Florida Senate - 2016                             CS for SB 1052
       By the Committee on Environmental Preservation and Conservation;
       and Senator Hays
       592-02359-16                                          20161052c1
    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 under certain conditions; amending s.
   25         403.061, F.S.; requiring the Department of
   26         Environmental Protection to adopt by rule a specific
   27         surface water classification to protect surface waters
   28         used for treated potable water supply; providing
   29         criteria for such rule; authorizing the
   30         reclassification of surface waters used for treated
   31         potable water supply notwithstanding such rule;
   32         amending s. 403.067, F.S.; authorizing the use of land
   33         set-asides and land use modifications, including
   34         constructed wetlands or other water quality
   35         improvement projects, in water quality credit trading;
   36         amending s. 403.201, F.S.; providing applicability of
   37         prohibited variances concerning discharges of waste
   38         into waters of the state and hazardous waste
   39         management; amending s. 403.709, F.S.; making
   40         technical changes; deleting a scheduled repeal date;
   41         amending s. 403.713, F.S.; authorizing local
   42         governments to implement a flow control ordinance only
   43         upon ownership and utilization of a resource recovery
   44         facility and a proven need of flow control for the
   45         facility; excluding landfill gas-to-energy systems and
   46         facilities from being classified as resource recovery
   47         facilities under certain circumstances; amending s.
   48         403.861, F.S.; requiring the department to add treated
   49         potable water supply as a designated use of a surface
   50         water segment under certain circumstances; reenacting
   51         s. 373.414(17), F.S., relating to variances for
   52         activities in surface waters and wetlands, to
   53         incorporate the amendment made by the act to s.
   54         403.201, F.S., in a reference thereto; providing an
   55         appropriation; providing an effective date.
   57  Be It Enacted by the Legislature of the State of Florida:
   59         Section 1. Present subsection (5) of section 373.227,
   60  Florida Statutes, is renumbered as subsection (7), and new
   61  subsections (5) and (6) are added to that section, to read:
   62         373.227 Water conservation; legislative findings and
   63  intent; objectives; comprehensive statewide water conservation
   64  program requirements.—
   65         (5) To incentivize water conservation, if actual water use
   66  is less than permitted water use due to documented
   67  implementation of water conservation measures beyond those
   68  required in a consumptive use permit, including, but not limited
   69  to, those measures identified in best management practices
   70  pursuant to s. 570.93, the permitted allocation may not be
   71  modified solely due to such water conservation during the term
   72  of the permit. To promote water conservation and the
   73  implementation of measures that produce significant water
   74  savings beyond those required in a consumptive use permit, each
   75  water management district shall adopt rules providing water
   76  conservation incentives, which may include limited permit
   77  extensions.
   78         (6) For consumptive use permits for agricultural
   79  irrigation, if actual water use is less than permitted water use
   80  due to weather events, crop diseases, nursery stock
   81  availability, market conditions, or changes in crop type, a
   82  district may not, as a result, reduce permitted allocation
   83  amounts during the term of the permit.
   84         Section 2. Paragraph (b) of subsection (3) of section
   85  373.323, Florida Statutes, is amended to read:
   86         373.323 Licensure of water well contractors; application,
   87  qualifications, and examinations; equipment identification.—
   88         (3) An applicant who meets the following requirements shall
   89  be entitled to take the water well contractor licensure
   90  examination:
   91         (b) Has at least 2 years of experience in constructing,
   92  repairing, or abandoning water wells. Satisfactory proof of such
   93  experience shall be demonstrated by providing:
   94         1. Evidence of the length of time the applicant has been
   95  engaged in the business of the construction, repair, or
   96  abandonment of water wells as a major activity, as attested to
   97  by a letter from a water well contractor or and a letter from a
   98  water well inspector employed by a governmental agency.
   99         2. A list of at least 10 water wells that the applicant has
  100  constructed, repaired, or abandoned within the preceding 5
  101  years. Of these wells, at least seven must have been
  102  constructed, as defined in s. 373.303(2), by the applicant. The
  103  list shall also include:
  104         a. The name and address of the owner or owners of each
  105  well.
  106         b. The location, primary use, and approximate depth and
  107  diameter of each well that the applicant has constructed,
  108  repaired, or abandoned.
  109         c. The approximate date the construction, repair, or
  110  abandonment of each well was completed.
  111         Section 3. Paragraph (a) of subsection (1) and subsection
  112  (3) of section 373.467, Florida Statutes, are amended to read:
  113         373.467 The Harris Chain of Lakes Restoration Council.
  114  There is created within the St. Johns River Water Management
  115  District, with assistance from the Fish and Wildlife
  116  Conservation Commission and the Lake County Water Authority, the
  117  Harris Chain of Lakes Restoration Council.
  118         (1)(a) The council shall consist of nine voting members,
  119  which shall include: a representative of waterfront property
  120  owners, a representative of the sport fishing industry, a person
  121  with experience in an environmental science or regulation
  122  engineer, a person with training in biology or another
  123  scientific discipline, a person with training as an attorney, a
  124  physician, a person with training as an engineer, and two
  125  residents of the county who are do not required to meet any
  126  additional of the other qualifications for membership enumerated
  127  in this paragraph, each to be appointed by the Lake County
  128  legislative delegation. The Lake County legislative delegation
  129  may waive the qualifications for membership on a case-by-case
  130  basis if good cause is shown. A No person serving on the council
  131  may not be appointed to a council, board, or commission of any
  132  council advisory group agency. The council members shall serve
  133  as advisors to the governing board of the St. Johns River Water
  134  Management District. The council is subject to the provisions of
  135  chapters 119 and 120.
  136         (3) The council shall meet at the call of its chair, at the
  137  request of six of its members, or at the request of the chair of
  138  the governing board of the St. Johns River Water Management
  139  District. Resignation by a council member, or removal of a
  140  council member for failure to attend three consecutive meetings
  141  without an excuse approved by the chair, shall result in a
  142  vacancy on the council.
  143         Section 4. Subsection (5) is added to section 373.705,
  144  Florida Statutes, to read:
  145         373.705 Water resource development; water supply
  146  development.—
  147         (5) The water management districts shall promote expanded
  148  cost-share criteria for additional conservation practices, such
  149  as soil and moisture sensors and other irrigation improvements,
  150  water-saving equipment, water-saving household fixtures, and
  151  software technologies that can achieve verifiable water
  152  conservation by providing water use information to utility
  153  customers.
  154         Section 5. Subsection (4) is added to section 378.209,
  155  Florida Statutes, to read:
  156         378.209 Timing of reclamation.—
  157         (4)If the beneficial use of a constructed clay settling
  158  area has been extended, the rate of reclamation requirements in
  159  paragraphs (1)(a)-(e) and the requirements of s. 378.208 shall
  160  become applicable for such area when the beneficial use of such
  161  area is completed.
  162         Section 6. Subsection (29) of section 403.061, Florida
  163  Statutes, is amended to read:
  164         403.061 Department; powers and duties.—The department shall
  165  have the power and the duty to control and prohibit pollution of
  166  air and water in accordance with the law and rules adopted and
  167  promulgated by it and, for this purpose, to:
  168         (29)(a) Adopt by rule special criteria to protect Class II
  169  and Class III shellfish harvesting waters. Such rules may
  170  include special criteria for approving docking facilities that
  171  have 10 or fewer slips if the construction and operation of such
  172  facilities will not result in the closure of shellfish waters.
  173         (b) Adopt by rule a specific surface water classification
  174  to protect surface waters used for treated potable water supply.
  175  These designated surface waters shall have the same water
  176  quality criteria protections as waters designated for fish
  177  consumption, recreation, and the propagation and maintenance of
  178  a healthy, well-balanced population of fish and wildlife, and
  179  shall be free from discharged substances at a concentration
  180  that, alone or in combination with other discharged substances,
  181  would require significant alteration of permitted treatment
  182  processes at the permitted treatment facility or that would
  183  otherwise prevent compliance with applicable state drinking
  184  water standards in the treated water. Notwithstanding this
  185  classification or the inclusion of treated water supply as a
  186  designated use of a surface water, a surface water used for
  187  treated potable water supply may be reclassified to the potable
  188  water supply classification.
  190  The department shall implement such programs in conjunction with
  191  its other powers and duties and shall place special emphasis on
  192  reducing and eliminating contamination that presents a threat to
  193  humans, animals or plants, or to the environment.
  194         Section 7. Paragraph (i) is added to subsection (8) of
  195  section 403.067, Florida Statutes, to read:
  196         403.067 Establishment and implementation of total maximum
  197  daily loads.—
  199         (i) Land set-asides and land use modifications not
  200  otherwise required by state law or a permit, including
  201  constructed wetlands or other water quality improvement
  202  projects, that reduce nutrient loads into nutrient impaired
  203  surface waters may be used under this subsection.
  204         Section 8. Subsection (2) of section 403.201, Florida
  205  Statutes, is amended to read:
  206         403.201 Variances.—
  207         (2) A No variance may not shall be granted from any
  208  provision or requirement concerning discharges of waste into
  209  waters of the state or hazardous waste management which would
  210  result in the provision or requirement being less stringent than
  211  a comparable federal provision or requirement, except as
  212  provided in s. 403.70715. However, this subsection does not
  213  prohibit the issuance of moderating provisions or requirements
  214  under state law, subject to any necessary approval by the United
  215  States Environmental Protection Agency.
  216         Section 9. Subsection (5) of section 403.709, Florida
  217  Statutes, is amended to read:
  218         403.709 Solid Waste Management Trust Fund; use of waste
  219  tire fees.—There is created the Solid Waste Management Trust
  220  Fund, to be administered by the department.
  221         (5)(a) Notwithstanding subsection (1), a solid waste
  222  landfill closure account is established within the Solid Waste
  223  Management Trust Fund to provide funding for the closing and
  224  long-term care of solid waste management facilities. The
  225  department may use funds from the account to contract with a
  226  third party for the closing and long-term care of a solid waste
  227  management facility if:
  228         1. The facility has or had a department permit to operate
  229  as a solid waste management the facility;
  230         2. The permittee provided proof of financial assurance for
  231  closure in the form of an insurance certificate;
  232         3. The department deemed the facility is deemed to be
  233  abandoned or was ordered the facility to close by the
  234  department;
  235         4. Closure is accomplished in substantial accordance with a
  236  closure plan approved by the department; and
  237         5. The department has written documentation that the
  238  insurance company issuing the closure insurance policy will
  239  provide or reimburse the funds required to complete closing and
  240  long-term care of the facility.
  241         (b) The department shall deposit the funds received from
  242  the insurance company as reimbursement for the costs of the
  243  closure closing or long-term care of the facility into the solid
  244  waste landfill closure account.
  245         (c) This subsection expires July 1, 2016.
  246         Section 10. Subsection (2) of section 403.713, Florida
  247  Statutes, is amended, and subsection (3) is added to that
  248  section, to read:
  249         403.713 Ownership and control of solid waste and recovered
  250  materials.—
  251         (2) Any local government that which undertakes resource
  252  recovery from solid waste pursuant to general law or special act
  253  may institute a flow control ordinance for the purpose of
  254  ensuring that the resource recovery facility receives an
  255  adequate quantity of solid waste from solid waste generated
  256  within its jurisdiction. Such authority does shall not extend to
  257  recovered materials, whether separated at the point of
  258  generation or after collection, which that are intended to be
  259  held for purposes of recycling pursuant to the requirements of
  260  this part; however, the handling of such materials is shall be
  261  subject to applicable state and local public health and safety
  262  laws. A flow control ordinance may be instituted under this
  263  section by a local government only after it owns, and actively
  264  uses, a resource recovery facility and the local government
  265  proves the necessity of instituting flow control to ensure
  266  sufficient materials for that resource recovery facility. A flow
  267  control ordinance also does not limit the ability of other
  268  entities and districts to contract for waste management
  269  services.
  270         (3) For the purposes of exercising flow control authority
  271  under this section, a resource recovery facility does not
  272  include a landfill gas-to-energy system or facility.
  273         Section 11. Subsection (21) is added to section 403.861,
  274  Florida Statutes, to read:
  275         403.861 Department; powers and duties.—The department shall
  276  have the power and the duty to carry out the provisions and
  277  purposes of this act and, for this purpose, to:
  278         (21)(a) Upon issuance of a construction permit to construct
  279  a new public water system drinking water treatment facility to
  280  provide potable water supply using a surface water that, at the
  281  time of the permit application, is not being used as a potable
  282  water supply, and the classification of which does not include
  283  potable water supply as a designated use, the department shall
  284  add treated potable water supply as a designated use of the
  285  surface water segment in accordance with s. 403.061(29)(b).
  286         (b) For existing public water system drinking water
  287  treatment facilities that use a surface water as a treated
  288  potable water supply, which surface water classification does
  289  not include potable water supply as a designated use, the
  290  department shall add treated potable water supply as a
  291  designated use of the surface water segment in accordance with
  292  s. 403.061(29)(b).
  293         Section 12. For the purpose of incorporating the amendment
  294  made by this act to section 403.201, Florida Statutes, in a
  295  reference thereto, subsection (17) of section 373.414, Florida
  296  Statutes, is reenacted to read:
  297         373.414 Additional criteria for activities in surface
  298  waters and wetlands.—
  299         (17) The variance provisions of s. 403.201 are applicable
  300  to the provisions of this section or any rule adopted pursuant
  301  to this section. The governing boards and the department are
  302  authorized to review and take final agency action on petitions
  303  requesting such variances for those activities they regulate
  304  under this part and s. 373.4145.
  305         Section 13. For the 2016-2017 fiscal year, the sum of
  306  $2,339,764 in nonrecurring funds is appropriated to the
  307  Department of Environmental Protection from the Solid Waste
  308  Management Trust Fund in the Fixed Capital Outlay-Agency
  309  Managed-Closing and Long-Term Care of Solid Waste Management
  310  Facilities appropriation category for the closing and long-term
  311  care of solid waste management facilities.
  312         Section 14. This act shall take effect upon becoming a law.