Florida Senate - 2015 CS for SB 714
By the Committee on Environmental Preservation and Conservation;
and Senator Grimsley
592-03757A-15 2015714c1
1 A bill to be entitled
2 An act relating to environmental control; amending s.
3 373.467, F.S.; revising the qualifications for
4 membership on the Harris Chain of Lakes Restoration
5 Council; authorizing the Lake County legislative
6 delegation to waive such membership qualifications for
7 good cause; providing for council vacancies; amending
8 s. 403.067, F.S.; authorizing land set-asides and
9 land-use modifications that reduce nutrient loads into
10 nutrient-impaired surface waters to be used under the
11 water quality credit trading program; amending s.
12 403.201, F.S.; providing applicability of prohibited
13 variances relating to certain discharges of waste;
14 amending s. 403.709, F.S.; establishing a solid waste
15 landfill closure account within the Solid Waste
16 Management Trust Fund to be used for specified
17 purposes; providing for the deposit of certain funds
18 into the account; reenacting s. 373.414(17), F.S.,
19 relating to additional criteria for activities in
20 surface waters and wetlands, to incorporate the
21 amendment made to s. 403.201, F.S.; providing an
22 effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Paragraph (a) of subsection (1) and subsection
27 (3) of section 373.467, Florida Statutes, are amended, to read:
28 373.467 The Harris Chain of Lakes Restoration Council.
29 There is created within the St. Johns River Water Management
30 District, with assistance from the Fish and Wildlife
31 Conservation Commission and the Lake County Water Authority, the
32 Harris Chain of Lakes Restoration Council.
33 (1)(a) The council shall consist of nine voting members,
34 which shall include: a representative of waterfront property
35 owners, a representative of the sport fishing industry, a person
36 with experience in an environmental science or regulation
37 engineer, a person with training in biology or another
38 scientific discipline, a person with training as an attorney, a
39 physician, a person with training as an engineer, and two
40 residents of the county who are do not required to meet any
41 additional of the other qualifications for membership enumerated
42 in this paragraph, each to be appointed by the Lake County
43 legislative delegation. The Lake County legislative delegation
44 may waive the qualifications for membership on a case-by-case
45 basis if good cause is shown. A No person serving on the council
46 may not be appointed to a council, board, or commission of any
47 council advisory group agency. The council members shall serve
48 as advisors to the governing board of the St. Johns River Water
49 Management District. The council is subject to the provisions of
50 chapters 119 and 120.
51 (3) The council shall meet at the call of its chair, at the
52 request of six of its members, or at the request of the chair of
53 the governing board of the St. Johns River Water Management
54 District. Resignation by a council member, or failure by a
55 council member to attend three consecutive meetings without an
56 excuse approved by the chair, results in a vacancy on the
57 council.
58 Section 2. Paragraph (i) is added to subsection (8) of
59 section 403.067, Florida Statutes, to read:
60 403.067 Establishment and implementation of total maximum
61 daily loads.—
62 (8) WATER QUALITY CREDIT TRADING.—
63 (i) Land set-asides and land-use modifications not
64 otherwise required by state law or a permit, including
65 constructed wetlands and other water quality improvement
66 projects that reduce nutrient loads into nutrient-impaired
67 surface waters, may be used under this subsection.
68 Section 3. Subsection (2) of section 403.201, Florida
69 Statutes, is amended to read:
70 403.201 Variances.—
71 (2) A No variance may not shall be granted from any
72 provision or requirement concerning discharges of waste into
73 waters of the state or hazardous waste management which would
74 result in the provision or requirement being less stringent than
75 a comparable federal provision or requirement, except as
76 provided in s. 403.70715. However, this subsection does not
77 prohibit the issuance of moderating provisions or requirements
78 under state law, subject to any necessary approval by the United
79 States Environmental Protection Agency.
80 Section 4. Subsection (5) is added to section 403.709,
81 Florida Statutes, to read:
82 403.709 Solid Waste Management Trust Fund; use of waste
83 tire fees.—There is created the Solid Waste Management Trust
84 Fund, to be administered by the department.
85 (5)(a) Notwithstanding subsection (1), a solid waste
86 landfill closure account is established within the Solid Waste
87 Management Trust Fund to provide funding for the closing and
88 long-term care of solid waste management facilities. The
89 department may use funds from the account to contract with a
90 third party for the closing and long-term care of a solid waste
91 management facility if:
92 1. The facility operates or operated under a department
93 permit;
94 2. The permittee provides proof of financial assurance for
95 closure in the form of an insurance certificate;
96 3. The facility is deemed to be abandoned or was ordered to
97 be closed by the department;
98 4. Closure is accomplished in substantial accordance with a
99 closure plan approved by the department; and
100 5. The department has written documentation that the
101 insurance company issuing the closure insurance policy will
102 provide or reimburse the funds required to complete closing and
103 long-term care of the facility.
104 (b) The department shall deposit funds received from an
105 insurance company as reimbursement for the costs of closing or
106 long-term care of the facility into the solid waste landfill
107 closure account.
108 Section 5. For the purpose of incorporating the amendment
109 made by this act to section 403.201, Florida Statutes, in a
110 reference thereto, subsection (17) of section 373.414, Florida
111 Statutes, is reenacted to read:
112 373.414 Additional criteria for activities in surface
113 waters and wetlands.—
114 (17) The variance provisions of s. 403.201 are applicable
115 to the provisions of this section or any rule adopted pursuant
116 to this section. The governing boards and the department are
117 authorized to review and take final agency action on petitions
118 requesting such variances for those activities they regulate
119 under this part and s. 373.4145.
120 Section 6. This act shall take effect July 1, 2015.