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The Committee on Environmental Preservation and Conservation

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(Saunders) recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Present subsection (4) of section 373.0361,

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Florida Statutes, is renumbered as subsection (5), a new

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subsection (4) is added and subsequent subsections are renumbered

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to read:

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     373.0361  Regional water supply planning.--

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     (4) The South Florida Water Management District shall

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include in its regional water supply plan water resource and

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water supply development projects that promote the elimination of

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wastewater ocean outfalls as provided in s. 403.086(9).

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     (5)(4) Governing board approval of a regional water supply

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plan shall not be subject to the rulemaking requirements of

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chapter 120. However, any portion of an approved regional water

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supply plan which affects the substantial interests of a party

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shall be subject to s. 120.569.

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     (6)(5) Annually and in conjunction with the reporting

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requirements of s. 373.536(6)(a)4., the department shall submit

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to the Governor and the Legislature a report on the status of

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regional water supply planning in each district. The report shall

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include:

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     (a)  A compilation of the estimated costs of and potential

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sources of funding for water resource development and water

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supply development projects as identified in the water management

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district regional water supply plans.

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     (b)  The percentage and amount, by district, of district ad

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valorem tax revenues or other district funds made available to

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develop alternative water supplies.

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     (c)  A description of each district's progress toward

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achieving its water resource development objectives, including

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the district's implementation of its 5-year water resource

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development work program.

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     (d)  An assessment of the specific progress being made to

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implement each alternative water supply project option chosen by

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the entities and identified for implementation in the plan.

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     (e)  An overall assessment of the progress being made to

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develop water supply in each district, including, but not limited

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to, an explanation of how each project, either alternative or

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traditional, will produce, contribute to, or account for

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additional water being made available for consumptive uses, an

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estimate of the quantity of water to be produced by each project,

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and an assessment of the contribution of the district's regional

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water supply plan in providing sufficient water to meet the needs

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of existing and future reasonable-beneficial uses for a 1-in-10

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year drought event, as well as the needs of the natural systems.

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     (7)(6) Nothing contained in the water supply development

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component of a regional water supply plan shall be construed to

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require local governments, government-owned or privately owned

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water utilities, special districts, self-suppliers, regional

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water supply authorities, multijurisdictional water supply

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entities, or other water suppliers to select a water supply

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development project identified in the component merely because it

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is identified in the plan. Except as provided in s. 373.223(3)

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and (5), the plan may not be used in the review of permits under

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part II unless the plan or an applicable portion thereof has been

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adopted by rule. However, this subsection does not prohibit a

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water management district from employing the data or other

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information used to establish the plan in reviewing permits under

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part II, nor does it limit the authority of the department or

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governing board under part II.

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     (8)(7) Where the water supply component of a water supply

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planning region shows the need for one or more alternative water

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supply projects, the district shall notify the affected local

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governments and make every reasonable effort to educate and

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involve local public officials in working toward solutions in

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conjunction with the districts and, where appropriate, other

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local and regional water supply entities.

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     (a)  Within 6 months following approval or amendment of its

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regional water supply plan, each water management district shall

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notify by certified mail each entity identified in sub-

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subparagraph (2)(a)3.d. of that portion of the plan relevant to

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the entity. Upon request of such an entity, the water management

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district shall appear before and present its findings and

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recommendations to the entity.

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     (b)  Within 1 year after the notification by a water

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management district pursuant to paragraph (a), each entity

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identified in sub-subparagraph (2)(a)3.d. shall provide to the

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water management district written notification of the following:

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the alternative water supply projects or options identified in

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paragraph (2)(a) which it has developed or intends to develop, if

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any; an estimate of the quantity of water to be produced by each

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project; and the status of project implementation, including

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development of the financial plan, facilities master planning,

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permitting, and efforts in coordinating multijurisdictional

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projects, if applicable. The information provided in the

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notification shall be updated annually, and a progress report

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shall be provided by November 15 of each year to the water

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management district. If an entity does not intend to develop one

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or more of the alternative water supply project options

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identified in the regional water supply plan, the entity shall

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propose, within 1 year after notification by a water management

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district pursuant to paragraph (a), another alternative water

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supply project option sufficient to address the needs identified

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in paragraph (2)(a) within the entity's jurisdiction and shall

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provide an estimate of the quantity of water to be produced by

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the project and the status of project implementation as described

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in this paragraph. The entity may request that the water

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management district consider the other project for inclusion in

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the regional water supply plan.

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     (9)(8) For any regional water supply plan that is scheduled

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to be updated before December 31, 2005, the deadline for such

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update shall be extended by 1 year.

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     Section 2.  Subsection (4) of section 373.0831, Florida

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Statutes, is amended to read:

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     373.0831  Water resource development; water supply

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development.--

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     (4)(a)  Water supply development projects which are

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consistent with the relevant regional water supply plans and

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which meet one or more of the following criteria shall receive

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priority consideration for state or water management district

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funding assistance:

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     1.  The project supports establishment of a dependable,

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sustainable supply of water which is not otherwise financially

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feasible;

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     2.  The project provides substantial environmental benefits

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by preventing or limiting adverse water resource impacts, but

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requires funding assistance to be economically competitive with

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other options; or

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     3.  The project significantly implements reuse, storage,

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recharge, or conservation of water in a manner that contributes

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to the sustainability of regional water sources.

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     (b)  Water supply development projects which meet the

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criteria in paragraph (a) and which meet one or more of the

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following additional criteria also bring about replacement of

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existing sources in order to help implement a minimum flow or

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level shall be given first consideration for state or water

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management district funding assistance.

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     1. The project brings about replacement of existing sources

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in order to help implement a minimum flow or level; or

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     2. The project implements reuse that assists in the

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elimination of domestic wastewater ocean outfalls as provided in

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s. 403.086(9).

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     Section 3.  Paragraph (f) of subsection (3) of section

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373.1961, Florida Statutes, is amended to read:

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     373.1961  Water production; general powers and duties;

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identification of needs; funding criteria; economic incentives;

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reuse funding.--

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     (3)  FUNDING.--

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     (f)  The governing boards shall determine those projects

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that will be selected for financial assistance. The governing

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boards may establish factors to determine project funding;

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however, significant weight shall be given to the following

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factors:

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     1.  Whether the project provides substantial environmental

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benefits by preventing or limiting adverse water resource

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impacts.

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     2.  Whether the project reduces competition for water

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supplies.

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     3.  Whether the project brings about replacement of

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traditional sources in order to help implement a minimum flow or

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level or a reservation.

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     4.  Whether the project will be implemented by a consumptive

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use permittee that has achieved the targets contained in a goal-

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based water conservation program approved pursuant to s. 373.227.

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     5.  The quantity of water supplied by the project as

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compared to its cost.

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     6.  Projects in which the construction and delivery to end

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users of reuse water is a major component.

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     7.  Whether the project will be implemented by a

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multijurisdictional water supply entity or regional water supply

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authority.

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     8. Whether the project implements reuse that assists in the

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elimination of domestic wastewater ocean outfalls as provided in

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s. 403.086(9).

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     Section 4.  Subsection (2) of section 373.250, Florida

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Statutes, is amended to read:

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     373.250  Reuse of reclaimed water.--

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     (2)(a)  For purposes of this section, "uncommitted" means

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the average amount of reclaimed water produced during the three

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lowest-flow months minus the amount of reclaimed water that a

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reclaimed water provider is contractually obligated to provide to

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a customer or user.

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     (b)  Reclaimed water may be presumed available to a

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consumptive use permit applicant when a utility exists which

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provides reclaimed water, which has uncommitted reclaimed water

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capacity, and which has distribution facilities, which are

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initially provided by the utility at its cost, to the site of the

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affected applicant's proposed use.

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     (c)  A water management district may require the use of

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reclaimed water in lieu of surface water or groundwater when the

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use of uncommitted reclaimed water is environmentally,

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economically, and technically feasible and of such quality and

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reliability as is necessary to the user. However, this paragraph

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does not authorize a water management district to require a

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provider of reclaimed water to redirect reclaimed water from one

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user to another or to provide uncommitted water to a specific

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user if such water is anticipated to be used by the provider, or

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a different user selected by the provider, within a reasonable

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amount of time.

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     (d) The South Florida Water Management District shall

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require the use of reclaimed water made available by the

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elimination of wastewater ocean outfall discharges as provided

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for in Subsection 403.086(9) in lieu of surface water or

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groundwater when the use of uncommitted reclaimed water is

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environmentally, economically, and technically feasible and of

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such quality and reliability as is necessary to the user. Such

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reclaimed water may also be required in lieu of other alternative

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sources. In determining whether or not to require such reclaimed

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water in lieu of other alternative sources, the water management

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district shall consider existing infrastructure investments in

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place or obligated to be constructed by an executed contract or

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similar binding agreement as of July 1, 2011 for the development

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of other alternative sources.

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     Section 5.  Subsection (1), subsection (2) of section

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403.085, Florida Statutes, are amended to read:

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     403.085  Sanitary sewage disposal units; advanced and

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secondary waste treatment; industrial waste, ocean outfall,

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inland outfall, or disposal well waste treatment.--

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     (1)  Neither the Department of Health nor any other state

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agency, county, special district, or municipality shall approve

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construction of any ocean outfall or disposal well for sanitary

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sewage disposal which does not provide for secondary waste

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treatment and, in addition thereto, advanced waste treatment as

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deemed necessary and ordered by the department.

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     (2)  Sanitary sewage disposal treatment plants which

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discharge effluent through ocean outfalls or disposal wells shall

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provide for secondary waste treatment and, in addition thereto,

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advanced waste treatment as deemed necessary and ordered by the

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former Department of Environmental Protection Regulation. Failure

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to conform shall be punishable by a fine of $500 for each 24-hour

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day or fraction thereof that such failure is allowed to continue

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thereafter.

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     Section 6.  Subsection (9) is added to section 403.086,

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Florida Statutes, to read:

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     403.086  Sewage disposal facilities; advanced and secondary

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waste treatment.--

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     (9) The legislature finds that the discharge of domestic

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wastewater through ocean outfalls wastes valuable water supplies

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that should be reclaimed for beneficial purposes to meet public

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and natural systems demands; the legislature also finds that

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discharge of domestic wastewater through ocean outfalls

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compromises the coastal environment and quality of life and local

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economies that depend on those resources. The legislature

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declares that more stringent treatment and management

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requirements for such domestic wastewater and the subsequent,

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timely elimination of ocean outfalls as a primary means of

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domestic wastewater discharge are in the public interest.

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(a) The construction of new ocean outfalls for domestic

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wastewater discharge and the expansion of existing ocean outfalls

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for this purpose, along with associated pumping and piping

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systems, are prohibited. Each domestic wastewater ocean outfall

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shall be limited to the discharge capacity specified in the

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department permit authorizing the outfall in effect on July 1,

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2008, which discharge capacity shall not be increased.

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Maintenance of existing, department-authorized domestic

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wastewater ocean outfalls and associated pumping and piping

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systems is allowed, subject to the requirements of this section.

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The department is directed to work with the U.S. Environmental

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Protection Agency to assure that the requirements of this

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subsection are implemented consistently for all domestic

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wastewater facilities in Florida that discharge through ocean

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outfalls.

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(b) The discharge of domestic wastewater through ocean

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outfalls shall meet advanced wastewater treatment and management

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requirements no later than December 31, 2018. For the purposes

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of this subsection advanced wastewater treatment and management

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requirements shall mean either (i) the advanced waste treatment

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requirements set forth in subsection (4), or (ii) a reduction in

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outfall baseline loadings of total nitrogen and total phosphorus

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that is equivalent to that which would be achieved by the

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advanced waste treatment requirements in subsection (4). The

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Department shall establish the average baseline loadings of total

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nitrogen and total phosphorus for each outfall using monitoring

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data available for calendar years 2003 through 2007 and shall

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establish required loading reductions based on this baseline.

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The baseline loadings and required loading reductions of total

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nitrogen and total phosphorus shall be expressed as an average

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annual daily loading value. The advanced wastewater treatment

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and management requirements of this paragraph shall be deemed to

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be met for any domestic wastewater facility discharging through

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an ocean outfall on July 1, 2008 that has installed no later than

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December 31, 2018, a fully operational reuse system comprising

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100 percent of the facility's annual average daily for reuse

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activities authorized by the department.

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(c) Each domestic wastewater facility that discharges

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through an ocean outfall on July 1, 2008 shall install a

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functioning reuse system no later than December 31, 2025. For

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the purposes of this subsection a functioning reuse system means

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an environmentally, economically, and technically feasible system

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that provides a minimum of 60 percent of the facility's actual

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flow on an annual basis for irrigation of public access areas,

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residential properties, or agricultural crops; ground water

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recharge; industrial cooling; or other acceptable reuse purposes

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authorized by the department. Diversion of flows from these

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facilities to other facilities that provide 100 percent reuse of

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the diverted flows prior to December 31, 2025 shall be considered

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to contribute to meeting the 60 percent reuse requirement. For

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utilities operating more than one outfall, the reuse requirement

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can be met if the combined actual reuse flows from facilities

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served by the outfalls is at least 60 percent of the sum of the

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total actual flows from these facilities, including flows

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diverted to other facilities for 100 percent reuse prior to

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December 31, 2025. In the event treatment in addition to the

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advanced wastewater treatment and management requirements

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described in paragraph (b) is needed in order to support a

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functioning reuse system, such treatment shall be fully

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operational no later than December 31, 2025.

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(d) The discharge of domestic wastewater through ocean

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outfalls is prohibited after December 31, 2025, except as a

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backup discharge that is part of a functioning reuse system

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authorized by the department as provided for in paragraph (c).

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A backup discharge may only occur during periods of reduced

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demand for reclaimed water in the reuse system, such as periods

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of wet weather, and shall comply with the advanced wastewater

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treatment and management requirements of paragraph (b).

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(e) The holder of a department permit authorizing the

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discharge of domestic wastewater through an ocean outfall as of

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July 1, 2008 shall submit to the Secretary of the department, the

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following:

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1. A detailed plan to meet the requirements of this

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subsection, including an identification of all land acquisition

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and facilities necessary to provide for reuse of the domestic

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wastewater; an analysis of the costs to meet the requirements;

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and a financing plan for meeting the requirements, including

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identifying any actions necessary to implement the financing

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plan, such as bond issuance or other borrowing, assessments, rate

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increases, fees, other charges, or other financing mechanisms.

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The plan shall include a detailed schedule for the completion of

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all necessary actions and shall be accompanied by supporting data

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and other documentation. The plan shall be submitted no later

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than July 1, 2013.

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2. No later than July 1, 2016, an update of the plan

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required in paragraph 1. documenting any refinements or changes

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in the costs, actions or financing necessary to eliminate the

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ocean outfall discharge in accordance with this subsection or a

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written statement that the plan is current and accurate.

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(f) By December 31, 2009, and by December 31 every five

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years thereafter, the holder of a department permit authorizing

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the discharge of domestic wastewater through an ocean outfall

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shall submit to the Secretary of the department a report

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summarizing the actions accomplished to date and the actions

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remaining and proposed to meet the requirements of this

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subsection, including progress toward meeting the specific

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deadlines set forth in paragraphs (b) through (e). The report

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shall include the detailed schedule for and status of the

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evaluation of reuse and disposal options, preparation of

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preliminary design reports, preparation and submittal of permit

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applications, construction initiation, construction progress

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milestones, construction completion, initiation of operation, and

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continuing operation and maintenance.

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(g) No later than July 1, 2010, and by July 1 every five

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years thereafter, the department shall submit a report to the

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Governor, the President of the Senate and the Speaker of the

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House of Representatives on the implementation of this

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subsection. The report shall summarize progress to date,

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including the increased amount of reclaimed water provided and

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potable water offsets achieved, and identify any obstacles to

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continued progress, including all instances of substantial

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noncompliance.

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(h) The renewal of each permit that authorizes the

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discharge of domestic wastewater through an ocean outfall as of

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July 1, 2008 shall be accompanied by an order in accordance with

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paragraphs 403.088(2)(e) and (f) that establishes an enforceable

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compliance schedule consistent with the requirements of this

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subsection.

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     Section 7.  Subsection (7) of section 403.1835, Florida

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Statutes, is amended to read:

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     403.1835  Water pollution control financial assistance.--

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     (7)  Eligible projects must be given priority according to

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the extent each project is intended to remove, mitigate, or

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prevent adverse effects on surface or ground water quality and

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public health. The relative costs of achieving environmental and

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public health benefits must be taken into consideration during

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the department's assignment of project priorities. The department

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shall adopt a priority system by rule. In developing the priority

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system, the department shall give priority to projects that:

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     (a)  Eliminate public health hazards;

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     (b)  Enable compliance with laws requiring the elimination

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of discharges to specific water bodies, including the

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requirements of s. 403.086(9) regarding domestic wastewater ocean

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outfalls;

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     (c)  Assist in the implementation of total maximum daily

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loads adopted under s. 403.067;

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     (d)  Enable compliance with other pollution control

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requirements, including, but not limited to, toxics control,

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wastewater residuals management, and reduction of nutrients and

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bacteria;

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     (e)  Assist in the implementation of surface water

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improvement and management plans and pollutant load reduction

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goals developed under state water policy;

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     (f)  Promote reclaimed water reuse;

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     (g)  Eliminate failing onsite sewage treatment and disposal

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systems or those that are causing environmental damage; or

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     (h)  Reduce pollutants to and otherwise promote the

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restoration of Florida's surface and ground waters.

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     Section 8.  This act shall take effect July 1, 2008.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to wastewater disposal; amending s.

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373.0361, F.S.; relating to regional water supply

398

planning; requiring the South Florida Water Management

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District to include water supply development projects that

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promote the elimination of ocean outfalls in its regional

401

water supply plan; amending s. 373.0831, F.S.; relating to

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water resource and supply development; providing that

403

projects which implement reuse as a means of eliminating

404

ocean outfalls receive priority funding consideration;

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amending s. 373.1961, F.S.; relating to funding for water

406

supply projects; providing priority funding for projects

407

that implement reuse that assists with the elimination of

408

ocean outfalls; amending s. 373.250, F.S.; relating to the

409

reuse of reclaimed water; directing the South Florida

410

Water Management District to require the use of reclaimed

411

water made available through the elimination of ocean

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outfalls under certain conditions; amending s. 403.085,

413

F.S.; relating to waste water treatment; prohibiting the

414

construction of new ocean outfalls; prohibiting the use of

415

ocean outfalls as a method of sanitary sewage disposal;

416

amending s. 403.086, F.S.; relating the treatment of

417

wastewater; providing legislative intent; prohibiting the

418

new construction of an expanded discharge to ocean

419

outfalls; providing that domestic wastewater discharges to

420

ocean outfalls meet advanced wastewater treatment and

421

management requirements by a date certain; providing an

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exemption from meeting advanced wastewater treatment and

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management requirements under specific conditions;

424

providing wastewater reuse requirements for facilities

425

that discharge through ocean outfalls by a date certain;

426

providing prohibitions for the discharge of domestic

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wastewater through ocean outfalls under specific

428

conditions by a date certain; providing reporting

429

requirements for permitted ocean outfall facilities;

430

providing reporting requirements for the Department of

431

Environmental Protection; providing a compliance schedule

432

for facilities discharging through ocean outfalls;

433

amending s. 403.1835, F.S.; relating to water pollution

434

control financial assistance; providing for the inclusion

435

of domestic wastewater ocean outfalls in laws requiring

436

the elimination of discharges to specific water bodies;

437

providing an effective date.

3/18/2008  12:26:00 PM     EP.EP.05211