SB 7040 — Ratification of the Department of Environmental Protection’s Rules Relating to Stormwater

Florida Senate - 2024 CS(Proposed forBill) SBSPB 7040 FOR CONSIDERATION By the Appropriations Committee on Agriculture,Environment Environment, and GeneralNatural Government;Resources 592-02234B-24 20247040pb A bill to be entitled An act relating to the ratification of the Department of Environmental Protection’s rules relating to stormwater;

the Committee on Environment and Natural Resources;

and Senator Harrell 601-03150-24 20247040c1 A bill to be entitled An act relating to the ratification of the Department of Environmental Protection’s rules relating to stormwater;

exempting specified developments and projects and certain stormwater management systems from the amended rules;

(2) Except for the changes set forth in section 2 as to rule 62-330.010, Florida Administrative Code, this section Pageserves 1no ofother 8purpose CODING:and may not be codified in the Florida Statutes.

After this act becomes a law, its enactment and Page 1 of 5 CODING:

Florida Senate - 2024 CS(Proposed forBill) SBSPB 7040 601-03150-24592-02234B-24 20247040c120247040pb serveseffective nodates othermust purposebe andnoted mayin notthe beFlorida codifiedAdministrative inCode, the Florida Statutes.Administrative Register, or both, as appropriate.

After this act becomes a law, its enactment and effective dates must be noted in the Florida Administrative Code, the Florida Administrative Register, or both, as appropriate.

SubsectionsSubsection (7),(7) (8),is (9), and (10) are added to section 373.4131, Florida Statutes, to read:

shall use all forms in effect at the time the permit was originally issued, except for those subsequent permits to construct and operate the future phases Page 2 of 85 CODING:

Florida Senate - 2024 CS(Proposed forBill) SBSPB 7040 601-03150-24592-02234B-24 20247040c120247040pb the time the permit was originally issued, except for those subsequent permits to construct and operate the future phases consistent with an unexpired conceptual approval permit which shall use the following forms effective [effective date]:

and (b) for stormwater systems located within a HUC 12 Page 3 of 85 CODING:

Florida Senate - 2024 CS(Proposed forBill) SBSPB 7040 601-03150-24592-02234B-24 20247040c120247040pb and (b) for stormwater systems located within a HUC 12 subwatershed containing an OFW and located upstream of that OFW, a 90 percent reduction of the post-development average annual loading of TP and a 60 percent reduction of the post-development average annual loading of TN from the project area;

except that those specific activities and best management practices regulated by the South Florida Water Management District pursuant to Chapter 40E-63, F.A.C., or by the Department of Agriculture and Consumer Services pursuant to Title 5M, F.A.C., and Section 403.067(7)(c)2., F.S., shall be inspected in accordance with such applicable rules and laws.” (f)Any Sectionfuture 8.2.2amendments to those portions of the Applicant’s Handbook Volume I, incorporated in rule 62-330.010(4)(a), Florida Administrative Code, isincluded changedin this subsection must be submitted in bill form to add,the afterSpeaker of the lastHouse sentence,of Representatives and to the following:President of the Senate for their consideration and referral to the appropriate committees.

“WhenSuch an applicant demonstrates that its designs and plans, including any supporting information, meet the performance Page 4 of 85 CODING:

Florida Senate - 2024 CS(Proposed forBill) SBSPB 7040 601-03150-24592-02234B-24 20247040c120247040pb standardsamendments ofshall Sectionsbecome 8.2.3effective andonly 8.3upon byapproval performing the analysis specified in Section 9 and, if applicable, in Volume II or Appendix O of Volume I, employing the structural best management practices specified therein as needed, and provides the information required by suchact sections, the applicant shall have satisfied the conditions for issuance of rule 62-330.301(1)(e), F.A.C., and rule 62-330.301(3), F.A.C., if applicable, and is entitled to the presumptionLegislature. of subsection 373.4131(3)(b), F.S.” (g) Section 8.3.1 of the Applicant’s Handbook Volume I, incorporated in rule 62-330.010(4)(a), Florida Administrative Code, is changed to read:

“Each applicant shall demonstrate, through modeling or calculations as described in Section 9, that their proposed stormwater management system is designed to discharge to the required treatment level based on the performance standards described in Sections 8.3.2 through 8.3.5 below.

For the purposes of this section, annual loading from the proposed project refers to post-development loads before treatment, as calculated in Section 9 of this volume.

Stormwater treatment systems shall be designed to achieve at least an 80 percent reduction of the average annual post-development total suspended solids (TSS) load, or 95 percent of the average annual post-development TSS load for those proposed projects located within a HUC 12 subwatershed containing an Outstanding Florida Water (OFW) and located upstream of that OFW.

There is a rebuttable presumption that this standard is met when structural stormwater best management practices (BMPs) are designed to meet the applicable design standards in Sections 8.3.2 through 8.3.5 below.” (h) Section 9.1 of the Applicant’s Handbook Volume I, Page 5 of 8 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 7040 601-03150-24 20247040c1 incorporated in rule 62-330.010(4)(a), Florida Administrative Code, is changed to read:

“Applicants are required to provide nutrient load reduction calculations in their application.

To calculate the required stormwater nutrient load reduction for a project, the applicant should:

Determine whether the site falls within the same HUC 12 subwatershed as, and is upstream of, an OFW or impaired water, and select the corresponding performance standard from Section 8.3 of this volume;

Determine the pre-development average annual average mass loading of the project area for both total nitrogen (TN) and total phosphorus (TP) through modeling or as described in Section 9.2;

Calculate the project area’s post-development annual average mass loading before treatment for both TN and TP through modeling or as described in Section 9.2;

Determine the percent TN and TP reduction needed as defined within Sections 8.3 and 9.3 of this volume.

The greater percent load reduction will be the requirement for the project;

and Determine which BMPs, or other treatment and reduction options, will be used to meet the required TN and TP load reductions that are equivalent to, or which exceed, the applicable performance standards in Page 6 of 8 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 7040 601-03150-24 20247040c1 Sections 8.2.3 through 8.3.6.

Information on how to calculate nutrient load reduction for BMP Treatment Train is found in Section 9.5 of this volume.

When an applicant provides reasonable assurance that its modeling, calculations, and applicable supporting documentation satisfy the provisions described above, the applicant shall have demonstrated that it meets the performance standards specified under Sections 8.2.3 through 8.3.6 of this volume.” Any future amendments to those portions of the Applicant’s Handbook Volume I, incorporated in rule 62-330.010(4)(a), Florida Administrative Code, included in this subsection must be submitted in bill form to the Speaker of the House of Representatives and to the President of the Senate for their consideration and referral to the appropriate committees.

Such amendments shall become effective only upon approval by act of the Legislature.

(8) In addition to the grandfather provisions ratified by this section, the department shall exempt from the amendments to chapter 62-330, Florida Administrative Code, the Applicant’s Handbook Volume I, and corresponding amendments to the Applicant’s Handbook Volume II, development or other construction projects for which construction or permitting design drawings have been signed and sealed by a registered professional pursuant to chapter 62-330, Florida Administrative Code, and which were submitted to a local or other government agency before January 1, 2024, for any of the following:

(a) A project for which construction or permitting design Page 7 of 8 CODING:

Words stricken are deletions;