Florida Senate - 2021                             CS for SB 7060
       
       
        
       By the Committees on Appropriations; and Environment and Natural
       Resources
       
       
       
       
       576-04238-21                                          20217060c1
    1                        A bill to be entitled                      
    2         An act relating to ratification of Department of
    3         Environmental Protection rules; ratifying specified
    4         rules relating to biosolids management for the sole
    5         and exclusive purpose of satisfying any condition on
    6         effectiveness pursuant to s. 120.541(3), F.S., which
    7         requires ratification of any rule exceeding any
    8         specified thresholds for likely adverse impact or
    9         increase in regulatory costs; exempting the rules from
   10         certain review and approval by the Environmental
   11         Regulation Commission; providing applicability;
   12         providing construction; providing a declaration of
   13         important state interest; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. (1) The following rules are ratified for the
   18  sole and exclusive purpose of satisfying any condition on the
   19  effectiveness imposed under s. 120.541(3), Florida Statutes:
   20  Rules 62-640.100, 62-640.200, 62-640.210, 62-640.300, 62
   21  640.400, 62-640.500, 62-640.600, 62-640.650, 62-640.700, 62
   22  640.800, 62-640.850, and 62-640.880, Florida Administrative
   23  Code, entitled Scope, Intent, Purpose, and Applicability;
   24  Definitions; General Technical Guidance and Forms; General
   25  Requirements; Prohibitions; Nutrient Management Plan (NMP);
   26  Pathogen Reduction and Vector Attraction Reduction; Monitoring,
   27  Record Keeping, Reporting, and Notification; Requirements for
   28  Land Application of Class AA, A, and B Biosolids; Additional
   29  Requirements for Land Application at Reclamation Sites;
   30  Distribution and Marketing of Class AA Biosolids; and Additional
   31  Requirements Related to Biosolids Treatment Facilities,
   32  respectively, as published on December 3, 2020, in the Florida
   33  Administrative Register, Vol. 46, No. 234, pages 5281-5297.
   34         (2) The rules in subsection (1) proposed by the Department
   35  of Environmental Protection pursuant to s. 403.0855(2), Florida
   36  Statutes, are exempt from review and approval by the
   37  Environmental Regulation Commission under s. 403.804(1), Florida
   38  Statutes.
   39         (3) This section serves no other purpose and may not be
   40  codified in the Florida Statutes. At the time of filing these
   41  rules for adoption, or as soon thereafter as practicable, the
   42  department shall publish a notice of the enactment of this
   43  exemption in the Florida Administrative Register. This section
   44  does not alter rulemaking authority delegated by prior law and
   45  does not constitute legislative preemption of or exception to
   46  any other provision of law governing adoption or enforcement of
   47  the rule cited. This section does not cure any rulemaking defect
   48  or preempt any challenge based on a lack of authority or a
   49  violation of the legal requirements governing the adoption of
   50  any rule cited.
   51         (4) The Legislature determines and declares that this
   52  section fulfills an important state interest.
   53         Section 2. This act shall take effect upon becoming a law.