Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. CS for SB 1656 Ì672040jÎ672040 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/17/2020 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Governmental Oversight and Accountability (Albritton) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 172 - 398 4 and insert: 5 (h) “Reclaimed water” has the same meaning as in s. 6 373.019. 7 (3) To comply with drinking water quality standards, 8 reclaimed water is deemed a water source for public water supply 9 systems. 10 (4) Existing water quality protections that prohibit 11 discharges from causing or contributing to violations of water 12 quality standards in groundwater and surface water apply to 13 potable reuse projects. In addition, when reclaimed water is 14 released or discharged into groundwater or surface water for 15 potable reuse purposes, there shall be a consideration of 16 emerging constituents and impacts to other users of such 17 groundwater or surface water. 18 (5) Potable reuse is an alternative water supply as defined 19 in s. 373.019, and potable reuse projects are eligible for 20 alternative water supply funding. The use of potable reuse water 21 may not be excluded from regional water supply planning under s. 22 373.709. 23 (6) The department shall: 24 (a) Adopt rules that authorize potable reuse projects that 25 are consistent with this section. 26 (b) Review existing rules governing reclaimed water and 27 potable reuse to identify obsolete and inconsistent requirements 28 and adopt rules that revise existing potable reuse rules to 29 eliminate such inconsistencies, while maintaining existing 30 public health and environmental protections. 31 (c) Review aquifer recharge rules and, if revisions are 32 necessary to ensure continued compliance with existing public 33 health and environmental protection rules when reclaimed water 34 is used for aquifer recharge, adopt such rules. 35 (d) Initiate rulemaking by December 31, 2020, and submit 36 the adopted rules to the President of the Senate and the Speaker 37 of the House of Representatives by December 12, 2021, for 38 approval and incorporation into chapter 403 by the Legislature. 39 Such rules may not be published as administrative rules by the 40 department. 41 (7) The department and the water management districts shall 42 develop and execute a memorandum of agreement providing for the 43 procedural requirements of a coordinated review of all permits 44 associated with the construction and operation of an indirect 45 potable reuse project. The memorandum of agreement must provide 46 that the coordinated review will occur only if requested by a 47 permittee. The purpose of the coordinated review is to share 48 information, avoid the redundancy of information requested from 49 the permittee, and ensure consistency in the permit for the 50 protection of the public health and the environment. The 51 department and the water management districts shall develop and 52 execute the memorandum of agreement by December 31, 2022. 53 (8) To encourage investment in the development of potable 54 reuse projects by private entities, a potable reuse project 55 developed as a qualifying project pursuant to s. 255.065 is: 56 (a) Beginning January 1, 2025, eligible for expedited 57 permitting under s. 403.973. 58 (b) Granted an annual credit against the tax imposed by 59 chapter 220 in an amount equal to 5 percent of the eligible 60 capital costs generated by a qualifying project for a period not 61 to exceed 20 years after the date that project operations begin. 62 The tax credit applies only to the corporate income tax 63 liability or the premium tax liability generated by or arising 64 out of the qualifying project, and the sum of all tax credits 65 provided pursuant to this section may not exceed 100 percent of 66 the eligible capital costs as defined in s. 220.191(1)(c). Any 67 credit granted pursuant to this paragraph may not be carried 68 forward or backward. 69 (c) Granted a 3-year extension of any deadlines imposed 70 under s. 403.064(17). 71 (d) Consistent with s. 373.707, eligible for priority 72 funding in the same manner as other alternative water supply 73 projects from the Drinking Water State Revolving Fund, under the 74 Water Protection and Sustainability Program, and for water 75 management district cooperative funding. 76 (9) This section is not intended and may not be construed 77 to supersede s. 373.250(3). 78 Section 3. Section 403.892, Florida Statutes, is created to 79 read: 80 403.892 Incentives for the use of graywater technologies.— 81 (1) As used in this section, the term: 82 (a) “Developer” has the same meaning as in s. 380.031. 83 (b) “Graywater” has the same meaning as in s. 84 381.0065(2)(e). 85 (2) To promote the beneficial reuse of water in this state, 86 a county, municipality, or special district shall: 87 (a) Authorize the use of residential graywater technologies 88 in its jurisdiction which meet the applicable requirements of 89 subsections (3) through (7), the Florida Building Code, and the 90 Department of Health and which have received all applicable 91 regulatory permits or authorizations; and 92 (b) Provide incentives to developers to fully offset the 93 capital costs of the technology, including the costs of 94 installation if the developer submits a proof of purchase within 95 6 months after incurring such costs, to fully realize the 96 beneficial reuse of water contribution where the developer or 97 homebuilder installs graywater technology and meets the 98 requirements of subsections (3) through (7) in at least 25 99 residential units of a proposed development. Incentives may 100 include, but need not be limited to, density or intensity bonus 101 incentives or more air-conditioned and living space. 102 (3) The residential graywater technologies must be wholly 103 located on an individual residential lot or structure and used 104 solely to reuse graywater for use in toilets located within the 105 residential lot or structure. The quality of the water 106 discharged by the system for reuse must meet the NSF 350 107 standard for toilet flushing. 108 (4) The developer shall provide to the applicable 109 governmental entity, as part of its application for development 110 approval for the proposed residential properties, a 111 manufacturer’s warranty or data providing reasonable assurance 112 that the proposed residential graywater system will function as 113 designed, including an estimate of anticipated potable water 114 savings for each system. A submittal of the manufacturer’s 115 warranty or data from a building code official or governmental 116 entity that has monitored or measured the residential graywater 117 system is acceptable as reasonable assurance. 118 (5) The developer shall provide to the applicable 119 governmental entity, as part of the developer’s application for 120 development approval for the proposed residential units, 121 documentation that the individual graywater system will be 122 maintained for the life of the system in accordance with the 123 manufacturer’s or installer’s recommendations. 124 (6) The residential property owner, homeowners’ 125 association, or manufacturer is responsible for the maintenance 126 of the system. 127 (7) The developer shall provide an operation and 128 maintenance manual for the system to the initial residential 129 property owner. The manual must provide a method of contacting 130 the installer or manufacturer and must include directions to the 131 owner or occupant that the manual must remain with the residence 132 throughout the life cycle of the system. 133 (8) The installation of residential graywater systems in a 134 county or municipality in accordance with this section shall 135 qualify as a water conservation measure in a public water 136 utility’s water conservation plan pursuant to s. 373.227. The 137 efficiency of the conservation measure must be commensurate with 138 the amount of potable water savings estimated for each system 139 provided by the developer pursuant to subsection (4). 140 Section 4. (1) In implementing s. 403.8531, Florida 141 Statutes, as created by this act, the Department of 142 Environmental Protection, in coordination with one or more 143 technical working groups pursuant to subsection (2), shall adopt 144 rules for the implementation of potable reuse projects. The 145 department shall: 146 (a) Revise the appropriate chapters in the Florida 147 Administrative Code, including chapter 62-610, Florida 148 Administrative Code, to ensure that all rules implementing 149 potable reuse are in the Florida Administrative Code division 62 150 governing drinking water regulation. 151 (b) Revise existing drinking water rules to include 152 reclaimed water as a source water for the public water supply 153 and require such treatment of the water as is necessary to meet 154 existing drinking water rules, including rules for pathogens. 155 The potable reuse rules must include the implementation of a log 156 reduction credit system using advanced treatment technology to 157 meet pathogen treatment requirements, and must require a public 158 water supplier to provide an approach to meet the pathogen 159 treatment requirements in an engineering report as part of its 160 public water supply permit application for authorization of 161 potable reuse. To ensure protection of the public health, as 162 part of the public water supply permit application to authorize 163 potable reuse, a public water supplier shall provide a 164 department-specified level of treatment or propose an approach 165 to achieving the log reduction targets based on source water 166 characterization that is sufficient for a pathogen risk of 167 infection which meets the national drinking water criteria of 168 less than 1 x 10-4 annually. 169 (c) Prescribe the means for using appropriate treatment 170 technology to address emerging constituents in potable reuse 171 projects. The advanced treatment technology must be technically 172 and economically feasible and must provide for flexibility in 173 the specific treatment processes employed to recognize different 174 project scenarios, emerging constituent concentrations, desired 175 finished water quality, and the treatment capability of the 176 facility. The advanced treatment technology may also be used for 177 pathogen removal or reduction. 178 1. The rules must require appropriate monitoring to 179 evaluate the performance of the advanced treatment technology, 180 including the monitoring of surrogate parameters and controls, 181 which monitoring must occur either before or after the advanced 182 treatment technology process, or both, as appropriate. 183 2. For direct potable reuse projects, the rules must 184 require reclaimed water to be included in the source water 185 characterization for a drinking water treatment facility and, if 186 that source water characterization indicates the presence of 187 emerging constituents at levels of public health interest, must 188 specify how appropriate treatment technology will be used to 189 address those emerging constituents. 190 3. For indirect potable reuse projects, the department 191 shall amend the existing monitoring requirements contained 192 within part V of chapter 62-610, Florida Administrative Code, to 193 require monitoring for one or more representative emerging 194 constituents. The utility responsible for the indirect potable 195 reuse project shall develop an emerging constituent monitoring 196 protocol consisting of the selection of one or more 197 representative emerging constituents for monitoring and the 198 identification of action levels associated with such emerging 199 constituents. The monitoring protocol must provide that, if 200 elevated levels of the representative emerging constituent are 201 detected, the utility must report the elevated detection to the 202 department and investigate the source and cause of such elevated 203 emerging constituent. The utility shall submit the monitoring 204 protocol to the department for review and approval and shall 205 implement the monitoring protocol as approved by the department. 206 If the monitoring protocol detects an elevated emerging 207 constituent, and if the utility’s investigation indicates that 208 the use of the reclaimed water is the cause of such elevated 209 emerging constituent, the utility must develop a plan to address 210 or remedy that cause. The utility’s monitoring results, 211 investigation of any detected elevated emerging constituent 212 levels, determination of cause, and any plan developed to 213 address or remedy the cause must be submitted to the department 214 for review and approval. 215 (d) Specify industrial pretreatment requirements for 216 potable reuse projects. These industrial pretreatment 217 requirements must match the industrial pretreatment requirements 218 contained in chapter 62-625, Florida Administrative Code, as of 219 the effective date of this act. If necessary, the department 220 also must require the utility operating a potable reuse project 221 to implement a source control program, and the utility shall 222 identify the sources that need to be addressed. 223 (e) Provide off-spec reclaimed water requirements for 224 potable reuse projects which include the immediate disposal, 225 temporary storage, alternative nonpotable reuse, or retreatment 226 or disposal of off-spec reclaimed water based on operating 227 protocols established by the public water supplier and approved 228 by the department. 229 (f) Revise existing rules to specify the point of 230 compliance with drinking water standards for potable reuse 231 projects as the point where the finished water is finally 232 discharged from the drinking water treatment facility to the 233 water distribution system. 234 (g) Ensure that, as rules for potable reuse projects are 235 implemented, chapter 62-610.850, Florida Administrative Code, is 236 applicable. 237 (h) Revise the definition of the term “indirect potable 238 reuse” provided in chapter 62-610, Florida Administrative Code, 239 to match the definition provided in s. 403.8531, Florida 240 Statutes. 241 (2) The department shall convene and lead one or more 242 technical advisory groups to coordinate the rulemaking and 243 review of rules required by s. 403.8531, Florida Statutes. The 244 technical advisory committees, which shall assist in the 245 development of such rules, must be composed of knowledgeable 246 representatives of a broad group of interested stakeholders, 247 including, but not limited to, representatives from the water 248 management districts, the wastewater utility industry, the water 249 utility industry, the environmental community, the business 250 community, the public health community, and the agricultural 251 community, and consumers. 252 Section 5. To further promote the reuse of reclaimed water 253 for irrigation purposes, the rules that apply when reclaimed 254 water is injected into a receiving groundwater that has 1,000 to 255 3,000 mg/L total dissolved solids are applicable to reclaimed 256 water aquifer storage and recovery wells injecting into a 257 receiving groundwater of less than 1,000 mg/L total dissolved 258 solids if the applicant demonstrates that it is injecting into a 259 confined aquifer, that there are no public supply wells within 260 3,500 feet of the aquifer storage and recovery wells, and that 261 it has implemented institutional controls to prevent the future 262 construction of public supply wells within 3,500 feet of the 263 aquifer storage and recovery wells. This section may not be 264 construed to exempt the reclaimed water aquifer storage and 265 recovery wells from requirements that prohibit the causing or 266 contribution to violations of water quality standards in surface 267 water, including groundwater discharges that flow by interflow 268 and affect water quality in surface water. 269 270 ================= T I T L E A M E N D M E N T ================ 271 And the title is amended as follows: 272 Delete lines 22 - 35 273 and insert: 274 Legislature for approval by specified dates; providing 275 that such rules are only effective upon approval and 276 incorporation into the Florida Statutes by the 277 Legislature; requiring the department and the water 278 management districts to develop and execute, by a 279 specified date, a memorandum of agreement for the 280 coordinated review of specified permits; providing 281 that potable reuse projects are eligible for certain 282 expedited permitting and tax credits; providing 283 construction; creating s. 403.892, F.S.; defining 284 terms; requiring counties, municipalities, and special 285 districts to authorize graywater technologies under 286 certain circumstances and to provide incentives for 287 the implementation of such technologies; providing 288 requirements for the use of graywater technologies; 289 requiring the department to