Florida Senate - 2017                                    SB 1686
       By Senator Simmons
       9-00761C-17                                           20171686__
    1                        A bill to be entitled                      
    2         An act relating to reclaimed water; providing
    3         legislative findings; amending s. 215.44, F.S.;
    4         revising a report that the Board of Administration
    5         must provide to the Legislature to include a summary
    6         of certain water supply investments; creating s.
    7         215.4745, F.S.; requiring the Office of Program Policy
    8         Analysis and Government Accountability to perform an
    9         annual review of the board in certain potential water
   10         supply projects and submit an annual report to the
   11         board and the Legislature; authorizing the office to
   12         consult with the board, the Department of
   13         Environmental Protection, the water management
   14         districts, the Office of Economic and Demographic
   15         Research, and other entities as necessary; specifying
   16         the components of the annual review; amending s.
   17         373.250, F.S.; providing legislative findings;
   18         authorizing each water management district to adopt
   19         rules providing water reuse incentives; amending s.
   20         373.709, F.S.; requiring that any project that
   21         proposes to beneficially reuse reclaimed water be
   22         included in a list of water supply development project
   23         options as part of a regional water supply plan;
   24         requiring reclaimed water facilities that currently
   25         discharge reclaimed water into surface waters and that
   26         are located within an area for which a regional water
   27         supply plan has been developed to submit a reclaimed
   28         water utilization plan to eliminate certain discharges
   29         into surface waters; deleting obsolete language;
   30         amending s. 403.852, F.S.; defining the term “direct
   31         potable reuse”; amending s. 403.853, F.S.; requiring
   32         the department to submit a report recommending
   33         criteria for the regulation of direct potable reuse;
   34         requiring that the department develop the report in
   35         coordination with certain entities and persons;
   36         requiring the department to hold public meetings and
   37         publish on its website a draft of the report before
   38         submitting it to the Governor and the Legislature;
   39         authorizing the department to adopt rules; providing
   40         that certain rules may not take effect until a
   41         specified time; amending s. 403.890, F.S.; revising
   42         the distribution of revenues deposited into or
   43         appropriated to the Water Protection and
   44         Sustainability Program Trust Fund to allow
   45         distribution only for the implementation of an
   46         alternative water supply program; providing an
   47         effective date.
   49  Be It Enacted by the Legislature of the State of Florida:
   51         Section 1. The Legislature finds that sufficient water
   52  availability is a paramount concern for existing and future
   53  reasonable-beneficial uses and natural systems in this state.
   54  The projected population of this state is estimated to exceed 25
   55  million by the year 2040, and cooperative efforts between
   56  municipalities, counties, utility companies, private landowners,
   57  water consumers, water management districts, regional water
   58  supply authorities, the Department of Environmental Protection,
   59  and the Department of Agriculture and Consumer Services are
   60  necessary in order to meet water needs in a manner that will
   61  supply adequate and dependable supplies of water where needed
   62  without bringing about adverse effects upon the area from which
   63  water is withdrawn. Water supply projects should employ all
   64  practical means of obtaining water, including, but not limited
   65  to, withdrawals of surface water and groundwater, reclaimed
   66  water, and desalination, and properly implementing these
   67  projects will require cooperation and well-coordinated
   68  activities. Therefore, it is the policy of this state that
   69  projects to increase water supply be planned on a regional
   70  basis.
   71         Section 2. Present paragraph (f) of subsection (5) of
   72  section 215.44, Florida Statutes, is redesignated as paragraph
   73  (g), and a new paragraph (f) is added to that subsection, to
   74  read:
   75         215.44 Board of Administration; powers and duties in
   76  relation to investment of trust funds.—
   77         (5) On or before January 1 of each year, the board shall
   78  provide to the Legislature a report including the following
   79  items for each fund which, by law, has been entrusted to the
   80  board for investment:
   81         (f) A summary of the type and amount of potential water
   82  supply investments that will have the effect of increasing water
   83  supply in the state on a regional basis.
   84         Section 3. Section 215.4745, Florida Statutes, is created
   85  to read:
   86         215.4745 Analyses of water supply investments.—The Office
   87  of Program Policy Analysis and Government Accountability shall
   88  perform an annual review of investments made in Florida-based
   89  potential water supply projects by the State Board of
   90  Administration and submit its findings to the State Board of
   91  Administration, the President of the Senate, and the Speaker of
   92  the House of Representatives by January 15 of each year. The
   93  findings of the analysis of the review may be combined with the
   94  findings reported under s. 215.474. The office may consult with
   95  the board, the Department of Environmental Protection, the water
   96  management districts, the Office of Economic and Demographic
   97  Research, and other entities as necessary to obtain and evaluate
   98  the information requested. The annual review must include:
   99         (1)The dollar amount of potential water supply investments
  100  in the state made by the board during the previous year ending
  101  June 30 and that investment’s percentage share of the system
  102  trust fund’s current net assets.
  103         (2)A list of investments in the state which are identified
  104  by the board as potential water supply investments, within each
  105  asset class.
  106         (3)An estimate of the amount of water that will become
  107  available through each potential investment, based on the region
  108  of the state.
  109         (4)An analysis of the direct and indirect economic
  110  benefits to the state resulting from the potential water supply
  111  investments.
  112         Section 4. Paragraph (c) is added to subsection (1) of
  113  section 373.250, Florida Statutes, and subsection (9) is added
  114  to that section, to read:
  115         373.250 Reuse of reclaimed water.—
  116         (1)
  117         (c) The Legislature recognizes that the need to identify
  118  sources of potable water is of paramount concern to the state as
  119  its population continues to grow. The Legislature further
  120  recognizes that direct potable reuse, as defined in s. 403.852,
  121  may provide the state with a valuable tool in ensuring that it
  122  has the water supply necessary to meet its growing demands.
  123         (9)In order to promote the reuse of reclaimed water during
  124  the term of the permit and to produce significant water savings
  125  beyond those required in a consumptive use permit, a water
  126  management district may adopt rules providing water reuse
  127  incentives. Such incentives may include limited permit
  128  extensions.
  129         Section 5. Paragraph (a) of subsection (2) and subsection
  130  (9) of section 373.709, Florida Statutes, are amended to read:
  131         373.709 Regional water supply planning.—
  132         (2) Each regional water supply plan must be based on at
  133  least a 20-year planning period and must include, but need not
  134  be limited to:
  135         (a) A water supply development component for each water
  136  supply planning region identified by the district which
  137  includes:
  138         1. A quantification of the water supply needs for all
  139  existing and future reasonable-beneficial uses within the
  140  planning horizon. The level-of-certainty planning goal
  141  associated with identifying the water supply needs of existing
  142  and future reasonable-beneficial uses must be based upon meeting
  143  those needs for a 1-in-10-year drought event.
  144         a. Population projections used for determining public water
  145  supply needs must be based upon the best available data. In
  146  determining the best available data, the district shall consider
  147  the University of Florida Bureau of Economic and Business
  148  Research (BEBR) medium population projections and population
  149  projection data and analysis submitted by a local government
  150  pursuant to the public workshop described in subsection (1) if
  151  the data and analysis support the local government’s
  152  comprehensive plan. Any adjustment of or deviation from the BEBR
  153  projections must be fully described, and the original BEBR data
  154  must be presented along with the adjusted data.
  155         b. Agricultural demand projections used for determining the
  156  needs of agricultural self-suppliers must be based upon the best
  157  available data. In determining the best available data for
  158  agricultural self-supplied water needs, the district shall
  159  consider the data indicative of future water supply demands
  160  provided by the Department of Agriculture and Consumer Services
  161  pursuant to s. 570.93 and agricultural demand projection data
  162  and analysis submitted by a local government pursuant to the
  163  public workshop described in subsection (1), if the data and
  164  analysis support the local government’s comprehensive plan. Any
  165  adjustment of or deviation from the data provided by the
  166  Department of Agriculture and Consumer Services must be fully
  167  described, and the original data must be presented along with
  168  the adjusted data.
  169         2. A list of water supply development project options,
  170  including traditional and alternative water supply project
  171  options that are technically and financially feasible, from
  172  which local government, government-owned and privately owned
  173  utilities, regional water supply authorities,
  174  multijurisdictional water supply entities, self-suppliers, and
  175  others may choose for water supply development. In addition to
  176  projects listed by the district, such users may propose specific
  177  projects for inclusion in the list of alternative water supply
  178  projects. If such users propose a project to be listed as an
  179  alternative water supply project, the district shall determine
  180  whether it meets the goals of the plan, and, if so, it shall be
  181  included in the list. Any project that proposes beneficially
  182  reusing reclaimed water shall be included in the list. The total
  183  capacity of the projects included in the plan must exceed the
  184  needs identified in subparagraph 1. and take into account water
  185  conservation and other demand management measures, as well as
  186  water resources constraints, including adopted minimum flows and
  187  minimum water levels and water reservations. Where the district
  188  determines it is appropriate, the plan should specifically
  189  identify the need for multijurisdictional approaches to project
  190  options that, based on planning level analysis, are appropriate
  191  to supply the intended uses and that, based on such analysis,
  192  appear to be permittable and financially and technically
  193  feasible. The list of water supply development options must
  194  contain provisions that recognize that alternative water supply
  195  options for agricultural self-suppliers are limited.
  196         3. For each project option identified in subparagraph 2.,
  197  the following must be provided:
  198         a. An estimate of the amount of water to become available
  199  through the project.
  200         b. The timeframe in which the project option should be
  201  implemented and the estimated planning-level costs for capital
  202  investment and operating and maintaining the project.
  203         c. An analysis of funding needs and sources of possible
  204  funding options. For alternative water supply projects, the
  205  water management districts shall provide funding assistance
  206  pursuant to s. 373.707(8).
  207         d. Identification of the entity that should implement each
  208  project option and the current status of project implementation.
  209         (9) Notwithstanding any other provision of this chapter or
  210  chapter 403, reclaimed water facilities that currently discharge
  211  reclaimed water into surface waters and that are located within
  212  an area for which a regional water supply plan has been
  213  developed shall submit to the applicable water management
  214  district a reclaimed water utilization plan establishing a plan
  215  to eliminate discharges of reclaimed water into surface waters
  216  For any regional water supply plan that is scheduled to be
  217  updated before December 31, 2005, the deadline for such update
  218  shall be extended by 1 year.
  219         Section 6. Section 403.852, Florida Statutes, is reordered
  220  and amended to read:
  221         403.852 Definitions; ss. 403.850-403.864.—As used in ss.
  222  403.850-403.864:
  223         (4)(1) “Department” means the Department of Environmental
  224  Protection, which is charged with the primary responsibility for
  225  the administration and implementation of the Florida Safe
  226  Drinking Water Act.
  227         (5)“Direct potable reuse” refers to the use of reclaimed
  228  water that is purified sufficiently to meet or exceed federal
  229  and state drinking water standards, is safe for human
  230  consumption, and is distributed directly into a potable water
  231  supply distribution system.
  232         (15)(2) “Public water system” means a system for the
  233  provision to the public of water for human consumption through
  234  pipes or other constructed conveyances if such system has at
  235  least 15 service connections or regularly serves at least 25
  236  individuals daily at least 60 days out of the year. A public
  237  water system is either a community water system or a
  238  noncommunity water system. The term “public water system”
  239  includes:
  240         (a) Any collection, treatment, storage, and distribution
  241  facility or facilities under control of the operator of such
  242  system and used primarily in connection with such system.
  243         (b) Any collection or pretreatment storage facility or
  244  facilities not under control of the operator of such system but
  245  used primarily in connection with such system.
  246         (2)(3) “Community water system” means a public water system
  247  which serves at least 15 service connections used by year-round
  248  residents or regularly serves at least 25 year-round residents.
  249         (11)(4) “Noncommunity water system” means a public water
  250  system that is not a community water system. A noncommunity
  251  water system is either a nontransient noncommunity water system
  252  or a transient noncommunity water system.
  253         (13)(5) “Person” means an individual, public or private
  254  corporation, company, association, partnership, municipality,
  255  agency of the state, district, federal agency, or any other
  256  legal entity, or its legal representative, agent, or assigns.
  257         (8)(6) “Municipality” means a city, town, or other public
  258  body created by or pursuant to state law or an Indian tribal
  259  organization authorized by law.
  260         (7) “Federal agency” means any department, agency, or
  261  instrumentality of the United States Government.
  262         (18)(8) “Supplier of water” means any person who owns or
  263  operates a public water system.
  264         (3)(9) “Contaminant” means any physical, chemical,
  265  biological, or radiological substance or matter in water.
  266         (1)(10) “Administrator” means the administrator of the
  267  United States Environmental Protection Agency.
  268         (6)(11) “Federal act” means the Safe Drinking Water Act,
  269  Pub. L. No. 93-523.
  270         (14)(12) “Primary drinking water regulation” means a rule
  271  which:
  272         (a) Applies to public water systems;
  273         (b) Specifies contaminants which, in the judgment of the
  274  department, after consultation with the Department of Health,
  275  may have an adverse effect on the health of the public;
  276         (c) Specifies for each such contaminant either:
  277         1. A maximum contaminant level if, in the judgment of the
  278  department, it is economically and technologically feasible to
  279  ascertain the level of such contaminant in water in public water
  280  systems; or
  281         2. Each treatment technique known to the department which
  282  leads to a reduction in the level of the contaminant sufficient
  283  to satisfy the requirements of s. 403.853 if, in the judgment of
  284  the department, it is not economically or technologically
  285  feasible to ascertain the level of such contaminant; and
  286         (d) Contains criteria and procedures to assure a supply of
  287  drinking water which dependably complies with such maximum
  288  contaminant levels, including quality control and testing
  289  procedures to assure compliance with such levels and to ensure
  290  proper operation and maintenance of the system, and which
  291  contains requirements as to:
  292         1. The minimum quality of water which may be taken into the
  293  system; and
  294         2. Siting for new facilities for public water systems.
  295         (17)(13) “Secondary drinking water regulation” means a rule
  296  which:
  297         (a) Applies to public water systems; and
  298         (b) Specifies the maximum contaminant levels which, in the
  299  judgment of the department after public hearings, are requisite
  300  to protect the public welfare. Such regulation may apply to any
  301  contaminant in drinking water:
  302         1. Which may adversely affect the odor or appearance of
  303  such water and consequently may cause a substantial number of
  304  the persons served by the public water system providing such
  305  water to discontinue its use; or
  306         2. Which may otherwise adversely affect the public welfare.
  308  Such regulations may vary according to geographic and other
  309  circumstances.
  310         (9)(14) “National primary drinking water regulations” means
  311  primary drinking water regulations promulgated by the
  312  administrator pursuant to the federal act.
  313         (10)(15) “National secondary drinking water regulations”
  314  means secondary drinking water regulations promulgated by the
  315  administrator pursuant to the federal act.
  316         (16) “Sanitary survey” means an onsite review of the water
  317  source, facilities, equipment, operation, and maintenance of a
  318  public water system for the purpose of evaluating the adequacy
  319  of such source, facilities, equipment, operation, and
  320  maintenance for producing and distributing safe drinking water.
  321         (12)(17) “Nontransient noncommunity water system” means a
  322  noncommunity water system that regularly serves at least 25 of
  323  the same persons over 6 months per year.
  324         (19)(18) “Transient noncommunity water system” means a
  325  noncommunity water system that has at least 15 service
  326  connections or regularly serves at least 25 persons daily at
  327  least 60 days out of the year but that does not regularly serve
  328  25 or more of the same persons for more than 6 months per year.
  329         Section 7. Subsections (8) and (9) are added to section
  330  403.853, Florida Statutes, to read:
  331         403.853 Drinking water standards.—
  332         (8)By December 31, 2018, the department shall submit to
  333  the Governor, the President of the Senate, and the Speaker of
  334  the House of Representatives a report with recommendations for
  335  criteria for the regulation of direct potable reuse. The report
  336  may also include technical information helpful in understanding
  337  the treatment processes available to achieve such criteria. The
  338  report shall be developed in coordination with the State Surgeon
  339  General, the Department of Health, stakeholders, and the general
  340  public, and must include recommendations that are protective of
  341  human health and the environment. Before submitting the report,
  342  the department must hold at least three public meetings on the
  343  report. Additionally, the department must publish a final draft
  344  on its website no later than October 1, 2018, and solicit public
  345  comment on the recommendations.
  346         (9)No sooner than July 1, 2019, the department may
  347  initiate rulemaking to adopt criteria for direct potable reuse.
  348  If the rule does not require ratification pursuant to s.
  349  120.541(3), it may not become effective until the conclusion of
  350  the next regular session of the Legislature following its
  351  adoption.
  352         Section 8. Section 403.890, Florida Statutes, is amended to
  353  read:
  354         403.890 Water Protection and Sustainability Program.
  355  Revenues deposited into or appropriated to the Water Protection
  356  and Sustainability Program Trust Fund shall be distributed by
  357  the Department of Environmental Protection in the following
  358  manner:
  359         (1) Sixty-five percent to the Department of Environmental
  360  Protection for the implementation of an alternative water supply
  361  program as provided in s. 373.707.
  362         (2) Twenty-two and five-tenths percent for the
  363  implementation of best management practices and capital project
  364  expenditures necessary for the implementation of the goals of
  365  the total maximum daily load program established in s. 403.067.
  366  Of these funds, 83.33 percent shall be transferred to the credit
  367  of the Department of Environmental Protection Water Quality
  368  Assurance Trust Fund to address water quality impacts associated
  369  with nonagricultural nonpoint sources. Sixteen and sixty-seven
  370  hundredths percent of these funds shall be transferred to the
  371  Department of Agriculture and Consumer Services General
  372  Inspection Trust Fund to address water quality impacts
  373  associated with agricultural nonpoint sources. These funds shall
  374  be used for research, development, demonstration, and
  375  implementation of the total maximum daily load program under s.
  376  403.067, suitable best management practices or other measures
  377  used to achieve water quality standards in surface waters and
  378  water segments identified pursuant to s. 303(d) of the Clean
  379  Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
  380  Implementation of best management practices and other measures
  381  may include cost-share grants, technical assistance,
  382  implementation tracking, and conservation leases or other
  383  agreements for water quality improvement. The Department of
  384  Environmental Protection and the Department of Agriculture and
  385  Consumer Services may adopt rules governing the distribution of
  386  funds for implementation of capital projects, best management
  387  practices, and other measures. These funds shall not be used to
  388  abrogate the financial responsibility of those point and
  389  nonpoint sources that have contributed to the degradation of
  390  water or land areas. Increased priority shall be given by the
  391  department and the water management district governing boards to
  392  those projects that have secured a cost-sharing agreement
  393  allocating responsibility for the cleanup of point and nonpoint
  394  sources.
  395         (3) Twelve and five-tenths percent to the Department of
  396  Environmental Protection for the Disadvantaged Small Community
  397  Wastewater Grant Program as provided in s. 403.1838.
  398         (4) On June 30, 2009, and every 24 months thereafter, the
  399  Department of Environmental Protection shall request the return
  400  of all unencumbered funds distributed pursuant to this section.
  401  These funds shall be deposited into the Water Protection and
  402  Sustainability Program Trust Fund and redistributed pursuant to
  403  the provisions of this section.
  404         Section 9. This act shall take effect July 1, 2017.