Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1664
       
       
       
       
       
       
                                Ì499170-Î499170                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/22/2018           .                                
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       The Committee on Environmental Preservation and Conservation
       (Simmons) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present paragraph (d) of subsection (7) of
    6  section 403.067, Florida Statutes, is redesignated as paragraph
    7  (f), and new paragraphs (d) and (e) are added to that
    8  subsection, to read:
    9         403.067 Establishment and implementation of total maximum
   10  daily loads.—
   11         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
   12  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
   13         (d) Onsite sewage treatment and disposal systems.—
   14         1.For purposes of this paragraph, “onsite sewage treatment
   15  and disposal system” has the same meaning as in s. 381.0065.
   16         2. As part of a basin management action plan, the
   17  department, the Department of Health, relevant local
   18  governments, and relevant local public and private wastewater
   19  utilities must develop an onsite sewage treatment and disposal
   20  system remediation plan if the department determines that
   21  remediation is necessary to achieve a total maximum daily load.
   22  In order to promote cost-effective remediation, the department
   23  may identify one or more priority focus areas. The department
   24  shall identify these areas by considering soil conditions;
   25  groundwater or surface water travel time; proximity to surface
   26  waters, including predominantly marine waters as defined by
   27  department rule; hydrogeology; onsite system density; nutrient
   28  load; and other factors that may lead to water quality
   29  degradation. The remediation plan must identify cost-effective
   30  and financially feasible projects necessary to reduce the
   31  nutrient impacts from onsite sewage treatment and disposal
   32  systems. The plan shall be completed and adopted as part of the
   33  basin management action plan within 5 years of the effective
   34  date of this act. The department is the lead agency in
   35  coordinating the preparation and adoption of the plan. In
   36  developing and adopting the plan, the department shall:
   37         a. Collect and evaluate credible scientific information on
   38  the effect of nutrients on surface and groundwaters;
   39         b. Work with local stakeholders to develop a public
   40  education plan to provide area residents with reliable,
   41  understandable information about onsite sewage treatment and
   42  disposal systems and surface and groundwater pollution;
   43         c. Ensure that the plan includes options, if appropriate,
   44  for system repair, upgrade, or replacement; drainfield
   45  modification; the addition of effective nutrient-reducing
   46  features; connection to a central sewerage system; or other
   47  actions addressing onsite sewage treatment and disposal system
   48  issues. The department shall include in the plan a priority
   49  ranking for each onsite system, or group of systems, that
   50  requires remediation. The priority ranking shall be used to
   51  ensure the most effective, efficient use of the funding provided
   52  for onsite system remediation. In awarding any such funds, the
   53  department may consider expected nutrient reduction benefit per
   54  unit cost, the size and scope of the project, local financial
   55  contribution to the project relative to the overall cost, and
   56  the financial impact on property owners and the community. For
   57  the purpose of awarding funds, the department may, at its
   58  discretion, totally or partially waive this consideration of the
   59  local contribution for proposed projects within an area
   60  designated as a rural area of opportunity under s. 288.0656; and
   61         d. Ensure that the plan includes an implementation schedule
   62  for completion of the actions related to reducing onsite sewage
   63  treatment and disposal system nutrient loads, with milestones,
   64  periodic progress evaluations, and a completion date necessary
   65  to achieve the total maximum daily load within the timeframe
   66  established in the basin management action plan.
   67         3. The installation, repair, modification, or upgrade of
   68  onsite sewage treatment and disposal systems on lots of 1 acre
   69  or less and within the boundaries of a basin management action
   70  plan with an onsite sewage treatment and disposal remediation
   71  plan must conform to the requirements of the remediation plan.
   72         (e)Wastewater treatment facilities.—As part of the basin
   73  management action plan, the department shall evaluate the need
   74  for the creation or improvement of wastewater treatment
   75  facilities to meet the total maximum daily load. The department
   76  shall identify funding sources available to the relevant local
   77  governments for the creation or improvement of wastewater
   78  treatment facilities. The department and the relevant water
   79  management districts are authorized and encouraged to enter into
   80  cost-share agreements with the relevant local governments for
   81  the creation or improvement of wastewater treatment facilities.
   82  If a wastewater treatment facility is identified for funding
   83  pursuant to this paragraph, the department and the water
   84  management districts shall give priority to projects according
   85  to the extent each project is intended to remove, mitigate, or
   86  prevent adverse effects on surface or groundwater quality and
   87  public health. The relative costs of achieving environmental and
   88  public health benefits must be taken into consideration during
   89  the department's or water management district's assignment of
   90  project priorities. The department shall adopt a priority system
   91  by rule. In developing the priority system, the department or
   92  water management district shall give priority to projects that:
   93         1. Eliminate public health hazards;
   94         2. Enable compliance with laws requiring the elimination of
   95  discharges to specific water bodies;
   96         3. Assist in the implementation of total maximum daily
   97  loads adopted under this section;
   98         4. Enable compliance with other pollution control
   99  requirements, including, but not limited to, toxics control,
  100  wastewater residuals management, and reduction of nutrients and
  101  bacteria;
  102         5. Assist in the implementation of surface water
  103  improvement and management plans and pollutant load reduction
  104  goals developed under state water policy;
  105         6. Promote reclaimed water reuse;
  106         7. Eliminate failing onsite sewage treatment and disposal
  107  systems or those that are causing environmental damage; or
  108         8. Reduce pollutants to and otherwise promote the
  109  restoration of Florida’s surface and groundwaters.
  110         Section 2. Division of Law Revision and Information is
  111  directed to replace the phrase “the effective date of this act”
  112  wherever it occurs in this act with the date the act becomes a
  113  law.
  114         Section 3. This act shall take effect July 1, 2018.
  115  
  116  ================= T I T L E  A M E N D M E N T ================
  117  And the title is amended as follows:
  118         Delete everything before the enacting clause
  119  and insert:
  120                        A bill to be entitled                      
  121         An act relating to basin management action plans;
  122         amending s. 403.067, F.S.; defining “onsite sewage
  123         treatment and disposal system”; requiring the
  124         Department of Environmental Protection and other
  125         entities, as part of a basin management action plan,
  126         to develop onsite sewage treatment and disposal system
  127         remediation plans under certain conditions; specifying
  128         parameters for selecting priority focus areas for
  129         remediation; specifying the parameters for developing
  130         and adopting a remediation plan; specifying
  131         requirements for the installation, repair,
  132         modification, or upgrade of certain onsite sewage
  133         treatment and disposal systems; requiring the
  134         department to evaluate the need for the creation or
  135         improvement of wastewater treatment facilities;
  136         authorizing funding; providing criteria for the
  137         prioritization of funding for wastewater treatment
  138         facilities; requiring the department to develop rules;
  139         providing a directive the Division of Law Revision and
  140         Information; providing an effective date.