Florida Senate - 2020 CS for CS for SB 1656
By the Committees on Governmental Oversight and Accountability;
and Innovation, Industry, and Technology; and Senator Albritton
585-03765-20 20201656c2
1 A bill to be entitled
2 An act relating to reclaimed water; amending s.
3 403.064, F.S.; prohibiting domestic wastewater
4 treatment facilities from disposing of effluent,
5 reclaimed water, or reuse water by surface water
6 discharge beginning on a specified date; providing
7 exceptions; creating s. 403.8531, F.S.; providing
8 legislative intent; defining terms; providing that
9 reclaimed water is a water source for public water
10 supply systems; providing specified groundwater and
11 surface water quality protections for potable reuse
12 projects; providing that potable reuse is an
13 alternative water supply and that projects relating to
14 such reuse are eligible for alternative water supply
15 funding; requiring the Department of Environmental
16 Protection to adopt specified rules; requiring the
17 department to review reclaimed water and potable reuse
18 rules and revise them as necessary; requiring the
19 department to review aquifer recharge rules and revise
20 them as necessary; requiring the department to
21 initiate rulemaking and to submit such rules to the
22 Legislature for approval by a specified date;
23 prohibiting such rules from being published as
24 administrative rules; requiring the department and the
25 water management districts to develop and execute, by
26 a specified date, a memorandum of agreement for the
27 coordinated review of specified permits; providing
28 that potable reuse projects are eligible for certain
29 expedited permitting and tax credits; providing
30 construction; creating s. 403.892, F.S.; defining
31 terms; requiring counties, municipalities, and special
32 districts to authorize graywater technologies under
33 certain circumstances and to provide incentives for
34 the implementation of such technologies; providing
35 requirements for the use of graywater technologies;
36 requiring the department to convene at least one
37 technical advisory groups for a specified purpose;
38 providing for the composition of the technical
39 advisory group; providing for the applicability of
40 specified reclaimed water aquifer storage and recovery
41 well requirements; providing a directive to the
42 Division of Law Revision; providing a declaration of
43 important state interest; providing an effective date.
44
45 WHEREAS, sustainable water supplies are important to this
46 state’s economy, environment, and quality of life, and
47 WHEREAS, in 2019, Floridians used nearly 6.5 billion
48 gallons of water per day and are projected to need an additional
49 1.1 billion gallons of water per day by 2035, and
50 WHEREAS, more than 75 percent of this state’s water supply
51 comes from groundwater, and the availability of additional fresh
52 groundwater has become limited in many areas of this state, and
53 WHEREAS, this state’s continued growth and economic success
54 depend on the implementation of safe and sustainable alternative
55 water supplies, and
56 WHEREAS, the use of reclaimed water is an important
57 component of both wastewater management and water resource
58 management in this state, and
59 WHEREAS, in 2018, approximately 48 percent of the total
60 domestic wastewater flow in this state, 797 million gallons per
61 day, was reused for beneficial purposes, and
62 WHEREAS, the reuse of water is a critical component of
63 meeting this state’s existing and future water supply needs, and
64 WHEREAS, potable reuse is the augmentation of a drinking
65 water supply with reclaimed water from a municipal wastewater
66 source and is an alternative water supply source that can be
67 harnessed to help meet the additional water needs of this state
68 while protecting both the public health and the environment, and
69 WHEREAS, the Legislature finds that through the use of
70 advanced treatment technology, potable reuse is a safe and
71 sustainable alternative water supply source that can be used to
72 support a diverse, resilient, and sustainable water supply
73 portfolio, and is considered to be in the public interest, and
74 WHEREAS, potable reuse projects, when implemented in a
75 properly planned way using current environmental and engineered
76 treatment processes, have reduced, and will continue to reduce,
77 this state’s dependence on increased withdrawals from
78 groundwater and surface water sources, pollutant loadings to
79 waters of the state, and the nonbeneficial use of reclaimed
80 water, thus improving water quality and benefitting the
81 environment and local economies that depend on this state’s
82 natural resources, NOW, THEREFORE,
83
84 Be It Enacted by the Legislature of the State of Florida:
85
86 Section 1. Subsection (17) is added to section 403.064,
87 Florida Statutes, to read:
88 403.064 Reuse of reclaimed water.—
89 (17) Notwithstanding any other provisions in this section
90 to the contrary, beginning January 1, 2026, domestic wastewater
91 treatment facilities may not dispose of effluent, reclaimed
92 water, or reuse water by surface water discharge, except that
93 this prohibition does not apply to indirect potable reuse
94 projects; domestic wastewater treatment facility discharges
95 during wet weather which occur in accordance with the applicable
96 department permit; discharges into a stormwater management
97 system which are subsequently withdrawn by a user for irrigation
98 purposes; domestic wastewater treatment facilities located in
99 fiscally constrained counties as defined in s. 218.67(1);
100 projects where reclaimed water is recovered from an aquifer
101 recharge system and subsequently discharged into a surface water
102 for potable reuse; wetlands creation, restoration, and
103 enhancement projects; minimum flows and levels recovery or
104 prevention strategy plan projects; domestic wastewater treatment
105 facilities with reuse systems that provide a minimum of 90
106 percent of a facility’s annual average flow, as determined by
107 the department using monitoring data for the prior 5 consecutive
108 years, for reuse purposes authorized by the department; domestic
109 wastewater treatment facilities located in municipalities that
110 have less than $10 million in total revenue, as determined by
111 the most recent annual financial report submitted to the
112 Department of Financial Services in accordance with s. 218.32;
113 or domestic wastewater treatment facilities located in
114 municipalities that are entirely within a rural area of
115 opportunity designated under s. 288.0656.
116 Section 2. Section 403.8531, Florida Statutes, is created
117 to read:
118 403.8531 Potable reuse.—
119 (1) Recognizing that sufficient water supply is imperative
120 to the future of this state and that potable reuse is one source
121 of water which may assist in meeting future demands, the
122 Legislature intends for the department to adopt rules for
123 potable reuse which:
124 (a) Protect the public health and environment by ensuring
125 that the potable reuse rules meet federal and state drinking
126 water and water quality standards, including, but not limited
127 to, the Clean Water Act, the Safe Drinking Water Act, and water
128 quality standards pursuant to chapter 403, and, when possible,
129 implement such rules through existing regulatory programs.
130 (b) Support reclaimed water being used for potable reuse
131 purposes.
132 (c) Implement the recommendations set forth in the Potable
133 Reuse Commission’s 2020 report “Advancing Potable Reuse in
134 Florida: Framework for the Implementation of Potable Reuse in
135 Florida.”
136 (d) Require that the point of compliance with drinking
137 water standards for potable reuse projects is the final
138 discharge point for finished water from the water treatment
139 facility.
140 (e) Protect the aquifer and Florida’s springs and surface
141 waters by ensuring that potable reuse projects do not cause or
142 contribute to violations of water quality standards in surface
143 waters, including groundwater discharges that flow by interflow
144 and affect water quality in surface waters, and that potable
145 reuse projects shall be designed and operated to ensure
146 compliance with groundwater quality standards.
147 (2) As used in this section, the term:
148 (a) “Advanced treated reclaimed water” means the water
149 produced from an advanced water treatment process for potable
150 reuse applications.
151 (b) “Advanced treatment technology” means the treatment
152 technology selected by a utility to address emerging
153 constituents and pathogens in reclaimed water as part of a
154 potable reuse project.
155 (c) “Direct potable reuse” means the introduction of
156 advanced treated reclaimed water into a raw water supply
157 immediately upstream from a drinking water treatment facility or
158 directly into a potable water supply distribution system.
159 (d) “Emerging constituents” means pharmaceuticals, personal
160 care products, and other chemicals not regulated as part of
161 drinking water quality standards.
162 (e) “Indirect potable reuse” means the planned delivery or
163 discharge of reclaimed water to groundwater or surface waters
164 for the development of, or to supplement, the potable water
165 supply.
166 (f) “Off-spec reclaimed water” means reclaimed water that
167 does not meet the standards for potable reuse.
168 (g) “Potable reuse” means the augmentation of a drinking
169 water supply with advanced treated reclaimed water from a
170 domestic wastewater treatment facility, and consists of direct
171 potable reuse and indirect potable reuse.
172 (h) “Reclaimed water” has the same meaning as in s.
173 373.019.
174 (3) To comply with drinking water quality standards,
175 reclaimed water is deemed a water source for public water supply
176 systems.
177 (4) Existing water quality protections that prohibit
178 discharges from causing or contributing to violations of water
179 quality standards in groundwater and surface water apply to
180 potable reuse projects. In addition, when reclaimed water is
181 released or discharged into groundwater or surface water for
182 potable reuse purposes, there shall be a consideration of
183 emerging constituents and impacts to other users of such
184 groundwater or surface water.
185 (5) Potable reuse is an alternative water supply as defined
186 in s. 373.019, and potable reuse projects are eligible for
187 alternative water supply funding. The use of potable reuse water
188 may not be excluded from regional water supply planning under s.
189 373.709.
190 (6) The department shall:
191 (a) Adopt rules that authorize potable reuse projects that
192 are consistent with this section.
193 (b) Review existing rules governing reclaimed water and
194 potable reuse to identify obsolete and inconsistent requirements
195 and adopt rules that revise existing potable reuse rules to
196 eliminate such inconsistencies, while maintaining existing
197 public health and environmental protections.
198 (c) Review aquifer recharge rules and, if revisions are
199 necessary to ensure continued compliance with existing public
200 health and environmental protection rules when reclaimed water
201 is used for aquifer recharge, adopt such rules.
202 (d) Initiate rulemaking by December 31, 2020, and submit
203 the adopted rules to the President of the Senate and the Speaker
204 of the House of Representatives by December 12, 2021, for
205 approval and incorporation into chapter 403 by the Legislature.
206 Such rules may not be published as administrative rules by the
207 department.
208 (7) The department and the water management districts shall
209 develop and execute a memorandum of agreement providing for the
210 procedural requirements of a coordinated review of all permits
211 associated with the construction and operation of an indirect
212 potable reuse project. The memorandum of agreement must provide
213 that the coordinated review will occur only if requested by a
214 permittee. The purpose of the coordinated review is to share
215 information, avoid the redundancy of information requested from
216 the permittee, and ensure consistency in the permit for the
217 protection of the public health and the environment. The
218 department and the water management districts shall develop and
219 execute the memorandum of agreement by December 31, 2022.
220 (8) To encourage investment in the development of potable
221 reuse projects by private entities, a potable reuse project
222 developed as a qualifying project pursuant to s. 255.065 is:
223 (a) Beginning January 1, 2025, eligible for expedited
224 permitting under s. 403.973.
225 (b) Granted an annual credit against the tax imposed by
226 chapter 220 in an amount equal to 5 percent of the eligible
227 capital costs generated by a qualifying project for a period not
228 to exceed 20 years after the date that project operations begin.
229 The tax credit applies only to the corporate income tax
230 liability or the premium tax liability generated by or arising
231 out of the qualifying project, and the sum of all tax credits
232 provided pursuant to this section may not exceed 100 percent of
233 the eligible capital costs as defined in s. 220.191(1)(c). Any
234 credit granted pursuant to this paragraph may not be carried
235 forward or backward.
236 (c) Granted a 3-year extension of any deadlines imposed
237 under s. 403.064(17).
238 (d) Consistent with s. 373.707, eligible for priority
239 funding in the same manner as other alternative water supply
240 projects from the Drinking Water State Revolving Fund, under the
241 Water Protection and Sustainability Program, and for water
242 management district cooperative funding.
243 (9) This section is not intended and may not be construed
244 to supersede s. 373.250(3).
245 Section 3. Section 403.892, Florida Statutes, is created to
246 read:
247 403.892 Incentives for the use of graywater technologies.—
248 (1) As used in this section, the term:
249 (a) “Developer” has the same meaning as in s. 380.031.
250 (b) “Graywater” has the same meaning as in s.
251 381.0065(2)(e).
252 (2) To promote the beneficial reuse of water in this state,
253 a county, municipality, or special district shall:
254 (a) Authorize the use of residential graywater technologies
255 in its jurisdiction which meet the applicable requirements of
256 subsections (3) through (7), the Florida Building Code, and the
257 Department of Health and which have received all applicable
258 regulatory permits or authorizations; and
259 (b) Provide incentives to developers to fully offset the
260 capital costs of the technology, including the costs of
261 installation if the developer submits a proof of purchase within
262 6 months after incurring such costs, to fully realize the
263 beneficial reuse of water contribution where the developer or
264 homebuilder installs graywater technology and meets the
265 requirements of subsections (3) through (7) in at least 25
266 residential units of a proposed development. Incentives may
267 include, but need not be limited to, density or intensity bonus
268 incentives or more air-conditioned and living space.
269 (3) The residential graywater technologies must be wholly
270 located on an individual residential lot or structure and used
271 solely to reuse graywater for use in toilets located within the
272 residential lot or structure. The quality of the water
273 discharged by the system for reuse must meet the NSF 350
274 standard for toilet flushing.
275 (4) The developer shall provide to the applicable
276 governmental entity, as part of its application for development
277 approval for the proposed residential properties, a
278 manufacturer’s warranty or data providing reasonable assurance
279 that the proposed residential graywater system will function as
280 designed, including an estimate of anticipated potable water
281 savings for each system. A submittal of the manufacturer’s
282 warranty or data from a building code official or governmental
283 entity that has monitored or measured the residential graywater
284 system is acceptable as reasonable assurance.
285 (5) The developer shall provide to the applicable
286 governmental entity, as part of the developer’s application for
287 development approval for the proposed residential units,
288 documentation that the individual graywater system will be
289 maintained for the life of the system in accordance with the
290 manufacturer’s or installer’s recommendations.
291 (6) The residential property owner, homeowners’
292 association, or manufacturer is responsible for the maintenance
293 of the system.
294 (7) The developer shall provide an operation and
295 maintenance manual for the system to the initial residential
296 property owner. The manual must provide a method of contacting
297 the installer or manufacturer and must include directions to the
298 owner or occupant that the manual must remain with the residence
299 throughout the life cycle of the system.
300 (8) The installation of residential graywater systems in a
301 county or municipality in accordance with this section shall
302 qualify as a water conservation measure in a public water
303 utility’s water conservation plan pursuant to s. 373.227. The
304 efficiency of the conservation measure must be commensurate with
305 the amount of potable water savings estimated for each system
306 provided by the developer pursuant to subsection (4).
307 Section 4. (1) In implementing s. 403.8531, Florida
308 Statutes, as created by this act, the Department of
309 Environmental Protection, in coordination with one or more
310 technical advisory groups pursuant to subsection (2), shall
311 adopt rules for the implementation of potable reuse projects.
312 The department shall:
313 (a) Revise the appropriate chapters in the Florida
314 Administrative Code, including chapter 62-610, Florida
315 Administrative Code, to ensure that all rules implementing
316 potable reuse are in the Florida Administrative Code division 62
317 governing drinking water regulation.
318 (b) Revise existing drinking water rules to include
319 reclaimed water as a source water for the public water supply
320 and require such treatment of the water as is necessary to meet
321 existing drinking water rules, including rules for pathogens.
322 The potable reuse rules must include the implementation of a log
323 reduction credit system using advanced treatment technology to
324 meet pathogen treatment requirements, and must require a public
325 water supplier to provide an approach to meet the pathogen
326 treatment requirements in an engineering report as part of its
327 public water supply permit application for authorization of
328 potable reuse. To ensure protection of the public health, as
329 part of the public water supply permit application to authorize
330 potable reuse, a public water supplier shall provide a
331 department-specified level of treatment or propose an approach
332 to achieving the log reduction targets based on source water
333 characterization that is sufficient for a pathogen risk of
334 infection which meets the national drinking water criteria of
335 less than 1 x 10-4 annually.
336 (c) Prescribe the means for using appropriate treatment
337 technology to address emerging constituents in potable reuse
338 projects. The advanced treatment technology must be technically
339 and economically feasible and must provide for flexibility in
340 the specific treatment processes employed to recognize different
341 project scenarios, emerging constituent concentrations, desired
342 finished water quality, and the treatment capability of the
343 facility. The advanced treatment technology may also be used for
344 pathogen removal or reduction.
345 1. The rules must require appropriate monitoring to
346 evaluate the performance of the advanced treatment technology,
347 including the monitoring of surrogate parameters and controls,
348 which monitoring must occur either before or after the advanced
349 treatment technology process, or both, as appropriate.
350 2. For direct potable reuse projects, the rules must
351 require reclaimed water to be included in the source water
352 characterization for a drinking water treatment facility and, if
353 that source water characterization indicates the presence of
354 emerging constituents at levels of public health interest, must
355 specify how appropriate treatment technology will be used to
356 address those emerging constituents.
357 3. For indirect potable reuse projects, the department
358 shall amend the existing monitoring requirements contained
359 within part V of chapter 62-610, Florida Administrative Code, to
360 require monitoring for one or more representative emerging
361 constituents. The utility responsible for the indirect potable
362 reuse project shall develop an emerging constituent monitoring
363 protocol consisting of the selection of one or more
364 representative emerging constituents for monitoring and the
365 identification of action levels associated with such emerging
366 constituents. The monitoring protocol must provide that, if
367 elevated levels of the representative emerging constituent are
368 detected, the utility must report the elevated detection to the
369 department and investigate the source and cause of such elevated
370 emerging constituent. The utility shall submit the monitoring
371 protocol to the department for review and approval and shall
372 implement the monitoring protocol as approved by the department.
373 If the monitoring protocol detects an elevated emerging
374 constituent, and if the utility’s investigation indicates that
375 the use of the reclaimed water is the cause of such elevated
376 emerging constituent, the utility must develop a plan to address
377 or remedy that cause. The utility’s monitoring results,
378 investigation of any detected elevated emerging constituent
379 levels, determination of cause, and any plan developed to
380 address or remedy the cause must be submitted to the department
381 for review and approval.
382 (d) Specify industrial pretreatment requirements for
383 potable reuse projects. These industrial pretreatment
384 requirements must match the industrial pretreatment requirements
385 contained in chapter 62-625, Florida Administrative Code, as of
386 the effective date of this act. If necessary, the department
387 also must require the utility operating a potable reuse project
388 to implement a source control program, and the utility shall
389 identify the sources that need to be addressed.
390 (e) Provide off-spec reclaimed water requirements for
391 potable reuse projects which include the immediate disposal,
392 temporary storage, alternative nonpotable reuse, or retreatment
393 or disposal of off-spec reclaimed water based on operating
394 protocols established by the public water supplier and approved
395 by the department.
396 (f) Revise existing rules to specify the point of
397 compliance with drinking water standards for potable reuse
398 projects as the point where the finished water is finally
399 discharged from the drinking water treatment facility to the
400 water distribution system.
401 (g) Ensure that, as rules for potable reuse projects are
402 implemented, chapter 62-610.850, Florida Administrative Code, is
403 applicable.
404 (h) Revise the definition of the term “indirect potable
405 reuse” provided in chapter 62-610, Florida Administrative Code,
406 to match the definition provided in s. 403.8531, Florida
407 Statutes.
408 (2) The department shall convene and lead one or more
409 technical advisory groups to coordinate the rulemaking and
410 review of rules required by s. 403.8531, Florida Statutes. The
411 technical advisory group, which shall assist in the development
412 of such rules, must be composed of knowledgeable representatives
413 of a broad group of interested stakeholders, including, but not
414 limited to, representatives from the water management districts,
415 the wastewater utility industry, the water utility industry, the
416 environmental community, the business community, the public
417 health community, and the agricultural community, and consumers.
418 Section 5. To further promote the reuse of reclaimed water
419 for irrigation purposes, the rules that apply when reclaimed
420 water is injected into a receiving groundwater that has 1,000 to
421 3,000 mg/L total dissolved solids are applicable to reclaimed
422 water aquifer storage and recovery wells injecting into a
423 receiving groundwater of less than 1,000 mg/L total dissolved
424 solids if the applicant demonstrates that it is injecting into a
425 confined aquifer, that there are no public supply wells within
426 3,500 feet of the aquifer storage and recovery wells, and that
427 it has implemented institutional controls to prevent the future
428 construction of public supply wells within 3,500 feet of the
429 aquifer storage and recovery wells. This section may not be
430 construed to exempt the reclaimed water aquifer storage and
431 recovery wells from requirements that prohibit the causing or
432 contribution to violations of water quality standards in surface
433 water, including groundwater discharges that flow by interflow
434 and affect water quality in surface water.
435 Section 6. The Division of Law Revision is directed to
436 replace the phrase “the effective date of this act” wherever it
437 occurs in this act with the date the act becomes a law.
438 Section 7. The Legislature determines and declares that
439 this act fulfills an important state interest.
440 Section 8. This act shall take effect upon becoming a law.