Florida Senate - 2015                       CS for CS for SB 714
       By the Committees on Appropriations; and Environmental
       Preservation and Conservation; and Senators Grimsley and Gaetz
       576-04515-15                                           2015714c2
    1                        A bill to be entitled                      
    2         An act relating to environmental control; amending s.
    3         20.255, F.S.; revising the organizational structure of
    4         the Department of Environmental Protection; amending
    5         s. 373.227, F.S.; prohibiting water management
    6         districts from modifying permitted allocation amounts
    7         under certain circumstances; requiring water
    8         management districts to adopt rules to promote water
    9         conservation incentives; amending s. 373.323, F.S.;
   10         revising eligibility requirements for taking the water
   11         well contractor licensure examination; amending s.
   12         373.467, F.S.; revising the qualifications for
   13         membership on the Harris Chain of Lakes Restoration
   14         Council; authorizing the Lake County legislative
   15         delegation to waive such membership qualifications for
   16         good cause; providing for council vacancies; amending
   17         s. 373.705, F.S.; requiring water management districts
   18         to promote expanded cost-share criteria for additional
   19         conservation practices; amending s. 378.209, F.S.;
   20         excluding clay settling areas from reclamation rate
   21         requirements under certain circumstances; amending s.
   22         403.067, F.S.; authorizing land set-asides and land
   23         use modifications that reduce nutrient loads into
   24         nutrient-impaired surface waters to be used under the
   25         water quality credit trading program; amending s.
   26         403.201, F.S.; providing applicability of prohibited
   27         variances relating to certain discharges of waste;
   28         amending s. 403.709, F.S.; establishing a solid waste
   29         landfill closure account within the Solid Waste
   30         Management Trust Fund to be used for specified
   31         purposes; providing for the deposit of certain funds
   32         into the account; providing an appropriation; amending
   33         s. 403.713, F.S.; providing a limit on the exercise of
   34         flow control authority for landfill gas-to-energy
   35         facilities; reenacting s. 373.414(17), F.S., relating
   36         to additional criteria for activities in surface
   37         waters and wetlands, to incorporate the amendment made
   38         to s. 403.201, F.S.; providing an effective date.
   40  Be It Enacted by the Legislature of the State of Florida:
   42         Section 1. Paragraph (a) of subsection (2) and subsection
   43  (3) of section 20.255, Florida Statutes, are amended to read:
   44         20.255 Department of Environmental Protection.—There is
   45  created a Department of Environmental Protection.
   46         (2)(a) There shall be three deputy secretaries who are to
   47  be appointed by and shall serve at the pleasure of the
   48  secretary. The secretary may assign any deputy secretary the
   49  responsibility to supervise, coordinate, and formulate policy
   50  for any division, office, or district. The following special
   51  offices are established and headed by managers, each of whom is
   52  to be appointed by and serve at the pleasure of the secretary:
   53         1. Office of Chief of Staff;
   54         2. Office of General Counsel;
   55         3. Office of Technology and Information Services Inspector
   56  General;
   57         4. Office of External Affairs;
   58         5. Office of Legislative Affairs;
   59         6. Office of Operations Intergovernmental Programs; and
   60         7. Florida Coastal Office; of Greenways and Trails.
   61         8. Office of Preparedness and of Emergency Response;.
   62         9. Office of the Florida Geological Survey; and
   63         10. Office of Inspector General. The Inspector General is
   64  to be appointed by the Chief Inspector General of the Governor’s
   65  office and is subject to the general supervision of the
   66  secretary.
   68  The managers of all divisions and offices specifically named in
   69  this section and the directors of the six administrative
   70  districts are exempt from part II of chapter 110 and are
   71  included in the Senior Management Service in accordance with s.
   72  110.205(2)(j).
   73         (3) The following divisions of the Department of
   74  Environmental Protection are established:
   75         (a) Division of Administrative Services.
   76         (b) Division of Air Resource Management.
   77         (c) Division of Water Resource Management.
   78         (d) Division of Environmental Assessment and Restoration.
   79         (e) Division of Waste Management.
   80         (f) Division of Recreation and Parks.
   81         (g) Division of State Lands, the director of which is to be
   82  appointed by the secretary of the department, subject to
   83  confirmation by the Governor and Cabinet sitting as the Board of
   84  Trustees of the Internal Improvement Trust Fund.
   85         (h) Division of Water Restoration Assistance.
   87  In order to ensure statewide and intradepartmental consistency,
   88  the department’s divisions shall direct the district offices and
   89  bureaus on matters of interpretation and applicability of the
   90  department’s rules and programs.
   91         Section 2. Present subsection (5) of section 373.227,
   92  Florida Statutes, is redesignated as subsection (7), and a new
   93  subsection (5) and a subsection (6) are added to that section,
   94  to read:
   95         373.227 Water conservation; legislative findings and
   96  intent; objectives; comprehensive statewide water conservation
   97  program requirements.—
   98         (5) In order to incentivize water conservation, if actual
   99  water use is less than permitted water use due to documented
  100  implementation of water conservation measures beyond those
  101  required in the consumptive use permit, including, but not
  102  limited to, those measures identified in best management
  103  practices pursuant to s. 570.93, the permitted allocation may
  104  not be modified solely due to such water conservation during the
  105  term of the permit. In order to promote water conservation and
  106  the implementation of measures that produce significant water
  107  savings beyond what is required in a consumptive use permit,
  108  each water management district shall adopt rules providing water
  109  conservation incentives, which may include permit extensions.
  110         (6) For consumptive use permits for agricultural
  111  irrigation, if actual water use is less than permitted water use
  112  due to weather events, crop diseases, nursery stock
  113  availability, market conditions, or changes in crop type, a
  114  district may not, as a result, reduce permitted allocation
  115  amounts during the term of the permit.
  116         Section 3. Paragraph (b) of subsection (3) of section
  117  373.323, Florida Statutes, is amended to read:
  118         373.323 Licensure of water well contractors; application,
  119  qualifications, and examinations; equipment identification.—
  120         (3) An applicant who meets the following requirements shall
  121  be entitled to take the water well contractor licensure
  122  examination:
  123         (b) Has at least 2 years of experience in constructing,
  124  repairing, or abandoning water wells. Satisfactory proof of such
  125  experience shall be demonstrated by providing:
  126         1. Evidence of the length of time the applicant has been
  127  engaged in the business of the construction, repair, or
  128  abandonment of water wells as a major activity, as attested to
  129  by a letter from a water well contractor or and a letter from a
  130  water well inspector employed by a governmental agency.
  131         2. A list of at least 10 water wells that the applicant has
  132  constructed, repaired, or abandoned within the preceding 5
  133  years. Of these wells, at least seven must have been
  134  constructed, as defined in s. 373.303(2), by the applicant. The
  135  list shall also include:
  136         a. The name and address of the owner or owners of each
  137  well.
  138         b. The location, primary use, and approximate depth and
  139  diameter of each well that the applicant has constructed,
  140  repaired, or abandoned.
  141         c. The approximate date the construction, repair, or
  142  abandonment of each well was completed.
  143         Section 4. Paragraph (a) of subsection (1) and subsection
  144  (3) of section 373.467, Florida Statutes, are amended, to read:
  145         373.467 The Harris Chain of Lakes Restoration Council.
  146  There is created within the St. Johns River Water Management
  147  District, with assistance from the Fish and Wildlife
  148  Conservation Commission and the Lake County Water Authority, the
  149  Harris Chain of Lakes Restoration Council.
  150         (1)(a) The council shall consist of nine voting members,
  151  which shall include: a representative of waterfront property
  152  owners, a representative of the sport fishing industry, a person
  153  with experience in an environmental science or regulation
  154  engineer, a person with training in biology or another
  155  scientific discipline, a person with training as an attorney, a
  156  physician, a person with training as an engineer, and two
  157  residents of the county who are do not required to meet any
  158  additional of the other qualifications for membership enumerated
  159  in this paragraph, each to be appointed by the Lake County
  160  legislative delegation. The Lake County legislative delegation
  161  may waive the qualifications for membership on a case-by-case
  162  basis if good cause is shown. A No person serving on the council
  163  may not be appointed to a council, board, or commission of any
  164  council advisory group agency. The council members shall serve
  165  as advisors to the governing board of the St. Johns River Water
  166  Management District. The council is subject to the provisions of
  167  chapters 119 and 120.
  168         (3) The council shall meet at the call of its chair, at the
  169  request of six of its members, or at the request of the chair of
  170  the governing board of the St. Johns River Water Management
  171  District. Resignation by a council member, or failure by a
  172  council member to attend three consecutive meetings without an
  173  excuse approved by the chair, results in a vacancy on the
  174  council.
  175         Section 5. Subsection (5) is added to section 373.705,
  176  Florida Statutes, to read:
  177         373.705 Water resource development; water supply
  178  development.—
  179         (5) The water management districts shall promote expanded
  180  cost-share criteria for additional conservation practices, such
  181  as soil and moisture sensors and other irrigation improvements,
  182  water-saving equipment, water-saving household fixtures, and
  183  software technologies that can achieve verifiable water
  184  conservation by providing water use information to utility
  185  customers.
  186         Section 6. Subsection (4) is added to section 378.209,
  187  Florida Statutes, to read:
  188         378.209 Timing of reclamation.—
  189         (4) The rate of reclamation requirements in paragraphs
  190  (1)(a)-(e) and the requirements of s. 378.208 do not apply to
  191  constructed clay settling areas where its beneficial use has
  192  been extended.
  193         Section 7. Paragraph (i) is added to subsection (8) of
  194  section 403.067, Florida Statutes, to read:
  195         403.067 Establishment and implementation of total maximum
  196  daily loads.—
  198         (i)Land set-asides and land-use modifications not
  199  otherwise required by state law or a permit, including
  200  constructed wetlands and other water quality improvement
  201  projects that reduce nutrient loads into nutrient-impaired
  202  surface waters, may be used under this subsection.
  203         Section 8. Subsection (2) of section 403.201, Florida
  204  Statutes, is amended to read:
  205         403.201 Variances.—
  206         (2) A No variance may not shall be granted from any
  207  provision or requirement concerning discharges of waste into
  208  waters of the state or hazardous waste management which would
  209  result in the provision or requirement being less stringent than
  210  a comparable federal provision or requirement, except as
  211  provided in s. 403.70715. However, this subsection does not
  212  prohibit the issuance of moderating provisions or requirements
  213  under state law, subject to any necessary approval by the United
  214  States Environmental Protection Agency.
  215         Section 9. Subsection (5) is added to section 403.709,
  216  Florida Statutes, to read:
  217         403.709 Solid Waste Management Trust Fund; use of waste
  218  tire fees.—There is created the Solid Waste Management Trust
  219  Fund, to be administered by the department.
  220         (5)(a) Notwithstanding subsection (1), a solid waste
  221  landfill closure account is established within the Solid Waste
  222  Management Trust Fund to provide funding for the closing and
  223  long-term care of solid waste management facilities. The
  224  department may use funds from the account to contract with a
  225  third party for the closing and long-term care of a solid waste
  226  management facility if:
  227         1. The facility operates or operated under a department
  228  permit;
  229         2. The permittee provides proof of financial assurance for
  230  closure in the form of an insurance certificate;
  231         3. The facility is deemed to be abandoned or was ordered to
  232  be closed by the department;
  233         4. Closure is accomplished in substantial accordance with a
  234  closure plan approved by the department; and
  235         5. The department has written documentation that the
  236  insurance company issuing the closure insurance policy will
  237  provide or reimburse the funds required to complete closing and
  238  long-term care of the facility.
  239         (b) The department shall deposit funds received from an
  240  insurance company as reimbursement for the costs of closing or
  241  long-term care of the facility into the solid waste landfill
  242  closure account.
  243         Section 10. For the 2015-2016 fiscal year, the sum of
  244  $2,339,764 in nonrecurring funds from the Solid Waste Management
  245  Trust Fund in the Fixed Capital Outlay-Agency Managed-Closing
  246  and Long-Term Care of Solid Waste Management Facilities
  247  appropriation category is appropriated to the Department of
  248  Environmental Protection for the closing and long-term care of
  249  solid waste management facilities pursuant to s. 403.709(5),
  250  Florida Statutes.
  251         Section 11. Subsection (3) is added to section 403.713,
  252  Florida Statutes, to read:
  253         403.713 Ownership and control of solid waste and recovered
  254  materials.—
  255         (3) For the purposes of exercising flow control authority
  256  under this section, a resource recovery facility does not
  257  include a landfill gas-to-energy system or facility.
  258         Section 12. For the purpose of incorporating the amendment
  259  made by this act to section 403.201, Florida Statutes, in a
  260  reference thereto, subsection (17) of section 373.414, Florida
  261  Statutes, is reenacted to read:
  262         373.414 Additional criteria for activities in surface
  263  waters and wetlands.—
  264         (17) The variance provisions of s. 403.201 are applicable
  265  to the provisions of this section or any rule adopted pursuant
  266  to this section. The governing boards and the department are
  267  authorized to review and take final agency action on petitions
  268  requesting such variances for those activities they regulate
  269  under this part and s. 373.4145.
  270         Section 13. This act shall take effect July 1, 2015.