Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1052
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/11/2016           .                                

       Appropriations Subcommittee on General Government (Hays)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (b) of subsection (3) of section
    6  373.323, Florida Statutes, is amended to read:
    7         373.323 Licensure of water well contractors; application,
    8  qualifications, and examinations; equipment identification.—
    9         (3) An applicant who meets the following requirements shall
   10  be entitled to take the water well contractor licensure
   11  examination:
   12         (b) Has at least 2 years of experience in constructing,
   13  repairing, or abandoning water wells. Satisfactory proof of such
   14  experience shall be demonstrated by providing:
   15         1. Evidence of the length of time the applicant has been
   16  engaged in the business of the construction, repair, or
   17  abandonment of water wells as a major activity, as attested to
   18  by a letter from a water well contractor or and a letter from a
   19  water well inspector employed by a governmental agency.
   20         2. A list of at least 10 water wells that the applicant has
   21  constructed, repaired, or abandoned within the preceding 5
   22  years. Of these wells, at least seven must have been
   23  constructed, as defined in s. 373.303(2), by the applicant. The
   24  list shall also include:
   25         a. The name and address of the owner or owners of each
   26  well.
   27         b. The location, primary use, and approximate depth and
   28  diameter of each well that the applicant has constructed,
   29  repaired, or abandoned.
   30         c. The approximate date the construction, repair, or
   31  abandonment of each well was completed.
   32         Section 2. Subsection (4) is added to section 378.209,
   33  Florida Statutes, to read:
   34         378.209 Timing of reclamation.—
   35         (4) When the beneficial use of a constructed clay settling
   36  area has been extended, the rate of reclamation requirements in
   37  paragraphs (1)(a)-(e) and the requirements of s. 378.208 apply
   38  to such settling area when the beneficial use of such settling
   39  area is completed.
   40         Section 3. Paragraph (i) is added to subsection (8) of
   41  section 403.067, Florida Statutes, to read:
   42         403.067 Establishment and implementation of total maximum
   43  daily loads.—
   45         (i) Land set-asides and land use modifications not
   46  otherwise required by state law or a permit, including
   47  constructed wetlands or other water quality improvement
   48  projects, which reduce nutrient loads into nutrient impaired
   49  surface waters may be used under this subsection.
   50         Section 4. Subsection (2) of section 403.201, Florida
   51  Statutes, is amended to read:
   52         403.201 Variances.—
   53         (2) A No variance may not shall be granted from any
   54  provision or requirement concerning discharges of waste into
   55  waters of the state or hazardous waste management which would
   56  result in the provision or requirement being less stringent than
   57  a comparable federal provision or requirement, except as
   58  provided in s. 403.70715. However, this subsection does not
   59  prohibit the issuance of moderating provisions or requirements
   60  under state law, subject to any necessary approval by the United
   61  States Environmental Protection Agency.
   62         Section 5. Present subsections (2) through (4) of section
   63  403.709, Florida Statutes, are redesignated as subsections (3)
   64  through (5), respectively, and present subsection (5) is
   65  amended, to read:
   66         403.709 Solid Waste Management Trust Fund; use of waste
   67  tire fees.—There is created the Solid Waste Management Trust
   68  Fund, to be administered by the department.
   69         (2)(5)(a) Notwithstanding subsection (1), a solid waste
   70  landfill closure account is established within the Solid Waste
   71  Management Trust Fund to provide funding for the closing and
   72  long-term care of solid waste management facilities.
   73         (a) The department may use funds from the account to
   74  contract with a third party for the closing and long-term care
   75  of a solid waste management facility if:
   76         1. The facility has, or had, or was not required to obtain
   77  a department permit to operate as a solid waste management the
   78  facility;
   79         2. The permittee, when required by permit or rule, provided
   80  proof of financial assurance for closure in the form of an
   81  insurance certificate or an alternative form of financial
   82  assurance mechanism established pursuant to s. 403.7125;
   83         3. The department has ordered the facility closed or has
   84  deemed the facility abandoned facility is deemed to be abandoned
   85  or was ordered to close by the department;
   86         4. The closure of the facility is accomplished in
   87  substantial accordance with a closure plan approved by the
   88  department; and
   89         5. The department has sufficient written documentation to
   90  confirm that the issuer of insurance company issuing the closure
   91  insurance policy or alternative form of financial assurance will
   92  provide or reimburse the funds required to complete closing and
   93  long-term care of the facility.
   94         (b) The department shall deposit all the funds received
   95  from the insurer or other parties for reimbursing insurance
   96  company as reimbursement for the costs of closing or long-term
   97  care of the facility into the solid waste landfill closure
   98  account.
   99         (c) If the amount available under the insurance policy or
  100  alternative form of financial assurance is insufficient or is
  101  otherwise inaccessible to perform or complete the facility
  102  closing or long-term care under this subsection and the
  103  department has used all such funds from the insurance policy or
  104  alternative form of financial assurance, the department may use
  105  funds from the solid waste landfill closure account to pay for
  106  or reimburse additional expenses needed to perform or complete
  107  the approved facility closure or long-term care activities This
  108  subsection expires July 1, 2016.
  109         Section 6. Subsection (12) of section 403.814, Florida
  110  Statutes, is amended to read:
  111         403.814 General permits; delegation.—
  112         (12) A general permit is granted for the construction,
  113  alteration, and maintenance of a stormwater management system
  114  serving a total project area of up to 10 acres meeting the
  115  criteria of this subsection. Such When the stormwater management
  116  must be system is designed, operated, and maintained in
  117  accordance with applicable rules adopted pursuant to part IV of
  118  chapter 373., There is a rebuttable presumption that the
  119  discharge from for such systems complies system will comply with
  120  state water quality standards. The construction of such a system
  121  may proceed without any further agency action by the department
  122  or water management district if, before within 30 days after
  123  construction begins, an electronic self-certification is
  124  submitted to the department or water management district which
  125  that certifies that the proposed system was designed to meet,
  126  and certified by a Florida registered professional as meeting,
  127  to meet the following additional requirements:
  128         (a) The total project area involves less than 10 acres and
  129  less than 2 acres of impervious surface;
  130         (b) No activities will impact wetlands or other surface
  131  waters;
  132         (c) No activities are conducted in, on, or over wetlands or
  133  other surface waters;
  134         (d) Drainage facilities will not include pipes having
  135  diameters greater than 24 inches, or the hydraulic equivalent,
  136  and will not use pumps in any manner;
  137         (e) The project is not part of a larger common plan,
  138  development, or sale; and
  139         (f) The project does not:
  140         1. Cause adverse water quantity or flooding impacts to
  141  receiving water and adjacent lands;
  142         2. Cause adverse impacts to existing surface water storage
  143  and conveyance capabilities;
  144         3. Cause a violation of state water quality standards; or
  145         4. Cause an adverse impact to the maintenance of surface or
  146  ground water levels or surface water flows established pursuant
  147  to s. 373.042 or a work of the district established pursuant to
  148  s. 373.086.
  149         Section 7. For the purpose of incorporating the amendment
  150  made by this act to section 403.201, Florida Statutes, in a
  151  reference thereto, subsection (17) of section 373.414, Florida
  152  Statutes, is reenacted to read:
  153         373.414 Additional criteria for activities in surface
  154  waters and wetlands.—
  155         (17) The variance provisions of s. 403.201 are applicable
  156  to the provisions of this section or any rule adopted pursuant
  157  to this section. The governing boards and the department are
  158  authorized to review and take final agency action on petitions
  159  requesting such variances for those activities they regulate
  160  under this part and s. 373.4145.
  161         Section 8. This act shall take effect upon becoming a law.
  163  ================= T I T L E  A M E N D M E N T ================
  164  And the title is amended as follows:
  165         Delete everything before the enacting clause
  166  and insert:
  167                        A bill to be entitled                      
  168         An act relating to environmental control; amending s.
  169         373.323, F.S.; revising eligibility requirements for
  170         taking the water well contractor licensure
  171         examination; amending s. 378.209, F.S.; exempting
  172         certain constructed clay settling areas from
  173         reclamation rate and financial responsibility
  174         requirements; amending s. 403.067, F.S.; authorizing
  175         the use of land set-asides and land use modifications
  176         in water quality credit trading; amending s. 403.201,
  177         F.S.; providing applicability of prohibited variances
  178         concerning discharges of waste into waters of the
  179         state and hazardous waste management; amending s.
  180         403.709, F.S.; establishing a solid waste landfill
  181         closure account within the Solid Waste Management
  182         Trust Fund to provide funding for the closing and
  183         long-term care of solid waste facilities; authorizing
  184         the department to contract with a third party for such
  185         closing and long-term care under certain conditions;
  186         requiring the department to deposit certain funds in
  187         the solid waste landfill closure account; authorizing
  188         the department to use funds from the solid waste
  189         landfill closure account to pay for facility closing
  190         and long-term care under certain circumstances;
  191         deleting an expiration date; amending s. 403.814,
  192         F.S.; requiring that a Florida registered professional
  193         certify that certain projects meet additional
  194         requirements; requiring such certification to be
  195         submitted to the department before, rather than after,
  196         construction of a stormwater management system begins;
  197         reenacting s. 373.414(17), F.S., relating to variances
  198         for activities in surface waters and wetlands, to
  199         incorporate the amendment made by the act to s.
  200         403.201, F.S., in a reference thereto; providing an
  201         effective date.