May 31, 2020
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HB 7171

A bill to be entitled
2An act relating to stormwater management systems; creating
3s. 373.4131, F.S.; providing legislative findings;
4providing definitions; requiring the Department of
5Environmental Protection, in coordination with the water
6management districts, to develop a uniform statewide
7stormwater quality treatment rule; requiring the
8department to adopt the rule by a specified date;
9providing an exemption from the rulemaking provisions of
10ch. 120 for implementation of the rule by water management
11districts and delegated local programs; prohibiting
12variations from the rule; providing requirements for
13developing, adopting, and implementing the rule;
14authorizing the department and the water management
15districts to adopt, amend, and retain specified rules;
16providing for applicability, effect, and repeal of
17specified rules; providing exemptions for specified
18stormwater management systems and permitted activities;
19providing an effective date.
21Be It Enacted by the Legislature of the State of Florida:
23     Section 1.  Section 373.4131, Florida Statutes, is created
24to read:
25     373.4131  Stormwater quality treatment requirements.-
26     (1)  The Legislature finds that nutrients in stormwater
27contribute to nutrient impairment of the state's waters. The
28Legislature further finds and declares that a uniform statewide
29rule that is consistent with the state's strategy to reduce the
30adverse effects of nutrients on water quality as outlined in
31chapter 403 will provide a scientifically and technically sound
32method to assist permitholders in their efforts to meet state
33water quality standards.
34     (2)  As used in this section, the term:
35     (a)  "Nutrient" means total nitrogen and total phosphorus.
36     (b)  "Redevelopment" means construction of a surface water
37management system on sites with existing commercial, industrial,
38institutional, or multifamily land uses where the existing
39impervious surface will be removed as part of the proposed
41     (c)  "Stormwater quality treatment requirements" means the
42minimum level of stormwater treatment and design criteria for
43the construction, operation, and maintenance of stormwater
44management systems.
45     (3)  The department, in coordination with the water
46management districts, shall develop a uniform statewide
47stormwater quality treatment rule for stormwater management
48systems. The rule must provide for geographic differences in
49physical and natural characteristics, such as rainfall patterns,
50topography, soil type, and vegetation. The department shall
51adopt the rule by July 1, 2011. The water management districts
52and any delegated local program under this part shall implement
53the rule without having to adopt it pursuant to s. 120.54.
54However, the department and water management districts may
55adopt, amend, or retain rules designed to implement a basin
56management action plan for a total maximum daily load and rules
57established pursuant to s. 373.4592, s. 373.4595, s. 373.461, or
58s. 403.067.
59     (a)  Except as otherwise provided in this section,
60variations from the rule adopted pursuant to this section are
62     (b)  Existing stormwater quality treatment rules that are
63superseded by the rule adopted pursuant to this section may be
64repealed without further rulemaking pursuant to s. 120.54 by
65publication of a notice of repeal in the Florida Administrative
66Weekly and subsequent filing of a list of the rules repealed
67with the Department of State.
68     (c)  Until the rule adopted pursuant to this section
69becomes effective, existing stormwater quality treatment rules
70adopted pursuant to this part are deemed authorized under this
71part and remain in full force and effect.
72     (4)  The rule adopted pursuant to this section shall
73establish the stormwater quality treatment requirements
74necessary to meet the applicable state water quality standards,
75including nutrient standards. Compliance with the stormwater
76quality treatment requirements creates a presumption that
77stormwater discharged from the system will meet the applicable
78state water quality standards, whether expressed in narrative or
79numeric form, in the receiving waters.
80     (5)  Notwithstanding subsection (4), the rule adopted
81pursuant to this section shall establish alternative stormwater
82quality treatment requirements for the redevelopment of sites
83totaling 10 acres or less and the retrofitting of existing
84stormwater management systems where such treatment results in a
85net reduction in the discharge of nutrients and other pollutants
86to the receiving waters. The alternative treatment requirements
87for redevelopment of sites must be based upon a feasibility
88assessment of stormwater best management practices that
89considers factors such as site size, availability of regional
90stormwater treatment systems, and physical site characteristics.
91The rule may also establish alternative treatment requirements
92for the development of sites with legacy pollutants from past
94     (6)  After the adoption of the rule pursuant to this
95section, the following shall continue to be governed by the
96stormwater quality treatment rules adopted by the department,
97the water management districts, and any delegated local program
98under this part in effect before the effective date of the rule
99adopted pursuant to this section, unless the applicant elects to
100have an application reviewed in accordance with the rule adopted
101pursuant to this section:
102     (a)  The operation and maintenance of stormwater management
103systems legally in existence before the effective date of the
104rule adopted pursuant to this section if the terms and
105conditions of the permit, exemption, or other authorization for
106such systems continue to be met; or
107     (b)  The activities approved in a permit issued pursuant to
108this part and the review of activities proposed in applications
109received and completed before the effective date of the rule
110adopted pursuant to this section. This paragraph also applies to
111any modification of the plans, terms, and conditions of the
112permit, including new activities, within the geographical area
113to which the permit applies. However, this paragraph does not
114apply to a modification that would extend the permitted time
115limit for construction beyond 4 additional years or to any
116modification that is reasonably expected to lead to additional
117or substantially different stormwater quality impacts. This
118paragraph also applies to any modification that lessens or does
119not increase stormwater quality impacts.
120     (7)  This section do not apply to stormwater management
121systems serving agriculture.
122     Section 2.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.
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