Florida Senate - 2021 SB 7060 By the Committee on Environment and Natural Resources 592-02889-21 20217060__ 1 A bill to be entitled 2 An act relating to biosolids; ratifying specified 3 rules relating to biosolids management for the sole 4 and exclusive purpose of satisfying any condition on 5 effectiveness pursuant to s. 120.541(3), F.S., which 6 requires ratification of any rule exceeding any 7 specified thresholds for likely adverse impact or 8 increase in regulatory costs; exempting the rules from 9 certain review and approval by the Environmental 10 Regulation Commission; providing applicability; 11 providing construction; providing a declaration of 12 important state interest; amending s. 403.0855, F.S.; 13 requiring the Department of Environmental Protection 14 to provide notice to and receive consent from private 15 property owners before entering onto private property 16 for specified biosolids testing; providing an 17 effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. (1) The following rules are ratified for the 22 sole and exclusive purpose of satisfying any condition on the 23 effectiveness imposed under s. 120.541(3), Florida Statutes: 24 Rules 62-640.100, 62-640.200, 62-640.210, 62-640.300, 62 25 640.400, 62-640.500, 62-640.600, 62-640.650, 62-640.700, 62 26 640.800, 62-640.850, 62-640.880, Florida Administrative Code, 27 entitled Scope, Intent, Purpose, and Applicability; Definitions; 28 General Technical Guidance and Forms; General Requirements; 29 Prohibitions; Nutrient Management Plan (NMP); Pathogen Reduction 30 and Vector Attraction Reduction; Monitoring, Record Keeping, 31 Reporting, and Notification; Requirements for Land Application 32 of Class AA, A, and B Biosolids; Additional Requirements for 33 Land Application at Reclamation Sites; Distribution and 34 Marketing of Class AA Biosolids; and Additional Requirements 35 Related to Biosolids Treatment Facilities, respectively, as 36 published on December 3, 2020, in the Florida Administrative 37 Register, Vol. 46, No. 234, pages 5281-5297. 38 (2) The rules in subsection (1) proposed by the Department 39 of Environmental Protection pursuant to s. 403.0855(2), Florida 40 Statutes, are exempt from review and approval by the 41 Environmental Regulation Commission under s. 403.804(1), Florida 42 Statutes. 43 (3) This section serves no other purpose and may not be 44 codified in the Florida Statutes. At the time of filing this 45 rule for adoption, or as soon thereafter as practicable, the 46 department shall publish a notice of the enactment of this 47 exemption in the Florida Administrative Register. This section 48 does not alter rulemaking authority delegated by prior law and 49 does not constitute legislative preemption of or exception to 50 any other provision of law governing adoption or enforcement of 51 the rule cited. This section does not cure any rulemaking defect 52 or preempt any challenge based on a lack of authority or a 53 violation of the legal requirements governing the adoption of 54 any rule cited. 55 (4) The Legislature determines and declares that this 56 section fulfills an important state interest. 57 Section 2. Subsection (7) is added to section 403.0855, 58 Florida Statutes, to read: 59 403.0855 Biosolids management.— 60 (7) The department shall provide notice to and receive 61 consent from a private property owner before entering onto his 62 or her property to install monitoring equipment or conduct 63 sampling for biosolids sites. 64 Section 3. This act shall take effect upon becoming a law.