The Suwannee River Water Management District (District) gives notice that it is initiating rulemaking to amend Section 40B-21.221(1) for the purpose of removing rule language that restates the requirements of Rule 40B-21.211, F.A.C.; and repeal Rule ...

 

WATER MANAGEMENT DISTRICTS

Suwannee River Water Management District

RULE NO.: RULE TITLE:

40B-21.221: Evaluating Hydrologic Conditions.

40B-21.621: Water Shortage Advisory, Phase I

PURPOSE AND EFFECT: The Suwannee River Water Management District (District) gives notice that it is initiating rulemaking to amend Section 40B-21.221(1) for the purpose of removing rule language that restates the requirements of Rule 40B-21.211, F.A.C.; and repeal Rule 40B-21.621, F.A.C., for the purpose of removing a rule that is advisory in nature and does not regulate. The effect will be to reduce unnecessary regulatory burdens and achieve other streamlining benefits for the regulated public.

SUMMARY: Rule repeal – 40B-21.221(1) and 40B-21.621, F.A.C.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The District has completed for the Governor’s Office of Fiscal Accountability and Regulatory Reform (OFARR) the “Is a SERC Required?” form and prepared a summary of the proposed rule amendment, which are both available upon request. Based on the completed “Is a SERC Required?” form and summary and the analysis performed by the District, the proposed rule amendment is not expected to require legislative ratification pursuant to subsection 120.541(3), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 373.044, 373.113 FS.

LAW IMPLEMENTED: 373.175, 373.246 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Warren Zwanka, Senior Hydrologist, Suwannee River Water Management District, 9225 CR 49, Live Oak, Florida 32060, [phone] or 1(800)226-1066 (FL only)

 

THE FULL TEXT OF THE PROPOSED RULE IS:

40B-21.221 Evaluating Hydrologic Conditions.

(1) The District shall monitor the condition of the water resources in the District as provided in Rule 40B-21.211, F.A.C.

(1)(2) Current data shall be compared to historical data to determine whether serious harm to the water resources can be expected.

(2)(3) Evaluations under this rule shall consider established minimum flows and levels and associated rules regarding implementation of water shortage provisions contained in Chapter 40B-8, F.A.C.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 7-30-06,_____.

 

40B-21.621 Water Shortage Advisory, Phase I.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History–New 7-30-06, Repealed____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Warren Zwanka, Senior Hydrologist

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Suwannee River Water Management District Governing Board

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 12, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: N/A, pursuant to section 120.54(2)(a), F.S.