Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 7040
       
       
       
       
       
       
                                Ì175060xÎ175060                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/13/2024           .                                
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       The Appropriations Committee on Agriculture, Environment, and
       General Government (Mayfield) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Between lines 109 and 110
    4  insert:
    5         (f)Section 8.2.2 of the Applicant’s Handbook Volume I,
    6  incorporated in rule 62-330.010(4)(a), Florida Administrative
    7  Code, is changed to add, after the last sentence, the following:
    8  “When an applicant demonstrates that its designs and plans,
    9  including any supporting information, meet the performance
   10  standards of Sections 8.2.3 and 8.3 by performing the analysis
   11  specified in Section 9 and, if applicable, in Volume II or
   12  Appendix O of Volume I, employing the structural best management
   13  practices specified therein as needed, and provides the
   14  information required by such sections, the applicant shall have
   15  satisfied the conditions for issuance of rule 62-330.301(1)(e),
   16  F.A.C., and rule 62-330.301(3), F.A.C., if applicable, and is
   17  entitled to the presumption of subsection 373.4131(3)(b), F.S.”
   18         (g)Section 8.3.1 of the Applicant’s Handbook Volume I,
   19  incorporated in rule 62-330.010(4)(a), Florida Administrative
   20  Code, is changed to read: “Each applicant shall demonstrate,
   21  through modeling or calculations as described in Section 9, that
   22  their proposed stormwater management system is designed to
   23  discharge to the required treatment level based on the
   24  performance standards described in Sections 8.3.2 through 8.3.5
   25  below. For the purposes of this section, annual loading from the
   26  proposed project refers to post-development loads before
   27  treatment, as calculated in Section 9 of this volume. Stormwater
   28  treatment systems shall be designed to achieve at least an 80
   29  percent reduction of the average annual post-development total
   30  suspended solids (TSS) load, or 95 percent of the average annual
   31  post-development TSS load for those proposed projects located
   32  within a HUC 12 subwatershed containing an Outstanding Florida
   33  Water (OFW) and located upstream of that OFW. There is a
   34  rebuttable presumption that this standard is met when structural
   35  stormwater best management practices (BMPs) are designed to meet
   36  the applicable design standards in Sections 8.3.2 through 8.3.5
   37  below.
   38         (h)Section 9.1 of the Applicant’s Handbook Volume I,
   39  incorporated in rule 62-330.010(4)(a), Florida Administrative
   40  Code, is changed to read: “Applicants are required to provide
   41  nutrient load reduction calculations in their application. To
   42  calculate the required stormwater nutrient load reduction for a
   43  project, the applicant should:
   44  
   45         Determine whether the site falls within the same HUC
   46         12 subwatershed as, and is upstream of, an OFW or
   47         impaired water, and select the corresponding
   48         performance standard from Section 8.3 of this volume;
   49  
   50         Determine the pre-development average annual average
   51         mass loading of the project area for both total
   52         nitrogen (TN) and total phosphorus (TP) through
   53         modeling or as described in Section 9.2;
   54  
   55         Calculate the project area’s post-development annual
   56         average mass loading before treatment for both TN and
   57         TP through modeling or as described in Section 9.2;
   58  
   59         Determine the percent TN and TP reduction needed as
   60         defined within Sections 8.3 and 9.3 of this volume.
   61         The greater percent load reduction will be the
   62         requirement for the project; and
   63  
   64         Determine which BMPs, or other treatment and reduction
   65         options, will be used to meet the required TN and TP
   66         load reductions that are equivalent to, or which
   67         exceed, the applicable performance standards in
   68         Sections 8.2.3 through 8.3.6. Information on how to
   69         calculate nutrient load reduction for BMP Treatment
   70         Train is found in Section 9.5 of this volume.
   71  
   72         When an applicant provides reasonable assurance that its
   73  modeling, calculations, and applicable supporting documentation
   74  satisfy the provisions described above, the applicant shall have
   75  demonstrated that it meets the performance standards specified
   76  under Sections 8.2.3 through 8.3.6 of this volume.”