The purpose and effect of the proposed rule amendment is to repeal rules identified during the comprehensive rule review required by Executive Order 11-211 as duplicative, unnecessarily burdensome, or no longer necessary.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-17.091 Conduct of Studies

62-17.133 Agency Reports

62-17.283Cure of Defective Notice

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment is to repeal rules identified during the comprehensive rule review required by Executive Order 11-211 as duplicative, unnecessarily burdensome, or no longer necessary.

SUMMARY: Rule 62-17.091, F.A.C. states that the Department may contract for joint or independent studies to verify or supplement the studies made by the applicant in support of the application. Rule 62-17.133, F.A.C. specifies the content of reports that agencies must develop in implementing the Florida Electrical Power Plant Siting Act. Rule 62-17.283, F.A.C. specifies that ineffective service or notice to the public may be cured by the order of an administrative law judge. These rules are being repealed because they are unnecessary to administer the program and to meet the statutory mandate. Rule 62-17.133, F.A.C. is incorporated by reference in Rule 62-17.281. Rule 62-17.281, F.A.C. will have to be updated to remove the reference to Rule 62-17.133, 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: repeal of these rules will not have an adverse impact or increase regulatory costs on any entity.

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: 403.504(1), (2) FS.

LAW IMPLEMENTED: 403.504(5), (9), 403.507, (2), 403.5065, 403.508, 403.511(5)(b) 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: Preston McLane, 2600 Blair Stone Rd., MS 5505, Tallahassee, FL, 32399-2400, [e-mail], [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-17.091 Conduct of Studies.

Rulemaking Authority 403.504(2) FS. Law Implemented 403.507(2), (3) FS. History–New 5-7-74, Amended 12-27-77, Formerly 17-17.05, Amended 5-9-83, Formerly 17-17.091, Amended 2-1-99, 2-13-08, Repealed_______.

 

62-17.133 Agency Reports.

Rulemaking Authority 403.504(1) FS. Law Implemented 403.507, 403.511(5)(b) FS. History–New 2-1-99, Amended 2-13-08, Repealed__________.

 

62-17.283 Cure of Defective Notice.

Rulemaking Authority 403.504(1) FS. Law Implemented 403.504(5), (9), 403.5065, 403.508 FS. History–New 2-1-99, Repealed___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Preston McLane

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Secretary Jonathan P. Steverson

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 08, 2015