Florida Senate - 2012 SB 2060
By the Committee on Environmental Preservation and Conservation
592-02232-12 20122060__
1 A bill to be entitled
2 An act relating to rules establishing numeric nutrient
3 criteria; exempting specified rules from legislative
4 ratification under s. 120.541(3), F.S.; requiring the
5 Department of Environmental Protection to publish
6 certain notice; requiring legislative ratification of
7 certain subsequent rules or amendments; directing the
8 department to submit specified rules to the United
9 States Environmental Protection Agency for review
10 under the federal Clean Water Act; providing an
11 effective date.
12
13 WHEREAS, the Department of Environmental Protection
14 proposed amendments to chapters 62-302 and 62-303, Florida
15 Administrative Code, addressing nutrient pollution in waters of
16 the state, and
17 WHEREAS, on December 8, 2011, the Environmental Regulation
18 Commission approved proposed amendments to chapters 62-302 and
19 62-303, Florida Administrative Code, addressing nutrient
20 pollution in waters of the state in an integrated,
21 comprehensive, and consistent manner, and
22 WHEREAS, estimates of the cost to implement the
23 department’s proposed amendments to chapters 62-302 and 62-303,
24 Florida Administrative Code, are significantly less than
25 estimates of the cost to implement the numeric nutrient criteria
26 rules adopted by the United States Environmental Protection
27 Agency, and
28 WHEREAS, for purposes of compliance with the federal Clean
29 Water Act, the department’s proposed amendments to chapters 62
30 302 and 62-303, Florida Administrative Code, must be approved by
31 the United States Environmental Protection Agency in order to
32 replace the agency’s adopted numeric nutrient criteria rules,
33 which are scheduled to take effect March 6, 2012, unless
34 extended to June 4, 2012, as proposed by the agency, and
35 WHEREAS, after adoption by the department, the amendments
36 to chapters 62-302 and 62-303, Florida Administrative Code,
37 require legislative ratification pursuant to s. 120.541(3),
38 Florida Statutes, and
39 WHEREAS, a recently filed rule challenge pending before the
40 Division of Administrative Hearings has delayed adoption by the
41 department, making the rules unavailable for ratification during
42 the 2012 Regular Session, and
43 WHEREAS, exempting the proposed amendments to chapters 62
44 302 and 62-303, Florida Administrative Code, from legislative
45 ratification and directing the department to expeditiously
46 submit the proposed amendments to the United States
47 Environmental Protection Agency will facilitate the agency’s
48 review of the proposed amendments under s. 303(c) of the Clean
49 Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq., NOW,
50 THEREFORE,
51
52 Be It Enacted by the Legislature of the State of Florida:
53
54 Section 1. (1) The rules proposed by the Department of
55 Environmental Protection as rules 62-302.200, 62-302.530,
56 62.302.531, 62.302.532, 62-302.800, 62-303.150, 62-303.200, 62
57 303.310, 62-303.330, 62-303.350, 62-303.351, 62-303.352, 62
58 303.353, 62-303.354, 62-303.390, 62-303.420, 62-303.430, 62
59 303.450, 62-303.710, and 62-303.720, Florida Administrative
60 Code, notices of which were published on November 10, 2011, in
61 the Florida Administrative Weekly, Vol. 37, No. 45, pages 3753
62 3775, as approved by the Environmental Regulation Commission on
63 December 8, 2011, and the subsequent changes to proposed rules
64 62-302.200, 62-302.531, 62-302.532, 62-302.800, 62-303.200, 62
65 303.330, 62-303.350, 62-303.351, 62-303.352, 62-303.353, 62
66 303.390, and 62-303.430, Florida Administrative Code, which were
67 published on December 22, 2011, in the Florida Administrative
68 Weekly, Vol. 37, No. 51, pages 4444-4450, are exempt from
69 ratification under s. 120.541(3), Florida Statutes. At the time
70 of filing these rules for adoption, or as soon thereafter as
71 practicable, the department shall publish a notice of the
72 enactment of this exemption in the Florida Administrative
73 Weekly.
74 (2) After adoption of proposed rule 62-302.531(9), Florida
75 Administrative Code, a nonseverability and effective date
76 provision approved by the commission on December 8, 2011, in
77 accordance with the commission’s legislative authority under s.
78 403.804, Florida Statutes, notice of which was published by the
79 department on December 22, 2011, in the Florida Administrative
80 Weekly, Vol. 37, No. 51, page 4446, any subsequent rule or
81 amendment altering the effect of such rule shall be submitted to
82 the President of the Senate and the Speaker of the House of
83 Representatives no later than 30 days before the next regular
84 legislative session, and such amendment may not take effect
85 until it is ratified by the Legislature.
86 (3) Within 30 days after the effective date of this act,
87 the proposed rules specified in subsection (1) shall be
88 submitted by the department to the regional administrator of the
89 United States Environmental Protection Agency for review under
90 s. 303(c) of the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C.
91 ss. 1251 et seq.
92 Section 2. This act shall take effect upon becoming a law.