Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SPB 7184
Barcode 197200
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/24/2012 .
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The Committee on Environmental Preservation and Conservation
(Dean) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. (1) The rules proposed by the Department of
6 Environmental Protection as rules 62-302.200, 62-302.530,
7 62.302.531, 62.302.532, 62-302.800, 62-303.150, 62-303.200, 62
8 303.310, 62-303.330, 62-303.350, 62-303.351, 62-303.352, 62
9 303.353, 62-303.354, 62-303.390, 62-303.420, 62-303.430, 62
10 303.450, 62-303.710, and 62-303.720, Florida Administrative
11 Code, notices of which were published on November 10, 2011, in
12 the Florida Administrative Weekly, Vol. 37, No. 45, pages 3753
13 3775, as approved by the Environmental Regulation Commission on
14 December 8, 2011, and the subsequent changes to proposed rules
15 62-302.200, 62-302.531, 62-302.532, 62-302.800, 62-303.200, 62
16 303.330, 62-303.350, 62-303.351, 62-303.352, 62-303.353, 62
17 303.390, and 62-303.430 which were published on December 22,
18 2011, in the Florida Administrative Weekly, Vol. 37, No. 51,
19 pages 4444-4450, are exempted from the ratification requirement
20 of s. 120.541(3), Florida Statutes. At the time of filing these
21 rules for adoption, or as soon thereafter as practicable, the
22 Department shall publish in the Florida Administrative Weekly a
23 notice of the enactment of this exemption.
24 (2) After adoption of proposed Rule 62-302.531(9), Florida
25 Administrative Code, a non-severability and effective date
26 provision approved by the commission on December 8, 2011 in
27 accordance with the commission's legislative authority in s.
28 403.804, notice of which was published by the Department on
29 December 22, 2011, in the Florida Administrative Weekly, Vol.
30 37, No. 51, page 4446, any subsequent rule or amendment altering
31 the effect of such rule shall be submitted to the President of
32 the Senate and Speaker of the House of Representatives no later
33 than 30 days prior to the next regular legislative session, and
34 such amendment shall not take effect until ratified by the
35 Legislature.
36 (3) Within 30 days after the effective date of this act,
37 the proposed rules specified above in subsection 1 shall be
38 submitted by the Florida Department of Environmental Protection
39 to the Regional Administrator of the Environmental Protection
40 Agency for review under section 303(c) of the Clean Water Act.
41 Section 2. This act shall take effect upon becoming law.
42
43
44 ================= T I T L E A M E N D M E N T ================
45 And the title is amended as follows:
46 Delete everything before the enacting clause
47 and insert:
48 A bill to be entitled
49 An act relating to rules establishing numeric nutrient
50 criteria; exempting specified rules from the ratification
51 requirement in s. 120.541(3), F.S.; requiring notice of
52 enactment of exemption; requiring ratification of any future
53 amendment to specified rule; requiring submission of rules to
54 the United States Environmental Protection Agency; providing an
55 effective date.
56
57 WHEREAS, the Florida Department of Environmental Protection
58 promulgated amendments to Chapters 62-302 and 62-303, F.A.C.,
59 addressing nutrient pollution in Florida waters, and
60 WHEREAS, on December 8, 2011, the Florida Environmental
61 Regulation Commission approved proposed amendments to Chapters
62 62-302 and 62-303, F.A.C., addressing nutrient pollution in
63 Florida waters in an integrated, comprehensive, and consistent
64 manner, and
65 WHEREAS, estimates of the cost to implement the
66 department’s proposed amendments to Chapters 62-302 and 62-303,
67 F.A.C., are significantly less than estimates of the cost to
68 implement the numeric nutrient criteria rules adopted by the
69 United States Environmental Protection Agency, and
70 WHEREAS, for purposes of compliance with the federal Clean
71 Water Act, the department’s proposed amendments to Chapters 62
72 302 and 62-303, F.A.C., must be approved by the Environmental
73 Protection Agency in order to replace the Environmental
74 Protection Agency’s adopted numeric nutrient criteria rules,
75 which are scheduled to take effect March 6, 2012, unless
76 extended to June 4, 2012, as proposed by the Environmental
77 Protection Agency, and
78 WHEREAS, s. 120.541(3), F.S., requires legislative
79 ratification of the department’s amendments to Chapters 62-302
80 and 62-303, F.A.C., after the amendments are adopted by the
81 department, and
82 WHEREAS, a recently filed rule challenge pending before the
83 Florida Division of Administrative Hearings has delayed
84 adoption, making the rules unavailable for ratification during
85 the 2012 Regular Session, and
86 WHEREAS, exempting the proposed amendments to Chapters 62
87 302 and 62-303, F.A.C., from legislative ratification and
88 directing the department to expeditiously submit the proposed
89 amendments to the Environmental Protection Agency will
90 facilitate that agency’s review of the proposed state rule
91 amendments under section 303(c) of the Clean Water Act.
92