Florida Senate - 2021                   (PROPOSED BILL) SPB 7060
       FOR CONSIDERATION By the Committee on Environment and Natural
       592-01107A-21                                         20217060pb
    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 a declaration of important state interest;
   13         providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   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, 62-640.880, Florida Administrative Code,
   23  entitled Scope, Intent, Purpose, and Applicability; Definitions;
   24  General Technical Guidance and Forms; General Requirements;
   25  Prohibitions; Nutrient Management Plan (NMP); Pathogen Reduction
   26  and Vector Attraction Reduction; Monitoring, Record Keeping,
   27  Reporting, and Notification; Requirements for Land Application
   28  of Class AA, A, and B Biosolids; Additional Requirements for
   29  Land Application at Reclamation Sites; Distribution and
   30  Marketing of Class AA Biosolids; and Additional Requirements
   31  Related to Biosolids Treatment Facilities, respectively, as
   32  published on December 3, 2020, in the Florida Administrative
   33  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 act serves no other purpose and may not be
   40  codified in the Florida Statutes. At the time of filing this
   41  rule 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 act does
   44  not alter rulemaking authority delegated by prior law and does
   45  not constitute legislative preemption of or exception to any
   46  other provision of law governing adoption or enforcement of the
   47  rule cited. This act does not cure any rulemaking defect or
   48  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         Section 2. The Legislature determines and declares that
   52  this act fulfills an important state interest.
   53         Section 3. This act shall take effect upon becoming a law.