Bill Text: FL S1076 | 2015 | Regular Session | Introduced

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Bill Title: Legislative Ratification

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-05-01 - Died in Environmental Preservation and Conservation [S1076 Detail]

Download: Florida-2015-S1076-Introduced.html

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       Florida Senate - 2015                                    SB 1076
       
       
        
       By Senator Gibson
       
       
       
       
       
       9-01078A-15                                           20151076__
    1                        A bill to be entitled                      
    2         An act relating to legislative ratification; amending
    3         s. 120.541, F.S.; requiring the Department of
    4         Environmental Protection to submit for legislative
    5         ratification a state implementation plan relating to
    6         standards of performance for existing sources of air
    7         pollutants; exempting rules implementing the plan from
    8         legislative ratification under certain conditions;
    9         providing circumstances under which the state
   10         implementation plan is exempt from legislative
   11         ratification; providing directives to the Department
   12         of Environmental Protection with respect to submitting
   13         the state implementation plan to the United States
   14         Environmental Protection Agency; providing that, if
   15         the plan is not ratified within a specified period,
   16         that rules implementing the plan are subject to
   17         ratification before the respective provisions of the
   18         plan take effect; providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (3) of section 120.541, Florida
   23  Statutes, is amended, and subsection (5) is added to that
   24  section, to read:
   25         120.541 Statement of estimated regulatory costs.—
   26         (3) If the adverse impact or regulatory costs of the rule
   27  exceed any of the criteria established in paragraph (2)(a), the
   28  rule shall be submitted to the President of the Senate and
   29  Speaker of the House of Representatives no later than 30 days
   30  before prior to the next regular legislative session, and the
   31  rule may not take effect until it is ratified by the
   32  Legislature.
   33         (5)(a) The Department of Environmental Protection, in the
   34  same manner provided for rules with adverse impact or regulatory
   35  costs under subsection (3), shall submit a state implementation
   36  plan pursuant to Title I, Part A, of the federal Clean Air Act,
   37  42 U.S.C. s. 7411(d), for ratification by the Legislature and,
   38  except as provided in paragraph (b), may not submit such plan to
   39  the United States Environmental Protection Agency until the plan
   40  is ratified by the Legislature. Once the state implementation
   41  plan is legislatively ratified, subsection (3) does not apply to
   42  any rule implementing the plan unless the plan is substantially
   43  altered by the United States Environmental Protection Agency.
   44         (b) A state implementation plan prepared pursuant to 42
   45  U.S.C. s. 7411(d) is exempt from legislative ratification under
   46  paragraph (a) if obtaining such ratification during the 2016
   47  Regular Session of the Legislature would prevent the Department
   48  of Environmental Protection from submitting the plan to the
   49  United States Environmental Protection Agency in a timely
   50  manner. In such case, the Department of Environmental Protection
   51  must transmit the initial state implementation plan to the
   52  Legislature at least 30 days before the department submits the
   53  plan to the United States Environmental Protection Agency for
   54  approval. The initial state plan must meet the minimum
   55  requirements for an initial state plan as specified in the plan
   56  guidelines published by the United States Environmental
   57  Protection Agency. As part of its plan submittal, the department
   58  shall:
   59         1. Request an extension of time from the United States
   60  Environmental Protection Agency to file a ratified state plan.
   61         2. Provide the following message that states: “Be advised
   62  that the initial state plan submitted by the Florida Department
   63  of Environmental Protection has not been ratified by the Florida
   64  Legislature. Therefore, the Department of Environmental
   65  Protection may be providing an additional filing with the United
   66  States Environmental Protection Agency.”
   67         (c) If the Legislature does not ratify the initial state
   68  implementation plan during the 2017 Regular Session of the
   69  Legislature, subsection (3) applies to any rule that implements
   70  the plan and must be legislatively ratified before those
   71  provisions of the state implementation plan, which require such
   72  rule for implementation, may take effect.
   73         Section 2. This act shall take effect July 1, 2015.