Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1308
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/22/2018           .                                

       The Committee on Appropriations (Brandes) recommended the
    1         Senate Amendment (with title amendment)
    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         403.1839Blue 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.—
  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 shall be
  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 shall consult 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 shall revise 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.
  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.