Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. CS for CS for SB 1308 Ì778974aÎ778974 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/22/2018 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Brandes) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 646 - 650 4 and insert: 5 Section 1. Effective January 1, 2019, section 403.1839, 6 Florida Statutes, is created to read: 7 403.1839 Blue star collection system assessment and 8 maintenance program.— 9 (1) DEFINITIONS.—As used in this section, the term: 10 (a) “Domestic wastewater” has the same meaning as in s. 11 367.021. 12 (b) “Domestic wastewater collection system” has the same 13 meaning as in s. 403.866. 14 (c) “Program” means the blue star collection system 15 assessment and maintenance program created pursuant to this 16 section. 17 (d) “Sanitary sewer overflow” means the unauthorized 18 overflow, spill, release, discharge, or diversion of untreated 19 or partially treated domestic wastewater. 20 (2) LEGISLATIVE FINDINGS.—The Legislature finds that: 21 (a) The implementation of domestic wastewater collection 22 system assessment and maintenance practices has been shown to 23 effectively limit sanitary sewer overflows and the unauthorized 24 discharge of pathogens. 25 (b) The voluntary implementation of domestic wastewater 26 collection system assessment and maintenance practices beyond 27 those required by law has the potential to further limit 28 sanitary sewer overflows. 29 (c) The unique geography, community, growth, size, and age 30 of domestic wastewater collection systems across the state 31 require diverse responses, using the best professional judgment 32 of local utility operators, to ensure that programs designed to 33 limit sanitary sewer overflows are effective. 34 (3) ESTABLISHMENT AND PURPOSE.—There is established in the 35 department a blue star collection system assessment and 36 maintenance program. The purpose of this voluntary incentive 37 program is to assist public and private utilities in limiting 38 sanitary sewer overflows and the unauthorized discharge of 39 pathogens. 40 (4) APPROVAL AND STANDARDS.— 41 (a) The department shall adopt rules to administer the 42 program, including program certification standards, and shall 43 review and, if appropriate, approve public and private domestic 44 wastewater utilities that apply for certification under the 45 program or that demonstrate continued compliance with program 46 certification requirements pursuant to paragraph (c). 47 (b) In order to be certified under the program, a utility 48 must provide reasonable documentation that demonstrates that it 49 meets the following certification standards: 50 1. Implementation of periodic collection system and pump 51 station structural condition assessments and the performance of 52 as-needed maintenance and replacement. 53 2. Adequate reinvestment by the utility in its collection 54 system and pump station structural condition assessment and 55 maintenance and replacement program to reasonably maintain the 56 working integrity of the system and station. 57 3. Implementation of a program designed to limit the 58 presence of fats, roots, oils, and grease in the collection 59 system. 60 4. If the applicant is a public utility, the existence of a 61 local law or building code requiring the private pump stations 62 and lateral lines connecting to the public system to be free of: 63 a. Cracks, holes, missing parts, or similar defects; and 64 b. Direct stormwater connections that allow the direct 65 inflow of stormwater into the private system and the public 66 domestic wastewater collection system. 67 5. Adoption of a power outage contingency plan that 68 addresses mitigation of the impacts of power outages on the 69 utility’s collection system and pump stations. 70 (c) Program certifications expire after 5 years. During the 71 5-year certification period, a utility must annually provide 72 documentation to the department on the status of its 73 implementation of the program and must demonstrate that it meets 74 all program criteria in order to maintain its program 75 certification. 76 (5) PUBLICATION.—Beginning on January 1, 2020, the 77 department shall annually publish on its website a list of 78 certified blue star utilities. 79 (6) FEDERAL PROGRAM PARTICIPATION.—The department shall 80 allow public and private, nonprofit utilities to participate in 81 the Clean Water State Revolving Fund Program for any purpose of 82 the program which is consistent with federal requirements for 83 participating in the Clean Water State Revolving Fund Program. 84 (7) REDUCED PENALTIES.—In the calculation of penalties for 85 a sanitary sewer overflow pursuant to s. 403.161, the department 86 may reduce the penalty based on a utility’s status as a 87 certified blue star utility in accordance with this section. The 88 department may also reduce a penalty based on a certified blue 89 star utility’s investment in assessment and maintenance 90 activities to identify and address conditions that may cause 91 sanitary sewer overflows or interruption of service to customers 92 due to a physical condition or defect in the system. 93 Section 2. Effective January 1, 2019, paragraph (c) of 94 subsection (7) of section 403.067, Florida Statutes, is amended 95 to read: 96 403.067 Establishment and implementation of total maximum 97 daily loads.— 98 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 99 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.— 100 (c) Best management practices.— 101 1. The department, in cooperation with the water management 102 districts and other interested parties, as appropriate, may 103 develop suitable interim measures, best management practices, or 104 other measures necessary to achieve the level of pollution 105 reduction established by the department for nonagricultural 106 nonpoint pollutant sources in allocations developed pursuant to 107 subsection (6) and this subsection. These practices and measures 108 may be adopted by rule by the department and the water 109 management districts and, where adopted by rule, must
shallbe 110 implemented by those parties responsible for nonagricultural 111 nonpoint source pollution. 112 2. The Department of Agriculture and Consumer Services may 113 develop and adopt by rule pursuant to ss. 120.536(1) and 120.54 114 suitable interim measures, best management practices, or other 115 measures necessary to achieve the level of pollution reduction 116 established by the department for agricultural pollutant sources 117 in allocations developed pursuant to subsection (6) and this 118 subsection or for programs implemented pursuant to paragraph 119 (12)(b). These practices and measures may be implemented by 120 those parties responsible for agricultural pollutant sources and 121 the department, the water management districts, and the 122 Department of Agriculture and Consumer Services shall assist 123 with implementation. In the process of developing and adopting 124 rules for interim measures, best management practices, or other 125 measures, the Department of Agriculture and Consumer Services 126 must shallconsult with the department, the Department of 127 Health, the water management districts, representatives from 128 affected farming groups, and environmental group 129 representatives. Such rules must also incorporate provisions for 130 a notice of intent to implement the practices and a system to 131 assure the implementation of the practices, including site 132 inspection and recordkeeping requirements. 133 3. Where interim measures, best management practices, or 134 other measures are adopted by rule, the effectiveness of such 135 practices in achieving the levels of pollution reduction 136 established in allocations developed by the department pursuant 137 to subsection (6) and this subsection or in programs implemented 138 pursuant to paragraph (12)(b) must be verified at representative 139 sites by the department. The department shall use best 140 professional judgment in making the initial verification that 141 the best management practices are reasonably expected to be 142 effective and, where applicable, must notify the appropriate 143 water management district or the Department of Agriculture and 144 Consumer Services of its initial verification before the 145 adoption of a rule proposed pursuant to this paragraph. 146 Implementation, in accordance with rules adopted under this 147 paragraph, of practices that have been initially verified to be 148 effective, or verified to be effective by monitoring at 149 representative sites, by the department, shall provide a 150 presumption of compliance with state water quality standards and 151 release from the provisions of s. 376.307(5) for those 152 pollutants addressed by the practices, and the department is not 153 authorized to institute proceedings against the owner of the 154 source of pollution to recover costs or damages associated with 155 the contamination of surface water or groundwater caused by 156 those pollutants. Research projects funded by the department, a 157 water management district, or the Department of Agriculture and 158 Consumer Services to develop or demonstrate interim measures or 159 best management practices shall be granted a presumption of 160 compliance with state water quality standards and a release from 161 the provisions of s. 376.307(5). The presumption of compliance 162 and release is limited to the research site and only for those 163 pollutants addressed by the interim measures or best management 164 practices. Eligibility for the presumption of compliance and 165 release is limited to research projects on sites where the owner 166 or operator of the research site and the department, a water 167 management district, or the Department of Agriculture and 168 Consumer Services have entered into a contract or other 169 agreement that, at a minimum, specifies the research objectives, 170 the cost-share responsibilities of the parties, and a schedule 171 that details the beginning and ending dates of the project. 172 4. Where water quality problems are demonstrated, despite 173 the appropriate implementation, operation, and maintenance of 174 best management practices and other measures required by rules 175 adopted under this paragraph, the department, a water management 176 district, or the Department of Agriculture and Consumer 177 Services, in consultation with the department, shall institute a 178 reevaluation of the best management practice or other measure. 179 Should the reevaluation determine that the best management 180 practice or other measure requires modification, the department, 181 a water management district, or the Department of Agriculture 182 and Consumer Services, as appropriate, must shallrevise the 183 rule to require implementation of the modified practice within a 184 reasonable time period as specified in the rule. 185 5. Agricultural records relating to processes or methods of 186 production, costs of production, profits, or other financial 187 information held by the Department of Agriculture and Consumer 188 Services pursuant to subparagraphs 3. and 4. or pursuant to any 189 rule adopted pursuant to subparagraph 2. are confidential and 190 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 191 Constitution. Upon request, records made confidential and exempt 192 pursuant to this subparagraph shall be released to the 193 department or any water management district provided that the 194 confidentiality specified by this subparagraph for such records 195 is maintained. 196 6. The provisions of subparagraphs 1. and 2. do not 197 preclude the department or water management district from 198 requiring compliance with water quality standards or with 199 current best management practice requirements set forth in any 200 applicable regulatory program authorized by law for the purpose 201 of protecting water quality. Additionally, subparagraphs 1. and 202 2. are applicable only to the extent that they do not conflict 203 with any rules adopted by the department that are necessary to 204 maintain a federally delegated or approved program. 205 7. The department must provide a domestic wastewater 206 utility that implements and maintains a program as a certified 207 blue star utility in accordance with s. 403.1839 with a 208 presumption of compliance with state water quality standards for 209 pathogens when the utility demonstrates a history of compliance 210 with wastewater disinfection requirements incorporated in the 211 utility’s operating permit for any discharge into the impaired 212 surface water. 213 Section 3. Effective January 1, 2019, subsection (11) is 214 added to section 403.087, Florida Statutes, to read: 215 403.087 Permits; general issuance; denial; revocation; 216 prohibition; penalty.— 217 (11) Subject to the permit duration limits for a utility 218 permitted pursuant to s. 403.0885, the department must issue a 219 blue star utility certified pursuant to s. 403.1839 a 10-year 220 permit, for the same fee and under the same conditions that 221 apply to a 5-year permit, upon approval of its application for 222 permit renewal, if the certified blue star utility demonstrates 223 that it: 224 (a) Is in compliance with any consent order or an 225 accompanying administrative order related to its permit; 226 (b) Does not have any pending enforcement action against it 227 by the Environmental Protection Agency, the department, or a 228 local program; and 229 (c) If applicable, has submitted annual program 230 implementation reports demonstrating progress in the 231 implementation of the program. 232 Section 4. Effective January 1, 2019, present subsection 233 (6) of section 403.161, Florida Statutes, is redesignated as 234 subsection (7), and a new subsection (6) is added to that 235 section, to read: 236 403.161 Prohibitions, violation, penalty, intent.— 237 (6) Notwithstanding any other law, the department may 238 reduce a penalty based on the person’s investment in the 239 assessment, maintenance, rehabilitation, or expansion of the 240 permitted facility. 241 Section 5. Effective January 1, 2019, paragraphs (a) and 242 (b) of subsection (3) of section 403.1838, Florida Statutes, are 243 amended to read: 244 403.1838 Small Community Sewer Construction Assistance 245 Act.— 246 (3)(a) In accordance with rules adopted by the 247 Environmental Regulation Commission under this section, the 248 department may provide grants, from funds specifically 249 appropriated for this purpose, to financially disadvantaged 250 small communities and to private, nonprofit utilities serving 251 financially disadvantaged small communities for up to 100 252 percent of the costs of planning, assessing, designing, 253 constructing, upgrading, or replacing wastewater collection, 254 transmission, treatment, disposal, and reuse facilities, 255 including necessary legal and administrative expenses. Grants 256 issued pursuant to this section may also be used for planning 257 and implementing domestic wastewater collection system 258 assessment programs to identify conditions that may cause 259 sanitary sewer overflows or interruption of service to customers 260 due to a physical condition or defect in the system. 261 (b) The rules of the Environmental Regulation Commission 262 must: 263 1. Require that projects to plan, assess, design, 264 construct, upgrade, or replace wastewater collection, 265 transmission, treatment, disposal, and reuse facilities be cost 266 effective, environmentally sound, permittable, and 267 implementable. 268 2. Require appropriate user charges, connection fees, and 269 other charges sufficient to ensure the long-term operation, 270 maintenance, and replacement of the facilities constructed under 271 each grant. 272 3. Require grant applications to be submitted on 273 appropriate forms with appropriate supporting documentation, and 274 require records to be maintained. 275 4. Establish a system to determine eligibility of grant 276 applications. 277 5. Establish a system to determine the relative priority of 278 grant applications. The system must consider public health 279 protection and water pollution abatement. 280 6. Establish requirements for competitive procurement of 281 engineering and construction services, materials, and equipment. 282 7. Provide for termination of grants when program 283 requirements are not met. 284 Section 6. The Division of Law Revision and Information is 285 directed to replace the phrase “the effective date of this act” 286 wherever it occurs in this act with the date the act becomes a 287 law. 288 Section 7. Except as otherwise expressly provided in this 289 act, this act shall take effect upon becoming a law. 290 291 ================= T I T L E A M E N D M E N T ================ 292 And the title is amended as follows: 293 Delete lines 37 - 38 294 and insert: 295 creating s. 403.1839, F.S.; defining terms; providing 296 legislative findings; establishing the blue star 297 collection system assessment and maintenance program; 298 specifying the purpose of the program; requiring the 299 department to adopt rules and review and, if 300 appropriate, approve applications for certification 301 under the program; requiring a utility applying for 302 certification to provide reasonable documentation 303 demonstrating that it meets specified certification 304 standards; providing that certifications expire after 305 a specified period of time; specifying requirements to 306 maintain program certification; requiring the 307 department to annually publish a list of certified 308 blue star utilities, beginning on a specified date; 309 requiring the department to allow public and private, 310 nonprofit utilities to participate in the Clean Water 311 State Revolving Fund Program for certain purposes; 312 authorizing the department to reduce certain penalties 313 for a certified utility under specified conditions; 314 amending s. 403.067, F.S.; creating a presumption of 315 compliance with certain total maximum daily load 316 requirements for certified blue star utilities; 317 amending s. 403.087, F.S.; requiring the department to 318 provide extended operating permits when a certified 319 blue star utility applies for permit renewal under 320 certain conditions; amending s. 403.161, F.S.; 321 authorizing the department to reduce a penalty based 322 on certain system investments for permitted 323 facilities; amending s. 403.1838, F.S.; allowing for 324 additional recipients and uses of Small Community 325 Sewer Construction grants; providing a directive to 326 the Division of Law Revision and Information; 327 providing effective dates.