Florida Senate - 2021                               CS for SB 64
       By the Committee on Environment and Natural Resources; and
       Senator Albritton
       592-01945-21                                            202164c1
    1                        A bill to be entitled                      
    2         An act relating to reclaimed water; amending s.
    3         403.064, F.S.; requiring certain domestic wastewater
    4         utilities to submit to the Department of Environmental
    5         Protection by a specified date a plan for eliminating
    6         nonbeneficial surface water discharge within a
    7         specified timeframe; providing requirements for the
    8         plan; requiring the department to approve plans that
    9         meet certain requirements; requiring the department to
   10         make a determination regarding a plan within a
   11         specified timeframe; requiring the utilities to
   12         implement approved plans by specified dates; providing
   13         for administrative and civil penalties; requiring
   14         certain utilities to submit updated annual plans until
   15         certain conditions are met; requiring domestic
   16         wastewater utilities applying for permits for new or
   17         expanded surface water discharges to prepare a
   18         specified plan for eliminating nonbeneficial
   19         discharges as part of its permit application;
   20         requiring the department to submit an annual report to
   21         the Legislature by a specified date; providing
   22         applicability; providing construction; authorizing the
   23         department to convene and lead one or more technical
   24         advisory groups; providing that potable reuse is an
   25         alternative water supply and that projects relating to
   26         such reuse are eligible for alternative water supply
   27         funding; requiring the department and the water
   28         management districts to develop and execute, by a
   29         specified date, a memorandum of agreement for the
   30         coordinated review of specified permits; providing
   31         that potable reuse projects are eligible for certain
   32         expedited permitting and priority funding; providing
   33         construction; creating s. 403.892, F.S.; defining
   34         terms; requiring counties, municipalities, and special
   35         districts to authorize graywater technologies under
   36         certain circumstances and to provide incentives for
   37         the implementation of such technologies; providing
   38         requirements for the use of graywater technologies;
   39         providing that the installation of residential
   40         graywater systems meets certain public utility water
   41         conservation measure requirements; providing for the
   42         applicability of specified reclaimed water aquifer
   43         storage and recovery well requirements; providing a
   44         declaration of important state interest; providing an
   45         effective date.
   47  Be It Enacted by the Legislature of the State of Florida:
   49         Section 1. Present subsection (17) of section 403.064,
   50  Florida Statutes, is redesignated as subsection (18) and
   51  amended, and a new subsection (17) is added to that section, to
   52  read:
   53         403.064 Reuse of reclaimed water.—
   54         (17)By November 1, 2021, domestic wastewater utilities
   55  that dispose of effluent, reclaimed water, or reuse water by
   56  surface water discharge shall submit to the department for
   57  review and approval a plan for eliminating nonbeneficial surface
   58  water discharge within 5 years, subject to the requirements of
   59  this section. The plan must include the average gallons per day
   60  of effluent, reclaimed water, or reuse water which will no
   61  longer be discharged into surface waters and the date of such
   62  elimination; the average gallons per day of surface water
   63  discharge which will continue in accordance with the
   64  alternatives provided for in subparagraphs (a)2. and 3., or, if
   65  applicable to the utility, under paragraph (b); and the level of
   66  treatment which the effluent, reclaimed water, or reuse water
   67  will receive before being discharged into a surface water by
   68  each alternative.
   69         (a)The department shall approve a plan that includes all
   70  of the information required under this subsection as meeting the
   71  requirements of this section if one or more of the following
   72  conditions are met:
   73         1.The plan will result in eliminating the surface water
   74  discharge.
   75         2.The plan will result in meeting the requirements of s.
   76  403.086(10).
   77         3.The plan does not provide for a complete elimination of
   78  the surface water discharge but does provide an affirmative
   79  demonstration that any of the following conditions apply to the
   80  remaining discharge:
   81         a.The discharge is associated with an indirect potable
   82  reuse project;
   83         b.The discharge is a wet weather discharge that occurs in
   84  accordance with an applicable department permit;
   85         c.The discharge is into a stormwater management system and
   86  is subsequently withdrawn by a user for irrigation purposes;
   87         d.The utility operates domestic wastewater treatment
   88  facilities with reuse systems that reuse a minimum of 90 percent
   89  of a facility’s annual average flow, as determined by the
   90  department using monitoring data for the prior 5 consecutive
   91  years, for reuse purposes authorized by the department; or
   92         e.The discharge provides direct ecological or public water
   93  supply benefits, such as rehydrating wetlands or implementing
   94  the requirements of minimum flows and minimum water levels or
   95  recovery or prevention strategies for a waterbody.
   97  The plan may include conceptual projects under sub-subparagraphs
   98  3.a. and 3.e.; however, such inclusion does not extend the time
   99  within which the plan must be implemented.
  100         (b)The department shall also approve a plan if a utility
  101  demonstrates that it is technically, economically, or
  102  environmentally infeasible for the utility to meet any of the
  103  conditions provided in paragraph (a) for the discharge within 5
  104  years after submitting the plan to the department; that
  105  implementing such alternatives would create a severe undue
  106  economic hardship on the community served by the utility, as
  107  demonstrated by the impact to utility ratepayers, a lack of a
  108  reasonable return on investment, and the unaffordability of
  109  implementing any combination of the alternatives; and that the
  110  plan provides a means to eliminate the discharge to the extent
  111  feasible.
  112         (c)The department shall approve or deny a plan within 9
  113  months after receiving the plan and, if a plan is approved, must
  114  incorporate it in the utility’s operating permit issued under s.
  115  403.087. Any applicable environmental and public health
  116  protection requirements provided by law or department rule
  117  governing the implementation of the plan must also be
  118  incorporated into the permit. A utility may modify the plan by
  119  amendment to the permit; however, the plan may not be modified
  120  such that the requirements of this subsection are not met, and
  121  the department may not extend the time within which a plan will
  122  be implemented.
  123         (d)Upon approval of a plan by the department, a utility
  124  shall fully implement the approved plan by January 1, 2028;
  125  however, if the utility proposes to implement a potable reuse
  126  project, provided that the utility has implemented all other
  127  components of the plan, the utility has until January 1, 2030,
  128  to implement the potable reuse project component of the plan.
  129         (e)If a plan is not timely submitted by a utility or
  130  approved by the department, the utility’s domestic wastewater
  131  treatment facilities may not dispose of effluent, reclaimed
  132  water, or reuse water by surface water discharge after January
  133  1, 2028. A violation of this paragraph is subject to
  134  administrative and civil penalties pursuant to ss. 403.121,
  135  403.131, and 403.141.
  136         (f)A utility that has had a plan approved by the
  137  department pursuant to paragraph (b) shall update the plan
  138  annually until the utility is able to meet one or more of the
  139  conditions provided in paragraph (a). The updated annual plan
  140  must affirmatively demonstrate that the utility continues to be
  141  unable to meet any of the conditions provided in paragraph (a)
  142  because it is infeasible to do so and a severe undue economic
  143  hardship still exists as provided in paragraph (b). The
  144  department shall review the updated plans to verify that the
  145  utility is unable to meet any of the conditions provided in
  146  paragraph (a) and that the utility continues to meet the
  147  conditions of paragraph (b). If the department determines that
  148  the utility is able to meet any of the conditions and the
  149  utility is no longer eligible for approval under paragraph (b),
  150  the utility must submit a plan in accordance with paragraph (a)
  151  within 9 months after receiving notice of such a determination
  152  from the department, and the utility must fully implement such
  153  plan within 5 years after receiving an approval by the
  154  department.
  155         (g)A domestic wastewater utility applying for a permit for
  156  a new or expanded surface water discharge shall prepare a plan
  157  in accordance with this subsection as part of that permit
  158  application. The department may not approve a permit for a new
  159  or expanded surface water discharge unless the plan meets one or
  160  more of the conditions provided in paragraph (a).
  161         (h)By December 31, 2021, and annually thereafter, the
  162  department shall submit a report to the President of the Senate
  163  and the Speaker of the House of Representatives which provides
  164  the average gallons per day of effluent, reclaimed water, or
  165  reuse water which will no longer be discharged into surface
  166  waters by the utility and the dates of such elimination; the
  167  average gallons per day of surface water discharges which will
  168  continue in accordance with the alternatives provided in
  169  subparagraphs (a)2. and 3., and the level of treatment which the
  170  effluent, reclaimed water, or reuse water will receive before
  171  being discharged into a surface water by each alternative and
  172  utility; the average gallons per day of effluent, reclaimed
  173  water, or reuse water which is proposed to continue to be
  174  discharged under paragraph (b) and the level of treatment which
  175  the effluent, reclaimed water, or reuse water will receive
  176  before being discharged into a surface water by the utility; and
  177  any modified or new plans submitted by a utility since the last
  178  report.
  179         (i)This subsection does not apply to any of the following:
  180         1.A domestic wastewater treatment facility that is located
  181  in a fiscally constrained county as described in s. 218.67(1).
  182         2.A domestic wastewater treatment facility that is located
  183  in a municipality that is entirely within a rural area of
  184  opportunity as designated pursuant to s. 288.0656.
  185         3.A domestic wastewater treatment facility that is located
  186  in a municipality that has less than $10 million in total
  187  revenue, as determined by the municipality’s most recent annual
  188  financial report submitted to the Department of Financial
  189  Services in accordance with s. 218.32.
  190         (j)This subsection does not prohibit the inclusion of a
  191  plan for backup discharges pursuant to s. 403.086(8)(a).
  192         (k)This subsection may not be deemed to exempt a utility
  193  from requirements that prohibit the causing of or contributing
  194  to violations of water quality standards in surface waters,
  195  including groundwater discharges that affect water quality in
  196  surface waters.
  197         (18)(a)(17) By December 31, 2020, the department shall
  198  initiate rule revisions based on the recommendations of the
  199  Potable Reuse Commission’s 2020 report “Advancing Potable Reuse
  200  in Florida: Framework for the Implementation of Potable Reuse in
  201  Florida.” Rules for potable reuse projects must address
  202  contaminants of emerging concern and meet or exceed federal and
  203  state drinking water quality standards and other applicable
  204  water quality standards. Reclaimed water is deemed a water
  205  source for public water supply systems.
  206         (b)The Legislature recognizes that sufficient water supply
  207  is imperative to the future of this state and that potable reuse
  208  is a source of water which may assist in meeting future demand
  209  for water supply.
  210         (c)The department may convene and lead one or more
  211  technical advisory groups to coordinate the rulemaking and
  212  review of rules for potable reuse as required under this
  213  section. The technical advisory group, which shall assist in the
  214  development of such rules, must be composed of knowledgeable
  215  representatives of a broad group of interested stakeholders,
  216  including, but not limited to, representatives from the water
  217  management districts, the wastewater utility industry, the water
  218  utility industry, the environmental community, the business
  219  community, the public health community, the agricultural
  220  community, and the consumers.
  221         (d)Potable reuse is an alternative water supply as defined
  222  in s. 373.019, and potable reuse projects are eligible for
  223  alternative water supply funding. The use of potable reuse water
  224  may not be excluded from regional water supply planning under s.
  225  373.709.
  226         (e)The department and the water management districts shall
  227  develop and execute, by December 31, 2023, a memorandum of
  228  agreement providing for the procedural requirements of a
  229  coordinated review of all permits associated with the
  230  construction and operation of an indirect potable reuse project.
  231  The memorandum of agreement must provide that the coordinated
  232  review will occur only if requested by a permittee. The purpose
  233  of the coordinated review is to share information, avoid the
  234  redundancy of information requested from the permittee, and
  235  ensure consistency in the permit for the protection of the
  236  public health and the environment.
  237         (f)To encourage investment in the development of potable
  238  reuse projects by private entities, a potable reuse project
  239  developed as a qualifying project pursuant to s. 255.065 is:
  240         1.Beginning January 1, 2026, eligible for expedited
  241  permitting under s. 403.973.
  242         2.Consistent with s. 373.707, eligible for priority
  243  funding in the same manner as other alternative water supply
  244  projects from the Drinking Water State Revolving Fund, under the
  245  Water Protection and Sustainability Program, and for water
  246  management district cooperative funding.
  247         (g)This subsection is not intended and may not be
  248  construed to supersede s. 373.250(3).
  249         Section 2. Section 403.892, Florida Statutes, is created to
  250  read:
  251         403.892Incentives for the use of graywater technologies.—
  252         (1)As used in this section, the term:
  253         (a)“Developer” has the same meaning as in s. 380.031(2).
  254         (b)“Graywater” has the same meaning as in s.
  255  381.0065(2)(e).
  256         (2)To promote the beneficial reuse of water in this state,
  257  a county, municipality, or special district shall:
  258         (a)Authorize the use of residential graywater technologies
  259  in their respective jurisdictions which meet the requirements of
  260  this section, the Florida Building Code, and applicable
  261  requirements of the Florida Department of Health and have
  262  received all applicable regulatory permits or authorizations;
  263  and
  264         (b)Provide density or intensity bonuses to the developer
  265  or homebuilder to fully offset the capital costs of the
  266  technology and installation costs.
  267         (3)To qualify for the incentives, the developer or
  268  homebuilder must certify to the applicable government entity as
  269  part of its application for development approval or amendment of
  270  a development order that all of the following conditions are
  271  met:
  272         (a)The proposed or existing development has at least 25
  273  single-family residential homes that are either detached or
  274  multifamily dwellings. This paragraph does not apply to
  275  multifamily projects over five stories in height.
  276         (b)Each single-family residential home or residence will
  277  have its own residential graywater system that is dedicated for
  278  its use.
  279         (c)It has submitted a manufacturer’s warranty or data
  280  providing reasonable assurance that the residential graywater
  281  system will function as designed and includes an estimate of
  282  anticipated potable water savings for each system. A submission
  283  of the manufacturer’s warranty or data from a building code
  284  official, government entity, or research institute that has
  285  monitored or measured the residential graywater system that is
  286  proposed to be installed for such development shall be accepted
  287  as reasonable assurance and no further information or assurance
  288  is needed.
  289         (d)The required maintenance of the graywater system will
  290  be the responsibility of the residential homeowner or
  291  manufacturer.
  292         (e) An operation and maintenance manual for the graywater
  293  system will be supplied to the initial homeowner of each home.
  294  The manual shall provide a method of contacting the installer or
  295  manufacturer and shall include directions to the residential
  296  homeowner that the manual shall remain with the residence
  297  throughout the life cycle of the system.
  298         (4)If the requirements of subsection (3) have been met,
  299  the county or municipality must include the incentives provided
  300  for in subsection (2) when it approves the development or
  301  amendment of a development order. The approval must also provide
  302  for the process that the developer or homebuilder will follow to
  303  verify that such systems have been purchased. Proof of purchase
  304  must be provided within 180 days from the issuance of a
  305  certificate of occupancy for single-family residential homes
  306  that are either detached or multifamily projects under five
  307  stories.
  308         (5) The installation of residential graywater systems in a
  309  county or municipality in accordance with this section shall
  310  qualify as a water conservation measure in a public water
  311  utility’s water conservation plan pursuant to s. 373.227. The
  312  efficiency of such measures shall be commensurate with the
  313  amount of potable water savings estimated for each system
  314  provided by the developer or homebuilder pursuant to paragraph
  315  (3)(c).
  316         Section 3. To further promote the reuse of reclaimed water
  317  for irrigation purposes, the rules that apply when reclaimed
  318  water is injected into a receiving groundwater that has 1,000 to
  319  3,000 mg/L total dissolved solids are applicable to reclaimed
  320  water aquifer storage and recovery wells injecting into a
  321  receiving groundwater of less than 1,000 mg/L total dissolved
  322  solids if the applicant demonstrates that it is injecting into a
  323  confined aquifer, that there are no potable water supply wells
  324  within 3,500 feet of the aquifer storage and recovery wells,
  325  that it has implemented institutional controls to prevent the
  326  future construction of potable water supply wells within 3,500
  327  feet of the aquifer storage and recovery wells, and that the
  328  recovered water is being used for irrigation purposes. The
  329  injection of reclaimed water that meets the requirements of this
  330  section is not potable reuse. This section may not be construed
  331  to exempt the reclaimed water aquifer storage and recovery wells
  332  from requirements that prohibit the causing of or contribution
  333  to violations of water quality standards in surface waters,
  334  including groundwater discharges that flow by interflow and
  335  affect water quality in surface waters.
  336         Section 4. The Legislature determines and declares that
  337  this act fulfills an important state interest.
  338         Section 5. This act shall take effect upon becoming a law.