Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 7040 Ì175060xÎ175060 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/13/2024 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.”