Florida Senate - 2016 CS for SB 1052
By the Committee on Environmental Preservation and Conservation;
and Senator Hays
592-02359-16 20161052c1
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 under certain conditions; amending s.
25 403.061, F.S.; requiring the Department of
26 Environmental Protection to adopt by rule a specific
27 surface water classification to protect surface waters
28 used for treated potable water supply; providing
29 criteria for such rule; authorizing the
30 reclassification of surface waters used for treated
31 potable water supply notwithstanding such rule;
32 amending s. 403.067, F.S.; authorizing the use of land
33 set-asides and land use modifications, including
34 constructed wetlands or other water quality
35 improvement projects, in water quality credit trading;
36 amending s. 403.201, F.S.; providing applicability of
37 prohibited variances concerning discharges of waste
38 into waters of the state and hazardous waste
39 management; amending s. 403.709, F.S.; making
40 technical changes; deleting a scheduled repeal date;
41 amending s. 403.713, F.S.; authorizing local
42 governments to implement a flow control ordinance only
43 upon ownership and utilization of a resource recovery
44 facility and a proven need of flow control for the
45 facility; excluding landfill gas-to-energy systems and
46 facilities from being classified as resource recovery
47 facilities under certain circumstances; amending s.
48 403.861, F.S.; requiring the department to add treated
49 potable water supply as a designated use of a surface
50 water segment under certain circumstances; reenacting
51 s. 373.414(17), F.S., relating to variances for
52 activities in surface waters and wetlands, to
53 incorporate the amendment made by the act to s.
54 403.201, F.S., in a reference thereto; providing an
55 appropriation; providing an effective date.
56
57 Be It Enacted by the Legislature of the State of Florida:
58
59 Section 1. Present subsection (5) of section 373.227,
60 Florida Statutes, is renumbered as subsection (7), and new
61 subsections (5) and (6) are added to that section, to read:
62 373.227 Water conservation; legislative findings and
63 intent; objectives; comprehensive statewide water conservation
64 program requirements.—
65 (5) To incentivize water conservation, if actual water use
66 is less than permitted water use due to documented
67 implementation of water conservation measures beyond those
68 required in a consumptive use permit, including, but not limited
69 to, those measures identified in best management practices
70 pursuant to s. 570.93, the permitted allocation may not be
71 modified solely due to such water conservation during the term
72 of the permit. To promote water conservation and the
73 implementation of measures that produce significant water
74 savings beyond those required in a consumptive use permit, each
75 water management district shall adopt rules providing water
76 conservation incentives, which may include limited permit
77 extensions.
78 (6) For consumptive use permits for agricultural
79 irrigation, if actual water use is less than permitted water use
80 due to weather events, crop diseases, nursery stock
81 availability, market conditions, or changes in crop type, a
82 district may not, as a result, reduce permitted allocation
83 amounts during the term of the permit.
84 Section 2. Paragraph (b) of subsection (3) of section
85 373.323, Florida Statutes, is amended to read:
86 373.323 Licensure of water well contractors; application,
87 qualifications, and examinations; equipment identification.—
88 (3) An applicant who meets the following requirements shall
89 be entitled to take the water well contractor licensure
90 examination:
91 (b) Has at least 2 years of experience in constructing,
92 repairing, or abandoning water wells. Satisfactory proof of such
93 experience shall be demonstrated by providing:
94 1. Evidence of the length of time the applicant has been
95 engaged in the business of the construction, repair, or
96 abandonment of water wells as a major activity, as attested to
97 by a letter from a water well contractor or and a letter from a
98 water well inspector employed by a governmental agency.
99 2. A list of at least 10 water wells that the applicant has
100 constructed, repaired, or abandoned within the preceding 5
101 years. Of these wells, at least seven must have been
102 constructed, as defined in s. 373.303(2), by the applicant. The
103 list shall also include:
104 a. The name and address of the owner or owners of each
105 well.
106 b. The location, primary use, and approximate depth and
107 diameter of each well that the applicant has constructed,
108 repaired, or abandoned.
109 c. The approximate date the construction, repair, or
110 abandonment of each well was completed.
111 Section 3. Paragraph (a) of subsection (1) and subsection
112 (3) of section 373.467, Florida Statutes, are amended to read:
113 373.467 The Harris Chain of Lakes Restoration Council.
114 There is created within the St. Johns River Water Management
115 District, with assistance from the Fish and Wildlife
116 Conservation Commission and the Lake County Water Authority, the
117 Harris Chain of Lakes Restoration Council.
118 (1)(a) The council shall consist of nine voting members,
119 which shall include: a representative of waterfront property
120 owners, a representative of the sport fishing industry, a person
121 with experience in an environmental science or regulation
122 engineer, a person with training in biology or another
123 scientific discipline, a person with training as an attorney, a
124 physician, a person with training as an engineer, and two
125 residents of the county who are do not required to meet any
126 additional of the other qualifications for membership enumerated
127 in this paragraph, each to be appointed by the Lake County
128 legislative delegation. The Lake County legislative delegation
129 may waive the qualifications for membership on a case-by-case
130 basis if good cause is shown. A No person serving on the council
131 may not be appointed to a council, board, or commission of any
132 council advisory group agency. The council members shall serve
133 as advisors to the governing board of the St. Johns River Water
134 Management District. The council is subject to the provisions of
135 chapters 119 and 120.
136 (3) The council shall meet at the call of its chair, at the
137 request of six of its members, or at the request of the chair of
138 the governing board of the St. Johns River Water Management
139 District. Resignation by a council member, or removal of a
140 council member for failure to attend three consecutive meetings
141 without an excuse approved by the chair, shall result in a
142 vacancy on the council.
143 Section 4. Subsection (5) is added to section 373.705,
144 Florida Statutes, to read:
145 373.705 Water resource development; water supply
146 development.—
147 (5) The water management districts shall promote expanded
148 cost-share criteria for additional conservation practices, such
149 as soil and moisture sensors and other irrigation improvements,
150 water-saving equipment, water-saving household fixtures, and
151 software technologies that can achieve verifiable water
152 conservation by providing water use information to utility
153 customers.
154 Section 5. Subsection (4) is added to section 378.209,
155 Florida Statutes, to read:
156 378.209 Timing of reclamation.—
157 (4) If the beneficial use of a constructed clay settling
158 area has been extended, the rate of reclamation requirements in
159 paragraphs (1)(a)-(e) and the requirements of s. 378.208 shall
160 become applicable for such area when the beneficial use of such
161 area is completed.
162 Section 6. Subsection (29) of section 403.061, Florida
163 Statutes, is amended to read:
164 403.061 Department; powers and duties.—The department shall
165 have the power and the duty to control and prohibit pollution of
166 air and water in accordance with the law and rules adopted and
167 promulgated by it and, for this purpose, to:
168 (29)(a) Adopt by rule special criteria to protect Class II
169 and Class III shellfish harvesting waters. Such rules may
170 include special criteria for approving docking facilities that
171 have 10 or fewer slips if the construction and operation of such
172 facilities will not result in the closure of shellfish waters.
173 (b) Adopt by rule a specific surface water classification
174 to protect surface waters used for treated potable water supply.
175 These designated surface waters shall have the same water
176 quality criteria protections as waters designated for fish
177 consumption, recreation, and the propagation and maintenance of
178 a healthy, well-balanced population of fish and wildlife, and
179 shall be free from discharged substances at a concentration
180 that, alone or in combination with other discharged substances,
181 would require significant alteration of permitted treatment
182 processes at the permitted treatment facility or that would
183 otherwise prevent compliance with applicable state drinking
184 water standards in the treated water. Notwithstanding this
185 classification or the inclusion of treated water supply as a
186 designated use of a surface water, a surface water used for
187 treated potable water supply may be reclassified to the potable
188 water supply classification.
189
190 The department shall implement such programs in conjunction with
191 its other powers and duties and shall place special emphasis on
192 reducing and eliminating contamination that presents a threat to
193 humans, animals or plants, or to the environment.
194 Section 7. Paragraph (i) is added to subsection (8) of
195 section 403.067, Florida Statutes, to read:
196 403.067 Establishment and implementation of total maximum
197 daily loads.—
198 (8) WATER QUALITY CREDIT TRADING.—
199 (i) Land set-asides and land use modifications not
200 otherwise required by state law or a permit, including
201 constructed wetlands or other water quality improvement
202 projects, that reduce nutrient loads into nutrient impaired
203 surface waters may be used under this subsection.
204 Section 8. Subsection (2) of section 403.201, Florida
205 Statutes, is amended to read:
206 403.201 Variances.—
207 (2) A No variance may not shall be granted from any
208 provision or requirement concerning discharges of waste into
209 waters of the state or hazardous waste management which would
210 result in the provision or requirement being less stringent than
211 a comparable federal provision or requirement, except as
212 provided in s. 403.70715. However, this subsection does not
213 prohibit the issuance of moderating provisions or requirements
214 under state law, subject to any necessary approval by the United
215 States Environmental Protection Agency.
216 Section 9. Subsection (5) of section 403.709, Florida
217 Statutes, is amended to read:
218 403.709 Solid Waste Management Trust Fund; use of waste
219 tire fees.—There is created the Solid Waste Management Trust
220 Fund, to be administered by the department.
221 (5)(a) Notwithstanding subsection (1), a solid waste
222 landfill closure account is established within the Solid Waste
223 Management Trust Fund to provide funding for the closing and
224 long-term care of solid waste management facilities. The
225 department may use funds from the account to contract with a
226 third party for the closing and long-term care of a solid waste
227 management facility if:
228 1. The facility has or had a department permit to operate
229 as a solid waste management the facility;
230 2. The permittee provided proof of financial assurance for
231 closure in the form of an insurance certificate;
232 3. The department deemed the facility is deemed to be
233 abandoned or was ordered the facility to close by the
234 department;
235 4. Closure is accomplished in substantial accordance with a
236 closure plan approved by the department; and
237 5. The department has written documentation that the
238 insurance company issuing the closure insurance policy will
239 provide or reimburse the funds required to complete closing and
240 long-term care of the facility.
241 (b) The department shall deposit the funds received from
242 the insurance company as reimbursement for the costs of the
243 closure closing or long-term care of the facility into the solid
244 waste landfill closure account.
245 (c) This subsection expires July 1, 2016.
246 Section 10. Subsection (2) of section 403.713, Florida
247 Statutes, is amended, and subsection (3) is added to that
248 section, to read:
249 403.713 Ownership and control of solid waste and recovered
250 materials.—
251 (2) Any local government that which undertakes resource
252 recovery from solid waste pursuant to general law or special act
253 may institute a flow control ordinance for the purpose of
254 ensuring that the resource recovery facility receives an
255 adequate quantity of solid waste from solid waste generated
256 within its jurisdiction. Such authority does shall not extend to
257 recovered materials, whether separated at the point of
258 generation or after collection, which that are intended to be
259 held for purposes of recycling pursuant to the requirements of
260 this part; however, the handling of such materials is shall be
261 subject to applicable state and local public health and safety
262 laws. A flow control ordinance may be instituted under this
263 section by a local government only after it owns, and actively
264 uses, a resource recovery facility and the local government
265 proves the necessity of instituting flow control to ensure
266 sufficient materials for that resource recovery facility. A flow
267 control ordinance also does not limit the ability of other
268 entities and districts to contract for waste management
269 services.
270 (3) For the purposes of exercising flow control authority
271 under this section, a resource recovery facility does not
272 include a landfill gas-to-energy system or facility.
273 Section 11. Subsection (21) is added to section 403.861,
274 Florida Statutes, to read:
275 403.861 Department; powers and duties.—The department shall
276 have the power and the duty to carry out the provisions and
277 purposes of this act and, for this purpose, to:
278 (21)(a) Upon issuance of a construction permit to construct
279 a new public water system drinking water treatment facility to
280 provide potable water supply using a surface water that, at the
281 time of the permit application, is not being used as a potable
282 water supply, and the classification of which does not include
283 potable water supply as a designated use, the department shall
284 add treated potable water supply as a designated use of the
285 surface water segment in accordance with s. 403.061(29)(b).
286 (b) For existing public water system drinking water
287 treatment facilities that use a surface water as a treated
288 potable water supply, which surface water classification does
289 not include potable water supply as a designated use, the
290 department shall add treated potable water supply as a
291 designated use of the surface water segment in accordance with
292 s. 403.061(29)(b).
293 Section 12. For the purpose of incorporating the amendment
294 made by this act to section 403.201, Florida Statutes, in a
295 reference thereto, subsection (17) of section 373.414, Florida
296 Statutes, is reenacted to read:
297 373.414 Additional criteria for activities in surface
298 waters and wetlands.—
299 (17) The variance provisions of s. 403.201 are applicable
300 to the provisions of this section or any rule adopted pursuant
301 to this section. The governing boards and the department are
302 authorized to review and take final agency action on petitions
303 requesting such variances for those activities they regulate
304 under this part and s. 373.4145.
305 Section 13. For the 2016-2017 fiscal year, the sum of
306 $2,339,764 in nonrecurring funds is appropriated to the
307 Department of Environmental Protection from the Solid Waste
308 Management Trust Fund in the Fixed Capital Outlay-Agency
309 Managed-Closing and Long-Term Care of Solid Waste Management
310 Facilities appropriation category for the closing and long-term
311 care of solid waste management facilities.
312 Section 14. This act shall take effect upon becoming a law.