Florida Senate - 2020                                    SB 1656
       By Senator Albritton
       26-01333B-20                                          20201656__
    1                        A bill to be entitled                      
    2         An act relating to reclaimed water; creating s.
    3         403.8531, F.S.; providing legislative intent; defining
    4         terms; providing that reclaimed water is a water
    5         source for public water supply systems; providing
    6         specified groundwater and surface water quality
    7         protections for potable reuse projects; providing that
    8         potable reuse is an alternative water supply and that
    9         projects relating to such reuse are eligible for
   10         alternative water supply funding; requiring the
   11         Department of Environmental Protection to adopt
   12         specified rules; requiring the department to review
   13         reclaimed water and potable reuse rules and revise
   14         them as necessary; requiring the department to review
   15         aquifer recharge rules and revise them as necessary;
   16         requiring the department to initiate rulemaking and to
   17         submit such rules to the Legislature for ratification
   18         by specified dates; requiring legislative ratification
   19         of the rules; requiring the department and the water
   20         management districts to develop and execute, by a
   21         specified date, a memorandum of agreement for the
   22         coordinated review of specified permits; providing
   23         that potable reuse projects by private entities are
   24         eligible for certain expedited permitting and tax
   25         credits; providing construction; amending s. 403.064,
   26         F.S.; prohibiting domestic wastewater treatment
   27         facilities from disposing of effluent, reclaimed
   28         water, or reuse water by surface water discharge;
   29         providing exceptions; requiring the department to
   30         adopt rules for the implementation of potable reuse
   31         projects which meet certain requirements; requiring
   32         the department to convene at least one technical
   33         advisory committee for specified purposes; providing
   34         for the composition of the advisory committee;
   35         providing a directive to the Division of Law Revision;
   36         providing an effective date.
   38         WHEREAS, sustainable water supplies are important to this
   39  state’s economy, environment, and quality of life, and
   40         WHEREAS, in 2019, Floridians used nearly 6.5 billion
   41  gallons of water per day and are projected to need an additional
   42  1.1 billion gallons of water per day by 2035, and
   43         WHEREAS, more than 75 percent of this state’s water supply
   44  comes from groundwater, and the availability of additional fresh
   45  groundwater has become limited in many areas of this state, and
   46         WHEREAS, this state’s continued growth and economic success
   47  depend on the implementation of safe and sustainable alternative
   48  water supplies, and
   49         WHEREAS, the use of reclaimed water is an important
   50  component of both wastewater management and water resource
   51  management in this state, and
   52         WHEREAS, in 2018, approximately 48 percent of the total
   53  domestic wastewater flow in this state, 797 million gallons per
   54  day, was reused for beneficial purposes, and
   55         WHEREAS, the reuse of water is a critical component of
   56  meeting this state’s existing and future water supply needs, and
   57         WHEREAS, potable reuse is the augmentation of a drinking
   58  water supply with reclaimed water from a municipal wastewater
   59  source and is an alternative water supply source that can be
   60  harnessed to help meet the additional water needs of this state
   61  while protecting both the public health and the environment, and
   62         WHEREAS, the Legislature finds that through the use of
   63  advanced treatment technology, potable reuse is a safe and
   64  sustainable alternative water supply source that can be used to
   65  support a diverse, resilient, and sustainable water supply
   66  portfolio, and is considered to be in the public interest, and
   67         WHEREAS, potable reuse projects, when implemented in a
   68  properly planned way using current environmental and engineered
   69  treatment processes, have reduced, and will continue to reduce,
   70  this state’s dependence on increased withdrawals from
   71  groundwater and surface water sources, pollutant loadings to
   72  waters of the state, and the nonbeneficial use of reclaimed
   73  water, thus improving water quality and benefitting the
   74  environment and local economies that depend on this state’s
   75  natural resources, NOW, THEREFORE,
   77  Be It Enacted by the Legislature of the State of Florida:
   79         Section 1. Section 403.8531, Florida Statutes, is created
   80  to read:
   81         403.8531Potable reuse.—
   82         (1)Recognizing that sufficient water supply is imperative
   83  to the future of this state and that potable reuse is one source
   84  of water that may assist in meeting future demands, the
   85  Legislature intends for the department to adopt rules for
   86  potable reuse which:
   87         (a)Protect the public health and environment by ensuring
   88  that the potable reuse rules meet federal and state drinking
   89  water and water quality standards, including, but not limited
   90  to, the Clean Water Act, the Safe Drinking Water Act, and water
   91  quality standards pursuant to chapter 403, and, when possible,
   92  implement such rules through existing regulatory programs.
   93         (b)Support reclaimed water being used for potable reuse
   94  purposes.
   95         (c)Implement the recommendations set forth in the Potable
   96  Reuse Commission’s 2020 report “Advancing Potable Reuse in
   97  Florida: Framework for the Implementation of Potable Reuse in
   98  Florida.”
   99         (d)Require that the point of compliance with drinking
  100  water standards for potable reuse projects is the final
  101  discharge point for finished water from the water treatment
  102  facility.
  103         (e)Protect the aquifer and Florida’s springs and surface
  104  waters by ensuring that potable reuse projects do not cause or
  105  contribute to violations of water quality standards in surface
  106  waters, including groundwater discharges that flow by interflow
  107  and affect water quality in surface waters, and that potable
  108  reuse projects shall be designed and operated to ensure
  109  compliance with groundwater quality standards.
  110         (2)As used in this section, the term:
  111         (a)“Advanced treated reclaimed water” means the water
  112  produced from an advanced water treatment process for potable
  113  reuse applications.
  114         (b)“Advanced treatment technology” means the treatment
  115  technology selected by a utility to address emerging
  116  constituents and pathogens in reclaimed water as part of a
  117  potable reuse project.
  118         (c)“Direct potable reuse” means the introduction of
  119  advanced treated reclaimed water into a raw water supply
  120  immediately upstream from a drinking water treatment facility or
  121  directly into a potable water supply distribution system.
  122         (d)“Emerging constituents” means pharmaceuticals, personal
  123  care products, and other chemicals not regulated as part of
  124  drinking water quality standards.
  125         (e)“Indirect potable reuse” means the planned delivery or
  126  discharge of reclaimed water to groundwater or surface waters
  127  for the development of, or to supplement, the potable water
  128  supply.
  129         (f)“Off-spec reclaimed water” means reclaimed water that
  130  does not meet the standards for potable reuse.
  131         (g)“Potable reuse” means the augmentation of a drinking
  132  water supply with advanced treated reclaimed water from a
  133  domestic wastewater treatment facility, and consists of direct
  134  potable reuse and indirect potable reuse.
  135         (h)“Reclaimed water” means water that has received at
  136  least secondary treatment and basic disinfection and is reused
  137  after flowing out of a domestic wastewater treatment facility.
  138         (3)Reclaimed water is deemed a water source for public
  139  water supply systems.
  140         (4)Existing water quality protections that prohibit
  141  discharges from causing or contributing to violations of water
  142  quality standards in groundwater and surface waters apply to
  143  potable reuse projects. In addition, when reclaimed water is
  144  released or discharged into groundwater or surface waters for
  145  potable reuse purposes, consideration of emerging constituents
  146  may be required due to existing regulatory requirements, such as
  147  antidegradation and discharge standards, as well as impacts to
  148  other users of such groundwater or surface water.
  149         (5)Potable reuse is an alternative water supply as defined
  150  in s. 373.019, and potable reuse projects are eligible for
  151  alternative water supply funding. The use of potable reuse water
  152  may not be excluded from regional water supply planning under s.
  153  373.709.
  154         (6)The department shall:
  155         (a)Adopt rules that authorize potable reuse projects that
  156  are consistent with this section.
  157         (b)Review existing rules governing reclaimed water and
  158  potable reuse to identify obsolete and inconsistent requirements
  159  and adopt rules that revise existing potable reuse rules to
  160  eliminate such inconsistencies, while maintaining existing
  161  public health and environmental protections.
  162         (c)Review aquifer recharge rules, and, if revisions are
  163  necessary to ensure continued compliance with existing public
  164  health and environmental protection rules when reclaimed water
  165  is used for aquifer recharge, adopt such rules.
  166         (d)Initiate rulemaking by December 31, 2020, and submit
  167  the adopted rules to the President of the Senate and the Speaker
  168  of the House of Representatives by December 12, 2022, for
  169  ratification. Such rules are effective only upon ratification by
  170  the Legislature.
  171         (7)The department and the water management districts shall
  172  develop and execute a memorandum of agreement providing for the
  173  procedural requirements of a coordinated review of all permits
  174  associated with the construction and operation of an indirect
  175  potable reuse project. The memorandum of agreement must provide
  176  that the coordinated review will occur only if requested by a
  177  permittee. The purpose of the coordinated review is to share
  178  information, to avoid the redundancy of information requested
  179  from the permittee, and to ensure consistency in the permit for
  180  the protection of the public health and the environment. The
  181  department and the water management districts shall develop and
  182  execute the memorandum of agreement by December 31, 2022.
  183         (8)To encourage investment in the development of potable
  184  reuse projects by private entities, a potable reuse project
  185  developed as a qualifying project pursuant to s. 255.065 is:
  186         (a)Beginning January 1, 2025, eligible for expedited
  187  permitting under s. 403.973.
  188         (b)Granted an annual credit against the tax imposed by
  189  chapter 220 in an amount equal to 5 percent of the eligible
  190  capital costs generated by a qualifying project for a period not
  191  to exceed 20 years after the date that project operations begin.
  192  The tax credit applies only to the corporate income tax
  193  liability or the premium tax liability generated by or arising
  194  out of the qualifying project, and the sum of all tax credits
  195  provided pursuant to this section may not exceed 100 percent of
  196  the eligible capital costs as defined in s. 220.191(1)(c). Any
  197  credit granted pursuant to this paragraph may not be carried
  198  forward or backward.
  199         (c)Granted a 3-year extension of any deadlines imposed
  200  under s. 403.064(17).
  201         (d)Consistent with s. 373.707, eligible for priority
  202  funding in the same manner as other alternative water supply
  203  projects from the Drinking Water State Revolving Fund, under the
  204  Water Protection and Sustainability Program, and for water
  205  management district cooperative funding.
  206         (9)This section is not intended and may not be construed
  207  to supersede s. 373.250(3).
  208         Section 2. Subsection (17) is added to section 403.064,
  209  Florida Statutes, to read:
  210         403.064 Reuse of reclaimed water.—
  211         (17)Notwithstanding any other provisions in this section
  212  to the contrary, beginning January 1, 2026, domestic wastewater
  213  treatment facilities may not dispose of effluent, reclaimed
  214  water, or reuse water by surface water discharge, except that
  215  this prohibition does not apply to indirect potable reuse
  216  projects; domestic wastewater treatment facility discharges
  217  during wet weather which occur in accordance with the applicable
  218  department permit; discharges into a stormwater management
  219  system which are subsequently withdrawn by a user for irrigation
  220  purposes; domestic wastewater treatment facilities located in
  221  fiscally constrained counties as defined in s. 218.67(1);
  222  projects where reclaimed water is recovered from an aquifer
  223  recharge system and subsequently discharged into a surface water
  224  for potable reuse; wetlands creation, restoration, and
  225  enhancement projects; surface water minimum flows and levels
  226  recovery or prevention strategy plan projects; or domestic
  227  wastewater treatment facilities located in municipalities that
  228  are entirely within a rural area of opportunity designated under
  229  s. 288.0656.
  230         Section 3. (1)In implementing s. 403.8531, Florida
  231  Statutes, as created by this act, the Department of
  232  Environmental Protection, in coordination with one or more
  233  technical working groups pursuant to subsection (2), shall adopt
  234  rules for the implementation of potable reuse projects. The
  235  department shall:
  236         (a)Revise the appropriate chapters in the Florida
  237  Administrative Code, including chapter 62-610, Florida
  238  Administrative Code, to ensure that all rules implementing
  239  potable reuse are in the Florida Administrative Code division 62
  240  governing drinking water regulation.
  241         (b)Revise existing drinking water rules to include
  242  reclaimed water as a source water for the public water supply
  243  and require such treatment of the water as is necessary to meet
  244  existing drinking water rules, including rules for pathogens.
  245  The potable reuse rules must include the implementation of a log
  246  reduction credit system using advanced treatment technology to
  247  meet pathogen treatment requirements, and must require a public
  248  water supplier to provide an approach to meet the required
  249  pathogen treatment requirements in an engineering report as part
  250  of its public water supply permit application for authorization
  251  of potable reuse. To ensure protection of the public health, as
  252  part of the public water supply permit application to authorize
  253  potable reuse, a public water supplier shall provide a
  254  department-specified level of treatment or propose an approach
  255  to achieving the log reduction targets based on source water
  256  characterization that is sufficient for a pathogen risk of
  257  infection which meets the national drinking water criteria of
  258  less than 1 x 10-4 annually.
  259         (c)Prescribe the means for using appropriate treatment
  260  technology to address emerging constituents in potable reuse
  261  projects. The advanced treatment technology must be technically
  262  and economically feasible and must provide for flexibility in
  263  the specific treatment processes employed to recognize different
  264  project scenarios, emerging constituent concentrations, desired
  265  finished water quality, and the treatment capability of the
  266  facility. The advanced treatment technology may also be used for
  267  pathogen removal or reduction.
  268         1.The rules must require appropriate monitoring to
  269  evaluate advanced treatment technology treatment performance,
  270  including the monitoring of surrogate parameters and controls,
  271  which monitoring must occur either before or after the advanced
  272  treatment technologies treatment process, or both, as
  273  appropriate.
  274         2.For direct potable reuse projects, the rules must
  275  require reclaimed water to be included in the source water
  276  characterization for a drinking water treatment facility and, if
  277  that source water characterization indicates the presence of
  278  emerging constituents at levels of public health interest, must
  279  specify how appropriate treatment technology will be used to
  280  address those emerging constituents.
  281         3.For indirect potable reuse projects, the department
  282  shall amend the existing monitoring requirements contained
  283  within part V of chapter 62-610, Florida Administrative Code, to
  284  require monitoring for one or more representative emerging
  285  constituents. The utility responsible for the indirect potable
  286  reuse project shall develop an emerging constituent monitoring
  287  protocol consisting of the selection of one or more
  288  representative emerging constituents for monitoring and the
  289  identification of action levels associated with such emerging
  290  constituents. The monitoring protocol must provide that, if
  291  elevated levels of the representative emerging constituent are
  292  detected, the utility must report the elevated detection to the
  293  department and investigate the source and cause of such elevated
  294  emerging constituent. The utility shall submit the monitoring
  295  protocol to the department for review and approval and shall
  296  implement the monitoring protocol as approved by the department.
  297  If the monitoring protocol detects an elevated emerging
  298  constituent, and if the utility’s investigation indicates that
  299  the use of the reclaimed water is the cause of such elevated
  300  emerging constituent, the utility must develop a plan to address
  301  or remedy that cause. The utility’s monitoring results,
  302  investigation of any detected elevated emerging constituent
  303  levels, determination of cause, and any plan developed to
  304  address or remedy the cause must be submitted to the department
  305  for review and approval.
  306         (d)Specify industrial pretreatment requirements for
  307  potable reuse projects. These industrial pretreatment
  308  requirements must match the industrial pretreatment requirements
  309  contained in chapter 62-625, Florida Administrative Code, as of
  310  the effective date of this act. If necessary, the department
  311  also must require the utility operating a potable reuse project
  312  to implement a source control program, and the utility shall
  313  identify the sources that need to be addressed.
  314         (e)Provide off-spec reclaimed water requirements for
  315  potable reuse projects which include the immediate disposal,
  316  temporary storage, alternative nonpotable reuse, or retreatment
  317  or disposal of off-spec reclaimed water based on operating
  318  protocols established by the public water supplier and approved
  319  by the department.
  320         (f)Revise existing rules to specify the point of
  321  compliance with drinking water standards for potable reuse
  322  projects as the point where the finished water is finally
  323  discharged from the drinking water treatment facility to the
  324  water distribution system.
  325         (g)Ensure that, as rules for potable reuse projects are
  326  implemented, chapter 62-610.850, Florida Administrative Code, is
  327  applicable.
  328         (h)Revise the definition of the term “indirect potable
  329  reuse provided in chapter 62-610, Florida Administrative Code,
  330  to match the definition provided in s. 403.8531, Florida
  331  Statutes.
  332         (2)The department shall convene and lead one or more
  333  technical advisory committees to coordinate the rulemaking and
  334  review of rules required by s. 403.8531, Florida Statutes. The
  335  technical advisory committees, which shall assist in the
  336  development of such rules, must be composed of knowledgeable
  337  representatives of a broad group of interested stakeholders,
  338  including, but not limited to, representatives from the water
  339  management districts, the wastewater utility industry, the water
  340  utility industry, the environmental community, the business
  341  community, the public health community, and the agricultural
  342  community, and consumers.
  343         Section 4. To further promote the reuse of reclaimed water
  344  for irrigation purposes, the rules that apply when reclaimed
  345  water is injected into a receiving groundwater having 1,000 to
  346  3,000 mg/L total dissolved solids are applicable to reclaimed
  347  water aquifer storage and recovery wells injecting into a
  348  receiving groundwater of less than 1,000 mg/L total dissolved
  349  solids if the applicant demonstrates that there are no public
  350  supply wells within 3,500 feet of the aquifer storage and
  351  recovery wells and that it has implemented institutional
  352  controls to prevent the future construction of public supply
  353  wells within 3,500 feet of the aquifer storage and recovery
  354  wells.
  355         Section 5. The Division of Law Revision is directed to
  356  replace the phrase “the effective date of this act” wherever it
  357  occurs in this act with the date the act becomes a law.
  358         Section 6. This act shall take effect upon becoming a law.