Florida Senate - 2024 SENATOR AMENDMENT Bill No. CS for SB 7040 Ì841004gÎ841004 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 02/22/2024 10:09 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Harrell moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. (1) The following rule is ratified for the sole 6 and exclusive purpose of satisfying any condition on 7 effectiveness imposed under s. 120.541(3), Florida Statutes: 8 rule 62-330, Florida Administrative Code, titled “Environmental 9 Resource Permitting,” as filed for adoption with the Department 10 of State pursuant to the certification package dated April 28, 11 2023. 12 (2) Except for the changes set forth in section 2 as to 13 rule 62-330.010, Florida Administrative Code, this section 14 serves no other purpose and may not be codified in the Florida 15 Statutes. After this act becomes a law, its enactment and 16 effective dates must be noted in the Florida Administrative 17 Code, the Florida Administrative Register, or both, as 18 appropriate. This section does not alter rulemaking authority 19 delegated by prior law, does not constitute legislative 20 preemption of or exception to any provision of law governing 21 adoption or enforcement of the rule cited, and is intended to 22 preserve the status of any cited rule as a rule under chapter 23 120, Florida Statutes. This section does not cure any rulemaking 24 defect or preempt any challenge based on a lack of authority or 25 a violation of the legal requirements governing adoption of any 26 rule cited. 27 Section 2. Subsection (7) is added to section 373.4131, 28 Florida Statutes, to read: 29 373.4131 Statewide environmental resource permitting 30 rules.— 31 (7) The Legislature ratifies rule 62-330.010, Florida 32 Administrative Code, titled “Purpose and Implementation,” as 33 filed for adoption with the Department of State pursuant to the 34 certification package dated April 28, 2023, with the following 35 changes: 36 (a) Section 3.1.2(e)3. of the Applicant’s Handbook Volume 37 I, incorporated in rule 62-330.010(4)(a), Florida Administrative 38 Code, is changed to add, after the last sentence, the following: 39 “Nothing in Section 3.1.2(e)3. shall eliminate any grandfather 40 provisions in Section 1.4.2 and other grandfather provisions of 41 Section 3.1.2 in existence prior to [effective date]. Projects 42 listed in Section 3.1.2(e)3. shall use all forms in effect at 43 the time the permit was originally issued, except for those 44 subsequent permits to construct and operate the future phases 45 consistent with an unexpired conceptual approval permit which 46 shall use the following forms effective [effective date]: Form 47 62-330.301(26) Financial Capability Certification; Form 62 48 330.301(25) Dam System Information; Form 62-330.311(1) Operation 49 and Maintenance Certification; and Form 62-330.311(3) Inspection 50 Checklists, as applicable.” 51 (b) Section 8.3.4(a)3. of the Applicant’s Handbook Volume 52 I, incorporated in rule 62-330.010(4)(a), Florida Administrative 53 Code, is changed to read: “the post-development condition 54 average annual loading, of those pollutants not meeting water 55 quality standards, that is less than that of the predevelopment 56 condition.” 57 (c) Section 8.3.4(b)2. of the Applicant’s Handbook Volume 58 I, incorporated in rule 62-330.010(4)(a), Florida Administrative 59 Code, is changed to read: “the post-development condition 60 average annual loading, of those pollutants not meeting water 61 quality standards, that is less than that of the predevelopment 62 condition.” 63 (d) Section 8.3.5 of the Applicant’s Handbook Volume I, 64 incorporated in rule 62-330.010(4)(a), Florida Administrative 65 Code, is changed to read: “Stormwater treatment systems serving 66 redevelopment activities shall either meet the requirements of 67 Sections 8.3.2 through 8.3.4 or provide an alternate level of 68 treatment sufficient to accomplish: 69 (a) an 80 percent reduction of the post-development average 70 annual loading of TP and a 45 percent reduction of the post 71 development average annual loading of TN from the project area; 72 and 73 (b) for stormwater systems located within a HUC 12 sub 74 watershed containing an OFW and located upstream of that OFW, a 75 90 percent reduction of the post-development average annual 76 loading of TP and a 60 percent reduction of the post-development 77 average annual loading of TN from the project area; and 78 (c) for stormwater treatment systems located within a HUC 79 12 sub-watershed which contains an impaired water and located 80 upstream of that impaired water, a level of treatment sufficient 81 to accomplish a post-development condition average annual 82 loading, of those pollutants not meeting water quality 83 standards, that is less than that of the predevelopment 84 condition.” 85 (e) The first sentence of Section 12.5(a) of the 86 Applicant’s Handbook Volume I, incorporated in rule 62 87 330.010(4)(a), Florida Administrative Code, is changed to read: 88 “All operation and maintenance entities, other than MS4 89 Entities, shall conduct and report inspections in accordance 90 with this section; except that those specific activities and 91 best management practices regulated by the South Florida Water 92 Management District pursuant to Chapter 40E-63, F.A.C., or by 93 the Department of Agriculture and Consumer Services pursuant to 94 Title 5M, F.A.C., and Section 403.067(7)(c)2., F.S., shall be 95 inspected in accordance with such applicable rules and laws.” 96 (f) Section 8.2.2 of the Applicant’s Handbook Volume I, 97 incorporated in rule 62-330.010(4)(a), Florida Administrative 98 Code, is changed to add, after the last sentence, the following: 99 “When an applicant demonstrates that its designs and plans, 100 including any supporting information, meet the performance 101 standards of Sections 8.2.3 and 8.3 by performing the analysis 102 specified in Section 9 and, if applicable, in Volume II or 103 Appendix O of Volume I, employing the structural best management 104 practices specified therein as needed, and provides the 105 information required by such sections, the applicant shall have 106 satisfied the conditions for issuance of rule 62-330.301(1)(e), 107 F.A.C., and rule 62-330.301(3), F.A.C., if applicable, and is 108 entitled to the presumption of Section 373.4131(3)(b), F.S.” 109 (g) Section 8.3.1 of the Applicant’s Handbook Volume I, 110 incorporated in rule 62-330.010(4)(a), Florida Administrative 111 Code, is changed to read: “Each applicant shall demonstrate, 112 through modeling or calculations as described in Section 9, that 113 their proposed stormwater management system is designed to 114 discharge to the required treatment level based on the 115 performance standards described in Sections 8.3.2 through 8.3.5 116 below. For the purposes of this section, annual loading from the 117 proposed project refers to post-development loads before 118 treatment, as calculated in Section 9 of this volume. Stormwater 119 treatment systems shall be designed to achieve at least an 80 120 percent reduction of the average annual post-development total 121 suspended solids (TSS) load, or 95 percent of the average annual 122 post-development TSS load for those proposed projects located 123 within a HUC 12 sub-watershed containing an Outstanding Florida 124 Water (OFW) and located upstream of that OFW. There is a 125 rebuttable presumption that this standard is met when structural 126 stormwater best management practices (BMPs) are designed to meet 127 the applicable design standards in Sections 8.3.2 through 8.3.5 128 below.” 129 (h) Section 9.1 of the Applicant’s Handbook Volume I, 130 incorporated in rule 62-330.010(4)(a), Florida Administrative 131 Code, is changed to read: “Applicants are required to provide 132 nutrient load reduction calculations in their application. To 133 calculate the required stormwater nutrient load reduction for a 134 project, the applicant should: 135 1. Determine whether the site falls within the same HUC 12 136 sub-watershed as, and is upstream of, an OFW or impaired water, 137 and select the corresponding performance standard from Section 138 8.3 of this volume; 139 2. Determine the pre-development average annual average 140 mass loading of the project area for both total nitrogen (TN) 141 and total phosphorus (TP) through modeling or as described in 142 Section 9.2; 143 3. Calculate the project area’s post-development annual 144 average mass loading before treatment for both TN and TP through 145 modeling or as described in Section 9.2; 146 4. Determine the percent TN and TP reduction needed as 147 defined within Sections 8.3 and 9.3 of this volume. The greater 148 percent load reduction will be the requirement for the project; 149 and 150 5. Determine which BMPs, or other treatment and reduction 151 options, will be used to meet the required TN and TP load 152 reductions that are equivalent to, or which exceed, the 153 applicable performance standards in Sections 8.2.3 through 154 8.3.6. Information on how to calculate nutrient load reduction 155 for BMP Treatment Train is found in Section 9.5 of this volume. 156 157 When an applicant provides reasonable assurance that its 158 modeling, calculations, and applicable supporting documentation 159 satisfy the provisions described above, the applicant shall have 160 demonstrated that it meets the performance standards specified 161 under Sections 8.2.3 through 8.3.6 of this volume. 162 (i) Section 3.1.2(e)4. of the Applicant’s Handbook Volume 163 I, incorporated in rule 62-330.010(4)(a), Florida Administrative 164 Code, is changed to read: “Projects or activities that are the 165 subject of a general or individual permit application that is 166 deemed complete on or before [effective date + 18 months] shall 167 be exempt from the amendments to Chapter 62-330, F.A.C., and 168 Volume I adopted on [effective date], and the corresponding 169 amendments to the applicable Volume II.” 170 (j) Section 3.1.2(f) shall be added to the Applicant’s 171 Handbook Volume I, incorporated in rule 62-330.010(4)(a), 172 Florida Administrative Code, and shall read: “Development or 173 other construction projects for which stormwater management and 174 design plans were submitted to a local or other government 175 agency before January 1, 2024, shall be exempt from the 176 amendments to Chapter 62-330, F.A.C., and Volume I adopted on 177 [effective date], and the corresponding amendments to the 178 applicable Volume II, for any of the following: 179 1. A project that was submitted as part of a local building 180 permit or as part of an application for a site plan or 181 subdivision plat approval. 182 2. An approved regional stormwater management system 183 designed and permitted pursuant to an effective permit under 184 part IV of chapter 373, F.S. 185 (k) Section 3.1.2(g) shall be added to the Applicant’s 186 Handbook Volume I, incorporated in rule 62-330.010(4)(a), 187 Florida Administrative Code, and shall read: “Stormwater 188 management systems constructed in accordance with a binding 189 ecosystem management agreement executed by the department 190 pursuant to Section 403.0752, F.S., before January 1, 2024, are 191 exempt from the amendments to chapter 62-330, Florida 192 Administrative Code, the Applicant’s Handbook Volume I adopted 193 on [effective date], and corresponding amendments to the 194 Applicant’s Handbook Volume II.” 195 (l) Section 3.1.2(h) shall be added to the Applicant’s 196 Handbook Volume I, incorporated in rule 62-330.010(4)(a), 197 Florida Administrative Code, and shall read: “Stormwater 198 management and design plans for a valid development of regional 199 impact, as defined in Section 380.06, F.S., with a development 200 order, as defined pursuant to Section 380.031, F.S., issued 201 before January 1, 2024, are exempt, until October 1, 2044, from 202 the amendments to chapter 62-330, Florida Administrative Code, 203 the Applicant’s Handbook Volume I adopted on [effective date], 204 and corresponding amendments to the Applicant’s Handbook Volume 205 II, except where there has been an official determination or 206 classification that an approved development of regional impact 207 was essentially built out, as discussed in Section 380.06(4), 208 F.S., after [effective date].” 209 (m) Section 3.1.2(i) shall be added to the Applicant’s 210 Handbook Volume I, incorporated in rule 62-330.010(4)(a), 211 Florida Administrative Code, and shall read: “Stormwater 212 management and design plans for a planned unit development final 213 development plan approved pursuant to a local ordinance, 214 resolution, or other final action by a local governing body 215 before January 1, 2024, are exempt, until October 1, 2034, from 216 the amendments to chapter 62-330, Florida Administrative Code, 217 the Applicant’s Handbook Volume I adopted on [effective date], 218 and corresponding amendments to the Applicant’s Handbook Volume 219 II.” 220 221 Any future amendments to those portions of the Applicant’s 222 Handbook Volume I, incorporated in rule 62-330.010(4)(a), 223 Florida Administrative Code, included in this subsection must be 224 submitted in bill form to the Speaker of the House of 225 Representatives and to the President of the Senate for their 226 consideration and referral to the appropriate committees. Such 227 amendments shall become effective only upon approval by act of 228 the Legislature. 229 Section 3. This act shall take effect upon becoming a law. 230 231 ================= T I T L E A M E N D M E N T ================ 232 And the title is amended as follows: 233 Delete everything before the enacting clause 234 and insert: 235 A bill to be entitled 236 An act relating to the ratification of the Department 237 of Environmental Protection’s rules relating to 238 stormwater; ratifying a specified rule relating to 239 environmental resource permitting for the sole and 240 exclusive purpose of satisfying any condition on 241 effectiveness pursuant to s. 120.541(3), F.S., which 242 requires ratification of any rule exceeding the 243 specified thresholds for likely adverse impact or 244 increase in regulatory costs; providing construction; 245 amending s. 373.4131, F.S.; ratifying rule 62-330.010, 246 Florida Administrative Code, with specified changes; 247 requiring that specified future amendments to such 248 rule be submitted in bill form to, and approved by, 249 the Legislature; providing an effective date.