Florida Senate - 2016 SB 1052
By Senator Hays
11-00472A-16 20161052__
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 or reducing consumptive use permit
5 allocations if actual water use is less than permitted
6 water use due to water conservation measures or
7 specified circumstances; requiring water management
8 districts to adopt rules providing water conservation
9 incentives, including permit extensions; amending s.
10 373.323, F.S.; revising eligibility requirements for
11 taking the water well contractor licensure
12 examination; amending s. 373.467, F.S.; revising
13 membership qualifications for the Harris Chain of
14 Lakes Restoration Council; authorizing the Lake County
15 legislative delegation to waive such membership
16 qualifications for good cause; providing that
17 resignation or removal of a council member results in
18 a council vacancy; amending s. 373.705, F.S.;
19 requiring water management districts to promote
20 expanded cost-share criteria for additional
21 conservation practices; amending s. 378.209, F.S.;
22 exempting certain constructed clay settling areas from
23 reclamation rate and financial responsibility
24 requirements; amending s. 403.061, F.S.; requiring the
25 Department of Environmental Protection to adopt by
26 rule a specific surface water classification to
27 protect surface waters used for treated potable water
28 supply; providing criteria for such rule; authorizing
29 the reclassification of surface waters used for
30 treated potable water supply notwithstanding such
31 rule; amending s. 403.067, F.S.; authorizing the use
32 of land set-asides and land use modifications,
33 including constructed wetlands or other water quality
34 improvement projects, in water quality credit trading;
35 amending s. 403.201, F.S.; providing applicability of
36 prohibited variances concerning discharges of waste
37 into waters of the state and hazardous waste
38 management; amending s. 403.713, F.S.; authorizing
39 local governments to implement a flow control
40 ordinance only upon ownership and utilization of a
41 resource recovery facility and a proven need of flow
42 control for the facility; excluding landfill gas-to
43 energy systems and facilities from being classified as
44 resource recovery facilities under certain
45 circumstances; amending s. 403.861, F.S.; requiring
46 the department to add treated potable water supply as
47 a designated use of a surface water segment under
48 certain circumstances; reenacting s. 373.414(17),
49 F.S., relating to variances for activities in surface
50 waters and wetlands, to incorporate the amendment made
51 by the act to s. 403.201, F.S., in a reference
52 thereto; providing an appropriation; providing an
53 effective date.
54
55 Be It Enacted by the Legislature of the State of Florida:
56
57 Section 1. Present subsection (5) of section 373.227,
58 Florida Statutes, is renumbered as subsection (7), and new
59 subsections (5) and (6) are added to that section, to read:
60 373.227 Water conservation; legislative findings and
61 intent; objectives; comprehensive statewide water conservation
62 program requirements.—
63 (5) To incentivize water conservation, if actual water use
64 is less than permitted water use due to documented
65 implementation of water conservation measures beyond those
66 required in a consumptive use permit, including, but not limited
67 to, those measures identified in best management practices
68 pursuant to s. 570.93, the permitted allocation may not be
69 modified solely due to such water conservation during the term
70 of the permit. To promote water conservation and the
71 implementation of measures that produce significant water
72 savings beyond those required in a consumptive use permit, each
73 water management district shall adopt rules providing water
74 conservation incentives, which may include limited permit
75 extensions.
76 (6) For consumptive use permits for agricultural
77 irrigation, if actual water use is less than permitted water use
78 due to weather events, crop diseases, nursery stock
79 availability, market conditions, or changes in crop type, a
80 district may not, as a result, reduce permitted allocation
81 amounts during the term of the permit.
82 Section 2. Paragraph (b) of subsection (3) of section
83 373.323, Florida Statutes, is amended to read:
84 373.323 Licensure of water well contractors; application,
85 qualifications, and examinations; equipment identification.—
86 (3) An applicant who meets the following requirements shall
87 be entitled to take the water well contractor licensure
88 examination:
89 (b) Has at least 2 years of experience in constructing,
90 repairing, or abandoning water wells. Satisfactory proof of such
91 experience shall be demonstrated by providing:
92 1. Evidence of the length of time the applicant has been
93 engaged in the business of the construction, repair, or
94 abandonment of water wells as a major activity, as attested to
95 by a letter from a water well contractor or and a letter from a
96 water well inspector employed by a governmental agency.
97 2. A list of at least 10 water wells that the applicant has
98 constructed, repaired, or abandoned within the preceding 5
99 years. Of these wells, at least seven must have been
100 constructed, as defined in s. 373.303(2), by the applicant. The
101 list shall also include:
102 a. The name and address of the owner or owners of each
103 well.
104 b. The location, primary use, and approximate depth and
105 diameter of each well that the applicant has constructed,
106 repaired, or abandoned.
107 c. The approximate date the construction, repair, or
108 abandonment of each well was completed.
109 Section 3. Paragraph (a) of subsection (1) and subsection
110 (3) of section 373.467, Florida Statutes, are amended to read:
111 373.467 The Harris Chain of Lakes Restoration Council.
112 There is created within the St. Johns River Water Management
113 District, with assistance from the Fish and Wildlife
114 Conservation Commission and the Lake County Water Authority, the
115 Harris Chain of Lakes Restoration Council.
116 (1)(a) The council shall consist of nine voting members,
117 which shall include: a representative of waterfront property
118 owners, a representative of the sport fishing industry, a person
119 with experience in an environmental science or regulation
120 engineer, a person with training in biology or another
121 scientific discipline, a person with training as an attorney, a
122 physician, a person with training as an engineer, and two
123 residents of the county who are do not required to meet any
124 additional of the other qualifications for membership enumerated
125 in this paragraph, each to be appointed by the Lake County
126 legislative delegation. The Lake County legislative delegation
127 may waive the qualifications for membership on a case-by-case
128 basis if good cause is shown. A No person serving on the council
129 may not be appointed to a council, board, or commission of any
130 council advisory group agency. The council members shall serve
131 as advisors to the governing board of the St. Johns River Water
132 Management District. The council is subject to the provisions of
133 chapters 119 and 120.
134 (3) The council shall meet at the call of its chair, at the
135 request of six of its members, or at the request of the chair of
136 the governing board of the St. Johns River Water Management
137 District. Resignation by a council member, or removal of a
138 council member for failure to attend three consecutive meetings
139 without an excuse approved by the chair, shall result in a
140 vacancy on the council.
141 Section 4. Subsection (5) is added to section 373.705,
142 Florida Statutes, to read:
143 373.705 Water resource development; water supply
144 development.—
145 (5) The water management districts shall promote expanded
146 cost-share criteria for additional conservation practices, such
147 as soil and moisture sensors and other irrigation improvements,
148 water-saving equipment, water-saving household fixtures, and
149 software technologies that can achieve verifiable water
150 conservation by providing water use information to utility
151 customers.
152 Section 5. Subsection (4) is added to section 378.209,
153 Florida Statutes, to read:
154 378.209 Timing of reclamation.—
155 (4) The rate of reclamation requirements in paragraphs
156 (1)(a)-(e) and the requirements of s. 378.208 do not apply to a
157 constructed clay settling area if the beneficial use of such
158 area has been extended.
159 Section 6. Subsection (29) of section 403.061, Florida
160 Statutes, is amended to read:
161 403.061 Department; powers and duties.—The department shall
162 have the power and the duty to control and prohibit pollution of
163 air and water in accordance with the law and rules adopted and
164 promulgated by it and, for this purpose, to:
165 (29)(a) Adopt by rule special criteria to protect Class II
166 and Class III shellfish harvesting waters. Such rules may
167 include special criteria for approving docking facilities that
168 have 10 or fewer slips if the construction and operation of such
169 facilities will not result in the closure of shellfish waters.
170 (b) Adopt by rule a specific surface water classification
171 to protect surface waters used for treated potable water supply.
172 These designated surface waters shall have the same water
173 quality criteria protections as waters designated for fish
174 consumption, recreation, and the propagation and maintenance of
175 a healthy, well-balanced population of fish and wildlife, and
176 shall be free from discharged substances at a concentration
177 that, alone or in combination with other discharged substances,
178 would require significant alteration of permitted treatment
179 processes at the permitted treatment facility or that would
180 otherwise prevent compliance with applicable state drinking
181 water standards in the treated water. Notwithstanding this
182 classification or the inclusion of treated water supply as a
183 designated use of a surface water, a surface water used for
184 treated potable water supply may be reclassified to the potable
185 water supply classification.
186
187 The department shall implement such programs in conjunction with
188 its other powers and duties and shall place special emphasis on
189 reducing and eliminating contamination that presents a threat to
190 humans, animals or plants, or to the environment.
191 Section 7. Paragraph (i) is added to subsection (8) of
192 section 403.067, Florida Statutes, to read:
193 403.067 Establishment and implementation of total maximum
194 daily loads.—
195 (8) WATER QUALITY CREDIT TRADING.—
196 (i) Land set-asides and land use modifications not
197 otherwise required by state law or a permit, including
198 constructed wetlands or other water quality improvement
199 projects, that reduce nutrient loads into nutrient impaired
200 surface waters may be used under this subsection.
201 Section 8. Subsection (2) of section 403.201, Florida
202 Statutes, is amended to read:
203 403.201 Variances.—
204 (2) A No variance may not shall be granted from any
205 provision or requirement concerning discharges of waste into
206 waters of the state or hazardous waste management which would
207 result in the provision or requirement being less stringent than
208 a comparable federal provision or requirement, except as
209 provided in s. 403.70715. However, this subsection does not
210 prohibit the issuance of moderating provisions or requirements
211 under state law, subject to any necessary approval by the United
212 States Environmental Protection Agency.
213 Section 9. Subsection (2) of section 403.713, Florida
214 Statutes, is amended, and subsection (3) is added to that
215 section, to read:
216 403.713 Ownership and control of solid waste and recovered
217 materials.—
218 (2) Any local government that which undertakes resource
219 recovery from solid waste pursuant to general law or special act
220 may institute a flow control ordinance for the purpose of
221 ensuring that the resource recovery facility receives an
222 adequate quantity of solid waste from solid waste generated
223 within its jurisdiction. Such authority does shall not extend to
224 recovered materials, whether separated at the point of
225 generation or after collection, which that are intended to be
226 held for purposes of recycling pursuant to the requirements of
227 this part; however, the handling of such materials is shall be
228 subject to applicable state and local public health and safety
229 laws. A flow control ordinance may be instituted under this
230 section by a local government only after it owns, and actively
231 uses, a resource recovery facility and the local government
232 proves the necessity of instituting flow control to ensure
233 sufficient materials for that resource recovery facility. A flow
234 control ordinance also does not limit the ability of other
235 entities and districts to contract for waste management
236 services.
237 (3) For the purposes of exercising flow control authority
238 under this section, a resource recovery facility does not
239 include a landfill gas-to-energy system or facility.
240 Section 10. Subsection (21) is added to section 403.861,
241 Florida Statutes, to read:
242 403.861 Department; powers and duties.—The department shall
243 have the power and the duty to carry out the provisions and
244 purposes of this act and, for this purpose, to:
245 (21)(a) Upon issuance of a construction permit to construct
246 a new public water system drinking water treatment facility to
247 provide potable water supply using a surface water that, at the
248 time of the permit application, is not being used as a potable
249 water supply, and the classification of which does not include
250 potable water supply as a designated use, the department shall
251 add treated potable water supply as a designated use of the
252 surface water segment in accordance with s. 403.061(29)(b).
253 (b) For existing public water system drinking water
254 treatment facilities that use a surface water as a treated
255 potable water supply, which surface water classification does
256 not include potable water supply as a designated use, the
257 department shall add treated potable water supply as a
258 designated use of the surface water segment in accordance with
259 s. 403.061(29)(b).
260 Section 11. For the purpose of incorporating the amendment
261 made by this act to section 403.201, Florida Statutes, in a
262 reference thereto, subsection (17) of section 373.414, Florida
263 Statutes, is reenacted to read:
264 373.414 Additional criteria for activities in surface
265 waters and wetlands.—
266 (17) The variance provisions of s. 403.201 are applicable
267 to the provisions of this section or any rule adopted pursuant
268 to this section. The governing boards and the department are
269 authorized to review and take final agency action on petitions
270 requesting such variances for those activities they regulate
271 under this part and s. 373.4145.
272 Section 12. For the 2016-2017 fiscal year, the sum of
273 $2,339,764 in nonrecurring funds is appropriated to the
274 Department of Environmental Protection from the Solid Waste
275 Management Trust Fund in the Fixed Capital Outlay-Agency
276 Managed-Closing and Long-Term Care of Solid Waste Management
277 Facilities appropriation category for the closing and long-term
278 care of solid waste management facilities.
279 Section 13. This act shall take effect upon becoming a law.