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 Applicants 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 Applicants 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 Applicants 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  Applicants 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.