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.