HB 0749

CS

CHAMBER ACTION

1	The Environmental Regulation Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to sewage treatment and disposal systems;
7	amending s. 153.54, F.S.; requiring county commissions to
8	include certain studies for the construction of a new
9	proposed sewerage system or the extension of an existing
10	sewerage system in certain reports; amending s. 153.73,
11	F.S.; requiring county water and sewer districts to
12	conduct certain studies for the construction of a new
13	proposed sewerage system or the extension of an existing
14	sewerage system prior to the levying of certain
15	assessments; amending s. 163.3180, F.S.; authorizing local
16	governments to use certain onsite sewage treatment and
17	disposal systems to meet certain concurrency requirements;
18	amending s. 180.03, F.S.; requiring municipalities to
19	conduct certain studies for the construction of a new
20	proposed sewerage system or the extension of an existing
21	sewerage system prior to the adoption of certain
22	resolutions or ordinances; amending s. 381.00655, F.S.;
23	exempting certain onsite sewage treatment and disposal
24	systems from connecting to a publicly owned or investor-
25	owned sewerage system under certain circumstances;
26	providing exceptions; providing an effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Subsection (5) is added to section 153.54,
31	Florida Statutes, to read:
32	153.54  Preliminary report by county commissioners with
33	respect to creation of proposed district.--Upon receipt of a
34	petition duly signed by not less than 25 qualified electors who
35	are also freeholders residing within an area proposed to be
36	incorporated into a water and sewer district pursuant to this
37	law and describing in general terms the proposed boundaries of
38	such proposed district, the board of county commissioners if it
39	shall deem it necessary and advisable to create and establish
40	such proposed district for the purpose of constructing,
41	establishing or acquiring a water system or a sewer system or
42	both in and for such district (herein called "improvements"),
43	shall first cause a preliminary report to be made which such
44	report together with any other relevant or pertinent matters,
45	shall include at least the following:
46	(5)  For the construction of a new proposed sewerage system
47	or the extension of an existing sewerage system that was not
48	previously approved or not in a designated urban service area, a
49	detailed feasibility study that:
50	(a)  Evaluates the present age, condition, and maintenance
51	history of onsite sewage treatment and disposal systems
52	currently in use in the area.
53	(b)  Compares the projected costs to the owner of a typical
54	lot or parcel of connecting to and using the proposed sewerage
55	system versus installing, operating, and properly maintaining an
56	onsite sewage treatment system that is approved by the
57	Department of Health and provides for a level of environmental
58	and health protection comparable to that of the proposed central
59	sewerage system.
60	(c)  Evaluates whether the density required to accommodate
61	onsite sewage treatment and disposal systems would meet the
62	local government's comprehensive plan requirements for density
63	for the area and environmental protection of the area's surface
64	and groundwater.
65	(d)  Considers the local government's obligations or
66	reasonably anticipated obligations for water body cleanup and
67	protection under state or federal programs.
68
69	Such report shall be filed in the office of the clerk of the
70	circuit court and shall be open for the inspection of any
71	taxpayer, property owner, qualified elector or any other
72	interested or affected person.
73	Section 2.  Paragraph (c) is added to subsection (2) of
74	section 153.73, Florida Statutes, to read:
75	153.73  Assessable improvements; levy and payment of
76	special assessments.--Any district may provide for the
77	construction or reconstruction of assessable improvements as
78	defined in s. 153.52, and for the levying of special assessments
79	upon benefited property for the payment thereof, under the
80	provisions of this section.
81	(2)
82	(c)  For the construction of a new proposed sewerage system
83	or the extension of an existing sewerage system that was not
84	previously approved or not in a designated urban service area, a
85	report shall be prepared that includes a detailed feasibility
86	study that:
87	1.  Evaluates the present age, condition, and maintenance
88	history of onsite sewage treatment and disposal systems
89	currently in use in the area.
90	2.  Compares the projected costs to the owner of a typical
91	lot or parcel of connecting to and using the proposed sewerage
92	system versus installing, operating, and properly maintaining an
93	onsite sewage treatment system that is approved by the
94	Department of Health and provides for a level of environmental
95	and health protection comparable to that of the proposed central
96	sewerage system.
97	3.  Evaluates whether the density required to accommodate
98	onsite sewage treatment and disposal systems would meet the
99	local government's comprehensive plan requirements for density
100	for the area and environmental protection of the area's surface
101	and groundwater.
102	4.  Considers the local government's obligations or
103	reasonably anticipated obligations for water body cleanup and
104	protection under state or federal programs.
105	Section 3.  Paragraph (a) of subsection (2) of section
106	163.3180, Florida Statutes, is amended to read:
107	163.3180  Concurrency.--
108	(2)(a)  Consistent with public health and safety, sanitary
109	sewer, solid waste, drainage, adequate water supplies, and
110	potable water facilities shall be in place and available to
111	serve new development no later than the issuance by the local
112	government of a certificate of occupancy or its functional
113	equivalent. Prior to approval of a building permit or its
114	functional equivalent, the local government shall consult with
115	the applicable water supplier to determine whether adequate
116	water supplies to serve the new development will be available no
117	later than the anticipated date of issuance by the local
118	government of a certificate of occupancy or its functional
119	equivalent. A local government may meet the concurrency
120	requirement for sanitary sewer through the use of onsite sewage
121	treatment and disposal systems approved by the Department of
122	Health to serve new development.
123	Section 4.  Subsection (3) is added to section 180.03,
124	Florida Statutes, to read:
125	180.03  Resolution or ordinance proposing construction or
126	extension of utility; objections to same.--
127	(3)  For the construction of a new proposed sewerage system
128	or the extension of an existing sewerage system that was not
129	previously approved or not in a designated urban service area,
130	the municipality shall prepare a report that includes a detailed
131	feasibility study that:
132	(a)  Evaluates the present age, condition, and maintenance
133	history of onsite sewage treatment and disposal systems
134	currently in use in the area.
135	(b)  Compares the projected costs to the owner of a typical
136	lot or parcel of connecting to and using the proposed sewerage
137	system versus installing, operating, and properly maintaining an
138	onsite sewage treatment system that is approved by the
139	Department of Health and provides for a level of environmental
140	and health protection comparable to that of the proposed central
141	sewerage system.
142	(c)  Evaluates whether the density required to accommodate
143	onsite sewage treatment and disposal systems would meet the
144	local government's comprehensive plan requirements for density
145	for the area and environmental protection of the area's surface
146	and groundwater.
147	(d)  Considers the local government's obligations or
148	reasonably anticipated obligations for water body cleanup and
149	protection under state or federal programs.
150
151	The report shall be included in the resolution or ordinance
152	required in subsection (1).
153	Section 5.  Paragraphs (c) and (d) are added to subsection
154	(2) of section 381.00655, Florida Statutes, to read:
155	381.00655  Connection of existing onsite sewage treatment
156	and disposal systems to central sewerage system; requirements.--
157	(2)  The provisions of subsection (1) or any other
158	provision of law to the contrary notwithstanding:
159	(c)  The owner of a performance-based onsite sewage
160	treatment and disposal system permitted by the department that
161	provides for treatment meeting advanced secondary treatment
162	standards shall not be required to connect to a publicly owned
163	or investor-owned sewerage system as long as the onsite system
164	is functioning properly and satisfying the conditions of the
165	operating permit.
166	(d)  The requirements of paragraph (c) shall not apply if:
167	1.  The area is clearly subject to an existing sewer
168	utility or authority bond covenant or other financial commitment
169	that expressly provides for and requires connection to the
170	central system and was in effect on July 1, 2006;
171	2.  The area is clearly subject to a state or federal
172	requirement or court order requiring connection to a central
173	sewer system;
174	3.  The area is located in Monroe County;
175	4.  The area is located within a basin containing a water
176	body listed under s. 303(d) of the Clean Water Act, Pub. L. No.
177	99-500, 33 U.S.C. ss. 1251 et seq.; or
178	5.  The area is designated in a local comprehensive plan as
179	an urban service area.
180	Section 6.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.