The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Environment and Natural Resources
BILL: SPB 7002
INTRODUCER: Environment and Natural Resources Committee
SUBJECT: Ratification of Rules of the Department of Environmental Protection
DATE: February 21, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Carroll Rogers EN Submitted as Comm.Bill/Fav
I. Summary:
SPB 7002 ratifies Florida Administrative Code Rule 62-6.001, which incorporates more stringent
permitting requirements for onsite sewage treatment and disposal systems (OSTDSs), commonly
referred to as septic systems, in areas where the Department of Environmental Protection has
adopted an OSTDS remediation plan as part of a basin management action plan.
The bill also ratifies Florida Administrative Code Rules 62-600.405, 62-600.705, and 62-
600.720, relating to domestic wastewater facilities, which:
 Require a pipe assessment, repair, and replacement plan and an annual report on the plan;
 Include statutory requirements for a power outage contingency plan;
 Include statutory requirements for an annual report on utilities’ expenditures on pollution
mitigation efforts; and
 Require certain domestic wastewater facilities’ emergency response plans to address
cybersecurity.
II. Present Situation:
The Clean Waterways Act
The Florida Legislature passed the Clean Waterways Act in 2020 to address a number of
environmental issues relating to water quality improvement.1 Major topics in the Act included
onsite sewage treatment and disposal systems (OSTDSs), wastewater, stormwater, agriculture,
and biosolids, and it directed the Department of Environmental Protection (DEP) to make rules
to implement these policies.
The Act expanded OSTDS remediation plan requirements by requiring a remediation plan to be
included in the development of a basin management action plan (BMAP) for nutrient-impaired
water bodies if OSTDSs contribute at least 20 percent of the nutrient pollution or if DEP
1
Chapter 2020-150, Laws of Fla.
BILL: SPB 7002 Page 2
determines that remediation is necessary to achieve the total maximum daily load (TMDL). The
Act authorized DEP to adopt rules to administer the requirements of an OSTDS remediation
plan.
The Act also addressed prevention of sanitary sewer overflows (SSOs), underground pipe leaks,
and inflow and infiltration (I&I). DEP’s rules must reasonably limit, reduce, and eliminate
domestic wastewater collection and transmission system pipe leakages and I&I. The Act
authorized DEP to adopt rules relating to pipe assessment, repair, and replacement action plans,
power outage contingency plans, and reports relating to expenditures on pollution mitigation and
prevention.2
Legislative Ratification of Agency Rules
A rule is subject to legislative ratification if it:
 Has an adverse impact on economic growth, private sector job creation or employment, or
private sector investment in excess of $1 million in the aggregate within five years after the
implementation of the rule;
 Has an adverse impact on business competitiveness, including the ability of persons doing
business in the state to compete with persons doing business in other states or domestic
markets, productivity, or innovation in excess of $1 million in the aggregate within five years
after the implementation of the rule; or
 Increases regulatory costs, including any transactional costs, in excess of $1 million in the
aggregate within five years after the implementation of the rule.3
If a rule requires ratification by the Legislature, the rule must be submitted to the President of the
Senate and Speaker of the House of Representatives no later than 30 days prior to the regular
legislative session. The rule may not go into effect until it is ratified by the Legislature.4
A statement of estimated regulatory costs (SERC) is an analysis prepared by an agency before
the adoption, amendment, or repeal of a rule other than an emergency rule. A SERC must be
prepared by an agency for a proposed rule that:
 Will have an adverse impact on small business; or
 Is likely to directly or indirectly increase regulatory costs in excess of $200,000 in the
aggregate in the state within one year after the implementation of the rule.5
A SERC must include:
 An economic analysis showing whether the rule exceeds the thresholds requiring legislative
ratification;
 A good faith estimate of the number and types of individuals and entities likely to be required
to comply with the rule, and a general description of the types of individuals likely to be
affected by the rule;
2
Id.
3
Section 120.541(2)(a), F.S.
4
Section 120.541(3), F.S.
5
Section 120.54(3)(b)1., F.S.
BILL: SPB 7002 Page 3
 A good faith estimate of the cost to the agency, and to other state and local government
entities, of implementing and enforcing the proposed rule, including anticipated effects on
state or local revenues;
 A good faith estimate of the transactional costs (direct business costs) likely to be incurred by
individuals and entities required to comply with the requirements of the rule;
 An analysis of the impact on small businesses, small counties, and small cities; and
 A description of regulatory alternatives submitted to the agency and a statement adopting the
alternative or a statement of the reasons for rejecting the alternative in favor of the proposed
rule.6
Statement of Estimated Regulatory Costs for Rule 62-6.001, F.A.C.
DEP determined that a SERC was required for rule 62-6.001, Florida Administrative Code, and
prepared one in advance of rule adoption.7 DEP found that the rule will increase regulatory costs
for OSTDS upgrades in excess of existing required costs.8 DEP estimates that the total cost
impact over five years will be approximately $5.7 million.9 Over a five-year period:
 The cost to upgrade 8,940 residential properties to nutrient-reducing OSTDSs will be
approximately $5.1 million;
 The cost to upgrade 470 OSTDSs for commercial properties will be approximately $2.7
million; and
 The state government cost impacts for staffing to manage the increased workload will be
approximately $3.5 million.10
Statement of Estimated Regulatory Costs for Chapter 62-600, F.A.C.
DEP determined that a SERC was required for chapter 62-600, Florida Administrative Code, and
prepared one in advance of rule adoption.11 DEP found that the rules will increase regulatory
costs for 1,647 wastewater facilities, including the largest municipal wastewater treatment
facilities, facilities in small rural towns, and even small privately-owned wastewater treatment
facilities that serve a mobile home park or similar business.12 The key costs related to the
primary rule revisions include the cost to:
 Prepare and submit an annual report for pollution mitigation;
 Prepare a power outage contingency plan;
 Develop and implement the initial collection system action plan;
 Prepared and submit annual report(s) for the collection system action plan; and
 For large facilities, update the facility emergency response plan to address cybersecurity. 13
6
Section 120.541(2), F.S.
7
DEP, SERC, Rule 62-6.001, F.A.C. (on file with the Senate Committee on Environment and Natural Resources).
8
Id. at 4.
9
Id.
10
Id. at 5.
11
DEP, SERC, Chapter 62-600, F.A.C. (on file with the Senate Committee on Environment and Natural Resources).
12
Id. at 3.
13
Id. at 5.
BILL: SPB 7002 Page 4
DEP estimates that the total increase in cost within five years of the implementation of the rules
will be $328 million.14 The cost to each wastewater treatment facility will vary according to the
size of the facility.15 DEP provided the following estimates:
 A one-time cost to develop an initial collection system action plan with an asset management
plan between $4.5 million and $74 million;
 Annual costs to implement and manage a collection system action plan between $5.9 million
and $17 million;
 Annual costs to prepare a report for the collection system action plan between $1.8 million
and $17 million; and
 A cost for large Type I domestic wastewater facilities to address cybersecurity concerns of
$11 million.16
Water Quality and Nutrients
Phosphorus and nitrogen are naturally present in water and are essential nutrients for the healthy
growth of plant and animal life.17 The correct balance of both nutrients is necessary for a healthy
ecosystem; however, excessive nitrogen and phosphorus can cause significant water quality
problems.18
Phosphorus and nitrogen are derived from natural and human-made sources.19 Human-made
sources include sewage disposal systems (wastewater treatment facilities and septic systems),
overflows of storm and sanitary sewers (untreated sewage), agricultural production and irrigation
practices, and stormwater runoff.20
Excessive nutrient loads may result in harmful algal blooms, nuisance aquatic weeds, and the
alteration of the natural community of plants and animals.21 Dense, harmful algal blooms can
also cause human health problems, fish kills, problems for water treatment plants, and
impairment of the aesthetics and taste of waters. Growth of nuisance aquatic weeds tends to
increase in nutrient-enriched waters, which can impact recreational activities.22
Total Maximum Daily Loads
A TMDL, which must be adopted by rule, is a scientific determination of the maximum amount
of a given pollutant that can be absorbed by a waterbody and still meet water quality standards. 23
Waterbodies or sections of waterbodies that do not meet the established water quality standards
14
Id. at 3.
15
Id. at 7.
16
Id. at 6-7.
17
U.S. Environmental Protection Agency, The Issue, https://www.epa.gov/nutrientpollution/issue (last visited Feb. 10, 2023).
18
Id.
19
Id.
20
U.S. Environmental Protection Agency (EPA), Sources and Solutions, https://www.epa.gov/nutrientpollution/sources-and-
solutions (last visited Feb 10, 2023).
21
EPA, The Issue, https://www.epa.gov/nutrientpollution/issue (last visited Feb. 10, 2023).
22
Id.
23
Department of Environmental Protection (DEP), Total Maximum Daily Loads Program, https://floridadep.gov/dear/water-
quality-evaluation-tmdl/content/total-maximum-daily-loads-tmdl-program (last visited Feb. 10, 2023).
BILL: SPB 7002 Page 5
are deemed impaired. Pursuant to the federal Clean Water Act, DEP must establish a TMDL for
impaired waterbodies.24
Basin Management Action Plans
DEP is the lead agency in coordinating the development and implementation of TMDLs.25
BMAPs are one of the primary mechanisms DEP uses to achieve TMDLs. BMAPs are plans that
address the entire pollution load, including point and nonpoint discharges,26 for a watershed.
BMAPs generally include:
 Permitting and other existing regulatory programs, including water quality based effluent
limitations;
 Best management practices and non-regulatory and incentive-based programs, including
cost-sharing, waste minimization, pollution prevention, agreements, and public education;
 Public works projects, including capital facilities; and
 Land acquisition.27
DEP may establish a BMAP as part of the development and implementation of a TMDL for a
specific waterbody. First, the BMAP equitably allocates pollutant reductions to individual basins,
to all basins as a whole, or to each identified point source or category of nonpoint sources.28
Then, the BMAP establishes the schedule for implementing projects and activities to meet the
pollution reduction allocations. The BMAP development process provides an opportunity for
local stakeholders, local government, community leaders, and the public to collectively
determine and share water quality cleanup responsibilities.29 BMAPs are adopted by secretarial
order.30
BMAPs must include milestones for implementation and water quality improvement. They must
also include an associated water quality monitoring component sufficient to evaluate whether
reasonable progress in pollutant load reductions is being achieved over time. An assessment of
progress toward these milestones must be conducted every five years, and revisions to the
BMAP must be made as appropriate.31
In 2020, the Clean Waterways Act required BMAPs for nutrient TMDLs to include an OSTDS
remediation plan if DEP identifies OSTDSs as contributors of at least 20 percent of nutrient
24
Section 403.067(1), F.S.
25
Section 403.061, F.S. DEP has the power and the duty to control and prohibit pollution of air and water in accordance with
the law and rules adopted and promulgated by it. Furthermore, s. 403.061(21), F.S., allows DEP to advise, consult, cooperate,
and enter into agreements with other state agencies, the federal government, other states, interstate agencies, etc.
26
Fla. Admin. Code R. 62-620.200(37). “Point source” is defined as “any discernible, confined, and discrete conveyance,
including any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding
operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged.”
Nonpoint sources of pollution are sources of pollution that are not point sources.
27
Section 403.067(7), F.S.
28
Id.
29
DEP, Basin Management Action Plans (BMAPs), https://floridadep.gov/dear/water-quality-restoration/content/basin-
management-action-plans-bmaps (last visited Feb. 10, 2023).
30
Section 403.067(7)(a)5., F.S.
31
Section 403.067(7)(a)6., F.S.
BILL: SPB 7002 Page 6
pollution or if DEP determines that remediation is necessary to achieve the TMDLs.32 This was
an expansion of the statutory requirement that an OSTDS remediation plan must be developed if
DEP determines that OSTDSs within a spring priority focus area contribute at least 20 percent of
nonpoint source nitrogen pollution or that remediation is necessary to achieve the TMDL.33
OSTDS remediation plans for springs BMAPs can be found in Appendix D of the BMAPs.34
Appendix D remediation plan elements include requirements for the installation of new
OSTDSs, modification and repair of existing OSTDSs, and other plan elements, such as:
 An evaluation of credible scientific information on the effect of nutrients on springs and
spring systems;
 Options for repair, upgrade, replacement, drain field modification, the addition of effective
nitrogen-reducing features, connection to a central sewer system, or other action;
 A public education plan to provide area residents with reliable, understandable information
about OSTDSs and springs;
 Cost-effective and financially feasible projects necessary to reduce the nutrient impacts of
OSTDSs; and
 A priority ranking for each project for funding contingent on appropriations in the General
Appropriations Act.35
Onsite Sewage Treatment and Disposal Systems
OSTDSs, commonly referred to as “septic systems,” generally consist of two basic parts: the
septic tank and the drainfield.36 Waste from toilets, sinks, washing machines, and showers flows
through a pipe into the septic tank, where anaerobic bacteria break the solids into a liquid form.
The liquid portion of the wastewater flows into the drainfield, which is generally a series of
perforated pipes or panels surrounded by lightweight materials such as gravel or Styrofoam. The
drainfield provides a secondary treatment where aerobic bacteria continue deactivating the
germs. The drainfield also provides filtration of the wastewater, as gravity draws the water down
through the soil layers.37
There are an estimated 2.6 million OSTDSs in Florida, providing wastewater disposal for 30
percent of the state’s population.38 In Florida, development in some areas is dependent on
3