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.