Bean, Rubio, Scott Introduce New Bill to Codify Florida Permitting Program

WASHINGTON—This week, U.S. Congressman Aaron Bean (FL-04) introduced H.R. 8101, the Maintaining Cooperative Permitting Act of 2024, to protect the ability of states, like Florida, to continue their state 404 Permitting Programs. This is the House companion to U.S. Senators Marco Rubio (R-FL) and Rick Scott’s (R-FL) bill, S. 4162. 

Specifically, this bill would codify the dredge and fill permitting programs administered by the States of Florida, Michigan, and New Jersey and clarify the law so that other states may successfully navigate the process to assume this authority. 

“The ability for states to take the lead in regulating their natural resources is vital, especially in the Sunshine State. Florida’s 404 permitting program remains essential for protecting our iconic wildlife and valued wetlands, while reducing wasteful duplication and improving responsiveness to applicants and the communities’ projects they serve,” said Congressman Bean.

“The federal government should seek to delegate authority to the states whenever it can, especially when the procedures are clearly provided in law. My bill would codify the State of Florida’s Clean Water Act permitting program, consistent with Congressional intent, to ensure permitting decisions affecting Florida are made by Floridians, not by one-size-fits-all Washington bureaucrats,” said Senator Rubio.

“Florida has unique waterways and natural resources that shouldn’t be regulated by a one-size-fits-all federal structure. This bill protects Florida’s Clean Water Act permitting authorities that I fought for as Governor and secured as Senator under the prior administration, and ensures our state has the power to make the best decisions for Floridians while protecting our natural resources for future generations,” said Senator Scott

BACKGROUND 

• In 2018, Florida’s Legislature passed a bill that gave DEP authority to begin the public rulemaking process to better protect the state's wetlands and surface waters by assuming the federal dredge and fill permitting program under section 404 of the federal Clean Water Act within certain waters. 
   
• The State 404 Program is responsible for overseeing permitting for any project proposing dredge or fill activities within state assumed waters.
   
• On Feb. 15, 2024, a federal judge issues an order divesting the Florida Department of Environmental Protection (DEP) of its authority to issue State 404 Program permits in Florida. 
   
• More than 1,000 State 404 permit applications were pending before DEP and are presently disrupted. Beyond just large-scale development projects this decision directly impeded efforts to review and authorize a wide range of 404 permit applications that benefit the environment and public.

View Congressman Bean’s bill HERE.

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