FL
Florida House Bill H7053

Florida 2024 Regular Session

Florida House Bill H7053 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to the ratification of the Department 2
1616 of Environmental Protection's rules relating to 3
1717 stormwater; ratifying a specified rule relating to 4
1818 environmental resource permitting for the sole and 5
1919 exclusive purpose of satisfying any condition on 6
2020 effectiveness pursuant to s. 120.541(3), F.S., which 7
2121 requires ratification of any rule exceeding the 8
2222 specified thresholds for likely adverse impact or 9
2323 increase in regulatory costs; providing construction; 10
2424 amending s. 373.4131, F.S.; ratifying rule 62 -330.010, 11
2525 Florida Administrative Code, with specified changes; 12
2626 requiring that specified future amendments to such 13
2727 rule be submitted in bill form to and approved b y the 14
2828 Legislature; providing an effective date. 15
2929 16
3030 Be It Enacted by the Legislature of the State of Florida: 17
3131 18
3232 Section 1. (1) The following rule is ratified for the 19
3333 sole and exclusive purpose of satisfying any condition on 20
3434 effectiveness imposed under s. 120.541(3), Florida Statutes: 21
3535 rule 62-330, Florida Administrative Code, titled "Environmental 22
3636 Resource Permitting," as filed for adoption with the Department 23
3737 of State pursuant to the certification package dated April 28, 24
3838 2023. 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 (2) Except for the chan ges set forth in section 2 as to 26
5252 rule 62-330.010, Florida Administrative Code, this section 27
5353 serves no other purpose and may not be codified in the Florida 28
5454 Statutes. After this act becomes a law, its enactment and 29
5555 effective dates must be noted in the Florid a Administrative 30
5656 Code, the Florida Administrative Register, or both, as 31
5757 appropriate. This section does not alter rulemaking authority 32
5858 delegated by prior law, does not constitute legislative 33
5959 preemption of or exception to any provision of law governing 34
6060 adoption or enforcement of the rule cited, and is intended to 35
6161 preserve the status of any cited rule as a rule under chapter 36
6262 120, Florida Statutes. This section does not cure any rulemaking 37
6363 defect or preempt any challenge based on a lack of authority or 38
6464 a violation of the legal requirements governing adoption of any 39
6565 rule cited. 40
6666 Section 2. Subsection (7) is added to section 373.4131, 41
6767 Florida Statutes, to read: 42
6868 373.4131 Statewide environmental resource permitting 43
6969 rules.— 44
7070 (7) The Legislature ratifies rule 62 -330.010, Florida 45
7171 Administrative Code, titled "Purpose and Implementation," as 46
7272 filed for adoption with the Department of State pursuant to the 47
7373 certification package dated April 28, 2023, with the following 48
7474 changes: 49
7575 (a) Section 3.1.2(e)3. of the Applicant 's Handbook Volume 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 I, incorporated in rule 62 -330.010(4)(a), Florida Administrative 51
8989 Code, is changed to add, after the last sentence, the following: 52
9090 "Nothing in Section 3.1.2(e)3. shall eliminate any grandfather 53
9191 provisions in Section 1.4.2 and other grandf ather provisions of 54
9292 Section 3.1.2 in existence prior to [effective date]. Projects 55
9393 listed in Section 3.1.2(e)3. shall use all forms in effect at 56
9494 the time the permit was originally issued, except for those 57
9595 subsequent permits to construct and operate the fut ure phases 58
9696 consistent with an unexpired conceptual approval permit which 59
9797 shall use the following forms effective [effective date]: Form 60
9898 62-330.301(26) Financial Capability Certification; Form 62 -61
9999 330.301(25) Dam System Information; Form 62 -330.311(1) Operation 62
100100 and Maintenance Certification; and Form 62 -330.311(3) Inspection 63
101101 Checklists, as applicable." 64
102102 (b) Section 8.3.4(a)3 of the Applicant's Handbook Volume 65
103103 I, incorporated in rule 62 -330.010(4)(a), Florida Administrative 66
104104 Code, is changed to read: "the post -development condition 67
105105 average annual loading, of those pollutants not meeting water 68
106106 quality standards, that is less than that of the predevelopment 69
107107 condition." 70
108108 (c) Section 8.3.4(b)2 of the Applicant's Handbook Volume 71
109109 I, incorporated in rule 62 -330.010(4)(a), Florida Administrative 72
110110 Code, is changed to read: "the post -development condition 73
111111 average annual loading, of those pollutants not meeting water 74
112112 quality standards, that is less than that of the predevelopment 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 condition." 76
126126 (d) Section 8.3.5 of the Appl icant's Handbook Volume I, 77
127127 incorporated in rule 62 -330.010(4)(a), Florida Administrative 78
128128 Code, is changed to read: "Stormwater treatment systems serving 79
129129 redevelopment activities shall either meet the requirements of 80
130130 Sections 8.3.2 through 8.3.4 or provide an alternate level of 81
131131 treatment sufficient to accomplish: 82
132132 (a) an 80 percent reduction of the post -development 83
133133 average annual loading of TP and a 45 percent reduction of the 84
134134 post-development average annual loading of TN from the project 85
135135 area; and 86
136136 (b) for stormwater systems located within a HUC 12 87
137137 subwatershed containing an OFW and located upstream of that OFW, 88
138138 a 90 percent reduction of the post -development average annual 89
139139 loading of TP and a 60 percent reduction of the post -development 90
140140 average annual loading of TN from the project area; and 91
141141 (c) for stormwater treatment systems located within a HUC 92
142142 12 subwatershed which contains an impaired water and located 93
143143 upstream of that impaired water, a level of treatment sufficient 94
144144 to accomplish a post -development condition average annual 95
145145 loading, of those pollutants not meeting water quality 96
146146 standards, that is less than that of the predevelopment 97
147147 condition." 98
148148 (e) The first sentence of Section 12.5(a) of the 99
149149 Applicant's Handbook Volume I, incorporated in rule 62 -100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 330.010(4)(a), Florida Administrative Code, is changed to read: 101
163163 "All operation and maintenance entities, other than MS4 102
164164 Entities, shall conduct and report inspections in accordance 103
165165 with this section; except that those specific activities and 104
166166 best management practices regulated by the South Florida Water 105
167167 Management District pursuant to Chapter 40E -63, F.A.C., or by 106
168168 the Department of Agriculture and Consumer Services pursuant to 107
169169 Title 5M, F.A.C., and Section 403.067(7)(c)2., F.S., shall be 108
170170 inspected in accordan ce with such applicable rules and laws." 109
171- (f) Section 8.2.2 of the Applicant's Handbook Volume I, 110
172-incorporated in rule 62 -330.010(4)(a), Florida Administrative 111
173-Code, is changed to add, after the last sentence, the following: 112
174-"When an applicant demonstra tes that its designs and plans, 113
175-including any supporting information, meet the performance 114
176-standards of Sections 8.2.3 and 8.3 by performing the analysis 115
177-specified in Section 9 and, if applicable, in Volume II or 116
178-Appendix O of Volume I, employing the stru ctural best management 117
179-practices specified therein as needed, and provides the 118
180-information required by such sections, the applicant shall have 119
181-satisfied the conditions for issuance of rule 62 -330.301(1)(e), 120
182-F.A.C., and rule 62-330.301(3), F.A.C., if applic able, and is 121
183-entitled to the presumption of Section 373.4131(3)(b), F.S." 122
184- (g) Section 8.3.1 of the Applicant's Handbook Volume I, 123
185-incorporated in rule 62 -330.010(4)(a), Florida Administrative 124
186-Code, is changed to read: "Each applicant shall demonstrate, 125
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195-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199-through modeling or calculations as described in Section 9, that 126
200-their proposed stormwater management system is designed to 127
201-discharge to the required treatment level based on the 128
202-performance standards described in Sections 8.3.2 through 8.3.5 129
203-below. For the purposes of this section, annual loading from the 130
204-proposed project refers to post -development loads before 131
205-treatment, as calculated in Section 9 of this volume. Stormwater 132
206-treatment systems shall be designed to achieve at least an 80 133
207-percent reduction of the average annual post -development total 134
208-suspended solids (TSS) load, or 95 percent of the average annual 135
209-post-development TSS load for those proposed projects located 136
210-within a HUC 12 sub-watershed containing an Outstanding Florida 137
211-Water (OFW) and located upstream of that OFW. There is a 138
212-rebuttable presumption that this standard is met when structural 139
213-stormwater best management practices (BMPs) are designed to meet 140
214-the applicable design standards in Sections 8.3.2 through 8.3.5 141
215-below." 142
216- (h) Section 9.1 of the Applicant's Handbook Volume I, 143
217-incorporated in rule 62 -330.010(4)(a), Florida Administrative 144
218-Code, is changed to read: "Applicants are required to provide 145
219-nutrient load reduction calculations in their application. To 146
220-calculate the required stormwater nutrient load reduction for a 147
221-project, the applicant should: 148
222- 1. Determine whether the site falls within the same HUC 12 149
223-sub-watershed as, and is upstream of, an OFW or impaired water, 150
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232-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236-and select the corresponding performance standard from Section 151
237-8.3 of this volume; 152
238- 2. Determine the pre -development average annual average 153
239-mass loading of the project area for both total nitrogen (TN) 154
240-and total phosphorus (TP) through modeling or as described in 155
241-Section 9.2; 156
242- 3. Calculate the project area's post -development annual 157
243-average mass loading before treatment for both TN and TP through 158
244-modeling or as described in Section 9.2; 159
245- 4. Determine the percent TN and TP reduction needed as 160
246-defined within Sections 8.3 and 9.3 of this volume. The greater 161
247-percent load reduction will be the requirement for the project; 162
248-and 163
249- 5. Determine which BMPs, or other treatment and reduction 164
250-options, will be used to meet the required TN and TP load 165
251-reductions that are equivalent to, or which exceed, the 166
252-applicable performance standards in Sections 8.2.3 through 167
253-8.3.6. Information on how to calculate nutrient load reduction 168
254-for BMP Treatment Train is found in Section 9.5 of this volume. 169
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256-When an applicant provides reasonable assurance that its 171
257-modeling, calculations, and applicable suppor ting documentation 172
258-satisfy the provisions described above, the applicant shall have 173
259-demonstrated that it meets the performance standards specified 174
260-under Sections 8.2.3 through 8.3.6 of this volume. 175
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269-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273- (i) Section 3.1.2(e)4. of the Applicant's Handbook Volum e 176
274-I, incorporated in rule 62 -330.010(4)(a), Florida Administrative 177
275-Code, is changed to read: "Projects or activities that are the 178
276-subject of a general or individual permit application that is 179
277-deemed complete on or before [effective date + 18 months] shall 180
278-be exempt from the amendments to Chapter 62 -330, F.A.C., and 181
279-Volume I adopted on [effective date], and the corresponding 182
280-amendments to the applicable Volume II." 183
281- (j) Section 3.1.2(f) shall be added to the Applicant's 184
282-Handbook Volume I, incorporated in ru le 62-330.010(4)(a), 185
283-Florida Administrative Code, and shall read: "Development or 186
284-other construction projects for which stormwater management and 187
285-design plans were submitted to a local or other government 188
286-agency before January 1, 2024, shall be exempt from the 189
287-amendments to Chapter 62 -330, F.A.C., and Volume I adopted on 190
288-[effective date], and the corresponding amendments to the 191
289-applicable Volume II, for any of the following: 192
290- 1. A project that was submitted as part of a local 193
291-building permit or as part of an application for a site plan or 194
292-subdivision plat approval. 195
293- 2. An approved regional stormwater management system 196
294-designed and permitted pursuant to an effective permit under 197
295-part IV of chapter 373, F.S. 198
296- (k) Section 3.1.2(g) shall be added to the Appli cant's 199
297-Handbook Volume I, incorporated in rule 62 -330.010(4)(a), 200
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306-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310-Florida Administrative Code, and shall read: "Stormwater 201
311-management systems constructed in accordance with a binding 202
312-ecosystem management agreement executed by the department 203
313-pursuant to Section 403.0752, F.S., before January 1, 2024, are 204
314-exempt from the amendments to chapter 62 -330, Florida 205
315-Administrative Code, the Applicant's Handbook Volume I adopted 206
316-on [effective date], and corresponding amendments to the 207
317-Applicant's Handbook Volume II." 208
318- (l) Section 3.1.2(h) shall be added to the Applicant's 209
319-Handbook Volume I, incorporated in rule 62 -330.010(4)(a), 210
320-Florida Administrative Code, and shall read: "Stormwater 211
321-management and design plans for a valid development of regional 212
322-impact, as defined in Section 380.06, F.S., with a development 213
323-order, as defined pursuant to Section 380.031, F.S., issued 214
324-before January 1, 2024, are exempt, until October 1, 2044, from 215
325-the amendments to chapter 62 -330, Florida Administrative Code, 216
326-the Applicant's Handbook Vo lume I adopted on [effective date], 217
327-and corresponding amendments to the Applicant's Handbook Volume 218
328-II, except where there has been an official determination or 219
329-classification that an approved development of regional impact 220
330-was essentially built out, as di scussed in Section 380.06(4), 221
331-F.S., after [effective date]." 222
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333-Any future amendments to those portions of the Applicant's 224
334-Handbook Volume I, incorporated in rule 62 -330.010(4)(a), 225
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343-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347-Florida Administrative Code, included in this subsection must be 226
348-submitted in bill form to the Speaker of the House of 227
349-Representatives and to the President of the Senate for their 228
350-consideration and referral to the appropriate committees. Such 229
351-amendments shall become effective only upon approval by act of 230
352-the Legislature. 231
353- Section 3. This act shall take effect upon becoming a law. 232
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172+Any future amendments to those portions of the Applicant's 111
173+Handbook Volume I, incorporated in rule 62 -330.010(4)(a), 112
174+Florida Administrative Code, included in this subsection must be 113
175+submitted in bill form to the Speaker of the House of 114
176+Representatives and to the President of the Senate for their 115
177+consideration and referral to the appropriate committees. Such 116
178+amendments shall become effective only upon approval by act of 117
179+the Legislature. 118
180+ Section 3. This act shall take effect upon becoming a law. 119