Florida Senate - 2022 COMMITTEE AMENDMENT Bill No. PCS (666660) for CS for SB 1426 Ì638546EÎ638546 LEGISLATIVE ACTION Senate . House Comm: RS . 03/01/2022 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Burgess) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 86 - 185 4 and insert: 5 governmental entities seeking to meet an assigned basin 6 management action plan allocation or reasonable assurance plan 7 or for the purpose of achieving net improvement pursuant to s. 8 373.414(1)(b)3. after the governmental entity has provided 9 reasonable assurance of meeting department rules for design and 10 construction of all onsite stormwater management, or for the 11 purpose of providing offsite stormwater treatment pursuant to s. 12 311.106 or s. 373.413(6) or meeting environmental resource 13 permit rules adopted pursuant to this part. 14 (c) A water quality enhancement area must be used to 15 address contributions of one or more pollutants or other 16 constituents in the watershed, basin, sub-basin, targeted 17 restoration area, waterbody, or section of waterbody, as 18 determined by the department, in which the water quality 19 enhancement area is located which do not meet applicable state 20 water quality criteria. 21 (d) A water quality enhancement area must be employed to 22 use, create, or improve natural systems in order to improve 23 water quality. 24 (e) A governmental entity may use a water quality 25 enhancement area for its own water quality needs. However, a 26 governmental entity may not act as a sponsor to construct, 27 operate, manage, or maintain a water quality enhancement area or 28 market enhancement credits to third parties. 29 (f) A local government may not require a permit or 30 otherwise impose regulations governing the operation of a water 31 quality enhancement area. 32 (g) This section does not eliminate the obligation of an 33 applicant for a water quality enhancement area permit or an 34 applicant proposing to use enhancement credits to comply with 35 all requirements of this part pertaining to adverse impacts to 36 water quality in receiving waters and adjacent lands or 37 wetlands. 38 (4) WATER QUALITY ENHANCEMENT AREA PERMIT.— 39 (a) To obtain a water quality enhancement area permit, the 40 applicant must provide reasonable assurances that the proposed 41 water quality enhancement area will be used to: 42 1. Meet the requirements for issuance of an environmental 43 resource permit; 44 2. Benefit water quality in the watershed in which the 45 water quality enhancement area is located; 46 3. Meet defined performance or success criteria for the 47 reduction of one or more pollutants or other constituents that 48 prevent receiving waters from meeting applicable state water 49 quality criteria; 50 4. Ensure long-term pollutant reduction through effective 51 operation and maintenance in perpetuity by designation of a 52 responsible long-term maintenance entity supported by an 53 endowment or other long-term financial assurance sufficient to 54 assure perpetual operation and maintenance; 55 5. Demonstrate sufficient legal or equitable interest in 56 the property to ensure access to and perpetual protection and 57 management of the land within the water quality enhancement 58 area; and 59 6. Provide for permanent preservation of the water quality 60 enhancement area which meets the requirements of s. 704.06. 61 (b) The water quality enhancement area permit must provide 62 for the assessment, valuation, and award of credits based on 63 units of pollutant removed. 64 (c) The department shall base its determination of the 65 award of enhancement credits on standard numerical models or 66 analytical tools that establish the water quality enhancement 67 area’s ability to remove pollutants or constituents. 68 1. Where a basin management action plan exists for the 69 watershed in which the water quality enhancement area is 70 located, the applicant must use the same numerical models or 71 analytical tools used for that basin management action plan in 72 the water quality enhancement area permit application. 73 2. If a basin management action plan does not exist for the 74 watershed in which the water quality enhancement area is 75 located, the applicant, with the approval of the department, may 76 submit as part of the water quality enhancement area permit 77 application model parameters and results used in a numerical 78 model or analytical tool used by the department to develop a 79 basin management action plan for a watershed with similar 80 physical characteristics and pollutants as that where the 81 proposed water quality enhancement area is to be located. 82 3. If the department determines that its numerical model or 83 analytical tool used for a basin management action plan is not 84 appropriate for the proposed water quality enhancement area, the 85 applicant must use a standard numerical model or analytical tool 86 for the proposed water quality enhancement area. 87 4. To assist the department in evaluating and determining 88 enhancement credits, a water quality enhancement area permit 89 application must include the numerical model or analytical tool 90 results used to establish the water quality enhancement area’s 91 efficacy. Supporting information must include, but need not be 92 limited to: 93 a. Rainfall data over the longest period of record 94 available, collected from the closest site to the proposed water 95 quality enhancement area, preferably within the same drainage 96 basin. 97 b. Anticipated average annual water quality and quantity 98 inflows to the proposed water quality enhancement area, based on 99 published local data collected over a period of record which 100 most closely matches the rainfall data under this paragraph. 101 c. Site-specific conditions affecting the anticipated 102 performance of the proposed water quality enhancement area, 103 including the proposed treatment type and the anticipated 104 associated reduction rates, as demonstrated by the performance 105 of other areas where the treatment type has been established and 106 operating over a minimum of two consecutive wet and dry seasons. 107 d. Data provided pursuant to sub-subparagraphs a. and b. 108 must be from monitoring stations the department deems sufficient 109 to determine flows and local water quality conditions. 110 (d) The issuance of a water quality enhancement area permit 111 under this section does not preclude the responsibility of an 112 applicant to obtain other applicable federal, state, and local 113 permits for the construction activities associated with the 114 water quality enhancement area. 115 (5) WATER QUALITY ENHANCEMENT SERVICE AREA.—The department 116 shall establish a water quality enhancement service area for 117 each water quality enhancement area. Enhancement credits may be 118 withdrawn and used only to address adverse impacts in the 119 enhancement service area. The boundaries of the enhancement 120 service area shall depend upon the geographic area where the 121 enhancement area could reasonably be expected to address adverse 122 impacts. Enhancement service areas may overlap, and enhancement 123 service areas for two or more enhancement areas may be approved 124 for a regional watershed. 125 126 ================= T I T L E A M E N D M E N T ================ 127 And the title is amended as follows: 128 Delete line 6 129 and insert: 130 quality enhancement areas and permits; requiring the 131 Department of Environmental Protection to establish 132 water quality enhancement service areas; providing 133 requirements for the boundaries of such areas; 134 requiring