Florida Senate - 2016                                    SB 1052
       By Senator Hays
       11-00472A-16                                          20161052__
    1                        A bill to be entitled                      
    2         An act relating to environmental control; amending s.
    3         373.227, F.S.; prohibiting water management districts
    4         from modifying or reducing consumptive use permit
    5         allocations if actual water use is less than permitted
    6         water use due to water conservation measures or
    7         specified circumstances; requiring water management
    8         districts to adopt rules providing water conservation
    9         incentives, including permit extensions; amending s.
   10         373.323, F.S.; revising eligibility requirements for
   11         taking the water well contractor licensure
   12         examination; amending s. 373.467, F.S.; revising
   13         membership qualifications for the Harris Chain of
   14         Lakes Restoration Council; authorizing the Lake County
   15         legislative delegation to waive such membership
   16         qualifications for good cause; providing that
   17         resignation or removal of a council member results in
   18         a council vacancy; amending s. 373.705, F.S.;
   19         requiring water management districts to promote
   20         expanded cost-share criteria for additional
   21         conservation practices; amending s. 378.209, F.S.;
   22         exempting certain constructed clay settling areas from
   23         reclamation rate and financial responsibility
   24         requirements; amending s. 403.061, F.S.; requiring the
   25         Department of Environmental Protection to adopt by
   26         rule a specific surface water classification to
   27         protect surface waters used for treated potable water
   28         supply; providing criteria for such rule; authorizing
   29         the reclassification of surface waters used for
   30         treated potable water supply notwithstanding such
   31         rule; amending s. 403.067, F.S.; authorizing the use
   32         of land set-asides and land use modifications,
   33         including constructed wetlands or other water quality
   34         improvement projects, in water quality credit trading;
   35         amending s. 403.201, F.S.; providing applicability of
   36         prohibited variances concerning discharges of waste
   37         into waters of the state and hazardous waste
   38         management; amending s. 403.713, F.S.; authorizing
   39         local governments to implement a flow control
   40         ordinance only upon ownership and utilization of a
   41         resource recovery facility and a proven need of flow
   42         control for the facility; excluding landfill gas-to
   43         energy systems and facilities from being classified as
   44         resource recovery facilities under certain
   45         circumstances; amending s. 403.861, F.S.; requiring
   46         the department to add treated potable water supply as
   47         a designated use of a surface water segment under
   48         certain circumstances; reenacting s. 373.414(17),
   49         F.S., relating to variances for activities in surface
   50         waters and wetlands, to incorporate the amendment made
   51         by the act to s. 403.201, F.S., in a reference
   52         thereto; providing an appropriation; providing an
   53         effective date.
   55  Be It Enacted by the Legislature of the State of Florida:
   57         Section 1. Present subsection (5) of section 373.227,
   58  Florida Statutes, is renumbered as subsection (7), and new
   59  subsections (5) and (6) are added to that section, to read:
   60         373.227 Water conservation; legislative findings and
   61  intent; objectives; comprehensive statewide water conservation
   62  program requirements.—
   63         (5) To incentivize water conservation, if actual water use
   64  is less than permitted water use due to documented
   65  implementation of water conservation measures beyond those
   66  required in a consumptive use permit, including, but not limited
   67  to, those measures identified in best management practices
   68  pursuant to s. 570.93, the permitted allocation may not be
   69  modified solely due to such water conservation during the term
   70  of the permit. To promote water conservation and the
   71  implementation of measures that produce significant water
   72  savings beyond those required in a consumptive use permit, each
   73  water management district shall adopt rules providing water
   74  conservation incentives, which may include limited permit
   75  extensions.
   76         (6) For consumptive use permits for agricultural
   77  irrigation, if actual water use is less than permitted water use
   78  due to weather events, crop diseases, nursery stock
   79  availability, market conditions, or changes in crop type, a
   80  district may not, as a result, reduce permitted allocation
   81  amounts during the term of the permit.
   82         Section 2. Paragraph (b) of subsection (3) of section
   83  373.323, Florida Statutes, is amended to read:
   84         373.323 Licensure of water well contractors; application,
   85  qualifications, and examinations; equipment identification.—
   86         (3) An applicant who meets the following requirements shall
   87  be entitled to take the water well contractor licensure
   88  examination:
   89         (b) Has at least 2 years of experience in constructing,
   90  repairing, or abandoning water wells. Satisfactory proof of such
   91  experience shall be demonstrated by providing:
   92         1. Evidence of the length of time the applicant has been
   93  engaged in the business of the construction, repair, or
   94  abandonment of water wells as a major activity, as attested to
   95  by a letter from a water well contractor or and a letter from a
   96  water well inspector employed by a governmental agency.
   97         2. A list of at least 10 water wells that the applicant has
   98  constructed, repaired, or abandoned within the preceding 5
   99  years. Of these wells, at least seven must have been
  100  constructed, as defined in s. 373.303(2), by the applicant. The
  101  list shall also include:
  102         a. The name and address of the owner or owners of each
  103  well.
  104         b. The location, primary use, and approximate depth and
  105  diameter of each well that the applicant has constructed,
  106  repaired, or abandoned.
  107         c. The approximate date the construction, repair, or
  108  abandonment of each well was completed.
  109         Section 3. Paragraph (a) of subsection (1) and subsection
  110  (3) of section 373.467, Florida Statutes, are amended to read:
  111         373.467 The Harris Chain of Lakes Restoration Council.
  112  There is created within the St. Johns River Water Management
  113  District, with assistance from the Fish and Wildlife
  114  Conservation Commission and the Lake County Water Authority, the
  115  Harris Chain of Lakes Restoration Council.
  116         (1)(a) The council shall consist of nine voting members,
  117  which shall include: a representative of waterfront property
  118  owners, a representative of the sport fishing industry, a person
  119  with experience in an environmental science or regulation
  120  engineer, a person with training in biology or another
  121  scientific discipline, a person with training as an attorney, a
  122  physician, a person with training as an engineer, and two
  123  residents of the county who are do not required to meet any
  124  additional of the other qualifications for membership enumerated
  125  in this paragraph, each to be appointed by the Lake County
  126  legislative delegation. The Lake County legislative delegation
  127  may waive the qualifications for membership on a case-by-case
  128  basis if good cause is shown. A No person serving on the council
  129  may not be appointed to a council, board, or commission of any
  130  council advisory group agency. The council members shall serve
  131  as advisors to the governing board of the St. Johns River Water
  132  Management District. The council is subject to the provisions of
  133  chapters 119 and 120.
  134         (3) The council shall meet at the call of its chair, at the
  135  request of six of its members, or at the request of the chair of
  136  the governing board of the St. Johns River Water Management
  137  District. Resignation by a council member, or removal of a
  138  council member for failure to attend three consecutive meetings
  139  without an excuse approved by the chair, shall result in a
  140  vacancy on the council.
  141         Section 4. Subsection (5) is added to section 373.705,
  142  Florida Statutes, to read:
  143         373.705 Water resource development; water supply
  144  development.—
  145         (5) The water management districts shall promote expanded
  146  cost-share criteria for additional conservation practices, such
  147  as soil and moisture sensors and other irrigation improvements,
  148  water-saving equipment, water-saving household fixtures, and
  149  software technologies that can achieve verifiable water
  150  conservation by providing water use information to utility
  151  customers.
  152         Section 5. Subsection (4) is added to section 378.209,
  153  Florida Statutes, to read:
  154         378.209 Timing of reclamation.—
  155         (4) The rate of reclamation requirements in paragraphs
  156  (1)(a)-(e) and the requirements of s. 378.208 do not apply to a
  157  constructed clay settling area if the beneficial use of such
  158  area has been extended.
  159         Section 6. Subsection (29) of section 403.061, Florida
  160  Statutes, is amended to read:
  161         403.061 Department; powers and duties.—The department shall
  162  have the power and the duty to control and prohibit pollution of
  163  air and water in accordance with the law and rules adopted and
  164  promulgated by it and, for this purpose, to:
  165         (29)(a) Adopt by rule special criteria to protect Class II
  166  and Class III shellfish harvesting waters. Such rules may
  167  include special criteria for approving docking facilities that
  168  have 10 or fewer slips if the construction and operation of such
  169  facilities will not result in the closure of shellfish waters.
  170         (b) Adopt by rule a specific surface water classification
  171  to protect surface waters used for treated potable water supply.
  172  These designated surface waters shall have the same water
  173  quality criteria protections as waters designated for fish
  174  consumption, recreation, and the propagation and maintenance of
  175  a healthy, well-balanced population of fish and wildlife, and
  176  shall be free from discharged substances at a concentration
  177  that, alone or in combination with other discharged substances,
  178  would require significant alteration of permitted treatment
  179  processes at the permitted treatment facility or that would
  180  otherwise prevent compliance with applicable state drinking
  181  water standards in the treated water. Notwithstanding this
  182  classification or the inclusion of treated water supply as a
  183  designated use of a surface water, a surface water used for
  184  treated potable water supply may be reclassified to the potable
  185  water supply classification.
  187  The department shall implement such programs in conjunction with
  188  its other powers and duties and shall place special emphasis on
  189  reducing and eliminating contamination that presents a threat to
  190  humans, animals or plants, or to the environment.
  191         Section 7. Paragraph (i) is added to subsection (8) of
  192  section 403.067, Florida Statutes, to read:
  193         403.067 Establishment and implementation of total maximum
  194  daily loads.—
  196         (i) Land set-asides and land use modifications not
  197  otherwise required by state law or a permit, including
  198  constructed wetlands or other water quality improvement
  199  projects, that reduce nutrient loads into nutrient impaired
  200  surface waters may be used under this subsection.
  201         Section 8. Subsection (2) of section 403.201, Florida
  202  Statutes, is amended to read:
  203         403.201 Variances.—
  204         (2) A No variance may not shall be granted from any
  205  provision or requirement concerning discharges of waste into
  206  waters of the state or hazardous waste management which would
  207  result in the provision or requirement being less stringent than
  208  a comparable federal provision or requirement, except as
  209  provided in s. 403.70715. However, this subsection does not
  210  prohibit the issuance of moderating provisions or requirements
  211  under state law, subject to any necessary approval by the United
  212  States Environmental Protection Agency.
  213         Section 9. Subsection (2) of section 403.713, Florida
  214  Statutes, is amended, and subsection (3) is added to that
  215  section, to read:
  216         403.713 Ownership and control of solid waste and recovered
  217  materials.—
  218         (2) Any local government that which undertakes resource
  219  recovery from solid waste pursuant to general law or special act
  220  may institute a flow control ordinance for the purpose of
  221  ensuring that the resource recovery facility receives an
  222  adequate quantity of solid waste from solid waste generated
  223  within its jurisdiction. Such authority does shall not extend to
  224  recovered materials, whether separated at the point of
  225  generation or after collection, which that are intended to be
  226  held for purposes of recycling pursuant to the requirements of
  227  this part; however, the handling of such materials is shall be
  228  subject to applicable state and local public health and safety
  229  laws. A flow control ordinance may be instituted under this
  230  section by a local government only after it owns, and actively
  231  uses, a resource recovery facility and the local government
  232  proves the necessity of instituting flow control to ensure
  233  sufficient materials for that resource recovery facility. A flow
  234  control ordinance also does not limit the ability of other
  235  entities and districts to contract for waste management
  236  services.
  237         (3) For the purposes of exercising flow control authority
  238  under this section, a resource recovery facility does not
  239  include a landfill gas-to-energy system or facility.
  240         Section 10. Subsection (21) is added to section 403.861,
  241  Florida Statutes, to read:
  242         403.861 Department; powers and duties.—The department shall
  243  have the power and the duty to carry out the provisions and
  244  purposes of this act and, for this purpose, to:
  245         (21)(a) Upon issuance of a construction permit to construct
  246  a new public water system drinking water treatment facility to
  247  provide potable water supply using a surface water that, at the
  248  time of the permit application, is not being used as a potable
  249  water supply, and the classification of which does not include
  250  potable water supply as a designated use, the department shall
  251  add treated potable water supply as a designated use of the
  252  surface water segment in accordance with s. 403.061(29)(b).
  253         (b) For existing public water system drinking water
  254  treatment facilities that use a surface water as a treated
  255  potable water supply, which surface water classification does
  256  not include potable water supply as a designated use, the
  257  department shall add treated potable water supply as a
  258  designated use of the surface water segment in accordance with
  259  s. 403.061(29)(b).
  260         Section 11. For the purpose of incorporating the amendment
  261  made by this act to section 403.201, Florida Statutes, in a
  262  reference thereto, subsection (17) of section 373.414, Florida
  263  Statutes, is reenacted to read:
  264         373.414 Additional criteria for activities in surface
  265  waters and wetlands.—
  266         (17) The variance provisions of s. 403.201 are applicable
  267  to the provisions of this section or any rule adopted pursuant
  268  to this section. The governing boards and the department are
  269  authorized to review and take final agency action on petitions
  270  requesting such variances for those activities they regulate
  271  under this part and s. 373.4145.
  272         Section 12. For the 2016-2017 fiscal year, the sum of
  273  $2,339,764 in nonrecurring funds is appropriated to the
  274  Department of Environmental Protection from the Solid Waste
  275  Management Trust Fund in the Fixed Capital Outlay-Agency
  276  Managed-Closing and Long-Term Care of Solid Waste Management
  277  Facilities appropriation category for the closing and long-term
  278  care of solid waste management facilities.
  279         Section 13. This act shall take effect upon becoming a law.