Florida Senate - 2015              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 714
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on General Government)
    1                        A bill to be entitled                      
    2         An act relating to environmental control; amending s.
    3         373.227, F.S.; prohibiting water management districts
    4         from modifying permitted allocation amounts under
    5         certain circumstances; requiring water management
    6         districts to adopt rules to promote water conservation
    7         incentives; amending s. 373.323, F.S.; revising
    8         eligibility requirements for taking the water well
    9         contractor licensure examination; amending s. 373.467,
   10         F.S.; revising the qualifications for membership on
   11         the Harris Chain of Lakes Restoration Council;
   12         authorizing the Lake County legislative delegation to
   13         waive such membership qualifications for good cause;
   14         providing for council vacancies; amending s. 373.705,
   15         F.S.; requiring water management districts to promote
   16         expanded cost-share criteria for additional
   17         conservation practices; amending s. 378.209, F.S.;
   18         excluding clay settling areas from reclamation rate
   19         requirements under certain circumstances; amending s.
   20         403.067, F.S.; authorizing land set-asides and land
   21         use modifications that reduce nutrient loads into
   22         nutrient-impaired surface waters to be used under the
   23         water quality credit trading program; amending s.
   24         403.201, F.S.; providing applicability of prohibited
   25         variances relating to certain discharges of waste;
   26         amending s. 403.709, F.S.; establishing a solid waste
   27         landfill closure account within the Solid Waste
   28         Management Trust Fund to be used for specified
   29         purposes; providing for the deposit of certain funds
   30         into the account; providing an appropriation; amending
   31         s. 403.713, F.S.; providing a limit on the exercise of
   32         flow control authority for landfill gas-to-energy
   33         facilities; reenacting s. 373.414(17), F.S., relating
   34         to additional criteria for activities in surface
   35         waters and wetlands, to incorporate the amendment made
   36         to s. 403.201, F.S.; providing an effective date.
   38  Be It Enacted by the Legislature of the State of Florida:
   40         Section 1. Present subsection (5) of section 373.227,
   41  Florida Statutes, is redesignated as subsection (7), and a new
   42  subsection (5) and a subsection (6) are added to that section,
   43  to read:
   44         373.227 Water conservation; legislative findings and
   45  intent; objectives; comprehensive statewide water conservation
   46  program requirements.—
   47         (5) In order to incentivize water conservation, if actual
   48  water use is less than permitted water use due to documented
   49  implementation of water conservation measures beyond those
   50  required in the consumptive use permit, including, but not
   51  limited to, those measures identified in best management
   52  practices pursuant to s. 570.93, the permitted allocation may
   53  not be modified solely due to such water conservation during the
   54  term of the permit. In order to promote water conservation and
   55  the implementation of measures that produce significant water
   56  savings beyond what is required in a consumptive use permit,
   57  each water management district shall adopt rules providing water
   58  conservation incentives, which may include permit extensions.
   59         (6) For consumptive use permits for agricultural
   60  irrigation, if actual water use is less than permitted water use
   61  due to weather events, crop diseases, nursery stock
   62  availability, market conditions, or changes in crop type, a
   63  district may not, as a result, reduce permitted allocation
   64  amounts during the term of the permit.
   65         Section 2. Paragraph (b) of subsection (3) of section
   66  373.323, Florida Statutes, is amended to read:
   67         373.323 Licensure of water well contractors; application,
   68  qualifications, and examinations; equipment identification.—
   69         (3) An applicant who meets the following requirements shall
   70  be entitled to take the water well contractor licensure
   71  examination:
   72         (b) Has at least 2 years of experience in constructing,
   73  repairing, or abandoning water wells. Satisfactory proof of such
   74  experience shall be demonstrated by providing:
   75         1. Evidence of the length of time the applicant has been
   76  engaged in the business of the construction, repair, or
   77  abandonment of water wells as a major activity, as attested to
   78  by a letter from a water well contractor or and a letter from a
   79  water well inspector employed by a governmental agency.
   80         2. A list of at least 10 water wells that the applicant has
   81  constructed, repaired, or abandoned within the preceding 5
   82  years. Of these wells, at least seven must have been
   83  constructed, as defined in s. 373.303(2), by the applicant. The
   84  list shall also include:
   85         a. The name and address of the owner or owners of each
   86  well.
   87         b. The location, primary use, and approximate depth and
   88  diameter of each well that the applicant has constructed,
   89  repaired, or abandoned.
   90         c. The approximate date the construction, repair, or
   91  abandonment of each well was completed.
   92         Section 3. Paragraph (a) of subsection (1) and subsection
   93  (3) of section 373.467, Florida Statutes, are amended, to read:
   94         373.467 The Harris Chain of Lakes Restoration Council.
   95  There is created within the St. Johns River Water Management
   96  District, with assistance from the Fish and Wildlife
   97  Conservation Commission and the Lake County Water Authority, the
   98  Harris Chain of Lakes Restoration Council.
   99         (1)(a) The council shall consist of nine voting members,
  100  which shall include: a representative of waterfront property
  101  owners, a representative of the sport fishing industry, a person
  102  with experience in an environmental science or regulation
  103  engineer, a person with training in biology or another
  104  scientific discipline, a person with training as an attorney, a
  105  physician, a person with training as an engineer, and two
  106  residents of the county who are do not required to meet any
  107  additional of the other qualifications for membership enumerated
  108  in this paragraph, each to be appointed by the Lake County
  109  legislative delegation. The Lake County legislative delegation
  110  may waive the qualifications for membership on a case-by-case
  111  basis if good cause is shown. A No person serving on the council
  112  may not be appointed to a council, board, or commission of any
  113  council advisory group agency. The council members shall serve
  114  as advisors to the governing board of the St. Johns River Water
  115  Management District. The council is subject to the provisions of
  116  chapters 119 and 120.
  117         (3) The council shall meet at the call of its chair, at the
  118  request of six of its members, or at the request of the chair of
  119  the governing board of the St. Johns River Water Management
  120  District. Resignation by a council member, or failure by a
  121  council member to attend three consecutive meetings without an
  122  excuse approved by the chair, results in a vacancy on the
  123  council.
  124         Section 4. Subsection (5) is added to section 373.705,
  125  Florida Statutes, to read:
  126         373.705 Water resource development; water supply
  127  development.—
  128         (5) The water management districts shall promote expanded
  129  cost-share criteria for additional conservation practices, such
  130  as soil and moisture sensors and other irrigation improvements,
  131  water-saving equipment, water-saving household fixtures, and
  132  software technologies that can achieve verifiable water
  133  conservation by providing water use information to utility
  134  customers.
  135         Section 5. Subsection (4) is added to section 378.209,
  136  Florida Statutes, to read:
  137         378.209 Timing of reclamation.—
  138         (4) The rate of reclamation requirements in paragraphs
  139  (1)(a)-(e) and the requirements of s. 378.208 do not apply to
  140  constructed clay settling areas where its beneficial use has
  141  been extended.
  142         Section 6. Paragraph (i) is added to subsection (8) of
  143  section 403.067, Florida Statutes, to read:
  144         403.067 Establishment and implementation of total maximum
  145  daily loads.—
  147         (i)Land set-asides and land-use modifications not
  148  otherwise required by state law or a permit, including
  149  constructed wetlands and other water quality improvement
  150  projects that reduce nutrient loads into nutrient-impaired
  151  surface waters, may be used under this subsection.
  152         Section 7. Subsection (2) of section 403.201, Florida
  153  Statutes, is amended to read:
  154         403.201 Variances.—
  155         (2) A No variance may not shall be granted from any
  156  provision or requirement concerning discharges of waste into
  157  waters of the state or hazardous waste management which would
  158  result in the provision or requirement being less stringent than
  159  a comparable federal provision or requirement, except as
  160  provided in s. 403.70715. However, this subsection does not
  161  prohibit the issuance of moderating provisions or requirements
  162  under state law, subject to any necessary approval by the United
  163  States Environmental Protection Agency.
  164         Section 8. Subsection (5) is added to section 403.709,
  165  Florida Statutes, to read:
  166         403.709 Solid Waste Management Trust Fund; use of waste
  167  tire fees.—There is created the Solid Waste Management Trust
  168  Fund, to be administered by the department.
  169         (5)(a) Notwithstanding subsection (1), a solid waste
  170  landfill closure account is established within the Solid Waste
  171  Management Trust Fund to provide funding for the closing and
  172  long-term care of solid waste management facilities. The
  173  department may use funds from the account to contract with a
  174  third party for the closing and long-term care of a solid waste
  175  management facility if:
  176         1. The facility operates or operated under a department
  177  permit;
  178         2. The permittee provides proof of financial assurance for
  179  closure in the form of an insurance certificate;
  180         3. The facility is deemed to be abandoned or was ordered to
  181  be closed by the department;
  182         4. Closure is accomplished in substantial accordance with a
  183  closure plan approved by the department; and
  184         5. The department has written documentation that the
  185  insurance company issuing the closure insurance policy will
  186  provide or reimburse the funds required to complete closing and
  187  long-term care of the facility.
  188         (b) The department shall deposit funds received from an
  189  insurance company as reimbursement for the costs of closing or
  190  long-term care of the facility into the solid waste landfill
  191  closure account.
  192         Section 9. For the 2015-2016 fiscal year, the sum of
  193  $2,339,764 in nonrecurring funds from the Solid Waste Management
  194  Trust Fund in the Fixed Capital Outlay-Agency Managed-Closing
  195  and Long-Term Care of Solid Waste Management Facilities
  196  appropriation category is appropriated to the Department of
  197  Environmental Protection for the closing and long-term care of
  198  solid waste management facilities pursuant to s. 403.709(5),
  199  Florida Statutes.
  200         Section 10. Subsection (3) is added to section 403.713,
  201  Florida Statutes, to read:
  202         403.713 Ownership and control of solid waste and recovered
  203  materials.—
  204         (3) For the purposes of exercising flow control authority
  205  under this section, a resource recovery facility does not
  206  include a landfill gas-to-energy system or facility.
  207         Section 11. For the purpose of incorporating the amendment
  208  made by this act to section 403.201, Florida Statutes, in a
  209  reference thereto, subsection (17) of section 373.414, Florida
  210  Statutes, is reenacted to read:
  211         373.414 Additional criteria for activities in surface
  212  waters and wetlands.—
  213         (17) The variance provisions of s. 403.201 are applicable
  214  to the provisions of this section or any rule adopted pursuant
  215  to this section. The governing boards and the department are
  216  authorized to review and take final agency action on petitions
  217  requesting such variances for those activities they regulate
  218  under this part and s. 373.4145.
  219         Section 12. This act shall take effect July 1, 2015.