Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 1656
Ì451010RÎ451010
LEGISLATIVE ACTION
Senate . House
Comm: RS .
02/04/2020 .
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The Committee on Innovation, Industry, and Technology
(Albritton) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (17) is added to section 403.064,
6 Florida Statutes, to read:
7 403.064 Reuse of reclaimed water.—
8 (17) Notwithstanding any other provisions in this section
9 to the contrary, beginning January 1, 2026, domestic wastewater
10 treatment facilities may not dispose of effluent, reclaimed
11 water, or reuse water by surface water discharge, except that
12 this prohibition does not apply to indirect potable reuse
13 projects; domestic wastewater treatment facility discharges
14 during wet weather which occur in accordance with the applicable
15 department permit; discharges into a stormwater management
16 system which are subsequently withdrawn by a user for irrigation
17 purposes; domestic wastewater treatment facilities located in
18 fiscally constrained counties as defined in s. 218.67(1);
19 projects where reclaimed water is recovered from an aquifer
20 recharge system and subsequently discharged into a surface water
21 for potable reuse; wetlands creation, restoration, and
22 enhancement projects; minimum flows and levels recovery or
23 prevention strategy plan projects; domestic wastewater treatment
24 facilities with reuse systems that provide a minimum of 90
25 percent of a facility’s annual average flow, as determined by
26 the department using monitoring data for the prior 5 consecutive
27 years, for reuse purposes authorized by the department; domestic
28 wastewater treatment facilities located in municipalities that
29 have less than $5 million in total revenue, as determined by the
30 most recent annual financial report submitted to the Department
31 of Financial Services in accordance with s. 218.32; or domestic
32 wastewater treatment facilities located in municipalities that
33 are entirely within a rural area of opportunity designated under
34 s. 288.0656.
35 Section 2. Section 403.8531, Florida Statutes, is created
36 to read:
37 403.8531 Potable reuse.—
38 (1) Recognizing that sufficient water supply is imperative
39 to the future of this state and that potable reuse is one source
40 of water which may assist in meeting future demands, the
41 Legislature intends for the department to adopt rules for
42 potable reuse which:
43 (a) Protect the public health and environment by ensuring
44 that the potable reuse rules meet federal and state drinking
45 water and water quality standards, including, but not limited
46 to, the Clean Water Act, the Safe Drinking Water Act, and water
47 quality standards pursuant to chapter 403, and, when possible,
48 implement such rules through existing regulatory programs.
49 (b) Support reclaimed water being used for potable reuse
50 purposes.
51 (c) Implement the recommendations set forth in the Potable
52 Reuse Commission’s 2020 report “Advancing Potable Reuse in
53 Florida: Framework for the Implementation of Potable Reuse in
54 Florida.”
55 (d) Require that the point of compliance with drinking
56 water standards for potable reuse projects is the final
57 discharge point for finished water from the water treatment
58 facility.
59 (e) Protect the aquifer and Florida’s springs and surface
60 waters by ensuring that potable reuse projects do not cause or
61 contribute to violations of water quality standards in surface
62 waters, including groundwater discharges that flow by interflow
63 and affect water quality in surface waters, and that potable
64 reuse projects shall be designed and operated to ensure
65 compliance with groundwater quality standards.
66 (2) As used in this section, the term:
67 (a) “Advanced treated reclaimed water” means the water
68 produced from an advanced water treatment process for potable
69 reuse applications.
70 (b) “Advanced treatment technology” means the treatment
71 technology selected by a utility to address emerging
72 constituents and pathogens in reclaimed water as part of a
73 potable reuse project.
74 (c) “Direct potable reuse” means the introduction of
75 advanced treated reclaimed water into a raw water supply
76 immediately upstream from a drinking water treatment facility or
77 directly into a potable water supply distribution system.
78 (d) “Emerging constituents” means pharmaceuticals, personal
79 care products, and other chemicals not regulated as part of
80 drinking water quality standards.
81 (e) “Indirect potable reuse” means the planned delivery or
82 discharge of reclaimed water to groundwater or surface waters
83 for the development of, or to supplement, the potable water
84 supply.
85 (f) “Off-spec reclaimed water” means reclaimed water that
86 does not meet the standards for potable reuse.
87 (g) “Potable reuse” means the augmentation of a drinking
88 water supply with advanced treated reclaimed water from a
89 domestic wastewater treatment facility, and consists of direct
90 potable reuse and indirect potable reuse.
91 (h) “Reclaimed water” means water that has received at
92 least secondary treatment and basic disinfection and is reused
93 after flowing out of a domestic wastewater treatment facility.
94 (3) Reclaimed water is deemed a water source for public
95 water supply systems.
96 (4) Existing water quality protections that prohibit
97 discharges from causing or contributing to violations of water
98 quality standards in groundwater and surface waters apply to
99 potable reuse projects. In addition, when reclaimed water is
100 released or discharged into groundwater or surface water for
101 potable reuse purposes, consideration of emerging constituents
102 may be required due to existing regulatory requirements, such as
103 antidegradation and discharge standards, as well as impacts to
104 other users of such groundwater or surface water.
105 (5) Potable reuse is an alternative water supply as defined
106 in s. 373.019, and potable reuse projects are eligible for
107 alternative water supply funding. The use of potable reuse water
108 may not be excluded from regional water supply planning under s.
109 373.709.
110 (6) The department shall:
111 (a) Adopt rules that authorize potable reuse projects that
112 are consistent with this section.
113 (b) Review existing rules governing reclaimed water and
114 potable reuse to identify obsolete and inconsistent requirements
115 and adopt rules that revise existing potable reuse rules to
116 eliminate such inconsistencies, while maintaining existing
117 public health and environmental protections.
118 (c) Review aquifer recharge rules and, if revisions are
119 necessary to ensure continued compliance with existing public
120 health and environmental protection rules when reclaimed water
121 is used for aquifer recharge, adopt such rules.
122 (d) Initiate rulemaking by December 31, 2020, and submit
123 the adopted rules to the President of the Senate and the Speaker
124 of the House of Representatives by December 12, 2021, for
125 ratification. Such rules are effective only upon ratification by
126 the Legislature.
127 (7) The department and the water management districts shall
128 develop and execute a memorandum of agreement providing for the
129 procedural requirements of a coordinated review of all permits
130 associated with the construction and operation of an indirect
131 potable reuse project. The memorandum of agreement must provide
132 that the coordinated review will occur only if requested by a
133 permittee. The purpose of the coordinated review is to share
134 information, to avoid the redundancy of information requested
135 from the permittee, and to ensure consistency in the permit for
136 the protection of the public health and the environment. The
137 department and the water management districts shall develop and
138 execute the memorandum of agreement by December 31, 2022.
139 (8) To encourage investment in the development of potable
140 reuse projects by private entities, a potable reuse project
141 developed as a qualifying project pursuant to s. 255.065 is:
142 (a) Beginning January 1, 2025, eligible for expedited
143 permitting under s. 403.973.
144 (b) Granted an annual credit against the tax imposed by
145 chapter 220 in an amount equal to 5 percent of the eligible
146 capital costs generated by a qualifying project for a period not
147 to exceed 20 years after the date that project operations begin.
148 The tax credit applies only to the corporate income tax
149 liability or the premium tax liability generated by or arising
150 out of the qualifying project, and the sum of all tax credits
151 provided pursuant to this section may not exceed 100 percent of
152 the eligible capital costs as defined in s. 220.191(1)(c). Any
153 credit granted pursuant to this paragraph may not be carried
154 forward or backward.
155 (c) Granted a 3-year extension of any deadlines imposed
156 under s. 403.064(17).
157 (d) Consistent with s. 373.707, eligible for priority
158 funding in the same manner as other alternative water supply
159 projects from the Drinking Water State Revolving Fund, under the
160 Water Protection and Sustainability Program, and for water
161 management district cooperative funding.
162 (9) This section is not intended and may not be construed
163 to supersede s. 373.250(3).
164 Section 3. Section 403.892, Florida Statutes, is created to
165 read:
166 403.892 Incentives for the use of graywater technologies.—
167 (1) As used in this section, the term “graywater” has the
168 same meaning as in s. 381.0065(2)(e).
169 (2) To promote the beneficial reuse of water in this state,
170 a county, municipality, or special district shall do all of the
171 following:
172 (a) Authorize the use of residential graywater technologies
173 in their respective jurisdictions which comply with the Florida
174 Building Code; and
175 (b) Provide incentives to developers to fully offset the
176 costs of their beneficial reuse of water contribution through
177 graywater technology. Such incentives may include, but are not
178 limited to:
179 1. Allowing the developer density or intensity bonus
180 incentives or more floor space than allowed under the current or
181 proposed future land use designation or zoning;
182 2. Reducing or waiving fees, such as impact fees or water
183 and sewer charges; or
184 3. Granting other incentives.
185 (3) If the local government has already applied one of the
186 incentives identified in paragraph (2)(b) to the development,
187 the local government must provide the developer with an
188 additional incentive identified in paragraph (2)(b) to meet the
189 requirements of this section.
190 Section 4. (1) In implementing s. 403.8531, Florida
191 Statutes, as created by this act, the Department of
192 Environmental Protection, in coordination with one or more
193 technical working groups pursuant to subsection (2), shall adopt
194 rules for the implementation of potable reuse projects. The
195 department shall:
196 (a) Revise the appropriate chapters in the Florida
197 Administrative Code, including chapter 62-610, Florida
198 Administrative Code, to ensure that all rules implementing
199 potable reuse are in the Florida Administrative Code division 62
200 governing drinking water regulation.
201 (b) Revise existing drinking water rules to include
202 reclaimed water as a source water for the public water supply
203 and require such treatment of the water as is necessary to meet
204 existing drinking water rules, including rules for pathogens.
205 The potable reuse rules must include the implementation of a log
206 reduction credit system using advanced treatment technology to
207 meet pathogen treatment requirements, and must require a public
208 water supplier to provide an approach to meet the required
209 pathogen treatment requirements in an engineering report as part
210 of its public water supply permit application for authorization
211 of potable reuse. To ensure protection of the public health, as
212 part of the public water supply permit application to authorize
213 potable reuse, a public water supplier shall provide a
214 department-specified level of treatment or propose an approach
215 to achieving the log reduction targets based on source water
216 characterization that is sufficient for a pathogen risk of
217 infection which meets the national drinking water criteria of
218 less than 1 x 10-4 annually.
219 (c) Prescribe the means for using appropriate treatment
220 technology to address emerging constituents in potable reuse
221 projects. The advanced treatment technology must be technically
222 and economically feasible and must provide for flexibility in
223 the specific treatment processes employed to recognize different
224 project scenarios, emerging constituent concentrations, desired
225 finished water quality, and the treatment capability of the
226 facility. The advanced treatment technology may also be used for
227 pathogen removal or reduction.
228 1. The rules must require appropriate monitoring to
229 evaluate advanced treatment technology treatment performance,
230 including the monitoring of surrogate parameters and controls,
231 which monitoring must occur either before or after the advanced
232 treatment technologies treatment process, or both, as
233 appropriate.
234 2. For direct potable reuse projects, the rules must
235 require reclaimed water to be included in the source water
236 characterization for a drinking water treatment facility and, if
237 that source water characterization indicates the presence of
238 emerging constituents at levels of public health interest, must
239 specify how appropriate treatment technology will be used to
240 address those emerging constituents.
241 3. For indirect potable reuse projects, the department
242 shall amend the existing monitoring requirements contained
243 within part V of chapter 62-610, Florida Administrative Code, to
244 require monitoring for one or more representative emerging
245 constituents. The utility responsible for the indirect potable
246 reuse project shall develop an emerging constituent monitoring
247 protocol consisting of the selection of one or more
248 representative emerging constituents for monitoring and the
249 identification of action levels associated with such emerging
250 constituents. The monitoring protocol must provide that, if
251 elevated levels of the representative emerging constituent are
252 detected, the utility must report the elevated detection to the
253 department and investigate the source and cause of such elevated
254 emerging constituent. The utility shall submit the monitoring
255 protocol to the department for review and approval and shall
256 implement the monitoring protocol as approved by the department.
257 If the monitoring protocol detects an elevated emerging
258 constituent, and if the utility’s investigation indicates that
259 the use of the reclaimed water is the cause of such elevated
260 emerging constituent, the utility must develop a plan to address
261 or remedy that cause. The utility’s monitoring results,
262 investigation of any detected elevated emerging constituent
263 levels, determination of cause, and any plan developed to
264 address or remedy the cause must be submitted to the department
265 for review and approval.
266 (d) Specify industrial pretreatment requirements for
267 potable reuse projects. These industrial pretreatment
268 requirements must match the industrial pretreatment requirements
269 contained in chapter 62-625, Florida Administrative Code, as of
270 the effective date of this act. If necessary, the department
271 also must require the utility operating a potable reuse project
272 to implement a source control program, and the utility shall
273 identify the sources that need to be addressed.
274 (e) Provide off-spec reclaimed water requirements for
275 potable reuse projects which include the immediate disposal,
276 temporary storage, alternative nonpotable reuse, or retreatment
277 or disposal of off-spec reclaimed water based on operating
278 protocols established by the public water supplier and approved
279 by the department.
280 (f) Revise existing rules to specify the point of
281 compliance with drinking water standards for potable reuse
282 projects as the point where the finished water is finally
283 discharged from the drinking water treatment facility to the
284 water distribution system.
285 (g) Ensure that, as rules for potable reuse projects are
286 implemented, chapter 62-610.850, Florida Administrative Code, is
287 applicable.
288 (h) Revise the definition of the term “indirect potable
289 reuse” provided in chapter 62-610, Florida Administrative Code,
290 to match the definition provided in s. 403.8531, Florida
291 Statutes.
292 (2) The department shall convene and lead one or more
293 technical advisory committees to coordinate the rulemaking and
294 review of rules required by s. 403.8531, Florida Statutes. The
295 technical advisory committees, which shall assist in the
296 development of such rules, must be composed of knowledgeable
297 representatives of a broad group of interested stakeholders,
298 including, but not limited to, representatives from the water
299 management districts, the wastewater utility industry, the water
300 utility industry, the environmental community, the business
301 community, the public health community, and the agricultural
302 community, and consumers.
303 Section 5. To further promote the reuse of reclaimed water
304 for irrigation purposes, the rules that apply when reclaimed
305 water is injected into a receiving groundwater having 1,000 to
306 3,000 mg/L total dissolved solids are applicable to reclaimed
307 water aquifer storage and recovery wells injecting into a
308 receiving groundwater of less than 1,000 mg/L total dissolved
309 solids if the applicant demonstrates that there are no public
310 supply wells within 3,500 feet of the aquifer storage and
311 recovery wells and that it has implemented institutional
312 controls to prevent the future construction of public supply
313 wells within 3,500 feet of the aquifer storage and recovery
314 wells.
315 Section 6. The Division of Law Revision is directed to
316 replace the phrase “the effective date of this act” wherever it
317 occurs in this act with the date the act becomes a law.
318 Section 7. This act shall take effect upon becoming a law.
319
320 ================= T I T L E A M E N D M E N T ================
321 And the title is amended as follows:
322 Delete everything before the enacting clause
323 and insert:
324 A bill to be entitled
325 An act relating to reclaimed water; amending s.
326 403.064, F.S.; prohibiting domestic wastewater
327 treatment facilities from disposing of effluent,
328 reclaimed water, or reuse water by surface water
329 discharge beginning on a specified date; providing
330 exceptions; creating s. 403.8531, F.S.; providing
331 legislative intent; defining terms; providing that
332 reclaimed water is a water source for public water
333 supply systems; providing specified groundwater and
334 surface water quality protections for potable reuse
335 projects; providing that potable reuse is an
336 alternative water supply and that projects relating to
337 such reuse are eligible for alternative water supply
338 funding; requiring the Department of Environmental
339 Protection to adopt specified rules; requiring the
340 department to review reclaimed water and potable reuse
341 rules and revise them as necessary; requiring the
342 department to review aquifer recharge rules and revise
343 them as necessary; requiring the department to
344 initiate rulemaking and to submit such rules to the
345 Legislature for ratification by specified dates;
346 requiring legislative ratification of the rules;
347 requiring the department and the water management
348 districts to develop and execute, by a specified date,
349 a memorandum of agreement for the coordinated review
350 of specified permits; providing that potable reuse
351 projects by private entities are eligible for certain
352 expedited permitting and tax credits; providing
353 construction; creating s. 403.892, F.S.; defining the
354 term “graywater”; requiring counties, municipalities,
355 and special districts to authorize graywater
356 technologies under certain circumstances and to
357 provide incentives for the implementation of such
358 technologies; requiring the department to adopt rules
359 for the implementation of potable reuse projects which
360 meet certain requirements; requiring the department to
361 convene at least one technical advisory committee for
362 specified purposes; providing for the composition of
363 the advisory committee; providing for the
364 applicability of specified reclaimed water aquifer
365 storage and recovery system requirements; providing a
366 directive to the Division of Law Revision; providing
367 an effective date.
368
369 WHEREAS, sustainable water supplies are important to this
370 state’s economy, environment, and quality of life, and
371 WHEREAS, in 2019, Floridians used nearly 6.5 billion
372 gallons of water per day and are projected to need an additional
373 1.1 billion gallons of water per day by 2035, and
374 WHEREAS, more than 75 percent of this state’s water supply
375 comes from groundwater, and the availability of additional fresh
376 groundwater has become limited in many areas of this state, and
377 WHEREAS, this state’s continued growth and economic success
378 depend on the implementation of safe and sustainable alternative
379 water supplies, and
380 WHEREAS, the use of reclaimed water is an important
381 component of both wastewater management and water resource
382 management in this state, and
383 WHEREAS, in 2018, approximately 48 percent of the total
384 domestic wastewater flow in this state, 797 million gallons per
385 day, was reused for beneficial purposes, and
386 WHEREAS, the reuse of water is a critical component of
387 meeting this state’s existing and future water supply needs, and
388 WHEREAS, potable reuse is the augmentation of a drinking
389 water supply with reclaimed water from a municipal wastewater
390 source and is an alternative water supply source that can be
391 harnessed to help meet the additional water needs of this state
392 while protecting both the public health and the environment, and
393 WHEREAS, the Legislature finds that through the use of
394 advanced treatment technology, potable reuse is a safe and
395 sustainable alternative water supply source that can be used to
396 support a diverse, resilient, and sustainable water supply
397 portfolio, and is considered to be in the public interest, and
398 WHEREAS, potable reuse projects, when implemented in a
399 properly planned way using current environmental and engineered
400 treatment processes, have reduced, and will continue to reduce,
401 this state’s dependence on increased withdrawals from
402 groundwater and surface water sources, pollutant loadings to
403 waters of the state, and the nonbeneficial use of reclaimed
404 water, thus improving water quality and benefitting the
405 environment and local economies that depend on this state’s
406 natural resources, NOW, THEREFORE,