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House Bill 1323e2

HB 1323, Second Engrossed 1 A bill to be entitled 2 An act relating to water protection; amending 3 s. 403.8532, F.S.; authorizing the Department 4 of Environmental Protection to make loans to 5 certain public water systems; authorizing use 6 of certain federal Safe Drinking Water Act 7 funds for specified purposes; providing loan 8 criteria, requirements, and limitations; 9 providing for department rules; requiring an 10 annual report; providing for audits; providing 11 for loan service fees; providing for 12 disposition of funds; providing for default; 13 providing penalties for delinquent payments or 14 noncompliance with loan terms and conditions; 15 amending s. 403.860, F.S.; authorizing 16 administrative penalties for failure of a 17 public water system to comply with the Florida 18 Safe Drinking Water Act; providing for rules 19 and procedures; creating s. 403.8615, F.S.; 20 requiring certain new water systems to 21 demonstrate specified technical, managerial, 22 and financial capabilities; creating s. 23 403.865, F.S.; providing legislative findings 24 and intent relating to operation of water and 25 wastewater treatment facilities by qualified 26 personnel; creating s. 403.866, F.S.; providing 27 definitions; creating s. 403.867, F.S.; 28 requiring such operators to be licensed by the 29 department; creating s. 403.868, F.S.; 30 authorizing a utility to have more stringent 31 requirements; creating s. 403.869, F.S.; 1 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 authorizing department rules; creating s. 2 403.87, F.S.; authorizing appointment of a 3 technical advisory council for water and 4 domestic wastewater operator certification; 5 creating s. 403.871, F.S.; providing for 6 application and examination, reexamination, 7 licensure, renewal, and recordmaking and 8 recordkeeping fees; providing for disposition 9 thereof; creating s. 403.872, F.S.; specifying 10 requirements for licensure; creating s. 11 403.873, F.S.; providing for biennial license 12 renewal; creating s. 403.874, F.S.; providing 13 for inactive status and reactivation of 14 inactive licenses; creating s. 403.875, F.S.; 15 specifying prohibited acts; providing a 16 penalty; creating s. 403.876, F.S.; requiring 17 the department to establish grounds for 18 disciplinary actions; providing for an 19 administrative fine; providing for transfer of 20 powers and duties relating to regulation of 21 operators of water treatment plants and 22 domestic wastewater treatment plants from the 23 Department of Business and Professional 24 Regulation to the Department of Environmental 25 Protection; providing for continuation of 26 certain rules; providing a grandfather 27 provision for operators certified prior to the 28 transfer; amending s. 403.087, F.S.; increasing 29 the maximum term for issuance of permits for 30 stationary water pollution sources; specifying 31 conditions for renewing operation permits for 2 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 domestic wastewater treatment facilities for an 2 extended term at the same fee; requiring the 3 department to keep certain records; amending s. 4 403.0871, F.S.; correcting cross references; 5 amending s. 403.0872; clarifying air pollution 6 fee deadline; repealing ss. 468.540, 468.541, 7 468.542, 468.543, 468.544, 468.545, 468.546, 8 468.547, 468.548, 468.549, 468.550, 468.551, 9 and 468.552, F.S., relating to water and 10 wastewater treatment plant operator 11 certification by the Department of Business and 12 Professional Regulation; providing an 13 appropriation; amending s. 367.021, F.S.; 14 defining "environmental compliance costs; 15 amending s. 367.022, F.S.; providing regulatory 16 exemptions for nonpotable irrigation water, 17 under certain circumstances; amending s. 18 367.081, F.S.; providing for recovery of 19 environmental compliance costs; amending s. 20 367.171, F.S.; providing application of the 21 act; amending s. 367.022; deregulating bulk 22 supplies of water for sale for resale; 23 providing for a study of ozonation and other 24 alternative processes for disinfecting water; 25 requiring a report; amending s. 193.625, F.S. 26 to allow high-water recharge assessments when 27 lands will be used primarily for bona fide 28 high-water recharge purposes for a period of at 29 least 5 years; amending s. 403.1835, F.S.; 30 expanding the sewage treatment facilities 31 revolving loan program to provide loans to 3 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 local governmental agencies for construction of 2 stormwater management systems; defining 3 "stormwater management system"; providing 4 additional responsibilities of local 5 governments under the program; providing 6 priority for certain stormwater management 7 system projects; providing for funding; 8 providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Section 403.8532, Florida Statutes, is 13 amended to read: 14 403.8532 Drinking water state revolving loan fund; 15 use; rules.-- 16 (1) The purpose of this section is to assist in 17 implementing the legislative declarations of public policy 18 contained in ss. 403.021 and 403.851 by establishing 19 infrastructure financing, technical assistance, and source 20 water protection programs to assist public drinking water 21 systems in achieving and maintaining compliance with the 22 Florida Safe Drinking Water Act and the federal Safe Drinking 23 Water Act, as amended, and to conserve and protect the quality 24 of waters of the state. 25 (2) For purposes of this section, the term: 26 (a) "Financially disadvantaged community" means the 27 service area of a project to be served by a public water 28 system that meets criteria established by department rule and 29 in accordance with federal guidance. 30 (b) "Local governmental agency" means any 31 municipality, county, district, or authority, or any agency 4 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 thereof, or a combination of two or more of the foregoing 2 acting jointly in connection with a project, having 3 jurisdiction over a public water system. 4 (c) "Public water system" means all facilities, 5 including land, necessary for the treatment and distribution 6 of water for human consumption and includes public water 7 systems as defined in s. 403.852 and as otherwise defined in 8 the federal Safe Drinking Water Act, as amended. Such systems 9 may be publicly owned, privately owned, investor-owned, or 10 cooperatively held. 11 (d) "Small public water system" means a public water 12 system which regularly serves fewer than 10,000 people. 13 (3) The department is authorized to make loans to 14 community water systems, nonprofit noncommunity water systems, 15 and nonprofit nontransient noncommunity water systems to 16 assist them in planning, designing, and constructing public 17 water systems, unless such public water systems are for-profit 18 privately owned or investor-owned systems that regularly serve 19 1,500 service connections or more within a single certified or 20 franchised area. However, a for-profit privately owned or 21 investor-owned public water system that regularly serves 1,500 22 service connections or more within a single certified or 23 franchised area may qualify for a loan only if the proposed 24 project will result in the consolidation of two or more public 25 water systems. The department is authorized to provide loan 26 guarantees, to purchase loan insurance, and to refinance local 27 debt through the issue of new loans for projects approved by 28 the department. Public water systems are authorized to borrow 29 funds made available pursuant to this section and may pledge 30 any revenues or other adequate security available to them to 31 repay any funds borrowed. The department shall administer 5 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 loans so that amounts credited to the Drinking Water Revolving 2 Loan Trust Fund in any fiscal year are reserved for the 3 following purposes: 4 (a) At least 15 percent to qualifying small public 5 water systems. 6 (b) Up to 15 percent to qualifying financially 7 disadvantaged communities. 8 (c) However, if an insufficient number of the projects 9 for which funds are reserved under this paragraph have been 10 submitted to the department at the time the funding priority 11 list authorized under this section is adopted, the reservation 12 of these funds shall no longer apply. The department may 13 award the unreserved funds as otherwise provided in this 14 section. 15 (4) The department is authorized, subject to 16 legislative appropriation authority and authorization of 17 positions, to use funds from the annual capitalization grant 18 for activities authorized under the federal Safe Drinking 19 Water Act, as amended, such as: 20 (a) Program administration. 21 (b) Technical assistance. 22 (c) Source water protection program development and 23 implementation, including wellhead and aquifer protection 24 programs, programs to alleviate water quality and water supply 25 problems associated with saltwater intrusion, programs to 26 identify, monitor and assess source waters, and contaminant 27 source inventories. 28 (d) Capacity development and financial assessment 29 program development and administration. 30 (e) The costs of establishing and administering an 31 operator certification program for drinking water treatment 6 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 plant operators, to the extent such costs cannot be paid for 2 from fees. 3 4 This subsection does not limit the department's ability to 5 apply for and receive other funds made available for specific 6 purposes under the federal Safe Drinking Water Act, as 7 amended. 8 (5) The term of loans made pursuant to this section 9 shall not exceed 30 years. The interest rate on such loans 10 shall be no greater than that paid on the last bonds sold 11 pursuant to s. 14, Art. VII of the State Constitution. 12 (6)(a) The department may provide financial assistance 13 to financially disadvantaged communities for the purpose of 14 planning, designing, and constructing public water systems. 15 Such assistance may include the forgiveness of loan principal. 16 (b) The department shall establish by rule the 17 criteria for determining whether a public water system serves 18 a financially disadvantaged community. Such criteria shall be 19 based on the median household income of the service population 20 or other reliably documented measures of disadvantaged status. 21 (7) To the extent not allowed by federal law, the 22 department shall not provide financial assistance for projects 23 primarily intended to serve future growth. 24 (8) In order to ensure that public moneys are managed 25 in an equitable, prudent, and cost-effective manner, the total 26 amount of money loaned to any public water system during a 27 fiscal year shall be no more than 25 percent of the total 28 funds available for making loans during that year. The minimum 29 amount of a loan shall be $75,000. 30 31 7 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 (9) The department is authorized to make rules 2 necessary to carry out the purposes of this section and the 3 federal Safe Drinking Water Act, as amended. Such rules shall: 4 (a) Set forth a priority system for loans based on 5 public health considerations, compliance with state and 6 federal requirements relating to public drinking water 7 systems, and affordability. The priority system shall give 8 special consideration to the following: 9 1. Projects that provide for the development of 10 alternative drinking water supply projects and management 11 techniques in areas where existing source waters are limited 12 or threatened by saltwater intrusion, excessive drawdowns, 13 contamination, or other problems; 14 2. Projects that provide for a dependable, sustainable 15 supply of drinking water and that are not otherwise 16 financially feasible; and 17 3. Projects that contribute to the sustainability of 18 regional water sources. 19 (b) Establish the requirements for the award and 20 repayment of financial assistance. 21 (c) Require adequate security to ensure that each loan 22 recipient can meet its loan repayment requirements. 23 (d) Require each project receiving financial 24 assistance to be cost-effective, environmentally sound, 25 implementable, and self-supporting. 26 (e) Implement other provisions of the federal Safe 27 Drinking Water Act, as amended. 28 (10) The department shall prepare a report at the end 29 of each fiscal year, detailing the financial assistance 30 provided under this section, service fees collected, interest 31 earned, and loans outstanding. 8 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 (11) Prior to approval of a loan, the local government 2 or public water system shall, at a minimum: 3 (a) Provide a repayment schedule. 4 (b) Submit evidence of the permittability or 5 implementability of the project proposed for financial 6 assistance. 7 (c) Submit plans and specifications, biddable contract 8 documents, or other documentation of appropriate procurement 9 of goods and services. 10 (d) Provide assurance that records will be kept using 11 accepted government accounting standards and that the 12 department and the Auditor General, or their agents will have 13 access to all records pertaining to the loan. 14 (e) Provide assurance that the public water system 15 will be properly operated and maintained in order to achieve 16 or maintain compliance with the requirements of the Florida 17 Safe Drinking Water Act and the federal Safe Drinking Water 18 Act, as amended. 19 (f) Document that the public water system will be 20 self-supporting. 21 (12) The department may conduct an audit of the loan 22 project upon completion, or may require that a separate 23 project audit, prepared by an independent certified public 24 accountant, be submitted. 25 (13) The department may require reasonable service 26 fees on loans made to public water systems to ensure that the 27 Drinking Water Revolving Loan Trust Fund will be operated in 28 perpetuity and to implement the purposes authorized under this 29 section. Service fees shall not be less than 2 percent nor 30 greater than 4 percent of the loan amount exclusive of the 31 service fee. Service fee revenues shall be deposited into the 9 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 department's Grants and Donations Trust Fund. The fee 2 revenues, and interest earnings thereon, shall be used 3 exclusively to carry out the purposes of this section. 4 (14) All moneys available for financial assistance 5 under this section shall be deposited in the Drinking Water 6 Revolving Loan Trust Fund exclusively to carry out the 7 purposes of this section. Any funds therein which are not 8 needed on an immediate basis for financial assistance shall be 9 invested pursuant to s. 215.49. State revolving fund 10 capitalization grants awarded by the Federal Government, state 11 matching funds, and investment earnings thereon shall be 12 deposited into the fund. The principal and interest of all 13 loans repaid and investment earnings thereon shall be 14 deposited into the fund. 15 (15)(a) If a local governmental agency defaults under 16 the terms of its loan agreement, the department shall so 17 certify to the Comptroller, who shall forward the amount 18 delinquent to the department from any unobligated funds due to 19 the local governmental agency under any revenue-sharing or 20 tax-sharing fund established by the state, except as otherwise 21 provided by the State Constitution. Certification of 22 delinquency shall not limit the department from pursuing other 23 remedies available for default on a loan, including 24 accelerating loan repayments, eliminating all or part of the 25 interest rate subsidy on the loan, and court appointment of a 26 receiver to manage the public water system. 27 (b) If a public water system owned by a person other 28 than a local governmental agency defaults under the terms of 29 its loan agreement, the department may take all actions 30 available under law to remedy the default. 31 10 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 (c) The department may impose a penalty for delinquent 2 loan payments in the amount of 6 percent of the amount due, in 3 addition to charging the cost to handle and process the debt. 4 Penalty interest shall accrue on any amount due and payable 5 beginning on the 30th day following the date upon which 6 payment is due. 7 (16) The department is authorized to terminate or 8 rescind a financial assistance agreement when the recipient 9 fails to comply with the terms and conditions of the 10 agreement. 11 (1) If federal funds become available for a drinking 12 water state revolving loan fund, the Department of 13 Environmental Protection may use the funds to make grants and 14 loans to the owners of public water systems, as defined in s. 15 403.852(2), and as otherwise authorized by the law making the 16 funds available. The department may adopt rules necessary to 17 satisfy requirements to receive these federal funds and to 18 carry out the provisions of this subsection. The rules shall 19 include, but not be limited to, a priority system based on 20 public health considerations, system type, and population 21 served; requirements for proper system operation and 22 maintenance; and, where applicable, consideration of ability 23 to repay loans. 24 (2) The department shall, by January 1, 1995, report 25 to the Legislature the status of any drinking water state 26 revolving fund program authorized by federal law and shall 27 include in the report recommendations as to appropriate and 28 necessary statutory changes to govern its implementation. 29 Section 2. Intended Use Plan.-- 30 (1) The Florida Legislature recognizes that over 80 31 percent of the state's population lives in coastal areas and 11 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 is dependent on groundwater sources for drinking water 2 supplies. Further, the Legislature recognizes that saltwater 3 intrusion is an increased threat to healthful and safe 4 drinking water supplies. 5 (2) The Intended Use Plan required of the department 6 under the federal Safe Drinking Water Act, as amended, shall 7 provide, in general, to the maximum extent practicable, that 8 priority for the use of funds be given to projects that: 9 (a) Address the most serious risk to human health, 10 especially projects that would develop alternative water 11 supply in areas with saltwater intrusion problems; 12 (b) Are necessary to ensure compliance with the 13 requirements of the federal Safe Drinking Water Act, as 14 amended, including requirements for filtration; and 15 (c) Assist systems most in need on a per-household 16 basis according to affordability criteria established by the 17 Department of Environmental Protection by rule. 18 Section 3. Subsection (6) of section 403.860, Florida 19 Statutes, is renumbered as subsection (7), and a new 20 subsection (6) is added to said section to read: 21 403.860 Penalties and remedies.-- 22 (6) The department is authorized to assess 23 administrative penalties for failure to comply with the 24 requirements of the Florida Safe Drinking Water Act. 25 (a)1. Prior to the assessment of an administrative 26 penalty, the department shall provide the public water system 27 a reasonable amount of time to complete the corrective action 28 necessary to bring the system back into compliance. 29 (b)1. At the time of assessment of the administrative 30 penalty, the department shall give the public water system 31 notice setting forth the amount assessed, the specific 12 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 provision of law, rule, or order alleged to be violated, the 2 facts alleged to constitute the violation, the corrective 3 action needed to bring the party into compliance, and the 4 rights available under chapter 120 to challenge the 5 assessment. The assessment shall be final and effective, 6 unless an administrative hearing is requested within 20 days 7 after receipt of the written notice, and shall be enforceable 8 pursuant to s. 120.69. 9 2. The department shall adopt rules to implement the 10 provisions of this subsection. The rules shall establish 11 specific procedures for implementing the penalties and shall 12 identify assessment amounts. The rules shall authorize the 13 application of adjustment factors for the purpose of 14 increasing or decreasing the total amount assessed subsequent 15 to initial assessment. Such factors may include the lack or 16 degree of good faith to comply with the requirements, the lack 17 or degree of willfulness or negligence on the part of the 18 owner, the compliance history of the public water system, the 19 economic benefit derived by the failure to comply with the 20 requirements, and the ability to pay. 21 (b) The amount of the penalties assessed shall be as 22 follows: 23 1. In the case of a public water system serving a 24 population of more than 10,000, the penalty shall be not less 25 than $1,000 per day per violation. 26 2. In the case of any other public water system, the 27 penalty shall be adequate to ensure compliance. 28 29 However, the total amount of the penalty assessed on any 30 public water system may not exceed $10,000 per violation. 31 13 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 Section 4. Section 403.8615, Florida Statutes, is 2 created to read: 3 403.8615 Determination of capability and capacity 4 development.-- 5 (1) The department shall require all new community 6 water systems and new nontransient, noncommunity water systems 7 seeking to commence operations after October 1, 1999, to 8 demonstrate the technical, managerial, and financial 9 capabilities to comply with national primary drinking water 10 regulations as required by the federal Safe Drinking Water 11 Act, as amended. The department shall establish by rule, 12 consistent with any federal guidance on capacity development, 13 the criteria for determining technical, managerial, and 14 financial capabilities. At a minimum, such water systems 15 must: 16 (a) Employ or contract for the services of a certified 17 operator, unless the department has waived this requirement 18 pursuant to s. 403.854(5). 19 (b) Demonstrate the capabilities to conduct required 20 monitoring and reporting programs and maintain appropriate 21 records of such monitoring. 22 (c) Demonstrate financial soundness through the 23 posting of a bond, creation of a reserve, documentation of an 24 unreserved revenue source, or other appropriate means 25 established by department rule. 26 (2) If the department determines that such a water 27 system can not demonstrate technical, managerial, or financial 28 capability, a permit may not be issued for that system 29 pursuant to s. 403.861(7) until the water system has been 30 determined to have the required capabilities. 31 14 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 Section 5. Section 403.865, Florida Statutes, is 2 created to read: 3 403.865 Purpose.--The Legislature finds that the 4 threat to the public health and the environment from the 5 operation of water and wastewater treatment plants mandates 6 that qualified personnel operate these facilities. It is the 7 legislative intent that any person who performs the duties of 8 an operator and who falls below minimum competency or who 9 otherwise presents a danger to the public be prohibited from 10 operating a plant or system in this state. 11 Section 6. Section 403.866, Florida Statutes, is 12 created to read: 13 403.866 Definitions.--As used in ss. 403.865-403.876, 14 the term: 15 (1) "Domestic wastewater collection system" means 16 pipelines or conduits, pumping stations, and force mains and 17 all other structures, devices, appurtenances, and facilities 18 used for collecting or conducting wastes to an ultimate point 19 for treatment or disposal. 20 (2) "Domestic wastewater treatment plant" means any 21 plant or other works used for the purpose of treating, 22 stabilizing, or holding domestic wastes. 23 (3) "Operator" means any person, including the owner, 24 who is in onsite charge of the actual operation, supervision, 25 and maintenance of a water treatment plant or domestic 26 wastewater treatment plant and includes the person in onsite 27 charge of a shift or period of operation during any part of 28 the day. 29 (4) "Public water system" has the same meaning as it 30 has in s. 403.852. 31 15 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 (5) "Water distribution system" means those components 2 of a public water system used in conveying water for human 3 consumption from the water plant to the consumer's property, 4 including pipelines, conduits, pumping stations, and all other 5 structures, devices, appurtenances, and facilities used 6 specifically for such purpose. 7 (6) "Water treatment plant" means those components of 8 a public water system used in collection, treatment, and 9 storage of water for human consumption, whether or not such 10 components are under the control of the operator of such 11 system. 12 Section 7. Section 403.867, Florida Statutes, is 13 created to read: 14 403.867 License required.--A person may not perform 15 the duties of an operator of a water treatment plant or a 16 domestic wastewater treatment plant unless he or she holds a 17 current operator's license issued by the department. 18 Section 8. Section 403.868, Florida Statutes, is 19 created to read: 20 403.868 Requirements by a utility.--A utility may have 21 more stringent requirements than set by law, including 22 certification requirements for water distribution systems and 23 domestic wastewater collection systems operations, except that 24 a utility may not require a licensed contractor, as defined in 25 s. 489.105(3) to have any additional license for work in water 26 distribution systems or domestic wastewater collection 27 systems. 28 Section 9. Section 403.869, Florida Statutes, is 29 created to read: 30 31 16 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 403.869 Authority to adopt rules.--The department may 2 adopt rules necessary to carry out the provisions of ss. 3 403.865-403.876. 4 Section 10. Section 403.87, Florida Statutes, is 5 created to read: 6 403.87 Technical advisory council for water and 7 domestic wastewater operator certification.--Within 90 days of 8 the effective date of this act, the secretary of the 9 department shall appoint a technical advisory council as 10 necessary for the purposes of ss. 403.865-403.876. The 11 technical advisory council shall meet upon the request of the 12 chair, upon request of a majority of its members, or upon 13 request of the secretary. Members shall provide for their own 14 expenses. The council shall consist of not less than five 15 persons who, collectively, are expert in domestic wastewater 16 and drinking water treatment, facilities operation, public 17 health and environmental protection, including at least one 18 licensed wastewater treatment plant operator and one licensed 19 water treatment plant operator. 20 Section 11. Section 403.871, Florida Statutes, is 21 created to read: 22 403.871 Fees.--The department shall, by rule, 23 establish fees to be paid for application and examination, 24 reexamination, licensing and renewal, renewal of an inactive 25 license, reactivation of an inactive license, recordmaking, 26 and recordkeeping. The department shall establish fees 27 adequate to administer and implement ss. 403.865-403.876. 28 (1) The application fee may not exceed $100 and is not 29 refundable. 30 (2) The renewal fee may not exceed $100 and is not 31 refundable. 17 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 (3) All fees collected under this section must be 2 deposited into the Water Quality Assurance Trust Fund. The 3 fees shall be used exclusively to implement the provisions of 4 ss. 403.865-403.876. 5 Section 12. Section 403.872, Florida Statutes, is 6 created to read: 7 403.872 Requirements for licensure.-- 8 (1) Any person desiring to be licensed as a water 9 treatment plant operator or a domestic wastewater treatment 10 plant operator must apply to the department to take the 11 licensure examination. 12 (2) The department shall examine the qualifications of 13 any applicant who meets the criteria established by the 14 department for licensure, submits a completed application, and 15 remits the required fee. 16 (3) The department shall license as an operator any 17 applicant who has passed the examination under this section. 18 (4) The department shall establish, by rule, the 19 criteria for licensure, including, but not limited to, a 20 requirement of a high school diploma or its equivalent, a 21 training course approved by the department, and onsite 22 operational experience. 23 (5) The department may also include a requirement that 24 an operator must not be the subject of a disciplinary or 25 enforcement action in another state at the time of application 26 for licensure in this state. 27 Section 13. Section 403.873, Florida Statutes, is 28 created to read: 29 403.873 Renewal of license.-- 30 31 18 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 (1) The department shall renew a license upon receipt 2 of the renewal application and fee and in accordance with the 3 other provisions of ss. 403.865-403.876. 4 (2) The department shall adopt rules establishing a 5 procedure for the biennial renewal of licenses. 6 Section 14. Section 403.874, Florida Statutes, is 7 created to read: 8 403.874 Inactive status.-- 9 (1) The department shall reactivate an inactive 10 license upon receipt of the reactivation application and fee. 11 (2) The department shall adopt rules relating to 12 licenses that have become inactive and for the reactivation of 13 inactive licenses. 14 Section 15. Section 403.875, Florida Statutes, is 15 created to read: 16 403.875 Prohibitions; penalties.-- 17 (1) A person may not: 18 (a) Perform the duties of an operator of a water 19 treatment plant or domestic wastewater treatment plant unless 20 he or she is licensed under ss. 403.865-403.876. 21 (b) Use the name or title "water treatment plant 22 operator" or "domestic wastewater treatment plant operator" or 23 any other words, letters, abbreviations, or insignia 24 indicating or implying that he or she is an operator, or 25 otherwise holds himself or herself out as an operator, unless 26 the person is the holder of a valid license issued under ss. 27 403.865-403.876. 28 (c) Present as his or her own the license of another. 29 (d) Knowingly give false or forged evidence to the 30 department. 31 19 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 (e) Use or attempt to use a license that has been 2 suspended, revoked, or placed on inactive or delinquent 3 status. 4 (f) Employ unlicensed persons to perform the duties of 5 an operator of a water treatment or domestic wastewater 6 treatment plant. 7 (g) Conceal information relative to any violation of 8 ss. 403.865-403.876. 9 (2) Any person who violates any provision of this 10 section commits a misdemeanor of the first degree, punishable 11 as provided in s. 775.082 or s. 775.083. 12 Section 16. Section 403.876, Florida Statutes, is 13 created to read: 14 403.876 Grounds for disciplinary action.-- 15 (1) The department shall establish, by rule, the 16 grounds for taking disciplinary action, including suspending 17 or revoking a valid license, placing a licensee on probation, 18 refusing to issue a license, refusing to renew a license, or 19 refusing to reactivate a license, and the imposition of an 20 administrative fine, not to exceed $1,000 per count or 21 offense. The fines collected under this section shall be 22 deposited into the Water Quality Assurance Trust Fund. 23 (2) The department shall conduct disciplinary 24 proceedings in accordance with chapter 120. 25 (3) The department shall reissue the license of a 26 disciplined operator when that operator has complied with all 27 terms and conditions of the department's final order. 28 Section 17. All powers, duties and functions, rules, 29 records, personnel, property, and unexpended balances of 30 appropriations, allocations, or other funds of the Department 31 of Business and Professional Regulation related to the 20 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 classification and regulation of operators of water treatment 2 plants and domestic wastewater treatment plants are 3 transferred by a type two transfer, as defined in s. 20.06(2), 4 Florida Statutes, from the Department of Business and 5 Professional Regulation to the Department of Environmental 6 Protection. However, in no event shall the Department of 7 Business and Professional Regulation transfer fewer than 6 8 positions, along with sufficient supporting budget, to the 9 Department of Environmental Protection. The 6 positions must 10 be of paygrades at least equivalent to those positions 11 transferred by the Department of Environmental Protection to 12 the Department of Business and Professional Regulation when 13 the operator certification program was transferred in 1992. 14 The rules of the Department of Business and Professional 15 Regulation that regulate plant operators remain in effect 16 until the Department of Environmental Protection has adopted 17 rules to supersede those of the Department of Professional and 18 Business Regulation. 19 Section 18. Operators certified by the Department of 20 Professional and Business Regulation as of the effective date 21 of this act shall be deemed to be licensed by the Department 22 of Environmental Protection until the expiration of the term 23 of their certification. 24 Section 19. Subsections (1) and (2) of section 25 403.087, Florida Statutes, are amended, present subsections 26 (3) through (8) of that section are redesignated as 27 subsections (4) through (9), respectively, and new subsection 28 (3) is added to that section to read: 29 403.087 Permits; general issuance; denial; revocation; 30 prohibition; penalty.-- 31 21 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 (1) A No stationary installation that is which will 2 reasonably be expected to be a source of air or water 3 pollution must not shall be operated, maintained, constructed, 4 expanded, or modified without an appropriate and currently 5 valid permit issued by the department, unless exempted by 6 department rule. In no event shall a permit for a water 7 pollution source be issued for a term of more than 10 5 years, 8 nor and in no event may an operation permit issued after July 9 1, 1992, for a major source of air pollution have a fixed term 10 of more than 5 years. However, upon expiration, a new permit 11 may be issued by the department in accordance with this 12 chapter act and the rules and regulations of the department. 13 (2) The department shall adopt, and may amend, or 14 repeal, rules, regulations, and standards for the issuance, 15 denial, modification, and revocation of permits under this 16 section. 17 (3) A renewal of an operation permit for a domestic 18 wastewater treatment facility other than a facility regulated 19 under the National Pollutant Discharge Elimination System 20 (NPDES) Program under s. 403.0885 must be issued upon request 21 for a term of up to 10 years, for the same fee and under the 22 same conditions as a 5-year permit, in order to provide the 23 owner or operator with a financial incentive, if: 24 (a) The waters from the treatment facility are not 25 discharged to Class 1 municipal injection wells or the 26 treatment facility is not required to comply with the federal 27 standards under the Underground Injection Control program 28 under chapter 62-528 of the Florida Administrative Code; 29 (b) The treatment facility is not operating under a 30 temporary operating permit or a permit with an accompanying 31 administrative order and does not have any enforcement action 22 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 pending against it by the United States Environmental 2 Protection Agency, the department, or a local program approved 3 under s. 403.182; 4 (c) The treatment facility has operated under an 5 operation permit for 5 years and, for at least the preceding 2 6 years, has generally operated in conformance with the limits 7 of permitted flows and other conditions specified in the 8 permit; 9 (d) The department has reviewed the 10 discharge-monitoring reports required under department rule 11 and is satisfied that the reports are accurate; 12 (e) The treatment facility has generally met water 13 quality standards in the preceding 2 years, except for 14 violations attributable to events beyond the control of the 15 treatment plant or its operator, such as destruction of 16 equipment by fire, wind, or other abnormal events that could 17 not reasonably be expected to occur; and 18 (f) The department, or a local program approved under 19 s. 403.182, has conducted, in the preceding 12 months, an 20 inspection of the facility and has verified in writing to the 21 operator of the facility that it is not exceeding the 22 permitted capacity and is in substantial compliance. 23 24 The department shall keep records of the number of 10-year 25 permits applied for and the number and duration of permits 26 issued for longer than 5 years. 27 Section 20. Section 403.0871, Florida Statutes, 1996 28 Supplement, is amended to read: 29 403.0871 Florida Permit Fee Trust Fund.--There is 30 established within the department a nonlapsing trust fund to 31 be known as the "Florida Permit Fee Trust Fund." All funds 23 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 received from applicants for permits pursuant to ss. 161.041, 2 161.053, 161.0535, 403.087(6)(5), and 403.861(8) shall be 3 deposited in the Florida Permit Fee Trust Fund and shall be 4 used by the department with the advice and consent of the 5 Legislature to supplement appropriations and other funds 6 received by the department for the administration of its 7 responsibilities under this chapter and chapter 161. In no 8 case shall funds from the Florida Permit Fee Trust Fund be 9 used for salary increases without the approval of the 10 Legislature. 11 Section 21. Paragraphs (a)7. and (a)10. of subsection 12 (11) of section 403.0872, Florida Statutes, 1996 Supplement, 13 is amended to read: 14 403.0872 Operation permits for major sources of air 15 pollution; annual operation license fee.--Provided that 16 program approval pursuant to 42 U.S.C. s. 7661a has been 17 received from the United States Environmental Protection 18 Agency, beginning January 2, 1995, each major source of air 19 pollution, including electrical power plants certified under 20 s. 403.511, must obtain from the department an operation 21 permit for a major source of air pollution under this section, 22 which is the only department operation permit for a major 23 source of air pollution required for such source. Operation 24 permits for major sources of air pollution, except general 25 permits issued pursuant to s. 403.814, must be issued in 26 accordance with the following procedures and in accordance 27 with chapter 120; however, to the extent that chapter 120 is 28 inconsistent with the provisions of this section, the 29 procedures contained in this section prevail: 30 (11) Commencing in 1993, each major source of air 31 pollution permitted to operate in this state must pay between 24 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 January 15 and March 1 of each year, upon written notice from 2 the department, an annual operation license fee in an amount 3 determined by department rule. The annual operation license 4 fee shall be terminated immediately in the event the United 5 States Environmental Protection Agency imposes annual fees 6 solely to implement and administer the major source 7 air-operation permit program in Florida under 40 C.F.R. s. 8 70.10(d). 9 (a) The annual fee must be assessed based upon the 10 source's previous year's emissions and must be calculated by 11 multiplying the applicable annual operation license fee factor 12 times the tons of each regulated air pollutant (except carbon 13 monoxide) allowed to be emitted per hour by specific condition 14 of the source's most recent construction or operation permit, 15 times the annual hours of operation allowed by permit 16 condition; provided, however, that: 17 7. If the department has not received the fee by 18 February 15 of the calendar year, the permittee must be sent a 19 written warning of the consequences for failing to pay the fee 20 by March 1. If the department has not received the fee is not 21 postmarked by March 1 of the calendar year, commencing with 22 calendar year 1997, the department shall impose, in addition 23 to the fee, a penalty of 50 percent of the amount of the fee, 24 plus interest on such amount computed in accordance with s. 25 220.807. The department may not impose such penalty or 26 interest on any amount underpaid, provided that the permittee 27 has timely remitted payment of at least 90 percent of the 28 amount determined to be due and remits full payment within 60 29 days after receipt of notice of the amount underpaid. The 30 department may waive the collection of underpayment and shall 31 not be required to refund overpayment of the fee, if the 25 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 amount due is less than 1 percent of the fee, up to $50. The 2 department may revoke any major air pollution source operation 3 permit if it finds that the permitholder has failed to timely 4 pay any required annual operation license fee, penalty, or 5 interest. 6 10. Notwithstanding the provisions of s. 7 403.087(6)(5)(a)4.a., authorizing air pollution construction 8 permit fees, the department may not require such fees for 9 changes or additions to a major source of air pollution 10 permitted pursuant to this section, unless the activity 11 triggers permitting requirements under Title I, Part C or Part 12 D, of the federal Clean Air Act, 42 U.S.C. ss. 7470-7514a. 13 Costs to issue and administer such permits shall be considered 14 direct and indirect costs of the major stationary source 15 air-operation permit program under s. 403.0873. The department 16 shall, however, require fees pursuant to the provisions of s. 17 403.087(6)(5)(a)4.a. for the construction of a new major 18 source of air pollution that will be subject to the permitting 19 requirements of this section once constructed and for 20 activities triggering permitting requirements under Title I, 21 Part C or Part D, of the federal Clean Air Act, 42 U.S.C. ss. 22 7470-7514a. 23 Section 22. Sections 468.540, 468.541, 468.542, 24 468.543, 468.544, 468.545, 468.546, 468.547, 468.548, and 25 468.552, Florida Statutes, and sections 468.549, 468.550, and 26 468.551, Florida Statutes, as amended by chapter 94-119, Laws 27 of Florida, are hereby repealed. 28 Section 23. Subsections (7) through (13) of section 29 367.021, Florida Statutes, are renumbered as subsections (8) 30 through (14), respectively, and a new subsection (7) is added 31 to said section to read: 26 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 367.021 Definitions.--As used in this chapter, the 2 following words or terms shall have the meanings indicated: 3 (7) "Environmental compliance costs" means all 4 reasonable expenses and a fair return on the prudent 5 investments incurred in complying with federal, state, or 6 local environmental laws, rules, regulations, orders, 7 ordinances, or resolutions, or other such requirements. The 8 commission shall be bound by the determinations, permitting, 9 and enforcement decisions of the United States Environmental 10 Protection Agency, the department of environmental protection, 11 or a water management district, or other entity with 12 jurisdiction, as to the need for, capacity of, and type of 13 facilities, including land and processes, required for 14 compliance, and the need for, capacity of, and type of 15 facilities, including land and processes, required as part of 16 any reuse system or project. 17 Section 24. Subsection (11) is added to section 18 367.022, Florida Statutes, 1996 Supplement, to read: 19 367.022 Exemptions.--The following are not subject to 20 regulation by the commission as a utility nor are they subject 21 to the provisions of this chapter, except as expressly 22 provided: 23 (11) Any person providing only non-potable water for 24 irrigation purposes in a geographic area where potable water 25 service is available from a governmentally or privately owned 26 utility or a private well. 27 Section 25. Subsection (2) of section 367.081, Florida 28 Statutes, is amended to read: 29 367.081 Rates; procedure for fixing and changing.-- 30 (2)(a) The commission shall, either upon request or 31 upon its own motion, fix rates which are just, reasonable, 27 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 compensatory, and not unfairly discriminatory. In every such 2 proceeding, the commission shall consider the value and 3 quality of the service and the cost of providing the service, 4 which shall include, but not be limited to, debt interest; the 5 requirements of the utility for working capital; maintenance, 6 depreciation, tax, and operating expenses incurred in the 7 operation of all property used and useful in the public 8 service; and a fair return on the investment of the utility in 9 property used and useful in the public service. However, the 10 commission shall not allow the inclusion of 11 contributions-in-aid-of-construction in the rate base of any 12 utility during a rate proceeding; and accumulated depreciation 13 on such contributions-in-aid-of-construction shall not be used 14 to reduce the rate base, nor shall depreciation on such 15 contributed assets be considered a cost of providing utility 16 service. The commission shall also consider the investment of 17 the utility in land acquired or facilities constructed or to 18 be constructed in the public interest within a reasonable time 19 in the future, not to exceed, unless extended by the 20 commission, 24 months from the end of the historical test 21 period used to set final rates. Notwithstanding the foregoing, 22 the commission shall approve rates for service that allow a 23 utility to recover the full amount of environmental compliance 24 costs from customers. Rates for service shall not include 25 allowance for funds prudently invested or similar charges. 26 (b) In establishing initial rates for a utility, the 27 commission may project the financial and operational data as 28 set out in paragraph (a) to a point in time when the utility 29 is expected to be operating at a reasonable level of capacity. 30 31 28 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 Section 26. Subsections (6) and (8) of section 2 367.171, Florida Statutes, 1996 Supplement are amended to 3 read: 4 (6) Any county in which utilities as herein defined 5 were regulated by the commission on or after January 1, 1980, 6 which subsequently cease to be so regulated, shall, within 90 7 days of the cessation of commission regulation or the 8 effective date of this act, adopt and follow as minimum 9 standards of regulation the provisions of s. 367.021, s. 10 367.081, except for paragraph (4)(a), and ss. 367.0817 and s. 11 367.082, except that the word "commission" shall be read as 12 "the governing body of such county" when the context implies 13 or admits. The authorized rate of return shall be no less than 14 the weighted cost of the capital of the utility, including 15 debt and equity. 16 (8) Each county which is excluded from the provisions 17 of this chapter shall regulate the rates of all utilities in 18 that county which would otherwise be subject to regulation by 19 the commission pursuant to ss. 367.021, s. 367.081(1), (2), 20 (3), and (6), and 367.0817. The county shall not regulate the 21 rates or charges of any system or facility which would 22 otherwise be exempt from commission regulation pursuant to s. 23 367.022(2). For this purpose the county or its agency shall 24 proceed as though the county or agency is the commission. 25 Section 27. Subsection (11) is added to section 26 367.022, Florida Statutes, 1996 Supplement, to read: 27 367.022 Exemptions.--The following are not subject to 28 regulation by the commission as a utility nor are they subject 29 to the provisions of this chapter, except as expressly 30 provided: 31 29 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 (11) The sale for resale of bulk supplies of water to 2 a governmental authority or to a utility regulated pursuant to 3 this chapter either by the commission or the county. 4 Section 28. The Department of Environmental 5 Protection's Division of Water Facilities is directed to 6 conduct a study on ozonation and other alternative processes 7 for disinfecting water, with an emphasis on incorporating such 8 processes in reuse of water in cooling systems. The 9 department shall use existing resources and any existing study 10 committee or task force to conduct this research on ozonation 11 and other alternative processes. The department shall submit 12 a report on its findings and recommendations to the Governor, 13 the President of the Senate and the Speaker of the House of 14 Representatives by December 15, 1998. 15 Section 29. Subsection (5) of section 193.625, F.S., 16 1996 Supplement, is amended to read: 17 (5)(a) In years in which proper application for 18 high-water recharge assessment has been made and granted under 19 this section, for purposes of taxes levied by the county, the 20 assessment of the land must be based on the formula adopted by 21 the county as provided in paragraph (b). 22 (b) Counties that choose to have a high-water recharge 23 protection tax assessment program must adopt by ordinance a 24 formula for determining the assessment of properties 25 classified as high-water recharge property and a method of 26 contracting with property owners who wish to be involved in 27 the program. 28 (c) The contract must include a provision that the 29 land assessed as high-water recharge land will be used 30 primarily for bona fide high-water recharge purposes for a 31 period of at least 5 10 years, as determined by the county, 30 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 from January 1 of the year in which the assessment is made. 2 Violation of the contract results in the property owner being 3 subject to the payment of the difference between the total 4 amount of taxes actually paid on the property and the amount 5 of taxes which would have been paid in each previous year the 6 contract was in effect if the high-water recharge assessment 7 had not been used. 8 (d) A municipality located in any county that adopts 9 an ordinance under paragraph (a) may adopt an ordinance 10 providing for the assessment of land located in the 11 incorporated areas in accordance with the county's ordinance. 12 (e) Property owners whose land lies within an area 13 determined to be a high-water recharge area must not be 14 required to have their land assessed according to the 15 high-water recharge classification. 16 (f) In years in which proper application for 17 high-water recharge assessment has not been made, the land 18 must be assessed under s. 193.011. 19 Section 30. This section shall take effect upon 20 becoming law. 21 Section 31. Subsections (3), (4), (6), and (9) of 22 section 403.1835, Florida Statutes, are amended to read: 23 403.1835 Sewage treatment facilities revolving loan 24 program.-- 25 (3) The department is authorized to make loans and 26 grants to local governmental agencies to assist them in 27 planning, designing, and constructing sewage treatment 28 facilities and stormwater management systems. 29 (a) The department is authorized to make loans, use 30 the funds to provide loan guarantees, to purchase loan 31 insurance, and to refinance local debt through the issue of 31 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 new loans for projects approved by the department. Local 2 governmental agencies are authorized to borrow funds made 3 available pursuant to this section and may pledge any revenue 4 available to them to repay any funds borrowed. The department 5 shall administer loans to local governmental agencies so that 6 at least 15 percent of each annual allocation for loans is 7 reserved for small communities. 8 (b) The department may make grants to financially 9 disadvantaged small communities, as defined in s. 403.1838, 10 using funds made available from grant allocations on loans 11 authorized under subsection (4). The grants must be 12 administered in accordance with s. 403.1838. 13 (c) The department may make grants to local government 14 agencies as authorized under the Federal Water Pollution 15 Control Act, or as a result of other federal action. The 16 grants must be administered in accordance with this section 17 and applicable federal requirements. 18 (4) The term of loans made pursuant to this section 19 shall not exceed 30 years. The department may assess grant 20 allocations on the loans for the purpose of making grants to 21 financially disadvantaged small communities. The combined rate 22 of interest and grant allocations rate on loans shall be no 23 greater than the interest rate that paid on the last bonds 24 sold pursuant to s. 14, Art. VII of the State Constitution. 25 The grant allocations on a loan shall be equal to or less than 26 the interest rate on the loan. 27 (6) Prior to approval of a construction loan, the 28 local government shall: 29 (a) Provide a repayment schedule. 30 31 32 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 (b) Submit plans and specifications and evidence of 2 permittability for sewage treatment facilities and stormwater 3 management systems. 4 (c) Provide assurance that records will be kept using 5 accepted government accounting standards and that the 6 department, the Auditor General, or their agents will have 7 access to all records pertaining to the loan. 8 (d) Provide assurance that the facility will be 9 properly operated and maintained. 10 (e) Document that the revenues generated will be 11 sufficient to ensure that the facilities will be 12 self-supporting. 13 (f) Provide assurance that annual financial audit 14 reports, and a separate project audit prepared by an 15 independent certified public accountant upon project 16 completion, will be submitted to the department. 17 (g) Submit project planning documentation 18 demonstrating cost-effectiveness, environmental soundness, 19 public participation, and the implementability of the proposed 20 sewage treatment facilities and stormwater management systems. 21 (9) Funds for the loans and grants authorized under 22 this section must be managed as follows: 23 (a) A nonlapsing trust fund with revolving loan 24 provisions to be known as the "Sewage Treatment Revolving Loan 25 Fund" is hereby established in the State Treasury to be used 26 as a revolving fund by the department to carry out the purpose 27 of this section. Any funds therein which are not needed on an 28 immediate basis for loans may be invested pursuant to s. 29 215.49. The cost of administering the program shall, to the 30 extent possible, be paid from federal funds and, when federal 31 funds become no longer available, from reasonable service fees 33 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 that may be imposed upon loans so as to enhance program 2 perpetuity. Grants awarded by the Federal Government, state 3 matching funds, and investment earnings thereon to fund 4 revolving loans for local governmental agencies' sewage 5 treatment facilities shall be deposited into the fund. All 6 moneys available in the fund are hereby designated to carry 7 out the purpose of this section. The principal and interest of 8 all loans repaid and investment earnings shall be deposited 9 into this fund. 10 (b) Revenues from the loan grant allocations 11 authorized under subsection (4), federal appropriations, state 12 matching funds for grants authorized by federal statute or 13 other federal action, and service fees, and all earnings 14 thereon, shall be deposited into the department's Grants and 15 Donations Trust Fund. Service fees and all earnings thereon 16 must be used solely for program administration. The loan grant 17 allocation revenues and earnings thereon must be used solely 18 for the purpose of making grants to financially disadvantaged 19 small communities. Federal appropriations and state matching 20 funds for grants authorized by federal statute or other 21 federal action, and earnings thereon, must be used solely for 22 the purposes authorized. All deposits into the department's 23 Grants and Donations Trust Fund under this section, and 24 earnings thereon, must be accounted for separately from all 25 other moneys deposited into the fund. 26 Section 32. Beginning in fiscal year 1998-1999, the 27 Department of Environmental Protection shall make available up 28 to 10 percent of the annual revenue received in the Sewage 29 Treatment Revolving Loan Fund for loans to local governmental 30 agencies for constructing stormwater management systems 31 authorized pursuant to s. 403.1835, Florida Statutes. During 34 CODING: Words stricken are deletions; words underlined are additions. HB 1323, Second Engrossed 1 this period of time, if the department does not receive 2 requests for projects to use the funds available for 3 stormwater management systems, such funds shall be used for 4 constructing sewage treatment facilities and other activities 5 authorized by s. 403.1835, Florida Statutes. 6 Section 33. This act shall take effect July 1, 1997. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 35