Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1656
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Governmental Oversight and Accountability
       (Albritton) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 172 - 398
    4  and insert:
    5         (h)“Reclaimed water” has the same meaning as in s.
    6  373.019.
    7         (3)To comply with drinking water quality standards,
    8  reclaimed water is deemed a water source for public water supply
    9  systems.
   10         (4)Existing water quality protections that prohibit
   11  discharges from causing or contributing to violations of water
   12  quality standards in groundwater and surface water apply to
   13  potable reuse projects. In addition, when reclaimed water is
   14  released or discharged into groundwater or surface water for
   15  potable reuse purposes, there shall be a consideration of
   16  emerging constituents and impacts to other users of such
   17  groundwater or surface water.
   18         (5)Potable reuse is an alternative water supply as defined
   19  in s. 373.019, and potable reuse projects are eligible for
   20  alternative water supply funding. The use of potable reuse water
   21  may not be excluded from regional water supply planning under s.
   22  373.709.
   23         (6)The department shall:
   24         (a)Adopt rules that authorize potable reuse projects that
   25  are consistent with this section.
   26         (b)Review existing rules governing reclaimed water and
   27  potable reuse to identify obsolete and inconsistent requirements
   28  and adopt rules that revise existing potable reuse rules to
   29  eliminate such inconsistencies, while maintaining existing
   30  public health and environmental protections.
   31         (c)Review aquifer recharge rules and, if revisions are
   32  necessary to ensure continued compliance with existing public
   33  health and environmental protection rules when reclaimed water
   34  is used for aquifer recharge, adopt such rules.
   35         (d)Initiate rulemaking by December 31, 2020, and submit
   36  the adopted rules to the President of the Senate and the Speaker
   37  of the House of Representatives by December 12, 2021, for
   38  approval and incorporation into chapter 403 by the Legislature.
   39  Such rules may not be published as administrative rules by the
   40  department.
   41         (7)The department and the water management districts shall
   42  develop and execute a memorandum of agreement providing for the
   43  procedural requirements of a coordinated review of all permits
   44  associated with the construction and operation of an indirect
   45  potable reuse project. The memorandum of agreement must provide
   46  that the coordinated review will occur only if requested by a
   47  permittee. The purpose of the coordinated review is to share
   48  information, avoid the redundancy of information requested from
   49  the permittee, and ensure consistency in the permit for the
   50  protection of the public health and the environment. The
   51  department and the water management districts shall develop and
   52  execute the memorandum of agreement by December 31, 2022.
   53         (8)To encourage investment in the development of potable
   54  reuse projects by private entities, a potable reuse project
   55  developed as a qualifying project pursuant to s. 255.065 is:
   56         (a)Beginning January 1, 2025, eligible for expedited
   57  permitting under s. 403.973.
   58         (b)Granted an annual credit against the tax imposed by
   59  chapter 220 in an amount equal to 5 percent of the eligible
   60  capital costs generated by a qualifying project for a period not
   61  to exceed 20 years after the date that project operations begin.
   62  The tax credit applies only to the corporate income tax
   63  liability or the premium tax liability generated by or arising
   64  out of the qualifying project, and the sum of all tax credits
   65  provided pursuant to this section may not exceed 100 percent of
   66  the eligible capital costs as defined in s. 220.191(1)(c). Any
   67  credit granted pursuant to this paragraph may not be carried
   68  forward or backward.
   69         (c)Granted a 3-year extension of any deadlines imposed
   70  under s. 403.064(17).
   71         (d)Consistent with s. 373.707, eligible for priority
   72  funding in the same manner as other alternative water supply
   73  projects from the Drinking Water State Revolving Fund, under the
   74  Water Protection and Sustainability Program, and for water
   75  management district cooperative funding.
   76         (9)This section is not intended and may not be construed
   77  to supersede s. 373.250(3).
   78         Section 3. Section 403.892, Florida Statutes, is created to
   79  read:
   80         403.892 Incentives for the use of graywater technologies.—
   81         (1)As used in this section, the term:
   82         (a)“Developer” has the same meaning as in s. 380.031.
   83         (b)“Graywater” has the same meaning as in s.
   84  381.0065(2)(e).
   85         (2)To promote the beneficial reuse of water in this state,
   86  a county, municipality, or special district shall:
   87         (a)Authorize the use of residential graywater technologies
   88  in its jurisdiction which meet the applicable requirements of
   89  subsections (3) through (7), the Florida Building Code, and the
   90  Department of Health and which have received all applicable
   91  regulatory permits or authorizations; and
   92         (b)Provide incentives to developers to fully offset the
   93  capital costs of the technology, including the costs of
   94  installation if the developer submits a proof of purchase within
   95  6 months after incurring such costs, to fully realize the
   96  beneficial reuse of water contribution where the developer or
   97  homebuilder installs graywater technology and meets the
   98  requirements of subsections (3) through (7) in at least 25
   99  residential units of a proposed development. Incentives may
  100  include, but need not be limited to, density or intensity bonus
  101  incentives or more air-conditioned and living space.
  102         (3)The residential graywater technologies must be wholly
  103  located on an individual residential lot or structure and used
  104  solely to reuse graywater for use in toilets located within the
  105  residential lot or structure. The quality of the water
  106  discharged by the system for reuse must meet the NSF 350
  107  standard for toilet flushing.
  108         (4) The developer shall provide to the applicable
  109  governmental entity, as part of its application for development
  110  approval for the proposed residential properties, a
  111  manufacturer’s warranty or data providing reasonable assurance
  112  that the proposed residential graywater system will function as
  113  designed, including an estimate of anticipated potable water
  114  savings for each system. A submittal of the manufacturer’s
  115  warranty or data from a building code official or governmental
  116  entity that has monitored or measured the residential graywater
  117  system is acceptable as reasonable assurance.
  118         (5)The developer shall provide to the applicable
  119  governmental entity, as part of the developer’s application for
  120  development approval for the proposed residential units,
  121  documentation that the individual graywater system will be
  122  maintained for the life of the system in accordance with the
  123  manufacturer’s or installer’s recommendations.
  124         (6)The residential property owner, homeowners
  125  association, or manufacturer is responsible for the maintenance
  126  of the system.
  127         (7) The developer shall provide an operation and
  128  maintenance manual for the system to the initial residential
  129  property owner. The manual must provide a method of contacting
  130  the installer or manufacturer and must include directions to the
  131  owner or occupant that the manual must remain with the residence
  132  throughout the life cycle of the system.
  133         (8) The installation of residential graywater systems in a
  134  county or municipality in accordance with this section shall
  135  qualify as a water conservation measure in a public water
  136  utility’s water conservation plan pursuant to s. 373.227. The
  137  efficiency of the conservation measure must be commensurate with
  138  the amount of potable water savings estimated for each system
  139  provided by the developer pursuant to subsection (4).
  140         Section 4. (1)In implementing s. 403.8531, Florida
  141  Statutes, as created by this act, the Department of
  142  Environmental Protection, in coordination with one or more
  143  technical working groups pursuant to subsection (2), shall adopt
  144  rules for the implementation of potable reuse projects. The
  145  department shall:
  146         (a)Revise the appropriate chapters in the Florida
  147  Administrative Code, including chapter 62-610, Florida
  148  Administrative Code, to ensure that all rules implementing
  149  potable reuse are in the Florida Administrative Code division 62
  150  governing drinking water regulation.
  151         (b)Revise existing drinking water rules to include
  152  reclaimed water as a source water for the public water supply
  153  and require such treatment of the water as is necessary to meet
  154  existing drinking water rules, including rules for pathogens.
  155  The potable reuse rules must include the implementation of a log
  156  reduction credit system using advanced treatment technology to
  157  meet pathogen treatment requirements, and must require a public
  158  water supplier to provide an approach to meet the pathogen
  159  treatment requirements in an engineering report as part of its
  160  public water supply permit application for authorization of
  161  potable reuse. To ensure protection of the public health, as
  162  part of the public water supply permit application to authorize
  163  potable reuse, a public water supplier shall provide a
  164  department-specified level of treatment or propose an approach
  165  to achieving the log reduction targets based on source water
  166  characterization that is sufficient for a pathogen risk of
  167  infection which meets the national drinking water criteria of
  168  less than 1 x 10-4 annually.
  169         (c)Prescribe the means for using appropriate treatment
  170  technology to address emerging constituents in potable reuse
  171  projects. The advanced treatment technology must be technically
  172  and economically feasible and must provide for flexibility in
  173  the specific treatment processes employed to recognize different
  174  project scenarios, emerging constituent concentrations, desired
  175  finished water quality, and the treatment capability of the
  176  facility. The advanced treatment technology may also be used for
  177  pathogen removal or reduction.
  178         1.The rules must require appropriate monitoring to
  179  evaluate the performance of the advanced treatment technology,
  180  including the monitoring of surrogate parameters and controls,
  181  which monitoring must occur either before or after the advanced
  182  treatment technology process, or both, as appropriate.
  183         2.For direct potable reuse projects, the rules must
  184  require reclaimed water to be included in the source water
  185  characterization for a drinking water treatment facility and, if
  186  that source water characterization indicates the presence of
  187  emerging constituents at levels of public health interest, must
  188  specify how appropriate treatment technology will be used to
  189  address those emerging constituents.
  190         3.For indirect potable reuse projects, the department
  191  shall amend the existing monitoring requirements contained
  192  within part V of chapter 62-610, Florida Administrative Code, to
  193  require monitoring for one or more representative emerging
  194  constituents. The utility responsible for the indirect potable
  195  reuse project shall develop an emerging constituent monitoring
  196  protocol consisting of the selection of one or more
  197  representative emerging constituents for monitoring and the
  198  identification of action levels associated with such emerging
  199  constituents. The monitoring protocol must provide that, if
  200  elevated levels of the representative emerging constituent are
  201  detected, the utility must report the elevated detection to the
  202  department and investigate the source and cause of such elevated
  203  emerging constituent. The utility shall submit the monitoring
  204  protocol to the department for review and approval and shall
  205  implement the monitoring protocol as approved by the department.
  206  If the monitoring protocol detects an elevated emerging
  207  constituent, and if the utility’s investigation indicates that
  208  the use of the reclaimed water is the cause of such elevated
  209  emerging constituent, the utility must develop a plan to address
  210  or remedy that cause. The utility’s monitoring results,
  211  investigation of any detected elevated emerging constituent
  212  levels, determination of cause, and any plan developed to
  213  address or remedy the cause must be submitted to the department
  214  for review and approval.
  215         (d)Specify industrial pretreatment requirements for
  216  potable reuse projects. These industrial pretreatment
  217  requirements must match the industrial pretreatment requirements
  218  contained in chapter 62-625, Florida Administrative Code, as of
  219  the effective date of this act. If necessary, the department
  220  also must require the utility operating a potable reuse project
  221  to implement a source control program, and the utility shall
  222  identify the sources that need to be addressed.
  223         (e)Provide off-spec reclaimed water requirements for
  224  potable reuse projects which include the immediate disposal,
  225  temporary storage, alternative nonpotable reuse, or retreatment
  226  or disposal of off-spec reclaimed water based on operating
  227  protocols established by the public water supplier and approved
  228  by the department.
  229         (f)Revise existing rules to specify the point of
  230  compliance with drinking water standards for potable reuse
  231  projects as the point where the finished water is finally
  232  discharged from the drinking water treatment facility to the
  233  water distribution system.
  234         (g)Ensure that, as rules for potable reuse projects are
  235  implemented, chapter 62-610.850, Florida Administrative Code, is
  236  applicable.
  237         (h)Revise the definition of the term “indirect potable
  238  reuse” provided in chapter 62-610, Florida Administrative Code,
  239  to match the definition provided in s. 403.8531, Florida
  240  Statutes.
  241         (2)The department shall convene and lead one or more
  242  technical advisory groups to coordinate the rulemaking and
  243  review of rules required by s. 403.8531, Florida Statutes. The
  244  technical advisory committees, which shall assist in the
  245  development of such rules, must be composed of knowledgeable
  246  representatives of a broad group of interested stakeholders,
  247  including, but not limited to, representatives from the water
  248  management districts, the wastewater utility industry, the water
  249  utility industry, the environmental community, the business
  250  community, the public health community, and the agricultural
  251  community, and consumers.
  252         Section 5. To further promote the reuse of reclaimed water
  253  for irrigation purposes, the rules that apply when reclaimed
  254  water is injected into a receiving groundwater that has 1,000 to
  255  3,000 mg/L total dissolved solids are applicable to reclaimed
  256  water aquifer storage and recovery wells injecting into a
  257  receiving groundwater of less than 1,000 mg/L total dissolved
  258  solids if the applicant demonstrates that it is injecting into a
  259  confined aquifer, that there are no public supply wells within
  260  3,500 feet of the aquifer storage and recovery wells, and that
  261  it has implemented institutional controls to prevent the future
  262  construction of public supply wells within 3,500 feet of the
  263  aquifer storage and recovery wells. This section may not be
  264  construed to exempt the reclaimed water aquifer storage and
  265  recovery wells from requirements that prohibit the causing or
  266  contribution to violations of water quality standards in surface
  267  water, including groundwater discharges that flow by interflow
  268  and affect water quality in surface water.
  270  ================= T I T L E  A M E N D M E N T ================
  271  And the title is amended as follows:
  272         Delete lines 22 - 35
  273  and insert:
  274         Legislature for approval by specified dates; providing
  275         that such rules are only effective upon approval and
  276         incorporation into the Florida Statutes by the
  277         Legislature; requiring the department and the water
  278         management districts to develop and execute, by a
  279         specified date, a memorandum of agreement for the
  280         coordinated review of specified permits; providing
  281         that potable reuse projects are eligible for certain
  282         expedited permitting and tax credits; providing
  283         construction; creating s. 403.892, F.S.; defining
  284         terms; requiring counties, municipalities, and special
  285         districts to authorize graywater technologies under
  286         certain circumstances and to provide incentives for
  287         the implementation of such technologies; providing
  288         requirements for the use of graywater technologies;
  289         requiring the department to