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.
   19  Be It Enacted by the Legislature of the State of Florida:
   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.