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Summer 2012
IN THIS ISSUE
d&G Lawyer News

  • New Legislation Regarding Administrative and Water Law
  • By: Kristin Y. Melton and Kristin K. Morris

    Another session of the Florida Legislature has come to a close. In addition to heated issues regarding the redistricting of the House and the Senate, this session came and went with a few interesting pieces of legislation in the administrative and water law fields, including: HB 7051 Relating to Rules Establishing Numeric Nutrient Criteria approves FDEP proposed water quality rules and requires Florida Department of Environmental Protection (“DEP”) to publish certain notices. It also exempts certain rules from requiring legislative ratification, so DEP rules can go into effect without the need for U.S. Environmental Protection Agency (“EPA”) rules to be passed first. For procedural purposes, HB 7051 also delays the implementation of EPA Rules until June 4, 2012. If implemented as proposed, without additional regulations from the EPA, this bill is a substantial step toward replacing the proposed EPA numeric nutrient criteria for lakes and inland waters and adopting significantly less costly water quality criteria for utilities to meet. However, it is important to note this bill does not affect the South Florida canals, estuaries or marine water rules.

    Effective Date: February 15, 2012. Signed by the Governor on February 16, 2012; Chapter 2012-3, Laws of Fla., http://www.flsenate.gov/Session/Bill/2012/7051.

    HB 503 Relating to Environmental Regulation creates, amends and revises numerous provisions related to permitting and application requirements and procedures for a vast variety of projects relating to groundwater management systems, coastal construction, dredge and fill activities, intermodal logistics centers, and commercial and industrial development. Further, it authorizes certain zones of discharge to ground water for existing installations. HB 503 also restricts the ability of a local government to condition the approval of a development permit on the approval of other state or federal permits. It also reduces the fees for special act entities and provides for a 2-year permit extension for existing environmental resources permits (“ERPs”) with an expiration date ranging from January 1, 2012 to January 1, 2014. HB 503 further expedites the permit process by providing for internet based self-certification. The primary impact of this legislation is to encourage development by expediting the permit process in certain situations and extending ERPs for 2 years.

    Effective Date: July 1, 2012. Signed by the Governor on May 4, 2012; Chapter 2012-205, Laws of Fla., http://www.flsenate.gov/Session/Bill/2012/0503.

    HB 7003 Relating to Environmental Resource Permitting requires DEP to develop statewide ERP rules and provides for exemptions from the Administrative Procedure Act. Further, it provides exemptions to allow water management districts to adopt rules for specified storm water quantity and quality. As a result, the new statewide ERP rules will provide consistency in permitting decisions and will require applicants to comply with new permitting criteria.

    Effective Date: July 1, 2012. Signed by the Governor on April 6, 2012; Chapter 2012-94, Laws of Fla., http://www.flsenate.gov/Session/Bill/2012/7003.

    SB 1986 Relating to Water Management Districts revises the maximum millage rate for each water management district and eliminates water management district revenue limits. SB 1986 requires each water management district to submit a preliminary budget for legislative review and requires the preliminary budget to include certain defined information. Most notably, if the budget amendments are greater than $1 million, they must be reviewed and approved by the Executive Office of the Governor.

    Effective Date: except as otherwise expressly provided in this act, this act shall take effect July 1, 2012. Signed by the Governor on April 20, 2012; Chapter 2012-126, Laws of Fla., http://www.flsenate.gov/Session/Bill/2012/1986.

    HB 639 Relating to Reclaimed Water defines reclaimed water and provides legislative findings relating to the use of reclaimed water. Further, it requires DEP and each water management district to adopt specific revisions to the water resource implementation rule. HB 639 incentivizes utilities to invest in treatment and reuse of reclaimed water by identifying reclaimed water as an alternative water supply and exempting it from permitting by water management districts. As a result of these actions, utilities can invest in reclaimed water with the knowledge that the treated water supplies will not be reallocated to other utilities or otherwise be subjected to permitting restrictions.

    Effective Date: July 1, 2012. Signed by the Governor on April 24, 2012; Chapter 2012-150, Laws of Fla., http://www.flsenate.gov/Session/Bill/2012/0639.

    HB 979 Relating to Developments of Regional Impact Developments specifically requires that comprehensive plan amendments which propose certain developments follow the state coordinated review process and limits the scope of reviewing agencies’ recommendations and comments regarding proposed developments. The bill requires regional planning agency reports to contain recommendations consistent with the standards of state permitting agencies and water management districts. In addition, the bill provides that specified changes to a development order do not constitute substantial deviations. The bill also provides an exemption from development-of-regional-impact review for proposed developments that meet specific criteria and are located within certain jurisdictions. Finally, the bill revises conditions under which a local government is required to rescind a development order.

    Effective Date: July 1, 2012. Signed by the Governor on April 6, 2012; Chapter 2012-75, Laws of Fla., http://www.flsenate.gov/Session/Bill/2012/0979.

    HB 1263 Relating to the Florida Department of Health (DOH) contains substantive revisions to the statutes to more accurately reflect organizational changes to the DOH. Of particular interest to utilities is the requirement that the DOH contract for the evaluation and review of laboratory certification applications and inspections. Under prior law, local governments or utilities could initiate private contracts for laboratory certifications and inspections. HB 1263 also repeals the onsite sewage, septic system, treatment and disposal system inspection program, including program requirements and the DOH’s rulemaking authority to implement the program. While this bill establishes restrictions on local inspection programs in the future, it allows those already in existence to continue so long as the restrictions do not require inspections at the time a house is sold. Finally, in counties and municipalities that have a first magnitude spring, HB 1263 requires those counties and municipalities to adopt a local evaluation and assessment program by ordinance, unless the county or municipality opts out. In counties and municipalities without a first magnitude spring, HB 1263 authorizes those counties and municipalities to adopt such programs.

    Effective Date: April 27, 2012. Signed by the Governor on April 27, 2012; Chapter 2012-184, Laws of Fla., http://www.flsenate.gov/Session/Bill/2012/1263.

    HB 1389 Relating to Water Storage and Water Quality Improvements requires that a specific determination be made as a condition of the agreement for water storage and water quality improvements on private agricultural lands. It also creates a study committee on investor owned water and waste water utility systems.

    Effective Date: July 1, 2012. Signed by the Governor on April 27, 2012; Chapter 2012-187, Laws of Fla., http://www.flsenate.gov/Session/Bill/2012/1389.

    HB 377 Relating to Miami-Dade County Lake Belt Mitigation Plan redirects funds for seepage mitigation projects and requires the proceeds of the water treatment plant upgrade fee to be transferred by DOR to the South Florida Water Management District (“SWFMD”) to be deposited into Lake Belt Mitigation Trust Fund. In addition, it clarifies the authorized uses for proceeds from the water treatment plant upgrade fee.

    Effective Date: April 13, 2012. Signed by the Governor on April 13, 2012; Chapter 2012-107, Laws of Fla., http://www.flsenate.gov/Session/Bill/2012/0377.

    de la parte & Gilbert, P.A. has significant experience in environmental and administrative law, and can help answer and address any questions or concerns you may have concerning this new legislation or any other environmental issues you may have. Please contact Ed de la Parte at edelaparte@dgfirm.com Nick Porter at nporter@dgfirm.com or Kristin Melton at kmelton@dgfirm.comwith your inquiries.
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