Florida Senate - 2015                              CS for SB 714
       By the Committee on Environmental Preservation and Conservation;
       and Senator Grimsley
       592-03757A-15                                          2015714c1
    1                        A bill to be entitled                      
    2         An act relating to environmental control; amending s.
    3         373.467, F.S.; revising the qualifications for
    4         membership on the Harris Chain of Lakes Restoration
    5         Council; authorizing the Lake County legislative
    6         delegation to waive such membership qualifications for
    7         good cause; providing for council vacancies; amending
    8         s. 403.067, F.S.; authorizing land set-asides and
    9         land-use modifications that reduce nutrient loads into
   10         nutrient-impaired surface waters to be used under the
   11         water quality credit trading program; amending s.
   12         403.201, F.S.; providing applicability of prohibited
   13         variances relating to certain discharges of waste;
   14         amending s. 403.709, F.S.; establishing a solid waste
   15         landfill closure account within the Solid Waste
   16         Management Trust Fund to be used for specified
   17         purposes; providing for the deposit of certain funds
   18         into the account; reenacting s. 373.414(17), F.S.,
   19         relating to additional criteria for activities in
   20         surface waters and wetlands, to incorporate the
   21         amendment made to s. 403.201, F.S.; providing an
   22         effective date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. Paragraph (a) of subsection (1) and subsection
   27  (3) of section 373.467, Florida Statutes, are amended, to read:
   28         373.467 The Harris Chain of Lakes Restoration Council.
   29  There is created within the St. Johns River Water Management
   30  District, with assistance from the Fish and Wildlife
   31  Conservation Commission and the Lake County Water Authority, the
   32  Harris Chain of Lakes Restoration Council.
   33         (1)(a) The council shall consist of nine voting members,
   34  which shall include: a representative of waterfront property
   35  owners, a representative of the sport fishing industry, a person
   36  with experience in an environmental science or regulation
   37  engineer, a person with training in biology or another
   38  scientific discipline, a person with training as an attorney, a
   39  physician, a person with training as an engineer, and two
   40  residents of the county who are do not required to meet any
   41  additional of the other qualifications for membership enumerated
   42  in this paragraph, each to be appointed by the Lake County
   43  legislative delegation. The Lake County legislative delegation
   44  may waive the qualifications for membership on a case-by-case
   45  basis if good cause is shown. A No person serving on the council
   46  may not be appointed to a council, board, or commission of any
   47  council advisory group agency. The council members shall serve
   48  as advisors to the governing board of the St. Johns River Water
   49  Management District. The council is subject to the provisions of
   50  chapters 119 and 120.
   51         (3) The council shall meet at the call of its chair, at the
   52  request of six of its members, or at the request of the chair of
   53  the governing board of the St. Johns River Water Management
   54  District. Resignation by a council member, or failure by a
   55  council member to attend three consecutive meetings without an
   56  excuse approved by the chair, results in a vacancy on the
   57  council.
   58         Section 2. Paragraph (i) is added to subsection (8) of
   59  section 403.067, Florida Statutes, to read:
   60         403.067 Establishment and implementation of total maximum
   61  daily loads.—
   63         (i)Land set-asides and land-use modifications not
   64  otherwise required by state law or a permit, including
   65  constructed wetlands and other water quality improvement
   66  projects that reduce nutrient loads into nutrient-impaired
   67  surface waters, may be used under this subsection.
   68         Section 3. Subsection (2) of section 403.201, Florida
   69  Statutes, is amended to read:
   70         403.201 Variances.—
   71         (2) A No variance may not shall be granted from any
   72  provision or requirement concerning discharges of waste into
   73  waters of the state or hazardous waste management which would
   74  result in the provision or requirement being less stringent than
   75  a comparable federal provision or requirement, except as
   76  provided in s. 403.70715. However, this subsection does not
   77  prohibit the issuance of moderating provisions or requirements
   78  under state law, subject to any necessary approval by the United
   79  States Environmental Protection Agency.
   80         Section 4. Subsection (5) is added to section 403.709,
   81  Florida Statutes, to read:
   82         403.709 Solid Waste Management Trust Fund; use of waste
   83  tire fees.—There is created the Solid Waste Management Trust
   84  Fund, to be administered by the department.
   85         (5)(a) Notwithstanding subsection (1), a solid waste
   86  landfill closure account is established within the Solid Waste
   87  Management Trust Fund to provide funding for the closing and
   88  long-term care of solid waste management facilities. The
   89  department may use funds from the account to contract with a
   90  third party for the closing and long-term care of a solid waste
   91  management facility if:
   92         1. The facility operates or operated under a department
   93  permit;
   94         2. The permittee provides proof of financial assurance for
   95  closure in the form of an insurance certificate;
   96         3. The facility is deemed to be abandoned or was ordered to
   97  be closed by the department;
   98         4. Closure is accomplished in substantial accordance with a
   99  closure plan approved by the department; and
  100         5. The department has written documentation that the
  101  insurance company issuing the closure insurance policy will
  102  provide or reimburse the funds required to complete closing and
  103  long-term care of the facility.
  104         (b) The department shall deposit funds received from an
  105  insurance company as reimbursement for the costs of closing or
  106  long-term care of the facility into the solid waste landfill
  107  closure account.
  108         Section 5. For the purpose of incorporating the amendment
  109  made by this act to section 403.201, Florida Statutes, in a
  110  reference thereto, subsection (17) of section 373.414, Florida
  111  Statutes, is reenacted to read:
  112         373.414 Additional criteria for activities in surface
  113  waters and wetlands.—
  114         (17) The variance provisions of s. 403.201 are applicable
  115  to the provisions of this section or any rule adopted pursuant
  116  to this section. The governing boards and the department are
  117  authorized to review and take final agency action on petitions
  118  requesting such variances for those activities they regulate
  119  under this part and s. 373.4145.
  120         Section 6. This act shall take effect July 1, 2015.