Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1149, 2nd Eng.
       
       
       
       
       
       
                                Ì198828ZÎ198828                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             03/09/2018 10:35 AM       .                                
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       Senator Perry moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (5) of section 373.250, Florida
    6  Statutes, is amended to read:
    7         373.250 Reuse of reclaimed water.—
    8         (5)(a) No later than October 1, 2012, the department shall
    9  initiate rulemaking to adopt revisions to The water resource
   10  implementation rule, as defined in s. 373.019(25), must which
   11  shall include:
   12         1. Criteria for the use of a proposed impact offset derived
   13  from the use of reclaimed water when a water management district
   14  evaluates an application for a consumptive use permit. As used
   15  in this subparagraph, the term “impact offset” means the use of
   16  reclaimed water to reduce or eliminate a harmful impact that has
   17  occurred or would otherwise occur as a result of other surface
   18  water or groundwater withdrawals. Examples of reclaimed water
   19  use that may create an impact offset include, but are not
   20  limited to, the use of reclaimed water to:
   21         a.Prevent or stop further saltwater intrusion;
   22         b.Raise aquifer levels;
   23         c.Improve the water quality of an aquifer; or
   24         d.Augment surface water to increase the quantity of water
   25  available for water supply.
   26         2. Criteria for the use of substitution credits where a
   27  water management district has adopted rules establishing
   28  withdrawal limits from a specified water resource within a
   29  defined geographic area. As used in this subparagraph, the term
   30  “substitution credit” means the use of reclaimed water to
   31  replace all or a portion of an existing permitted use of
   32  resource-limited surface water or groundwater, allowing a
   33  different user or use to initiate a withdrawal or increase its
   34  withdrawal from the same resource-limited surface water or
   35  groundwater source provided that the withdrawal creates no net
   36  adverse impact on the limited water resource or creates a net
   37  positive impact if required by water management district rule as
   38  part of a strategy to protect or recover a water resource.
   39         3.Criteria by which an impact offset or substitution
   40  credit may be applied to the issuance, renewal, or extension of
   41  the utility’s or another user’s consumptive use permit or may be
   42  used to address additional water resource constraints imposed
   43  through the adoption of a recovery or prevention strategy under
   44  s. 373.0421.
   45         (b) Within 60 days after the final adoption by the
   46  department of the revisions to the water resource implementation
   47  rule required under paragraph (a), each water management
   48  district must shall initiate rulemaking to incorporate those
   49  revisions by reference into the rules of the district.
   50         Section 2. Subsection (1) of section 403.064, Florida
   51  Statutes, is amended, and subsection (17) is added to that
   52  section, to read:
   53         403.064 Reuse of reclaimed water.—
   54         (1) The encouragement and promotion of water conservation,
   55  and reuse of reclaimed water, as defined by the department, are
   56  state objectives and are considered to be in the public
   57  interest. The Legislature finds that the reuse of reclaimed
   58  water is a critical component of meeting the state’s existing
   59  and future water supply needs while sustaining natural systems.
   60  The Legislature further finds that for those wastewater
   61  treatment plants permitted and operated under an approved reuse
   62  program by the department, the reclaimed water shall be
   63  considered environmentally acceptable and not a threat to public
   64  health and safety. The Legislature encourages the development of
   65  aquifer recharge and incentive-based programs for reuse
   66  implementation.
   67         (17)The department and the water management districts
   68  shall develop and enter into a memorandum of agreement providing
   69  for a coordinated review of any reclaimed water project
   70  requiring a reclaimed water facility permit, an underground
   71  injection control permit, and a consumptive use permit. The
   72  memorandum of agreement must provide that the coordinated review
   73  is performed only if the applicant for such permits requests a
   74  coordinated review. The goal of the coordinated review is to
   75  share information, avoid requesting the applicant to submit
   76  redundant information, and ensure, to the extent feasible, a
   77  harmonized review of the reclaimed water project under these
   78  various permitting programs, including the use of a proposed
   79  impact offset or substitution credit in accordance with s.
   80  373.250(5). The department and the water management districts
   81  must develop and execute such memorandum of agreement no later
   82  than December 1, 2018.
   83         Section 3. Present subsection (22) of section 403.706,
   84  Florida Statutes, is renumbered as subsection (23), and a new
   85  subsection (22) is added to that section, to read:
   86         403.706 Local government solid waste responsibilities.—
   87         (22)Counties and municipalities must address the
   88  contamination of recyclable material in contracts for the
   89  collection, transportation, and processing of residential
   90  recyclable material based upon the following:
   91         (a)A residential recycling collector may not be required
   92  to collect or transport contaminated recyclable material, except
   93  pursuant to a contract consistent with paragraph (c). As used in
   94  this subsection, the term “residential recycling collector”
   95  means a for-profit business entity that collects and transports
   96  residential recyclable material on behalf of a county or
   97  municipality.
   98         (b)A recovered materials processing facility may not be
   99  required to process contaminated recyclable material, except
  100  pursuant to a contract consistent with paragraph (d).
  101         (c)Each contract between a residential recycling collector
  102  and a county or municipality for the collection or transport of
  103  residential recyclable material, and each request for proposal
  104  or other solicitation for residential recyclable material, must
  105  define the term “contaminated recyclable material.” The term
  106  should be defined in a manner that is appropriate for the local
  107  community, taking into consideration available markets for
  108  recyclable material, available waste composition studies, and
  109  other relevant factors. The contract and request for proposal or
  110  other solicitation must include:
  111         1.The respective strategies and obligations of the county
  112  or municipality and the residential recycling collector to
  113  reduce the amount of contaminated recyclable material being
  114  collected;
  115         2.The procedures for identifying, documenting, managing,
  116  and rejecting residential recycling containers, carts, or bins
  117  that contain contaminated recyclable material;
  118         3.The remedies authorized to be used if a container, cart,
  119  or bin contains contaminated recyclable material; and
  120         4.The education and enforcement measures that will be used
  121  to reduce the amount of contaminated recyclable material.
  122         (d)Each contract between a recovered materials processing
  123  facility and a county or municipality for processing residential
  124  recyclable material, and each request for proposal or other
  125  solicitation for processing residential recyclable material,
  126  must define the term “contaminated recyclable material.” The
  127  term should be defined in a manner that is appropriate for the
  128  local community, taking into consideration available markets for
  129  recyclable material, available waste composition studies, and
  130  other relevant factors. The contract and request for proposal
  131  must include:
  132         1.The respective strategies and obligations of the county
  133  or municipality and the facility to reduce the amount of
  134  contaminated recyclable material being collected and processed;
  135         2.The procedures for identifying, documenting, managing,
  136  and rejecting residential recycling containers, carts, or bins
  137  that contain contaminated recyclable material; and
  138         3.The remedies authorized to be used if a container or
  139  load contains contaminated recyclable material.
  140         (e)This subsection applies to each contract between a
  141  municipality or county and a residential recycling collector or
  142  recovered materials processing facility executed or renewed
  143  after July 1, 2018.
  144         Section 4. Subsection (1) of section 403.813, Florida
  145  Statutes, is amended to read:
  146         403.813 Permits issued at district centers; exceptions.—
  147         (1) A permit is not required under this chapter, chapter
  148  373, chapter 61-691, Laws of Florida, or chapter 25214 or
  149  chapter 25270, 1949, Laws of Florida, and a local government may
  150  not require an individual claiming this exemption to provide
  151  further department verification, for activities associated with
  152  the following types of projects; however, except as otherwise
  153  provided in this subsection, this subsection does not relieve an
  154  applicant from any requirement to obtain permission to use or
  155  occupy lands owned by the Board of Trustees of the Internal
  156  Improvement Trust Fund or a water management district in its
  157  governmental or proprietary capacity or from complying with
  158  applicable local pollution control programs authorized under
  159  this chapter or other requirements of county and municipal
  160  governments:
  161         (a) The installation of overhead transmission lines, having
  162  with support structures that which are not constructed in waters
  163  of the state and which do not create a navigational hazard.
  164         (b) The installation and repair of mooring pilings and
  165  dolphins associated with private docking facilities or piers and
  166  the installation of private docks, piers, and recreational
  167  docking facilities, or piers and recreational docking facilities
  168  of local governmental entities when the local governmental
  169  entity’s activities will not take place in any manatee habitat,
  170  any of which docks:
  171         1. Has 500 square feet or less of over-water surface area
  172  for a dock which is located in an area designated as Outstanding
  173  Florida Waters or 1,000 square feet or less of over-water
  174  surface area for a dock which is located in an area that which
  175  is not designated as Outstanding Florida Waters;
  176         2. Is constructed on or held in place by pilings or is a
  177  floating dock which is constructed so as not to involve filling
  178  or dredging other than that necessary to install the pilings;
  179         3. May Shall not substantially impede the flow of water or
  180  create a navigational hazard;
  181         4. Is used for recreational, noncommercial activities
  182  associated with the mooring or storage of boats and boat
  183  paraphernalia; and
  184         5. Is the sole dock constructed pursuant to this exemption
  185  as measured along the shoreline for a distance of 65 feet,
  186  unless the parcel of land or individual lot as platted is less
  187  than 65 feet in length along the shoreline, in which case there
  188  may be one exempt dock allowed per parcel or lot.
  189  
  190  Nothing in This paragraph does not shall prohibit the department
  191  from taking appropriate enforcement action pursuant to this
  192  chapter to abate or prohibit any activity otherwise exempt from
  193  permitting pursuant to this paragraph if the department can
  194  demonstrate that the exempted activity has caused water
  195  pollution in violation of this chapter.
  196         (c) The installation and maintenance to design
  197  specifications of boat ramps on artificial bodies of water where
  198  navigational access to the proposed ramp exists or the
  199  installation of boat ramps open to the public in any waters of
  200  the state where navigational access to the proposed ramp exists
  201  and where the construction of the proposed ramp will be less
  202  than 30 feet wide and will involve the removal of less than 25
  203  cubic yards of material from the waters of the state, and the
  204  maintenance to design specifications of such ramps; however, the
  205  material to be removed shall be placed upon a self-contained
  206  upland site so as to prevent the escape of the spoil material
  207  into the waters of the state.
  208         (d) The replacement or repair of existing docks and piers,
  209  except that fill material may not be used and the replacement or
  210  repaired dock or pier must be within 5 feet of the same location
  211  and no larger in size than the existing dock or pier, and
  212  additional aquatic resources may not be adversely and
  213  permanently impacted by such replacement or repair in the same
  214  location and of the same configuration and dimensions as the
  215  dock or pier being replaced or repaired. This does not preclude
  216  the use of different construction materials or minor deviations
  217  to allow upgrades to current structural and design standards.
  218         (e) The restoration of seawalls at their previous locations
  219  or upland of, or within 18 inches waterward of, their previous
  220  locations. However, this may shall not affect the permitting
  221  requirements of chapter 161, and department rules shall clearly
  222  indicate that this exception does not constitute an exception
  223  from the permitting requirements of chapter 161.
  224         (f) The performance of maintenance dredging of existing
  225  manmade canals, channels, intake and discharge structures, and
  226  previously dredged portions of natural water bodies within
  227  drainage rights-of-way or drainage easements which have been
  228  recorded in the public records of the county, where the spoil
  229  material is to be removed and deposited on a self-contained,
  230  upland spoil site which will prevent the escape of the spoil
  231  material into the waters of the state, provided that no more
  232  dredging is to be performed than is necessary to restore the
  233  canals, channels, and intake and discharge structures, and
  234  previously dredged portions of natural water bodies, to original
  235  design specifications or configurations, provided that the work
  236  is conducted in compliance with s. 379.2431(2)(d), provided that
  237  no significant impacts occur to previously undisturbed natural
  238  areas, and provided that control devices for return flow and
  239  best management practices for erosion and sediment control are
  240  utilized to prevent bank erosion and scouring and to prevent
  241  turbidity, dredged material, and toxic or deleterious substances
  242  from discharging into adjacent waters during maintenance
  243  dredging. Further, for maintenance dredging of previously
  244  dredged portions of natural water bodies within recorded
  245  drainage rights-of-way or drainage easements, an entity that
  246  seeks an exemption must notify the department or water
  247  management district, as applicable, at least 30 days before
  248  prior to dredging and provide documentation of original design
  249  specifications or configurations where such exist. This
  250  exemption applies to all canals and previously dredged portions
  251  of natural water bodies within recorded drainage rights-of-way
  252  or drainage easements constructed before prior to April 3, 1970,
  253  and to those canals and previously dredged portions of natural
  254  water bodies constructed on or after April 3, 1970, pursuant to
  255  all necessary state permits. This exemption does not apply to
  256  the removal of a natural or manmade barrier separating a canal
  257  or canal system from adjacent waters. When no previous permit
  258  has been issued by the Board of Trustees of the Internal
  259  Improvement Trust Fund or the United States Army Corps of
  260  Engineers for construction or maintenance dredging of the
  261  existing manmade canal or intake or discharge structure, such
  262  maintenance dredging shall be limited to a depth of no more than
  263  5 feet below mean low water. The Board of Trustees of the
  264  Internal Improvement Trust Fund may fix and recover from the
  265  permittee an amount equal to the difference between the fair
  266  market value and the actual cost of the maintenance dredging for
  267  material removed during such maintenance dredging. However, no
  268  charge shall be exacted by the state for material removed during
  269  such maintenance dredging by a public port authority. The
  270  removing party may subsequently sell such material; however,
  271  proceeds from such sale that exceed the costs of maintenance
  272  dredging shall be remitted to the state and deposited in the
  273  Internal Improvement Trust Fund.
  274         (g) The maintenance of existing insect control structures,
  275  dikes, and irrigation and drainage ditches, provided that spoil
  276  material is deposited on a self-contained, upland spoil site
  277  which will prevent the escape of the spoil material into waters
  278  of the state. In the case of insect control structures, if the
  279  cost of using a self-contained upland spoil site is so
  280  excessive, as determined by the Department of Health, pursuant
  281  to s. 403.088(1), that it will inhibit proposed insect control,
  282  then-existing spoil sites or dikes may be used, upon
  283  notification to the department. In the case of insect control
  284  where upland spoil sites are not used pursuant to this
  285  exemption, turbidity control devices shall be used to confine
  286  the spoil material discharge to that area previously disturbed
  287  when the receiving body of water is used as a potable water
  288  supply, is designated as shellfish harvesting waters, or
  289  functions as a habitat for commercially or recreationally
  290  important shellfish or finfish. In all cases, no more dredging
  291  is to be performed than is necessary to restore the dike or
  292  irrigation or drainage ditch to its original design
  293  specifications.
  294         (h) The repair or replacement of existing functional pipes
  295  or culverts the purpose of which is the discharge or conveyance
  296  of stormwater. In all cases, the invert elevation, the diameter,
  297  and the length of the culvert may shall not be changed. However,
  298  the material used for the culvert may be different from the
  299  original.
  300         (i) The construction of private docks of 1,000 square feet
  301  or less of over-water surface area and seawalls in artificially
  302  created waterways where such construction will not violate
  303  existing water quality standards, impede navigation, or affect
  304  flood control. This exemption does not apply to the construction
  305  of vertical seawalls in estuaries or lagoons unless the proposed
  306  construction is within an existing manmade canal where the
  307  shoreline is currently occupied in whole or part by vertical
  308  seawalls.
  309         (j) The construction and maintenance of swales.
  310         (k) The installation of aids to navigation and buoys
  311  associated with such aids, provided the devices are marked
  312  pursuant to s. 327.40.
  313         (l) The replacement or repair of existing open-trestle foot
  314  bridges and vehicular bridges that are 100 feet or less in
  315  length and two lanes or less in width, provided that no more
  316  dredging or filling of submerged lands is performed other than
  317  that which is necessary to replace or repair pilings and that
  318  the structure to be replaced or repaired is the same length, the
  319  same configuration, and in the same location as the original
  320  bridge. No debris from the original bridge shall be allowed to
  321  remain in the waters of the state.
  322         (m) The installation of subaqueous transmission and
  323  distribution lines laid on, or embedded in, the bottoms of
  324  waters in the state, except in Class I and Class II waters and
  325  aquatic preserves, provided no dredging or filling is necessary.
  326         (n) The replacement or repair of subaqueous transmission
  327  and distribution lines laid on, or embedded in, the bottoms of
  328  waters of the state.
  329         (o) The construction of private seawalls in wetlands or
  330  other surface waters where such construction is between and
  331  adjoins at both ends existing seawalls; follows a continuous and
  332  uniform seawall construction line with the existing seawalls; is
  333  no more than 150 feet in length; and does not violate existing
  334  water quality standards, impede navigation, or affect flood
  335  control. However, in estuaries and lagoons the construction of
  336  vertical seawalls is limited to the circumstances and purposes
  337  stated in s. 373.414(5)(b)1.-4. This paragraph does not affect
  338  the permitting requirements of chapter 161, and department rules
  339  must clearly indicate that this exception does not constitute an
  340  exception from the permitting requirements of chapter 161.
  341         (p) The restoration of existing insect control impoundment
  342  dikes which are less than 100 feet in length. Such impoundments
  343  shall be connected to tidally influenced waters for 6 months
  344  each year beginning September 1 and ending February 28 if
  345  feasible or operated in accordance with an impoundment
  346  management plan approved by the department. A dike restoration
  347  may involve no more dredging than is necessary to restore the
  348  dike to its original design specifications. For the purposes of
  349  this paragraph, restoration does not include maintenance of
  350  impoundment dikes of operating insect control impoundments.
  351         (q) The construction, operation, or maintenance of
  352  stormwater management facilities which are designed to serve
  353  single-family residential projects, including duplexes,
  354  triplexes, and quadruplexes, if they are less than 10 acres
  355  total land and have less than 2 acres of impervious surface and
  356  if the facilities:
  357         1. Comply with all regulations or ordinances applicable to
  358  stormwater management and adopted by a city or county;
  359         2. Are not part of a larger common plan of development or
  360  sale; and
  361         3. Discharge into a stormwater discharge facility exempted
  362  or permitted by the department under this chapter which has
  363  sufficient capacity and treatment capability as specified in
  364  this chapter and is owned, maintained, or operated by a city,
  365  county, special district with drainage responsibility, or water
  366  management district; however, this exemption does not authorize
  367  discharge to a facility without the facility owner’s prior
  368  written consent.
  369         (r) The removal of aquatic plants, the removal of tussocks,
  370  the associated replanting of indigenous aquatic plants, and the
  371  associated removal from lakes of organic detrital material when
  372  such planting or removal is performed and authorized by permit
  373  or exemption granted under s. 369.20 or s. 369.25, provided
  374  that:
  375         1. Organic detrital material that exists on the surface of
  376  natural mineral substrate shall be allowed to be removed to a
  377  depth of 3 feet or to the natural mineral substrate, whichever
  378  is less;
  379         2. All material removed pursuant to this paragraph shall be
  380  deposited in an upland site in a manner that will prevent the
  381  reintroduction of the material into waters in the state except
  382  when spoil material is permitted to be used to create wildlife
  383  islands in freshwater bodies of the state when a governmental
  384  entity is permitted pursuant to s. 369.20 to create such islands
  385  as a part of a restoration or enhancement project;
  386         3. All activities are performed in a manner consistent with
  387  state water quality standards; and
  388         4. No activities under this exemption are conducted in
  389  wetland areas, as defined in s. 373.019(27), which are supported
  390  by a natural soil as shown in applicable United States
  391  Department of Agriculture county soil surveys, except when a
  392  governmental entity is permitted pursuant to s. 369.20 to
  393  conduct such activities as a part of a restoration or
  394  enhancement project.
  395  
  396  The department may not adopt implementing rules for this
  397  paragraph, notwithstanding any other provision of law.
  398         (s) The construction, installation, operation, or
  399  maintenance of floating vessel platforms or floating boat lifts,
  400  provided that such structures:
  401         1. Float at all times in the water for the sole purpose of
  402  supporting a vessel so that the vessel is out of the water when
  403  not in use;
  404         2. Are wholly contained within a boat slip previously
  405  permitted under ss. 403.91-403.929, 1984 Supplement to the
  406  Florida Statutes 1983, as amended, or part IV of chapter 373, or
  407  do not exceed a combined total of 500 square feet, or 200 square
  408  feet in an Outstanding Florida Water, when associated with a
  409  dock that is exempt under this subsection or associated with a
  410  permitted dock with no defined boat slip or attached to a
  411  bulkhead on a parcel of land where there is no other docking
  412  structure;
  413         3. Are not used for any commercial purpose or for mooring
  414  vessels that remain in the water when not in use, and do not
  415  substantially impede the flow of water, create a navigational
  416  hazard, or unreasonably infringe upon the riparian rights of
  417  adjacent property owners, as defined in s. 253.141;
  418         4. Are constructed and used so as to minimize adverse
  419  impacts to submerged lands, wetlands, shellfish areas, aquatic
  420  plant and animal species, and other biological communities,
  421  including locating such structures in areas where seagrasses are
  422  least dense adjacent to the dock or bulkhead; and
  423         5. Are not constructed in areas specifically prohibited for
  424  boat mooring under conditions of a permit issued in accordance
  425  with ss. 403.91-403.929, 1984 Supplement to the Florida Statutes
  426  1983, as amended, or part IV of chapter 373, or other form of
  427  authorization issued by a local government.
  428  
  429  Structures that qualify for this exemption are relieved from any
  430  requirement to obtain permission to use or occupy lands owned by
  431  the Board of Trustees of the Internal Improvement Trust Fund
  432  and, with the exception of those structures attached to a
  433  bulkhead on a parcel of land where there is no docking
  434  structure, may shall not be subject to any more stringent
  435  permitting requirements, registration requirements, or other
  436  regulation by any local government. Local governments may
  437  require either permitting or one-time registration of floating
  438  vessel platforms to be attached to a bulkhead on a parcel of
  439  land where there is no other docking structure as necessary to
  440  ensure compliance with local ordinances, codes, or regulations.
  441  Local governments may require either permitting or one-time
  442  registration of all other floating vessel platforms as necessary
  443  to ensure compliance with the exemption criteria in this
  444  section; to ensure compliance with local ordinances, codes, or
  445  regulations relating to building or zoning, which are no more
  446  stringent than the exemption criteria in this section or address
  447  subjects other than subjects addressed by the exemption criteria
  448  in this section; and to ensure proper installation, maintenance,
  449  and precautionary or evacuation action following a tropical
  450  storm or hurricane watch of a floating vessel platform or
  451  floating boat lift that is proposed to be attached to a bulkhead
  452  or parcel of land where there is no other docking structure. The
  453  exemption provided in this paragraph shall be in addition to the
  454  exemption provided in paragraph (b). The department shall adopt
  455  a general permit by rule for the construction, installation,
  456  operation, or maintenance of those floating vessel platforms or
  457  floating boat lifts that do not qualify for the exemption
  458  provided in this paragraph but do not cause significant adverse
  459  impacts to occur individually or cumulatively. The issuance of
  460  such general permit shall also constitute permission to use or
  461  occupy lands owned by the Board of Trustees of the Internal
  462  Improvement Trust Fund. No local government shall impose a more
  463  stringent regulation, permitting requirement, registration
  464  requirement, or other regulation covered by such general permit.
  465  Local governments may require either permitting or one-time
  466  registration of floating vessel platforms as necessary to ensure
  467  compliance with the general permit in this section; to ensure
  468  compliance with local ordinances, codes, or regulations relating
  469  to building or zoning that are no more stringent than the
  470  general permit in this section; and to ensure proper
  471  installation and maintenance of a floating vessel platform or
  472  floating boat lift that is proposed to be attached to a bulkhead
  473  or parcel of land where there is no other docking structure.
  474         (t) The repair, stabilization, or paving of existing county
  475  maintained roads and the repair or replacement of bridges that
  476  are part of the roadway, within the Northwest Florida Water
  477  Management District and the Suwannee River Water Management
  478  District, provided:
  479         1. The road and associated bridge were in existence and in
  480  use as a public road or bridge, and were maintained by the
  481  county as a public road or bridge on or before January 1, 2002;
  482         2. The construction activity does not realign the road or
  483  expand the number of existing traffic lanes of the existing
  484  road; however, the work may include the provision of safety
  485  shoulders, clearance of vegetation, and other work reasonably
  486  necessary to repair, stabilize, pave, or repave the road,
  487  provided that the work is constructed by generally accepted
  488  engineering standards;
  489         3. The construction activity does not expand the existing
  490  width of an existing vehicular bridge in excess of that
  491  reasonably necessary to properly connect the bridge with the
  492  road being repaired, stabilized, paved, or repaved to safely
  493  accommodate the traffic expected on the road, which may include
  494  expanding the width of the bridge to match the existing
  495  connected road. However, no debris from the original bridge
  496  shall be allowed to remain in waters of the state, including
  497  wetlands;
  498         4. Best management practices for erosion control shall be
  499  employed as necessary to prevent water quality violations;
  500         5. Roadside swales or other effective means of stormwater
  501  treatment must be incorporated as part of the project;
  502         6. No more dredging or filling of wetlands or water of the
  503  state is performed than that which is reasonably necessary to
  504  repair, stabilize, pave, or repave the road or to repair or
  505  replace the bridge, in accordance with generally accepted
  506  engineering standards; and
  507         7. Notice of intent to use the exemption is provided to the
  508  department, if the work is to be performed within the Northwest
  509  Florida Water Management District, or to the Suwannee River
  510  Water Management District, if the work is to be performed within
  511  the Suwannee River Water Management District, 30 days before
  512  prior to performing any work under the exemption.
  513  
  514  Within 30 days after this act becomes a law, the department
  515  shall initiate rulemaking to adopt a no fee general permit for
  516  the repair, stabilization, or paving of existing roads that are
  517  maintained by the county and the repair or replacement of
  518  bridges that are part of the roadway where such activities do
  519  not cause significant adverse impacts to occur individually or
  520  cumulatively. The general permit shall apply statewide and, with
  521  no additional rulemaking required, apply to qualified projects
  522  reviewed by the Suwannee River Water Management District, the
  523  St. Johns River Water Management District, the Southwest Florida
  524  Water Management District, and the South Florida Water
  525  Management District under the division of responsibilities
  526  contained in the operating agreements applicable to part IV of
  527  chapter 373. Upon adoption, this general permit shall, pursuant
  528  to the provisions of subsection (2), supersede and replace the
  529  exemption in this paragraph.
  530         (u) Notwithstanding any provision to the contrary in this
  531  subsection, a permit or other authorization under chapter 253,
  532  chapter 369, chapter 373, or this chapter is not required for an
  533  individual residential property owner for the removal of organic
  534  detrital material from freshwater rivers or lakes that have a
  535  natural sand or rocky substrate and that are not Aquatic
  536  Preserves or for the associated removal and replanting of
  537  aquatic vegetation for the purpose of environmental enhancement,
  538  providing that:
  539         1. No activities under this exemption are conducted in
  540  wetland areas, as defined in s. 373.019(27), which are supported
  541  by a natural soil as shown in applicable United States
  542  Department of Agriculture county soil surveys.
  543         2. No filling or peat mining is allowed.
  544         3. No removal of native wetland trees, including, but not
  545  limited to, ash, bay, cypress, gum, maple, or tupelo, occurs.
  546         4. When removing organic detrital material, no portion of
  547  the underlying natural mineral substrate or rocky substrate is
  548  removed.
  549         5. Organic detrital material and plant material removed is
  550  deposited in an upland site in a manner that will not cause
  551  water quality violations.
  552         6. All activities are conducted in such a manner, and with
  553  appropriate turbidity controls, so as to prevent any water
  554  quality violations outside the immediate work area.
  555         7. Replanting with a variety of aquatic plants native to
  556  the state shall occur in a minimum of 25 percent of the
  557  preexisting vegetated areas where organic detrital material is
  558  removed, except for areas where the material is removed to bare
  559  rocky substrate; however, an area may be maintained clear of
  560  vegetation as an access corridor. The access corridor width may
  561  not exceed 50 percent of the property owner’s frontage or 50
  562  feet, whichever is less, and may be a sufficient length
  563  waterward to create a corridor to allow access for a boat or
  564  swimmer to reach open water. Replanting must be at a minimum
  565  density of 2 feet on center and be completed within 90 days
  566  after removal of existing aquatic vegetation, except that under
  567  dewatered conditions replanting must be completed within 90 days
  568  after reflooding. The area to be replanted must extend waterward
  569  from the ordinary high water line to a point where normal water
  570  depth would be 3 feet or the preexisting vegetation line,
  571  whichever is less. Individuals are required to make a reasonable
  572  effort to maintain planting density for a period of 6 months
  573  after replanting is complete, and the plants, including
  574  naturally recruited native aquatic plants, must be allowed to
  575  expand and fill in the revegetation area. Native aquatic plants
  576  to be used for revegetation must be salvaged from the
  577  enhancement project site or obtained from an aquatic plant
  578  nursery regulated by the Department of Agriculture and Consumer
  579  Services. Plants that are not native to the state may not be
  580  used for replanting.
  581         8. No activity occurs any farther than 100 feet waterward
  582  of the ordinary high water line, and all activities must be
  583  designed and conducted in a manner that will not unreasonably
  584  restrict or infringe upon the riparian rights of adjacent upland
  585  riparian owners.
  586         9. The person seeking this exemption notifies the
  587  applicable department district office in writing at least 30
  588  days before commencing work and allows the department to conduct
  589  a preconstruction site inspection. Notice must include an
  590  organic-detrital-material removal and disposal plan and, if
  591  applicable, a vegetation-removal and revegetation plan.
  592         10. The department is provided written certification of
  593  compliance with the terms and conditions of this paragraph
  594  within 30 days after completion of any activity occurring under
  595  this exemption.
  596         (v) Notwithstanding any other provision in this chapter,
  597  chapter 373, or chapter 161, a permit or other authorization is
  598  not required for the following exploratory activities associated
  599  with beach restoration and nourishment projects and inlet
  600  management activities:
  601         1. The collection of geotechnical, geophysical, and
  602  cultural resource data, including surveys, mapping, acoustic
  603  soundings, benthic and other biologic sampling, and coring.
  604         2. Oceanographic instrument deployment, including temporary
  605  installation on the seabed of coastal and oceanographic data
  606  collection equipment.
  607         3. Incidental excavation associated with any of the
  608  activities listed under subparagraph 1. or subparagraph 2.
  609         Section 5. Effective January 1, 2019, section 403.1839,
  610  Florida Statutes, is created to read:
  611         403.1839Blue star collection system assessment and
  612  maintenance program.—
  613         (1)DEFINITIONS.—As used in this section, the term:
  614         (a) “Domestic wastewater” has the same meaning as in s.
  615  367.021.
  616         (b) “Domestic wastewater collection system” has the same
  617  meaning as in s. 403.866.
  618         (c) “Program” means the blue star collection system
  619  assessment and maintenance program created pursuant to this
  620  section.
  621         (d)Sanitary sewer overflow” means the unauthorized
  622  overflow, spill, release, discharge, or diversion of untreated
  623  or partially treated domestic wastewater.
  624         (2)LEGISLATIVE FINDINGS.—The Legislature finds that:
  625         (a)The implementation of domestic wastewater collection
  626  system assessment and maintenance practices has been shown to
  627  effectively limit sanitary sewer overflows and the unauthorized
  628  discharge of pathogens.
  629         (b)The voluntary implementation of domestic wastewater
  630  collection system assessment and maintenance practices beyond
  631  those required by law has the potential to further limit
  632  sanitary sewer overflows.
  633         (c)The unique geography, community, growth, size, and age
  634  of domestic wastewater collection systems across the state
  635  require diverse responses, using the best professional judgment
  636  of local utility operators, to ensure that programs designed to
  637  limit sanitary sewer overflows are effective.
  638         (3)ESTABLISHMENT AND PURPOSE.—There is established in the
  639  department a blue star collection system assessment and
  640  maintenance program. The purpose of this voluntary incentive
  641  program is to assist public and private utilities in limiting
  642  sanitary sewer overflows and the unauthorized discharge of
  643  pathogens.
  644         (4)APPROVAL AND STANDARDS.—
  645         (a)The department shall adopt rules to administer the
  646  program, including program certification standards, and shall
  647  review and, if appropriate, approve public and private domestic
  648  wastewater utilities that apply for certification under the
  649  program or that demonstrate continued compliance with program
  650  certification requirements pursuant to paragraph (c).
  651         (b)In order to be certified under the program, a utility
  652  must provide reasonable documentation that demonstrates that it
  653  meets the following certification standards:
  654         1.Implementation of periodic collection system and pump
  655  station structural condition assessments and the performance of
  656  as-needed maintenance and replacement.
  657         2. Adequate reinvestment by the utility in its collection
  658  system and pump station structural condition assessment and
  659  maintenance and replacement program to reasonably maintain the
  660  working integrity of the system and station.
  661         3.Implementation of a program designed to limit the
  662  presence of fats, roots, oils, and grease in the collection
  663  system.
  664         4.If the applicant is a public utility, the existence of a
  665  local law or building code requiring the private pump stations
  666  and lateral lines connecting to the public system to be free of:
  667         a.Cracks, holes, missing parts, or similar defects; and
  668         b.Direct stormwater connections that allow the direct
  669  inflow of stormwater into the private system and the public
  670  domestic wastewater collection system.
  671         5.Adoption of a power outage contingency plan that
  672  addresses mitigation of the impacts of power outages on the
  673  utility’s collection system and pump stations.
  674         (c)Program certifications expire after 5 years. During the
  675  5-year certification period, a utility must annually provide
  676  documentation to the department on the status of its
  677  implementation of the program and must demonstrate that it meets
  678  all program criteria in order to maintain its program
  679  certification.
  680         (5)PUBLICATION.—Beginning on January 1, 2020, the
  681  department shall annually publish on its website a list of
  682  certified blue star utilities.
  683         (6)FEDERAL PROGRAM PARTICIPATION.—The department shall
  684  allow public and private, nonprofit utilities to participate in
  685  the Clean Water State Revolving Fund Program for any purpose of
  686  the program which is consistent with federal requirements for
  687  participating in the Clean Water State Revolving Fund Program.
  688         (7)REDUCED PENALTIES.—In the calculation of penalties for
  689  a sanitary sewer overflow pursuant to s. 403.161, the department
  690  may reduce the penalty based on a utility’s status as a
  691  certified blue star utility in accordance with this section. The
  692  department may also reduce a penalty based on a certified blue
  693  star utility’s investment in assessment and maintenance
  694  activities to identify and address conditions that may cause
  695  sanitary sewer overflows or interruption of service to customers
  696  due to a physical condition or defect in the system.
  697         Section 6. Effective January 1, 2019, paragraph (c) of
  698  subsection (7) of section 403.067, Florida Statutes, is amended
  699  to read:
  700         403.067 Establishment and implementation of total maximum
  701  daily loads.—
  702         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
  703  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
  704         (c) Best management practices.—
  705         1. The department, in cooperation with the water management
  706  districts and other interested parties, as appropriate, may
  707  develop suitable interim measures, best management practices, or
  708  other measures necessary to achieve the level of pollution
  709  reduction established by the department for nonagricultural
  710  nonpoint pollutant sources in allocations developed pursuant to
  711  subsection (6) and this subsection. These practices and measures
  712  may be adopted by rule by the department and the water
  713  management districts and, where adopted by rule, must shall be
  714  implemented by those parties responsible for nonagricultural
  715  nonpoint source pollution.
  716         2. The Department of Agriculture and Consumer Services may
  717  develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
  718  suitable interim measures, best management practices, or other
  719  measures necessary to achieve the level of pollution reduction
  720  established by the department for agricultural pollutant sources
  721  in allocations developed pursuant to subsection (6) and this
  722  subsection or for programs implemented pursuant to paragraph
  723  (12)(b). These practices and measures may be implemented by
  724  those parties responsible for agricultural pollutant sources and
  725  the department, the water management districts, and the
  726  Department of Agriculture and Consumer Services shall assist
  727  with implementation. In the process of developing and adopting
  728  rules for interim measures, best management practices, or other
  729  measures, the Department of Agriculture and Consumer Services
  730  must shall consult with the department, the Department of
  731  Health, the water management districts, representatives from
  732  affected farming groups, and environmental group
  733  representatives. Such rules must also incorporate provisions for
  734  a notice of intent to implement the practices and a system to
  735  assure the implementation of the practices, including site
  736  inspection and recordkeeping requirements.
  737         3. Where interim measures, best management practices, or
  738  other measures are adopted by rule, the effectiveness of such
  739  practices in achieving the levels of pollution reduction
  740  established in allocations developed by the department pursuant
  741  to subsection (6) and this subsection or in programs implemented
  742  pursuant to paragraph (12)(b) must be verified at representative
  743  sites by the department. The department shall use best
  744  professional judgment in making the initial verification that
  745  the best management practices are reasonably expected to be
  746  effective and, where applicable, must notify the appropriate
  747  water management district or the Department of Agriculture and
  748  Consumer Services of its initial verification before the
  749  adoption of a rule proposed pursuant to this paragraph.
  750  Implementation, in accordance with rules adopted under this
  751  paragraph, of practices that have been initially verified to be
  752  effective, or verified to be effective by monitoring at
  753  representative sites, by the department, shall provide a
  754  presumption of compliance with state water quality standards and
  755  release from the provisions of s. 376.307(5) for those
  756  pollutants addressed by the practices, and the department is not
  757  authorized to institute proceedings against the owner of the
  758  source of pollution to recover costs or damages associated with
  759  the contamination of surface water or groundwater caused by
  760  those pollutants. Research projects funded by the department, a
  761  water management district, or the Department of Agriculture and
  762  Consumer Services to develop or demonstrate interim measures or
  763  best management practices shall be granted a presumption of
  764  compliance with state water quality standards and a release from
  765  the provisions of s. 376.307(5). The presumption of compliance
  766  and release is limited to the research site and only for those
  767  pollutants addressed by the interim measures or best management
  768  practices. Eligibility for the presumption of compliance and
  769  release is limited to research projects on sites where the owner
  770  or operator of the research site and the department, a water
  771  management district, or the Department of Agriculture and
  772  Consumer Services have entered into a contract or other
  773  agreement that, at a minimum, specifies the research objectives,
  774  the cost-share responsibilities of the parties, and a schedule
  775  that details the beginning and ending dates of the project.
  776         4. Where water quality problems are demonstrated, despite
  777  the appropriate implementation, operation, and maintenance of
  778  best management practices and other measures required by rules
  779  adopted under this paragraph, the department, a water management
  780  district, or the Department of Agriculture and Consumer
  781  Services, in consultation with the department, shall institute a
  782  reevaluation of the best management practice or other measure.
  783  Should the reevaluation determine that the best management
  784  practice or other measure requires modification, the department,
  785  a water management district, or the Department of Agriculture
  786  and Consumer Services, as appropriate, must shall revise the
  787  rule to require implementation of the modified practice within a
  788  reasonable time period as specified in the rule.
  789         5. Agricultural records relating to processes or methods of
  790  production, costs of production, profits, or other financial
  791  information held by the Department of Agriculture and Consumer
  792  Services pursuant to subparagraphs 3. and 4. or pursuant to any
  793  rule adopted pursuant to subparagraph 2. are confidential and
  794  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  795  Constitution. Upon request, records made confidential and exempt
  796  pursuant to this subparagraph shall be released to the
  797  department or any water management district provided that the
  798  confidentiality specified by this subparagraph for such records
  799  is maintained.
  800         6. The provisions of subparagraphs 1. and 2. do not
  801  preclude the department or water management district from
  802  requiring compliance with water quality standards or with
  803  current best management practice requirements set forth in any
  804  applicable regulatory program authorized by law for the purpose
  805  of protecting water quality. Additionally, subparagraphs 1. and
  806  2. are applicable only to the extent that they do not conflict
  807  with any rules adopted by the department that are necessary to
  808  maintain a federally delegated or approved program.
  809         7.The department must provide a domestic wastewater
  810  utility that implements and maintains a program as a certified
  811  blue star utility in accordance with s. 403.1839 with a
  812  presumption of compliance with state water quality standards for
  813  pathogens when the utility demonstrates a history of compliance
  814  with wastewater disinfection requirements incorporated in the
  815  utility’s operating permit for any discharge into the impaired
  816  surface water.
  817         Section 7. Effective January 1, 2019, subsection (11) is
  818  added to section 403.087, Florida Statutes, to read:
  819         403.087 Permits; general issuance; denial; revocation;
  820  prohibition; penalty.—
  821         (11)Subject to the permit duration limits for a utility
  822  permitted pursuant to s. 403.0885, the department must issue a
  823  blue star utility certified pursuant to s. 403.1839 a 10-year
  824  permit, for the same fee and under the same conditions that
  825  apply to a 5-year permit, upon approval of its application for
  826  permit renewal, if the certified blue star utility demonstrates
  827  that it:
  828         (a)Is in compliance with any consent order or an
  829  accompanying administrative order related to its permit;
  830         (b)Does not have any pending enforcement action against it
  831  by the Environmental Protection Agency, the department, or a
  832  local program; and
  833         (c)If applicable, has submitted annual program
  834  implementation reports demonstrating progress in the
  835  implementation of the program.
  836         Section 8. Effective January 1, 2019, present subsection
  837  (6) of section 403.161, Florida Statutes, is redesignated as
  838  subsection (7), and a new subsection (6) is added to that
  839  section, to read:
  840         403.161 Prohibitions, violation, penalty, intent.—
  841         (6) Notwithstanding any other law, the department may
  842  reduce a penalty based on the person’s investment in the
  843  assessment, maintenance, rehabilitation, or expansion of the
  844  permitted facility.
  845         Section 9. Effective January 1, 2019, paragraphs (a) and
  846  (b) of subsection (3) of section 403.1838, Florida Statutes, are
  847  amended to read:
  848         403.1838 Small Community Sewer Construction Assistance
  849  Act.—
  850         (3)(a) In accordance with rules adopted by the
  851  Environmental Regulation Commission under this section, the
  852  department may provide grants, from funds specifically
  853  appropriated for this purpose, to financially disadvantaged
  854  small communities and to private, nonprofit utilities serving
  855  financially disadvantaged small communities for up to 100
  856  percent of the costs of planning, assessing, designing,
  857  constructing, upgrading, or replacing wastewater collection,
  858  transmission, treatment, disposal, and reuse facilities,
  859  including necessary legal and administrative expenses. Grants
  860  issued pursuant to this section may also be used for planning
  861  and implementing domestic wastewater collection system
  862  assessment programs to identify conditions that may cause
  863  sanitary sewer overflows or interruption of service to customers
  864  due to a physical condition or defect in the system.
  865         (b) The rules of the Environmental Regulation Commission
  866  must:
  867         1. Require that projects to plan, assess, design,
  868  construct, upgrade, or replace wastewater collection,
  869  transmission, treatment, disposal, and reuse facilities be cost
  870  effective, environmentally sound, permittable, and
  871  implementable.
  872         2. Require appropriate user charges, connection fees, and
  873  other charges sufficient to ensure the long-term operation,
  874  maintenance, and replacement of the facilities constructed under
  875  each grant.
  876         3. Require grant applications to be submitted on
  877  appropriate forms with appropriate supporting documentation, and
  878  require records to be maintained.
  879         4. Establish a system to determine eligibility of grant
  880  applications.
  881         5. Establish a system to determine the relative priority of
  882  grant applications. The system must consider public health
  883  protection and water pollution abatement.
  884         6. Establish requirements for competitive procurement of
  885  engineering and construction services, materials, and equipment.
  886         7. Provide for termination of grants when program
  887  requirements are not met.
  888         Section 10. Except as otherwise expressly provided in this
  889  act, this act shall take effect upon becoming a law.
  890  
  891  ================= T I T L E  A M E N D M E N T ================
  892  And the title is amended as follows:
  893         Delete everything before the enacting clause
  894  and insert:
  895                        A bill to be entitled                      
  896         An act relating to environmental regulation; amending
  897         s. 373.250, F.S.; deleting an obsolete provision;
  898         providing examples of reclaimed water use that may
  899         create an impact offset; revising the required
  900         provisions of the water resource implementation rule;
  901         amending s. 403.064, F.S.; encouraging the use of
  902         aquifer recharge; requiring the Department of
  903         Environmental Protection and the water management
  904         districts to develop and enter into a memorandum of
  905         agreement providing for a coordinated review of any
  906         reclaimed water project requiring a reclaimed water
  907         facility permit, an underground injection control
  908         permit, and a consumptive use permit; specifying
  909         required provisions for such memorandum; specifying
  910         the date by which the memorandum must be developed and
  911         executed; amending s. 403.706, F.S.; requiring
  912         counties and municipalities to address contamination
  913         of recyclable material in specified contracts;
  914         prohibiting counties and municipalities from requiring
  915         the collection or transport of contaminated recyclable
  916         material by residential recycling collectors except
  917         under certain conditions; defining the term
  918         “residential recycling collector”; prohibiting
  919         counties and municipalities from requiring the
  920         processing of contaminated recyclable material by
  921         recovered materials processing facilities except under
  922         certain conditions; specifying required contract
  923         provisions in residential recycling collector and
  924         recovered materials processing facility contracts with
  925         counties and municipalities; providing applicability;
  926         amending s. 403.813, F.S.; prohibiting a local
  927         government from requiring an individual to provide
  928         further department verification for certain projects;
  929         revising the types of dock and pier replacements and
  930         repairs that are exempt from such verification and
  931         certain permitting requirements; creating s. 403.1839,
  932         F.S.; defining terms; providing legislative findings;
  933         establishing the blue star collection system
  934         assessment and maintenance program; specifying the
  935         purpose of the program; requiring the department to
  936         adopt rules and review and, if appropriate, approve
  937         applications for certification under the program;
  938         requiring a utility applying for certification to
  939         provide reasonable documentation demonstrating that it
  940         meets specified certification standards; providing
  941         that certifications expire after a specified period of
  942         time; specifying requirements to maintain program
  943         certification; requiring the department to annually
  944         publish a list of certified blue star utilities,
  945         beginning on a specified date; requiring the
  946         department to allow public and private, nonprofit
  947         utilities to participate in the Clean Water State
  948         Revolving Fund Program for certain purposes;
  949         authorizing the department to reduce certain penalties
  950         for a certified utility under specified conditions;
  951         amending s. 403.067, F.S.; creating a presumption of
  952         compliance with certain total maximum daily load
  953         requirements for certified blue star utilities;
  954         amending s. 403.087, F.S.; requiring the department to
  955         provide extended operating permits when a certified
  956         blue star utility applies for permit renewal under
  957         certain conditions; amending s. 403.161, F.S.;
  958         authorizing the department to reduce a penalty based
  959         on certain system investments for permitted
  960         facilities; amending s. 403.1838, F.S.; allowing for
  961         additional recipients and uses of Small Community
  962         Sewer Construction grants; providing effective dates.