Florida Senate - 2024 (Proposed Bill) SPB 7040 FOR CONSIDERATION By the Committee on Environment and Natural Resources 592-02234B-24 20247040pb 1 A bill to be entitled 2 An act relating to the ratification of the Department 3 of Environmental Protection’s rules relating to 4 stormwater; ratifying a specified rule relating to 5 environmental resource permitting for the sole and 6 exclusive purpose of satisfying any condition on 7 effectiveness pursuant to s. 120.541(3), F.S., which 8 requires ratification of any rule exceeding the 9 specified thresholds for likely adverse impact or 10 increase in regulatory costs; providing construction; 11 amending s. 373.4131, F.S.; ratifying rule 62-330.010, 12 Florida Administrative Code, with specified changes; 13 requiring that specified future amendments to such 14 rule be submitted in bill form to and approved by the 15 Legislature; providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. (1) The following rule is ratified for the sole 20 and exclusive purpose of satisfying any condition on 21 effectiveness imposed under s. 120.541(3), Florida Statutes: 22 rule 62-330, Florida Administrative Code, titled “Environmental 23 Resource Permitting,” as filed for adoption with the Department 24 of State pursuant to the certification package dated April 28, 25 2023. 26 (2) Except for the changes set forth in section 2 as to 27 rule 62-330.010, Florida Administrative Code, this section 28 serves no other purpose and may not be codified in the Florida 29 Statutes. After this act becomes a law, its enactment and 30 effective dates must be noted in the Florida Administrative 31 Code, the Florida Administrative Register, or both, as 32 appropriate. This section does not alter rulemaking authority 33 delegated by prior law, does not constitute legislative 34 preemption of or exception to any provision of law governing 35 adoption or enforcement of the rule cited, and is intended to 36 preserve the status of any cited rule as a rule under chapter 37 120, Florida Statutes. This section does not cure any rulemaking 38 defect or preempt any challenge based on a lack of authority or 39 a violation of the legal requirements governing adoption of any 40 rule cited. 41 Section 2. Subsection (7) is added to section 373.4131, 42 Florida Statutes, to read: 43 373.4131 Statewide environmental resource permitting 44 rules.— 45 (7) The Legislature ratifies rule 62-330.010, Florida 46 Administrative Code, titled “Purpose and Implementation,” as 47 filed for adoption with the Department of State pursuant to the 48 certification package dated April 28, 2023, with the following 49 changes: 50 (a) Section 3.1.2(e)3. of the Applicant’s Handbook Volume 51 I, incorporated in rule 62-330.010(4)(a), Florida Administrative 52 Code, is changed to add, after the last sentence, the following: 53 “Nothing in Section 3.1.2(e)3. shall eliminate any grandfather 54 provisions in Section 1.4.2 and other grandfather provisions of 55 Section 3.1.2 in existence prior to [effective date]. Projects 56 listed in Section 3.1.2(e)3. shall use all forms in effect at 57 the time the permit was originally issued, except for those 58 subsequent permits to construct and operate the future phases 59 consistent with an unexpired conceptual approval permit which 60 shall use the following forms effective [effective date]: Form 61 62-330.301(26) Financial Capability Certification; Form 62 62 330.301(25) Dam System Information; Form 62-330.311(1) Operation 63 and Maintenance Certification; and Form 62-330.311(3) Inspection 64 Checklists, as applicable.” 65 (b) Section 8.3.4(a)3 of the Applicant’s Handbook Volume I, 66 incorporated in rule 62-330.010(4)(a), Florida Administrative 67 Code, is changed to read: “the post-development condition 68 average annual loading, of those pollutants not meeting water 69 quality standards, that is less than that of the predevelopment 70 condition.” 71 (c) Section 8.3.4(b)2 of the Applicant’s Handbook Volume I, 72 incorporated in rule 62-330.010(4)(a), Florida Administrative 73 Code, is changed to read: “the post-development condition 74 average annual loading, of those pollutants not meeting water 75 quality standards, that is less than that of the predevelopment 76 condition.” 77 (d) Section 8.3.5 of the Applicant’s Handbook Volume I, 78 incorporated in rule 62-330.010(4)(a), Florida Administrative 79 Code, is changed to read: “Stormwater treatment systems serving 80 redevelopment activities shall either meet the requirements of 81 Sections 8.3.2 through 8.3.4 or provide an alternate level of 82 treatment sufficient to accomplish: 83 (a) an 80 percent reduction of the post-development average 84 annual loading of TP and a 45 percent reduction of the post 85 development average annual loading of TN from the project area; 86 and 87 (b) for stormwater systems located within a HUC 12 88 subwatershed containing an OFW and located upstream of that OFW, 89 a 90 percent reduction of the post-development average annual 90 loading of TP and a 60 percent reduction of the post-development 91 average annual loading of TN from the project area; and 92 (c) for stormwater treatment systems located within a HUC 93 12 subwatershed which contains an impaired water and located 94 upstream of that impaired water, a level of treatment sufficient 95 to accomplish a post-development condition average annual 96 loading, of those pollutants not meeting water quality 97 standards, that is less than that of the predevelopment 98 condition.” 99 (e) The first sentence of Section 12.5(a) of the 100 Applicant’s Handbook Volume I, incorporated in rule 62 101 330.010(4)(a), Florida Administrative Code, is changed to read: 102 “All operation and maintenance entities, other than MS4 103 Entities, shall conduct and report inspections in accordance 104 with this section; except that those specific activities and 105 best management practices regulated by the South Florida Water 106 Management District pursuant to Chapter 40E-63, F.A.C., or by 107 the Department of Agriculture and Consumer Services pursuant to 108 Title 5M, F.A.C., and Section 403.067(7)(c)2., F.S., shall be 109 inspected in accordance with such applicable rules and laws.” 110 111 Any future amendments to those portions of the Applicant’s 112 Handbook Volume I, incorporated in rule 62-330.010(4)(a), 113 Florida Administrative Code, included in this subsection must be 114 submitted in bill form to the Speaker of the House of 115 Representatives and to the President of the Senate for their 116 consideration and referral to the appropriate committees. Such 117 amendments shall become effective only upon approval by act of 118 the Legislature. 119 Section 3. This act shall take effect upon becoming a law.