Bill Text: FL S0716 | 2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Environmental Regulation
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-08 - Laid on Table, refer to CS/CS/CS/CS/HB 503 -SJ 981 [S0716 Detail]
Download: Florida-2012-S0716-Comm_Sub.html
Bill Title: Environmental Regulation
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-03-08 - Laid on Table, refer to CS/CS/CS/CS/HB 503 -SJ 981 [S0716 Detail]
Download: Florida-2012-S0716-Comm_Sub.html
Florida Senate - 2012 CS for CS for SB 716 By the Committees on Environmental Preservation and Conservation; and Community Affairs; and Senators Bennett and Evers 592-03007-12 2012716c2 1 A bill to be entitled 2 An act relating to environmental regulation; amending 3 s. 125.022, F.S.; prohibiting a county from requiring 4 an applicant to obtain a permit or approval from any 5 state or federal agency as a condition of processing a 6 development permit under certain conditions; 7 authorizing a county to attach certain disclaimers to 8 the issuance of a development permit; amending s. 9 161.041, F.S.; providing conditions under which the 10 Department of Environmental Protection is authorized 11 to issue such permits in advance of the issuance of 12 incidental take authorizations as provided under the 13 Endangered Species Act; amending s. 166.033, F.S.; 14 prohibiting a municipality from requiring an applicant 15 to obtain a permit or approval from any state or 16 federal agency as a condition of processing a 17 development permit under certain conditions; 18 authorizing a municipality to attach certain 19 disclaimers to the issuance of a development permit; 20 amending s. 218.075, F.S.; providing for the reduction 21 or waiver of permit processing fees relating to 22 projects that serve a public purpose for certain 23 entities created by special act, local ordinance, or 24 interlocal agreement; amending s. 258.397, F.S.; 25 providing an exemption from a showing of extreme 26 hardship relating to the sale, transfer, or lease of 27 sovereignty submerged lands in the Biscayne Bay 28 Aquatic Preserve for certain municipal applicants; 29 amending s. 373.026, F.S.; requiring the department to 30 expand its use of Internet-based self-certification 31 services for exemptions and permits issued by the 32 department and water management districts; amending s. 33 373.326, F.S.; exempting certain underground injection 34 control wells from permitting requirements under part 35 III of ch. 373, F.S., relating to regulation of wells; 36 providing a requirement for the construction of such 37 wells; amending s. 373.4141, F.S.; reducing the time 38 within which a permit must be approved, denied, or 39 subject to notice of proposed agency action; 40 prohibiting a state agency or an agency of the state 41 from requiring additional permits or approval from a 42 local, state, or federal agency without explicit 43 authority; amending s. 373.4144, F.S.; providing 44 legislative intent with respect to the coordination of 45 regulatory duties among specified state and federal 46 agencies; encouraging expanded use of the state 47 programmatic general permit or regional general 48 permits; providing for a voluntary state programmatic 49 general permit for certain dredge and fill activities; 50 amending s. 376.3071, F.S.; increasing the priority 51 ranking score for participation in the low-scored site 52 initiative; exempting program deductibles, copayments, 53 and certain assessment report requirements from 54 expenditures under the low-scored site initiative; 55 amending s. 376.30715, F.S.; providing that the 56 transfer of a contaminated site from an owner to a 57 child of the owner or corporate entity does not 58 disqualify the site from the innocent victim petroleum 59 storage system restoration financial assistance 60 program; authorizing certain applicants to reapply for 61 financial assistance; amending s. 380.0657, F.S.; 62 authorizing expedited permitting for certain inland 63 multimodal facilities that individually or 64 collectively will create a minimum number of jobs; 65 amending s. 403.061, F.S.; authorizing zones of 66 discharges to groundwater for specified installations; 67 providing for modification of such zones of discharge; 68 providing that exceedance of certain groundwater 69 standards does not create liability for site cleanup; 70 providing that exceedance of soil cleanup target 71 levels is not a basis for enforcement or cleanup; 72 amending s. 403.087, F.S.; revising conditions under 73 which the department is authorized to revoke permits 74 for sources of air and water pollution; amending s. 75 403.1838, F.S.; revising the definition of the term 76 “financially disadvantaged small community” for the 77 purposes of the Small Community Sewer Construction 78 Assistance Act; amending s. 403.7045, F.S.; providing 79 conditions under which sludge from an industrial waste 80 treatment works is not solid waste; amending s. 81 403.706, F.S.; reducing the amount of recycled 82 materials certain counties are required to apply 83 toward state recycling goals; providing that certain 84 renewable energy byproducts count toward state 85 recycling goals; amending s. 403.707, F.S.; providing 86 for waste-to-energy facilities to maximize acceptance 87 and processing of nonhazardous solid and liquid waste; 88 exempting the disposal of solid waste monitored by 89 certain groundwater monitoring plans from specific 90 authorization; specifying a permit term for solid 91 waste management facilities designed with leachate 92 control systems that meet department requirements; 93 requiring permit fees to be adjusted; providing 94 applicability; specifying a permit term for solid 95 waste management facilities that do not have leachate 96 control systems meeting department requirements under 97 certain conditions; authorizing the department to 98 adopt rules; providing that the department is not 99 required to submit the rules to the Environmental 100 Regulation Commission for approval; requiring permit 101 fee caps to be prorated; amending s. 403.7125, F.S.; 102 requiring the department to require by rule that 103 owners or operators of solid waste management 104 facilities receiving waste after October 9, 1993, 105 provide financial assurance for the cost of completing 106 certain corrective actions; amending s. 403.814, F.S.; 107 providing for issuance of general permits for the 108 construction, alteration, and maintenance of certain 109 surface water management systems without the action of 110 the department or a water management district; 111 specifying conditions for the general permits; 112 amending s. 403.853, F.S.; providing for the 113 department, or a local county health department 114 designated by the department, to perform sanitary 115 surveys for certain transient noncommunity water 116 systems; amending s. 403.973, F.S.; authorizing 117 expedited permitting for certain commercial or 118 industrial development projects that individually or 119 collectively will create a minimum number of jobs; 120 providing for a project-specific memorandum of 121 agreement to apply to a project subject to expedited 122 permitting; clarifying the authority of the department 123 to enter final orders for the issuance of certain 124 licenses; revising criteria for the review of certain 125 sites; amending s. 526.203, F.S.; revising the 126 definitions of the terms “blended gasoline” and 127 “unblended gasoline”; defining the term “alternative 128 fuel”; authorizing the sale of unblended fuels for 129 certain uses; providing that holders of valid permits 130 or other authorizations are not required to make 131 payments to authorizing agencies for use of certain 132 extensions granted under chapter 2011-139, Laws of 133 Florida; providing an effective date. 134 135 Be It Enacted by the Legislature of the State of Florida: 136 137 Section 1. Section 125.022, Florida Statutes, is amended to 138 read: 139 125.022 Development permits.—When a county denies an 140 application for a development permit, the county shall give 141 written notice to the applicant. The notice must include a 142 citation to the applicable portions of an ordinance, rule, 143 statute, or other legal authority for the denial of the permit. 144 As used in this section, the term “development permit” has the 145 same meaning as in s. 163.3164. For any development permit 146 application filed with the county after July 1, 2012, a county 147 may not require as a condition of processing or issuing a 148 development permit that an applicant obtain a permit or approval 149 from any state or federal agency unless the agency has issued a 150 final agency action that denies the federal or state permit 151 before the county action on the local development permit. 152 Issuance of a development permit by a county does not in any way 153 create any rights on the part of the applicant to obtain a 154 permit from a state or federal agency and does not create any 155 liability on the part of the county for issuance of the permit 156 if the applicant fails to obtain requisite approvals or fulfill 157 the obligations imposed by a state or federal agency or 158 undertakes actions that result in a violation of state or 159 federal law. A county may attach such a disclaimer to the 160 issuance of a development permit and may include a permit 161 condition that all other applicable state or federal permits be 162 obtained before commencement of the development. This section 163 does not prohibit a county from providing information to an 164 applicant regarding what other state or federal permits may 165 apply. 166 Section 2. Subsection (5) is added to section 161.041, 167 Florida Statutes, to read: 168 161.041 Permits required.— 169 (5) Notwithstanding any other provision of law, the 170 department may issue a permit pursuant to this part in advance 171 of the issuance of an incidental take authorization as provided 172 under the Endangered Species Act and its implementing 173 regulations if the permit and authorization include a condition 174 requiring that authorized activities not begin until the 175 incidental take authorization is issued. 176 Section 3. Section 166.033, Florida Statutes, is amended to 177 read: 178 166.033 Development permits.—When a municipality denies an 179 application for a development permit, the municipality shall 180 give written notice to the applicant. The notice must include a 181 citation to the applicable portions of an ordinance, rule, 182 statute, or other legal authority for the denial of the permit. 183 As used in this section, the term “development permit” has the 184 same meaning as in s. 163.3164. For any development permit 185 application filed with the municipality after July 1, 2012, a 186 municipality may not require as a condition of processing or 187 issuing a development permit that an applicant obtain a permit 188 or approval from any state or federal agency unless the agency 189 has issued a final agency action that denies the federal or 190 state permit before the municipal action on the local 191 development permit. Issuance of a development permit by a 192 municipality does not in any way create any right on the part of 193 an applicant to obtain a permit from a state or federal agency 194 and does not create any liability on the part of the 195 municipality for issuance of the permit if the applicant fails 196 to obtain requisite approvals or fulfill the obligations imposed 197 by a state or federal agency or undertakes actions that result 198 in a violation of state or federal law. A municipality may 199 attach such a disclaimer to the issuance of development permits 200 and may include a permit condition that all other applicable 201 state or federal permits be obtained before commencement of the 202 development. This section does not prohibit a municipality from 203 providing information to an applicant regarding what other state 204 or federal permits may apply. 205 Section 4. Section 218.075, Florida Statutes, is amended to 206 read: 207 218.075 Reduction or waiver of permit processing fees. 208 Notwithstanding any other provision of law, the Department of 209 Environmental Protection and the water management districts 210 shall reduce or waive permit processing fees for counties with a 211 population of 50,000 or less on April 1, 1994, until such 212 counties exceed a population of 75,000 and municipalities with a 213 population of 25,000 or less, or for an entity created by 214 special act, local ordinance, or interlocal agreement of such 215 counties or municipalities, or for any county or municipality 216 not included within a metropolitan statistical area. Fee 217 reductions or waivers shall be approved on the basis of fiscal 218 hardship or environmental need for a particular project or 219 activity. The governing body must certify that the cost of the 220 permit processing fee is a fiscal hardship due to one of the 221 following factors: 222 (1) Per capita taxable value is less than the statewide 223 average for the current fiscal year; 224 (2) Percentage of assessed property value that is exempt 225 from ad valorem taxation is higher than the statewide average 226 for the current fiscal year; 227 (3) Any condition specified in s. 218.503(1) which results 228 in the county or municipality being in a state of financial 229 emergency; 230 (4) Ad valorem operating millage rate for the current 231 fiscal year is greater than 8 mills; or 232 (5) A financial condition that is documented in annual 233 financial statements at the end of the current fiscal year and 234 indicates an inability to pay the permit processing fee during 235 that fiscal year. 236 237 The permit applicant must be the governing body of a county or 238 municipality or a third party under contract with a county or 239 municipality or an entity created by special act, local 240 ordinance, or interlocal agreement and the project for which the 241 fee reduction or waiver is sought must serve a public purpose. 242 If a permit processing fee is reduced, the total fee shall not 243 exceed $100. 244 Section 5. Paragraph (a) of subsection (3) of section 245 258.397, Florida Statutes, is amended to read: 246 258.397 Biscayne Bay Aquatic Preserve.— 247 (3) AUTHORITY OF TRUSTEES.—The Board of Trustees of the 248 Internal Improvement Trust Fund is authorized and directed to 249 maintain the aquatic preserve hereby created pursuant and 250 subject to the following provisions: 251 (a)No furtherSale, transfer, or lease of sovereignty 252 submerged lands in the preserve may notshallbe approved or 253 consummated by the board of trustees, except upon a showing of 254 extreme hardship on the part of the applicant and a 255 determination by the board of trustees that such sale, transfer, 256 or lease is in the public interest. A municipal applicant 257 proposing a public waterfront promenade is exempt from showing 258 extreme hardship. 259 Section 6. Subsection (10) is added to section 373.026, 260 Florida Statutes, to read: 261 373.026 General powers and duties of the department.—The 262 department, or its successor agency, shall be responsible for 263 the administration of this chapter at the state level. However, 264 it is the policy of the state that, to the greatest extent 265 possible, the department may enter into interagency or 266 interlocal agreements with any other state agency, any water 267 management district, or any local government conducting programs 268 related to or materially affecting the water resources of the 269 state. All such agreements shall be subject to the provisions of 270 s. 373.046. In addition to its other powers and duties, the 271 department shall, to the greatest extent possible: 272 (10) Expand the use of Internet-based self-certification 273 services for appropriate exemptions and general permits issued 274 by the department and the water management districts, if such 275 expansion is economically feasible. In addition to expanding the 276 use of Internet-based self-certification services for 277 appropriate exemptions and general permits, the department and 278 water management districts shall identify and develop general 279 permits for appropriate activities currently requiring 280 individual review which could be expedited through the use of 281 applicable professional certification. 282 Section 7. Subsection (3) is added to section 373.326, 283 Florida Statutes, to read: 284 373.326 Exemptions.— 285 (3) A permit may not be required under this part for any 286 well authorized pursuant to ss. 403.061 and 403.087 under the 287 State Underground Injection Control Program identified in 288 chapter 62-528, Florida Administrative Code, as Class I, Class 289 II, Class III, Class IV, or Class V Groups 2-9. However, such 290 wells must be constructed by persons who have obtained a license 291 pursuant to s. 373.323 as otherwise required by law. 292 Section 8. Subsection (2) of section 373.4141, Florida 293 Statutes, is amended, and subsection (4) is added to that 294 section, to read: 295 373.4141 Permits; processing.— 296 (2) A permit shall be approved,ordenied, or subject to a 297 notice of proposed agency action within 6090days after receipt 298 of the original application, the last item of timely requested 299 additional material, or the applicant’s written request to begin 300 processing the permit application. 301 (4) A state agency or an agency of the state may not 302 require as a condition of approval for a permit or as an item to 303 complete a pending permit application that an applicant obtain a 304 permit or approval from any other local, state, or federal 305 agency without explicit statutory authority to require such 306 permit or approval. 307 Section 9. Section 373.4144, Florida Statutes, is amended 308 to read: 309 373.4144 Federal environmental permitting.— 310 (1) It is the intent of the Legislature to: 311 (a) Facilitate coordination and a more efficient process of 312 implementing regulatory duties and functions between the 313 Department of Environmental Protection, the water management 314 districts, the United States Army Corps of Engineers, the United 315 States Fish and Wildlife Service, the National Marine Fisheries 316 Service, the United States Environmental Protection Agency, the 317 Fish and Wildlife Conservation Commission, and other relevant 318 federal and state agencies. 319 (b) Authorize the Department of Environmental Protection to 320 obtain issuance by the United States Army Corps of Engineers, 321 pursuant to state and federal law and as set forth in this 322 section, of an expanded state programmatic general permit, or a 323 series of regional general permits, for categories of activities 324 in waters of the United States governed by the Clean Water Act 325 and in navigable waters under the Rivers and Harbors Act of 1899 326 which are similar in nature, which will cause only minimal 327 adverse environmental effects when performed separately, and 328 which will have only minimal cumulative adverse effects on the 329 environment. 330 (c) Use the mechanism of such a state general permit or 331 such regional general permits to eliminate overlapping federal 332 regulations and state rules that seek to protect the same 333 resource and to avoid duplication of permitting between the 334 United States Army Corps of Engineers and the department for 335 minor work located in waters of the United States, including 336 navigable waters, thus eliminating, in appropriate cases, the 337 need for a separate individual approval from the United States 338 Army Corps of Engineers while ensuring the most stringent 339 protection of wetland resources. 340 (d) Direct the department not to seek issuance of or take 341 any action pursuant to any such permit or permits unless such 342 conditions are at least as protective of the environment and 343 natural resources as existing state law under this part and 344 federal law under the Clean Water Act and the Rivers and Harbors 345 Act of 1899.The department is directed to develop, on or before346October 1, 2005, a mechanism or plan to consolidate, to the347maximum extent practicable, the federal and state wetland348permitting programs. It is the intent of the Legislature that349all dredge and fill activities impacting 10 acres or less of350wetlands or waters, including navigable waters, be processed by351the state as part of the environmental resource permitting352program implemented by the department and the water management353districts. The resulting mechanism or plan shall analyze and354propose the development of an expanded state programmatic355general permit program in conjunction with the United States356Army Corps of Engineers pursuant to s. 404 of the Clean Water357Act, Pub. L. No. 92-500, as amended, 33 U.S.C. ss. 1251 et seq.,358and s. 10 of the Rivers and Harbors Act of 1899. Alternatively,359or in combination with an expanded state programmatic general360permit, the mechanism or plan may propose the creation of a361series of regional general permits issued by the United States362Army Corps of Engineers pursuant to the referenced statutes. All363of the regional general permits must be administered by the364department or the water management districts or their designees.365 (2) In order to effectuate efficient wetland permitting and 366 avoid duplication, the department and water management districts 367 are authorized to implement a voluntary state programmatic 368 general permit for all dredge and fill activities impacting 3 369 acres or less of wetlands or other surface waters, including 370 navigable waters, subject to agreement with the United States 371 Army Corps of Engineers, if the general permit is at least as 372 protective of the environment and natural resources as existing 373 state law under this part and federal law under the Clean Water 374 Act and the Rivers and Harbors Act of 1899.The department is375directed to file with the Speaker of the House of376Representatives and the President of the Senate a report377proposing any required federal and state statutory changes that378would be necessary to accomplish the directives listed in this379section and to coordinate with the Florida Congressional380Delegation on any necessary changes to federal law to implement381the directives.382 (3)Nothing inThis section may notshallbe construed to 383 preclude the department from pursuing a series of regional 384 general permits for construction activities in wetlands or 385 surface waters or complete assumption of federal permitting 386 programs regulating the discharge of dredged or fill material 387 pursuant to s. 404 of the Clean Water Act, Pub. L. No. 92-500, 388 as amended, 33 U.S.C. ss. 1251 et seq., and s. 10 of the Rivers 389 and Harbors Act of 1899, so long as the assumption encompasses 390 all dredge and fill activities in, on, or over jurisdictional 391 wetlands or waters, including navigable waters, within the 392 state. 393 Section 10. Subsection (11) of section 376.3071, Florida 394 Statutes, is amended to read: 395 376.3071 Inland Protection Trust Fund; creation; purposes; 396 funding.— 397 (11) SITE CLEANUP.— 398 (a) Voluntary cleanup.—Nothing inThis section shall does 399 notbe deemed toprohibit a person from conducting site 400 rehabilitation either through his or her own personnel or 401 through responsible response action contractors or 402 subcontractors when such person is not seeking site 403 rehabilitation funding from the fund. Such voluntary cleanups 404 must meet all applicable environmental standards. 405 (b) Low-scored site initiative.—Notwithstanding s. 406 376.30711, any site with a priority ranking score of 2910407 points or less may voluntarily participate in the low-scored 408 site initiative, whether or not the site is eligible for state 409 restoration funding. 410 1. To participate in the low-scored site initiative, the 411 responsible party or property owner must affirmatively 412 demonstrate that the following conditions are met: 413 a. Upon reassessment pursuant to department rule, the site 414 retains a priority ranking score of 2910points or less. 415 b. No excessively contaminated soil, as defined by 416 department rule, exists onsite as a result of a release of 417 petroleum products. 418 c. A minimum of 6 months of groundwater monitoring 419 indicates that the plume is shrinking or stable. 420 d. The release of petroleum products at the site does not 421 adversely affect adjacent surface waters, including their 422 effects on human health and the environment. 423 e. The area of groundwater containing the petroleum 424 products’ chemicals of concern is less than one-quarter acre and 425 is confined to the source property boundaries of the real 426 property on which the discharge originated. 427 f. Soils onsite that are subject to human exposure found 428 between land surface and 2 feet below land surface meet the soil 429 cleanup target levels established by department rule or human 430 exposure is limited by appropriate institutional or engineering 431 controls. 432 2. Upon affirmative demonstration of the conditions under 433 subparagraph 1., the department shall issue a determination of 434 “No Further Action.” Such determination acknowledges that 435 minimal contamination exists onsite and that such contamination 436 is not a threat to human health or the environment. If no 437 contamination is detected, the department may issue a site 438 rehabilitation completion order. 439 3. Sites that are eligible for state restoration funding 440 may receive payment of preapproved costs for the low-scored site 441 initiative as follows: 442 a. A responsible party or property owner may submit an 443 assessment plan designed to affirmatively demonstrate that the 444 site meets the conditions under subparagraph 1. Notwithstanding 445 the priority ranking score of the site, the department may 446 preapprove the cost of the assessment pursuant to s. 376.30711, 447 including 6 months of groundwater monitoring, not to exceed 448 $30,000 for each site. The department may not pay the costs 449 associated with the establishment of institutional or 450 engineering controls. 451 b. The assessment work shall be completed no later than 6 452 months after the department issues its approval. 453 c. No more than $10 million for the low-scored site 454 initiative mayshallbe encumbered from the Inland Protection 455 Trust Fund in any fiscal year. Funds shall be made available on 456 a first-come, first-served basis and shall be limited to 10 457 sites in each fiscal year for each responsible party or property 458 owner. 459 d. Program deductibles, copayments, and the limited 460 contamination assessment report requirements under paragraph 461 (13)(c) do not apply to expenditures under this paragraph. 462 Section 11. Section 376.30715, Florida Statutes, is amended 463 to read: 464 376.30715 Innocent victim petroleum storage system 465 restoration.—A contaminated site acquired by the current owner 466 prior to July 1, 1990, which has ceased operating as a petroleum 467 storage or retail business prior to January 1, 1985, is eligible 468 for financial assistance pursuant to s. 376.305(6), 469 notwithstanding s. 376.305(6)(a). For purposes of this section, 470 the term “acquired” means the acquisition of title to the 471 property; however, a subsequent transfer of the property to a 472 spouse or child of the owner, a surviving spouse or child of the 473 owner in trust or free of trust,ora revocable trust created 474 for the benefit of the settlor, or a corporate entity created by 475 the owner to hold title to the site does not disqualify the site 476 from financial assistance pursuant to s. 376.305(6) and 477 applicants previously denied coverage may reapply. Eligible 478 sites shall be ranked in accordance with s. 376.3071(5). 479 Section 12. Subsection (1) of section 380.0657, Florida 480 Statutes, is amended to read: 481 380.0657 Expedited permitting process for economic 482 development projects.— 483 (1) The Department of Environmental Protection and, as 484 appropriate, the water management districts created under 485 chapter 373 shall adopt programs to expedite the processing of 486 wetland resource and environmental resource permits for economic 487 development projects that have been identified by a municipality 488 or county as meeting the definition of target industry 489 businesses under s. 288.106, or any intermodal logistics center 490 receiving or sending cargo to or from Florida ports, with the 491 exception of those projects requiring approval by the Board of 492 Trustees of the Internal Improvement Trust Fund. 493 Section 13. Subsection (11) of section 403.061, Florida 494 Statutes, is amended to read: 495 403.061 Department; powers and duties.—The department shall 496 have the power and the duty to control and prohibit pollution of 497 air and water in accordance with the law and rules adopted and 498 promulgated by it and, for this purpose, to: 499 (11) Establish ambient air quality and water quality 500 standards for the state as a whole or for any part thereof, and 501 also standards for the abatement of excessive and unnecessary 502 noise. The department is authorized to establish reasonable 503 zones of mixing for discharges into waters. For existing 504 installations as defined by rule 62-520.200(10), Florida 505 Administrative Code, effective July 12, 2009, zones of discharge 506 to groundwater are authorized horizontally to a facility’s or 507 owner’s property boundary and extending vertically to the base 508 of a specifically designated aquifer or aquifers. Such zones of 509 discharge may be modified in accordance with procedures 510 specified in department rules. Exceedance of primary and 511 secondary groundwater standards that occur within a zone of 512 discharge does not create liability pursuant to this chapter or 513 chapter 376 for site cleanup, and the exceedance of soil cleanup 514 target levels is not a basis for enforcement or site cleanup. 515 (a) When a receiving body of water fails to meet a water 516 quality standard for pollutants set forth in department rules, a 517 steam electric generating plant discharge of pollutants that is 518 existing or licensed under this chapter on July 1, 1984, may 519 nevertheless be granted a mixing zone, provided that: 520 1. The standard would not be met in the water body in the 521 absence of the discharge; 522 2. The discharge is in compliance with all applicable 523 technology-based effluent limitations; 524 3. The discharge does not cause a measurable increase in 525 the degree of noncompliance with the standard at the boundary of 526 the mixing zone; and 527 4. The discharge otherwise complies with the mixing zone 528 provisions specified in department rules. 529 (b)NoMixing zoneszonefor point source discharges are 530 notshall bepermitted in Outstanding Florida Waters except for: 531 1. Sources that have received permits from the department 532 prior to April 1, 1982, or the date of designation, whichever is 533 later; 534 2. Blowdown from new power plants certified pursuant to the 535 Florida Electrical Power Plant Siting Act; 536 3. Discharges of water necessary for water management 537 purposes which have been approved by the governing board of a 538 water management district and, if required by law, by the 539 secretary; and 540 4. The discharge of demineralization concentrate which has 541 been determined permittable under s. 403.0882 and which meets 542 the specific provisions of s. 403.0882(4)(a) and (b), if the 543 proposed discharge is clearly in the public interest. 544 (c) The department, by rule, shall establish water quality 545 criteria for wetlands which criteria give appropriate 546 recognition to the water quality of such wetlands in their 547 natural state. 548 549Nothing inThis act may notshallbe construed to invalidate any 550 existing department rule relating to mixing zones. The 551 department shall cooperate with the Department of Highway Safety 552 and Motor Vehicles in the development of regulations required by 553 s. 316.272(1). 554 555 The department shall implement such programs in conjunction with 556 its other powers and duties and shall place special emphasis on 557 reducing and eliminating contamination that presents a threat to 558 humans, animals or plants, or to the environment. 559 Section 14. Subsection (7) of section 403.087, Florida 560 Statutes, is amended to read: 561 403.087 Permits; general issuance; denial; revocation; 562 prohibition; penalty.— 563 (7) A permit issued pursuant to this section doesshallnot 564 become a vested right in the permittee. The department may 565 revoke any permit issued by it if it finds that the permitholder 566 has: 567 (a)HasSubmitted false or inaccurate information in the 568his or herapplication for the permit; 569 (b)HasViolated law, department orders, rules,or570regulations,orpermitconditions which directly relate to the 571 permit; 572 (c)HasFailed to submit operational reports or other 573 information required by department rule which directly relate to 574 the permit and has refused to correct or cure such violations 575 when requested to do soor regulation; or 576 (d)HasRefused lawful inspection under s. 403.091 at the 577 facility authorized by the permit. 578 Section 15. Subsection (2) of section 403.1838, Florida 579 Statutes, is amended to read: 580 403.1838 Small Community Sewer Construction Assistance 581 Act.— 582 (2) The department shall use funds specifically 583 appropriated to award grants under this section to assist 584 financially disadvantaged small communities with their needs for 585 adequate sewer facilities. For purposes of this section, the 586 term “financially disadvantaged small community” means a 587 municipality that haswitha population of 10,0007,500or fewer 588less, according to the latest decennial census and a per capita 589 annual income less than the state per capita annual income as 590 determined by the United States Department of Commerce. 591 Section 16. Paragraph (f) of subsection (1) of section 592 403.7045, Florida Statutes, is amended to read: 593 403.7045 Application of act and integration with other 594 acts.— 595 (1) The following wastes or activities shall not be 596 regulated pursuant to this act: 597 (f) Industrial byproducts, if: 598 1. A majority of the industrial byproducts are demonstrated 599 to be sold, used, or reused within 1 year. 600 2. The industrial byproducts are not discharged, deposited, 601 injected, dumped, spilled, leaked, or placed upon any land or 602 water so that such industrial byproducts, or any constituent 603 thereof, may enter other lands or be emitted into the air or 604 discharged into any waters, including groundwaters, or otherwise 605 enter the environment such that a threat of contamination in 606 excess of applicable department standards and criteria or a 607 significant threat to public health is caused. 608 3. The industrial byproducts are not hazardous wastes as 609 defined under s. 403.703 and rules adopted under this section. 610 611 Sludge from an industrial waste treatment works that meets the 612 exemption requirements of this paragraph is not solid waste as 613 defined in s. 403.703(32). 614 Section 17. Paragraph (a) of subsection (4) of section 615 403.706, Florida Statutes, is amended to read: 616 403.706 Local government solid waste responsibilities.— 617 (4)(a) In order to promote the production of renewable 618 energy from solid waste, each megawatt-hour produced by a 619 renewable energy facility using solid waste as a fuel shall 620 count as 1 ton of recycled material and shall be applied toward 621 meeting the recycling goals set forth in this section. If a 622 county creating renewable energy from solid waste implements and 623 maintains a program to recycle at least 50 percent of municipal 624 solid waste by a means other than creating renewable energy, 625 that county shall count 1.252tons of recycled material for 626 each megawatt-hour produced. If waste originates from a county 627 other than the county in which the renewable energy facility 628 resides, the originating county shall receive such recycling 629 credit.Any county that has a debt service payment related to630its waste-to-energy facility shall receive 1 ton of recycled631materials credit for each ton of solid waste processed at the632facility.Any byproduct resulting from the creation of renewable 633 energy that is recycled shall count towards the county recycling 634 goals in accordance with the methods and criteria developed 635 pursuant to paragraph (2)(h)does not count as waste. 636 Section 18. Subsections (1), (2), and (3) of section 637 403.707, Florida Statutes, are amended to read: 638 403.707 Permits.— 639 (1) A solid waste management facility may not be operated, 640 maintained, constructed, expanded, modified, or closed without 641 an appropriate and currently valid permit issued by the 642 department. The department may by rule exempt specified types of 643 facilities from the requirement for a permit under this part if 644 it determines that construction or operation of the facility is 645 not expected to create any significant threat to the environment 646 or public health. For purposes of this part, and only when 647 specified by department rule, a permit may include registrations 648 as well as other forms of licenses as defined in s. 120.52. 649 Solid waste construction permits issued under this section may 650 include any permit conditions necessary to achieve compliance 651 with the recycling requirements of this act. The department 652 shall pursue reasonable timeframes for closure and construction 653 requirements, considering pending federal requirements and 654 implementation costs to the permittee. The department shall 655 adopt a rule establishing performance standards for construction 656 and closure of solid waste management facilities. The standards 657 shall allow flexibility in design and consideration for site 658 specific characteristics. For the purpose of permitting under 659 this chapter, the department shall allow waste-to-energy 660 facilities to maximize acceptance and processing of nonhazardous 661 solid and liquid waste. 662 (2) Except as provided in s. 403.722(6), a permit under 663 this section is not required for the following, if the activity664does not create a public nuisance or any condition adversely665affecting the environment or public health and does not violate666other state or local laws, ordinances, rules, regulations, or667orders: 668 (a) Disposal by persons of solid waste resulting from their 669 own activities on their own property, if such waste is ordinary 670 household waste from their residential property or is rocks, 671 soils, trees, tree remains, and other vegetative matter that 672 normally result from land development operations. Disposal of 673 materials that could create a public nuisance or adversely 674 affect the environment or public health, such as white goods; 675 automotive materials, such as batteries and tires; petroleum 676 products; pesticides; solvents; or hazardous substances, is not 677 covered under this exemption. 678 (b) Storage in containers by persons of solid waste 679 resulting from their own activities on their property, leased or 680 rented property, or property subject to a homeowners’homeowners681 or maintenance association for which the person contributes 682 association assessments, if the solid waste in such containers 683 is collected at least once a week. 684 (c) Disposal by persons of solid waste resulting from their 685 own activities on their property, if the environmental effects 686 of such disposal on groundwater and surface waters are: 687 1. Addressed or authorized by a site certification order 688 issued under part II or a permit issued by the department under 689 this chapter or rules adopted pursuant to this chapter; or 690 2. Addressed or authorized by, or exempted from the 691 requirement to obtain, a groundwater monitoring plan approved by 692 the department. If a facility has a permit authorizing disposal 693 activity, new areas where solid waste is being disposed of which 694 are monitored by an existing or modified groundwater monitoring 695 plan are not required to be specifically authorized in a permit 696 or other certification. 697 (d) Disposal by persons of solid waste resulting from their 698 own activities on their own property, if such disposal occurred 699 prior to October 1, 1988. 700 (e) Disposal of solid waste resulting from normal farming 701 operations as defined by department rule. Polyethylene 702 agricultural plastic, damaged, nonsalvageable, untreated wood 703 pallets, and packing material that cannot be feasibly recycled, 704 which are used in connection with agricultural operations 705 related to the growing, harvesting, or maintenance of crops, may 706 be disposed of by open burning if a public nuisance or any 707 condition adversely affecting the environment or the public 708 health is not created by the open burning and state or federal 709 ambient air quality standards are not violated. 710 (f) The use of clean debris as fill material in any area. 711 However, this paragraph does not exempt any person from 712 obtaining any other required permits, and does not affect a 713 person’s responsibility to dispose of clean debris appropriately 714 if it is not to be used as fill material. 715 (g) Compost operations that produce less than 50 cubic 716 yards of compost per year when the compost produced is used on 717 the property where the compost operation is located. 718 (3)(a) All applicable provisions of ss. 403.087 and 719 403.088, relating to permits, apply to the control of solid 720 waste management facilities. 721 (b) A permit, including a general permit, issued to a solid 722 waste management facility that is designed with a leachate 723 control system meeting department requirements shall be issued 724 for a term of 20 years unless the applicant requests a shorter 725 permit term. This paragraph applies to a qualifying solid waste 726 management facility that applies for an operating or 727 construction permit or renews an existing operating or 728 construction permit on or after October 1, 2012. 729 (c) A permit, including a general permit, but not including 730 a registration, issued to a solid waste management facility that 731 does not have a leachate control system meeting department 732 requirements shall be renewed for a term of 10 years, unless the 733 applicant requests a shorter permit term, if the following 734 conditions are met: 735 1. The applicant has conducted the regulated activity at 736 the same site for which the renewal is sought for at least 4 737 years and 6 months before the date that the permit application 738 is received by the department; and 739 2. At the time of applying for the renewal permit: 740 a. The applicant is not subject to a notice of violation, 741 consent order, or administrative order issued by the department 742 for violation of an applicable law or rule; 743 b. The department has not notified the applicant that it is 744 required to implement assessment or evaluation monitoring as a 745 result of exceedances of applicable groundwater standards or 746 criteria or, if applicable, the applicant is completing 747 corrective actions in accordance with applicable department 748 rules; and 749 c. The applicant is in compliance with the applicable 750 financial assurance requirements. 751 (d) The department may adopt rules to administer this 752 subsection. However, the department is not required to submit 753 such rules to the Environmental Regulation Commission for 754 approval. Notwithstanding the limitations of s. 403.087(6)(a), 755 permit fee caps for solid waste management facilities shall be 756 prorated to reflect the extended permit term authorized by this 757 subsection. 758 Section 19. Section 403.7125, Florida Statutes, is amended 759 to read: 760 403.7125 Financial assurancefor closure.— 761 (1) Every owner or operator of a landfill is jointly and 762 severally liable for the improper operation and closure of the 763 landfill, as provided by law. As used in this section, the term 764 “owner or operator” means any owner of record of any interest in 765 land wherein a landfill is or has been located and any person or 766 corporation that owns a majority interest in any other 767 corporation that is the owner or operator of a landfill. 768 (2) The owner or operator of a landfill owned or operated 769 by a local or state government or the Federal Government shall 770 establish a fee, or a surcharge on existing fees or other 771 appropriate revenue-producing mechanism, to ensure the 772 availability of financial resources for the proper closure of 773 the landfill. However, the disposal of solid waste by persons on 774 their own property, as described in s. 403.707(2), is exempt 775 from this section. 776 (a) The revenue-producing mechanism must produce revenue at 777 a rate sufficient to generate funds to meet state and federal 778 landfill closure requirements. 779 (b) The revenue shall be deposited in an interest-bearing 780 escrow account to be held and administered by the owner or 781 operator. The owner or operator shall file with the department 782 an annual audit of the account. The audit shall be conducted by 783 an independent certified public accountant. Failure to collect 784 or report such revenue, except as allowed in subsection (3), is 785 a noncriminal violation punishable by a fine of not more than 786 $5,000 for each offense. The owner or operator may make 787 expenditures from the account and its accumulated interest only 788 for the purpose of landfill closure and, if such expenditures do 789 not deplete the fund to the detriment of eventual closure, for 790 planning and construction of resource recovery or landfill 791 facilities. Any moneys remaining in the account after paying for 792 proper and complete closure, as determined by the department, 793 shall, if the owner or operator does not operate a landfill, be 794 deposited by the owner or operator into the general fund or the 795 appropriate solid waste fund of the local government of 796 jurisdiction. 797 (c) The revenue generated under this subsection and any 798 accumulated interest thereon may be applied to the payment of, 799 or pledged as security for, the payment of revenue bonds issued 800 in whole or in part for the purpose of complying with state and 801 federal landfill closure requirements. Such application or 802 pledge may be made directly in the proceedings authorizing such 803 bonds or in an agreement with an insurer of bonds to assure such 804 insurer of additional security therefor. 805 (d) The provisions of s. 212.055 which relate to raising of 806 revenues for landfill closure or long-term maintenance do not 807 relieve a landfill owner or operator from the obligations of 808 this section. 809 (e) The owner or operator of any landfill that had 810 established an escrow account in accordance with this section 811 and the conditions of its permit prior to January 1, 2007, may 812 continue to use that escrow account to provide financial 813 assurance for closure of that landfill, even if that landfill is 814 not owned or operated by a local or state government or the 815 Federal Government. 816 (3) An owner or operator of a landfill owned or operated by 817 a local or state government or by the Federal Government may 818 provide financial assurance to the department in lieu of the 819 requirements of subsection (2). An owner or operator of any 820 other landfill, or any other solid waste management facility 821 designated by department rule, shall provide financial assurance 822 to the department for the closure of the facility. Such 823 financial assurance may include surety bonds, certificates of 824 deposit, securities, letters of credit, or other documents 825 showing that the owner or operator has sufficient financial 826 resources to cover, at a minimum, the costs of complying with 827 applicable closure requirements. The owner or operator shall 828 estimate such costs to the satisfaction of the department. 829 (4) This section does not repeal, limit, or abrogate any 830 other law authorizing local governments to fix, levy, or charge 831 rates, fees, or charges for the purpose of complying with state 832 and federal landfill closure requirements. 833 (5) The department shall by rule require that the owner or 834 operator of a solid waste management facility that receives 835 waste after October 9, 1993, and that is required by department 836 rule to undertake corrective actions for violations of water 837 quality standards provide financial assurance for the cost of 838 completing such corrective actions. The same financial assurance 839 mechanisms that are available for closure costs shall be 840 available for costs associated with undertaking corrective 841 actions. 842 (6)(5)The department shall adopt rules to implement this 843 section. 844 Section 20. Subsection (12) is added to section 403.814, 845 Florida Statutes, to read: 846 403.814 General permits; delegation.— 847 (12) A general permit is granted for the construction, 848 alteration, and maintenance of a stormwater management system 849 serving a total project area of up to 10 acres. When the 850 stormwater management system is designed, operated, and 851 maintained in accordance with applicable rules adopted pursuant 852 to part IV of chapter 373, there is a rebuttable presumption 853 that the discharge for such systems complies with state water 854 quality standards. The construction of such a system may proceed 855 without any further agency action by the department or water 856 management district if, within 30 days after commencement of 857 construction, an electronic self-certification is submitted to 858 the department or water management district which certifies the 859 proposed system was designed by a Florida-registered 860 professional to meet all of the requirements listed in 861 paragraphs (a)-(f): 862 (a) The total project involves less than 10 acres and less 863 than 2 acres of impervious surface; 864 (b) No activities will impact wetlands or other surface 865 waters; 866 (c) No activities are conducted in, on, or over wetlands or 867 other surface waters; 868 (d) Drainage facilities will not include pipes having 869 diameters greater than 24 inches, or the hydraulic equivalent, 870 and will not use pumps in any manner; 871 (e) The project is not part of a larger common plan, 872 development, or sale; and 873 (f) The project does not: 874 1. Cause adverse water quantity or flooding impacts to 875 receiving water and adjacent lands; 876 2. Cause adverse impacts to existing surface water storage 877 and conveyance capabilities; 878 3. Cause a violation of state water quality standards; or 879 4. Cause an adverse impact to the maintenance of surface or 880 groundwater levels or surface water flows established pursuant 881 to s. 373.042 or a work of the district established pursuant to 882 s. 373.086. 883 Section 21. Subsection (6) of section 403.853, Florida 884 Statutes, is amended to read: 885 403.853 Drinking water standards.— 886 (6) Upon the request of the owner or operator of a 887 transient noncommunity water system using groundwater as a 888 source of supply and serving religious institutions or 889 businesses, other than restaurants or other public food service 890 establishments or religious institutions with school or day care 891 services, and using groundwater as a source of supply, the 892 department, or a local county health department designated by 893 the department, shall perform a sanitary survey of the facility. 894 Upon receipt of satisfactory survey results according to 895 department criteria, the department shall reduce the 896 requirements of such owner or operator from monitoring and 897 reporting on a quarterly basis to performing these functions on 898 an annual basis. Any revised monitoring and reporting schedule 899 approved by the department under this subsection shall apply 900 until such time as a violation of applicable state or federal 901 primary drinking water standards is determined by the system 902 owner or operator, by the department, or by an agency designated 903 by the department, after a random or routine sanitary survey. 904 Certified operators are not required for transient noncommunity 905 water systems of the type and size covered by this subsection. 906 Any reports required of such system shall be limited to the 907 minimum as required by federal law. When not contrary to the 908 provisions of federal law, the department may, upon request and 909 by rule, waive additional provisions of state drinking water 910 regulations for such systems. 911 Section 22. Paragraph (a) of subsection (3) and subsections 912 (4), (5), (10), (11), (14), (15), and (18) of section 403.973, 913 Florida Statutes, are amended to read: 914 403.973 Expedited permitting; amendments to comprehensive 915 plans.— 916 (3)(a) The secretary shall direct the creation of regional 917 permit action teams for the purpose of expediting review of 918 permit applications and local comprehensive plan amendments 919 submitted by: 920 1. Businesses creating at least 50 jobs or a commercial or 921 industrial development project that will be occupied by 922 businesses that would individually or collectively create at 923 least 50 jobs; or 924 2. Businesses creating at least 25 jobs if the project is 925 located in an enterprise zone, or in a county having a 926 population of fewer than 75,000 or in a county having a 927 population of fewer than 125,000 which is contiguous to a county 928 having a population of fewer than 75,000, as determined by the 929 most recent decennial census, residing in incorporated and 930 unincorporated areas of the county. 931 (4) The regional teams shall be established through the 932 execution of a project-specific memoranda of agreement developed 933 and executed by the applicant and the secretary, with input 934 solicited fromthe Department of Economic Opportunity andthe 935 respective heads of the Department of Transportation and its 936 district offices, the Department of Agriculture and Consumer 937 Services, the Fish and Wildlife Conservation Commission, 938 appropriate regional planning councils, appropriate water 939 management districts, and voluntarily participating 940 municipalities and counties. The memoranda of agreement should 941 also accommodate participation in this expedited process by 942 other local governments and federal agencies as circumstances 943 warrant. 944 (5) In order to facilitate local government’s option to 945 participate in this expedited review process, the secretary 946 shall, in cooperation with local governments and participating 947 state agencies, create a standard form memorandum of agreement. 948 The standard form of the memorandum of agreement shall be used 949 only if the local government participates in the expedited 950 review process. In the absence of local government 951 participation, only the project-specific memorandum of agreement 952 executed pursuant to subsection (4) applies. A local government 953 shall hold a duly noticed public workshop to review and explain 954 to the public the expedited permitting process and the terms and 955 conditions of the standard form memorandum of agreement. 956 (10) The memoranda of agreement may provide for the waiver 957 or modification of procedural rules prescribing forms, fees, 958 procedures, or time limits for the review or processing of 959 permit applications under the jurisdiction of those agencies 960 that are members of the regional permit action teamparty to the961memoranda of agreement. Notwithstanding any other provision of 962 law to the contrary, a memorandum of agreement must to the 963 extent feasible provide for proceedings and hearings otherwise 964 held separatelyby the parties to the memorandum of agreementto 965 be combined into one proceeding or held jointly and at one 966 location. Such waivers or modifications are not authorizedshall967not be availablefor permit applications governed by federally 968 delegated or approved permitting programs, the requirements of 969 which would prohibit, or be inconsistent with, such a waiver or 970 modification. 971 (11) Thestandard form formemoranda of agreement shall 972 include guidelines to be used in working with state, regional, 973 and local permitting authorities. Guidelines may include, but 974 are not limited to, the following: 975 (a) A central contact point for filing permit applications 976 and local comprehensive plan amendments and for obtaining 977 information on permit and local comprehensive plan amendment 978 requirements.;979 (b) Identification of the individual or individuals within 980 each respective agency who will be responsible for processing 981 the expedited permit application or local comprehensive plan 982 amendment for that agency.;983 (c) A mandatory preapplication review process to reduce 984 permitting conflicts by providing guidance to applicants 985 regarding the permits needed from each agency and governmental 986 entity, site planning and development, site suitability and 987 limitations, facility design, and steps the applicant can take 988 to ensure expeditious permit application and local comprehensive 989 plan amendment review. As a part of this process, the first 990 interagency meeting to discuss a project shall be held within 14 991 days after the secretary’s determination that the project is 992 eligible for expedited review. Subsequent interagency meetings 993 may be scheduled to accommodate the needs of participating local 994 governments that are unable to meet public notice requirements 995 for executing a memorandum of agreement within this timeframe. 996 This accommodation may not exceed 45 days from the secretary’s 997 determination that the project is eligible for expedited 998 review.;999 (d) The preparation of a single coordinated project 1000 description form and checklist and an agreement by state and 1001 regional agencies to reduce the burden on an applicant to 1002 provide duplicate information to multiple agencies.;1003 (e) Establishment of a process for the adoption and review 1004 of any comprehensive plan amendment needed by any certified 1005 project within 90 days after the submission of an application 1006 for a comprehensive plan amendment. However, the memorandum of 1007 agreement may not prevent affected persons as defined in s. 1008 163.3184 from appealing or participating in this expedited plan 1009 amendment process and any review or appeals of decisions made 1010 under this paragraph.; and1011 (f) Additional incentives for an applicant who proposes a 1012 project that provides a net ecosystem benefit. 1013 (14)(a) Challenges to state agency action in the expedited 1014 permitting process for projects processed under this section are 1015 subject to the summary hearing provisions of s. 120.574, except 1016 that the administrative law judge’s decision, as provided in s. 1017 120.574(2)(f), shall be in the form of a recommended order and 1018 do not constitute the final action of the state agency. In those 1019 proceedings where the action of only one agency of the state 1020 other than the Department of Environmental Protection is 1021 challenged, the agency of the state shall issue the final order 1022 within 45 working days after receipt of the administrative law 1023 judge’s recommended order, and the recommended order shall 1024 inform the parties of their right to file exceptions or 1025 responses to the recommended order in accordance with the 1026 uniform rules of procedure pursuant to s. 120.54. In those 1027 proceedings where the actions of more than one agency of the 1028 state are challenged, the Governor shall issue the final order 1029 within 45 working days after receipt of the administrative law 1030 judge’s recommended order, and the recommended order shall 1031 inform the parties of their right to file exceptions or 1032 responses to the recommended order in accordance with the 1033 uniform rules of procedure pursuant to s. 120.54. ForThis1034paragraph does not apply tothe issuance of department licenses 1035 required under any federally delegated or approved permit 1036 program. In such instances, the department, and not the 1037 Governor, shall enter the final order. The participating 1038 agencies of the state may opt at the preliminary hearing 1039 conference to allow the administrative law judge’s decision to 1040 constitute the final agency action. 1041 (b) Projects identified in paragraph (3)(f) or challenges 1042 to state agency action in the expedited permitting process for 1043 establishment of a state-of-the-art biomedical research 1044 institution and campus in this state by the grantee under s. 1045 288.955 are subject to the same requirements as challenges 1046 brought under paragraph (a), except that, notwithstanding s. 1047 120.574, summary proceedings must be conducted within 30 days 1048 after a party files the motion for summary hearing, regardless 1049 of whether the parties agree to the summary proceeding. 1050 (15) The Department of Economic Opportunity, working with 1051 the agencies providing cooperative assistance and input 1052 regarding the memoranda of agreement, shall review sites 1053 proposed for the location of facilities that the Department of 1054 Economic Opportunity has certified to be eligible for the 1055 Innovation Incentive Program under s. 288.1089. Within 20 days 1056 after the request for the review by the Department of Economic 1057 Opportunity, the agencies shall provide to the Department of 1058 Economic Opportunity a statement as to each site’s necessary 1059 permits under local, state, and federal law and an 1060 identification of significant permitting issues, which if 1061 unresolved, may result in the denial of an agency permit or 1062 approval or any significant delay caused by the permitting 1063 process. 1064 (18) The Department of Economic Opportunity, working with 1065 the Rural Economic Development Initiativeand the agencies1066participating in the memoranda of agreement, shall provide 1067 technical assistance in preparing permit applications and local 1068 comprehensive plan amendments for counties having a population 1069 of fewer than 75,000 residents, or counties having fewer than 1070 125,000 residents which are contiguous to counties having fewer 1071 than 75,000 residents. Additional assistance may include, but 1072 not be limited to, guidance in land development regulations and 1073 permitting processes, working cooperatively with state, 1074 regional, and local entities to identify areas within these 1075 counties which may be suitable or adaptable for preclearance 1076 review of specified types of land uses and other activities 1077 requiring permits. 1078 Section 23. Subsection (1) of section 526.203, Florida 1079 Statutes, is amended, and subsection (5) is added to that 1080 section, to read: 1081 526.203 Renewable fuel standard.— 1082 (1) DEFINITIONS.—As used in this act: 1083 (a) “Blender,” “importer,” “terminal supplier,” and 1084 “wholesaler” are defined as provided in s. 206.01. 1085 (b) “Blended gasoline” means a mixture of 90 to 91 percent 1086 gasoline and 9 to 10 percent fuel ethanol or other alternative 1087 fuel, by volume, that meets the specifications as adopted by the 1088 department. The fuel ethanol or other alternative fuel portion 1089 may be derived from any agricultural source. 1090 (c) “Fuel ethanol” means an anhydrous denatured alcohol 1091 produced by the conversion of carbohydrates that meets the 1092 specifications as adopted by the department. 1093 (d) “Alternative fuel” means a fuel produced from biomass 1094 that is used to replace or reduce the quantity of fossil fuel 1095 present in a petroleum fuel that meets the specifications as 1096 adopted by the department. “Biomass” means biomass as defined in 1097 s. 366.91 and “alternative fuel” means alternative fuel as 1098 defined in s. 525.01(1)(c) and that is suitable for blending 1099 with gasoline. 1100 (e)(d)“Unblended gasoline” means gasoline that has not 1101 been blended with fuel ethanol and that meets the specifications 1102 as adopted by the department. 1103 (5) SALE OF UNBLENDED GASOLINE.—This section does not 1104 prohibit the sale of unblended gasoline for the uses exempted 1105 under subsection (3). 1106 Section 24. The holder of a valid permit or other 1107 authorization is not required to make a payment to the 1108 authorizing agency for use of an extension granted under s. 73 1109 or s. 79 of chapter 2011-139, Laws of Florida. This section 1110 applies retroactively and is effective as of June 2, 2011. 1111 Section 25. This act shall take effect July 1, 2012.