exemptions and general permits that do not allow
27 significant adverse impacts to occur individually or
28 cumulatively.
29 5. Conditions for issuance.
30 6. General permit conditions, including monitoring,
31 inspection, and reporting requirements.
32 7. Standardized fee categories for activities under this
33 part to promote consistency. The department and water management
34 districts may amend fee rules to reflect the standardized fee
35 categories but are not required to adopt identical fees for
36 those categories.
37 8. Application, notice, and reporting forms. To the maximum
38 extent practicable, the department and water management
39 districts shall provide for electronic submittal of forms and
40 notices.
41 9. An applicant’s handbook that, at a minimum, contains
42 general program information, application and review procedures,
43 a specific discussion of how environmental criteria are
44 evaluated, and discussion of stormwater quality and quantity
45 criteria.
46 (b) The rules must provide for a conceptual permit for a
47 municipality or county that creates a stormwater management
48 master plan for urban infill and redevelopment areas or
49 community redevelopment areas created under chapter 163. Upon
50 approval by the department or water management district, the
51 master plan shall become part of the conceptual permit issued by
52 the department or water management district. The rules must
53 additionally provide for an associated general permit for the
54 construction and operation of urban redevelopment projects that
55 meet the criteria established in the conceptual permit. The
56 following requirements must also be met:
57 1. The conceptual permit and associated general permit must
58 not conflict with the requirements of a federally approved
59 program pursuant to s. 403.0885 or with the implementation of s.
60 403.067(7) regarding total maximum daily loads and basin
61 management action plans.
62 2. Before a conceptual permit is granted, the municipality
63 or county must assert that stormwater discharges from the urban
64 redevelopment area do not cause or contribute to violations of
65 water quality standards by demonstrating a net improvement in
66 the quality of the discharged water existing on the date the
67 conceptual permit is approved.
68 3. The conceptual permit may not expire for at least 20
69 years unless a shorter duration is requested, and must include
70 an option to renew.
71 4. The conceptual permit must describe the rate and volume
72 of stormwater discharges from the urban redevelopment area,
73 including the maximum rate and volume of stormwater discharges
74 as of the date the conceptual permit is approved.
75 5. The conceptual permit must contain provisions regarding
76 the use of stormwater best management practices and must ensure
77 that stormwater management systems constructed within the urban
78 redevelopment area are operated and maintained in compliance
79 with s. 373.416.
80 (c) The rules must shall rely primarily on the rules of the
81 department and water management districts in effect immediately
82 prior to the effective date of this section, except that the
83 department may:
84 1. Reconcile differences and conflicts to achieve a
85 consistent statewide approach.
86 2. Account for different physical or natural
87 characteristics, including special basin considerations, of
88 individual water management districts.
89 3. Implement additional permit streamlining measures.
90 (d) The application of the rules must shall continue to be
91 governed by the first sentence of s. 70.001(12).
92 Section 2. This act shall take effect July 1, 2013.
93
94 ================= T I T L E A M E N D M E N T ================
95 And the title is amended as follows:
96 Delete everything before the enacting clause
97 and insert:
98 A bill to be entitled
99 An act relating to stormwater management permits;
100 amending s. 373.4131, F.S.; deleting an obsolete
101 reference; requiring that rules for environmental
102 resource permitting provide for conceptual permits and
103 associated general permits for a municipality or
104 county that creates a stormwater management master
105 plan for urban infill and redevelopment areas or
106 community redevelopment areas; specifying requirements
107 for a conceptual permit; providing an effective date.