Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. PCS (666660) for CS for SB 1426
Ì638546EÎ638546
LEGISLATIVE ACTION
Senate . House
Comm: RS .
03/01/2022 .
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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