Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 712
       
       
       
       
       
       
                                Ì8329166Î832916                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  12/11/2019           .                                
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       The Committee on Community Affairs (Mayfield) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “Clean Waterways
    6  Act.”
    7         Section 2. (1)By July 1, 2020, the Department of Health
    8  must provide a report to the Governor, the President of the
    9  Senate, and the Speaker of the House of Representatives
   10  detailing the following information regarding the Onsite Sewage
   11  Program:
   12         (a)The average number of permits issued each year;
   13         (b)The number of department employees conducting work on
   14  or related to the program each year; and
   15         (c)The program’s costs and expenditures, including, but
   16  not limited to, salaries and benefits, equipment costs, and
   17  contracting costs.
   18         (2)By December 31, 2020, the Department of Health and the
   19  Department of Environmental Protection shall submit
   20  recommendations to the Governor, the President of the Senate,
   21  and the Speaker of the House of Representatives regarding the
   22  transfer of the Onsite Sewage Program from the Department of
   23  Health to the Department of Environmental Protection. The
   24  recommendations must address all aspects of the transfer,
   25  including the continued role of the county health departments in
   26  the permitting, inspection, data management, and tracking of
   27  onsite sewage treatment and disposal systems under the direction
   28  of the Department of Environmental Protection.
   29         (3)By June 30, 2021, the Department of Health and the
   30  Department of Environmental Protection shall enter into an
   31  interagency agreement based on the Department of Health report
   32  required under subsection (2) and on recommendations from a plan
   33  that must address all agency cooperation for a period not less
   34  than 5 years after the transfer, including:
   35         (a)The continued role of the county health departments in
   36  the permitting, inspection, data management, and tracking of
   37  onsite sewage treatment and disposal systems under the direction
   38  of the Department of Environmental Protection.
   39         (b)The appropriate proportionate number of administrative,
   40  auditing, inspector general, attorney, and operational support
   41  positions, and their related funding levels and sources and
   42  assigned property, to be transferred from the Office of General
   43  Counsel, the Office of Inspector General, and the Division of
   44  Administrative Services or other relevant offices or divisions
   45  within the Department of Health to the Department of
   46  Environmental Protection.
   47         (c)The development of a recommended plan to address the
   48  transfer or shared use of buildings, regional offices, and other
   49  facilities used or owned by the Department of Health.
   50         (d)Any operating budget adjustments that are necessary to
   51  implement the requirements of this act. Adjustments made to the
   52  operating budgets of the agencies in the implementation of this
   53  act must be made in consultation with the appropriate
   54  substantive and fiscal committees of the Senate and the House of
   55  Representatives. The revisions to the approved operating budgets
   56  for the 2021-2022 fiscal year which are necessary to reflect the
   57  organizational changes made by this act must be implemented
   58  pursuant to s. 216.292(4)(d), Florida Statutes, and are subject
   59  to s. 216.177, Florida Statutes. Subsequent adjustments between
   60  the Department of Health and the Department of Environmental
   61  Protection which are determined necessary by the respective
   62  agencies and approved by the Executive Office of the Governor
   63  are authorized and subject to s. 216.177, Florida Statutes. The
   64  appropriate substantive committees of the Senate and the House
   65  of Representatives must also be notified of the proposed
   66  revisions to ensure their consistency with legislative policy
   67  and intent.
   68         (4)Effective July 1, 2021, all powers, duties, functions,
   69  records, offices, personnel, associated administrative support
   70  positions, property, pending issues, existing contracts,
   71  administrative authority, administrative rules, and unexpended
   72  balances of appropriations, allocations, and other funds for the
   73  regulation of onsite sewage treatment and disposal systems
   74  relating to the Onsite Sewage Program in the Department of
   75  Health are transferred by a type two transfer, as defined in s.
   76  20.06(2), Florida Statutes, to the Department of Environmental
   77  Protection.
   78         (5)Notwithstanding chapter 60L-34, Florida Administrative
   79  Code, or any law to the contrary, employees who are transferred
   80  from the Department of Health to the Department of Environmental
   81  Protection to fill positions transferred by this act retain and
   82  transfer any accrued annual leave, sick leave, and regular and
   83  special compensatory leave balances.
   84         Section 3. Subsection (5) of section 373.4131, Florida
   85  Statutes, is amended, and subsection (6) is added to that
   86  section, to read:
   87         373.4131 Statewide environmental resource permitting
   88  rules.—
   89         (5) To ensure consistent implementation and interpretation
   90  of the rules adopted pursuant to this section, the department
   91  shall conduct or oversee regular assessment and training of its
   92  staff and the staffs of the water management districts and local
   93  governments delegated local pollution control program authority
   94  under s. 373.441. The training must include coordinating field
   95  inspections of publicly and privately owned stormwater
   96  structural controls, such as stormwater retention or detention
   97  ponds.
   98         (6)By January 1, 2021:
   99         (a)The department and the water management districts shall
  100  initiate rulemaking to update the stormwater design and
  101  operation regulations using the most recent scientific
  102  information available; and
  103         (b)The department shall evaluate inspection data relating
  104  to compliance by those entities that self-certify under s.
  105  403.814(12) and provide the Legislature with recommendations for
  106  improvements to the self-certification program.
  107         Section 4. Effective July 1, 2021, present paragraphs (d)
  108  through (q) of subsection (2) of section 381.0065, Florida
  109  Statutes, are redesignated as paragraphs (e) through (r),
  110  respectively, a new paragraph (d) is added to that subsection,
  111  and subsections (3) and (4) of that section are amended, to
  112  read:
  113         381.0065 Onsite sewage treatment and disposal systems;
  114  regulation.—
  115         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
  116  term:
  117         (d) “Department” means the Department of Environmental
  118  Protection.
  119         (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The
  120  department shall:
  121         (a) Adopt rules to administer ss. 381.0065-381.0067,
  122  including definitions that are consistent with the definitions
  123  in this section, decreases to setback requirements where no
  124  health hazard exists, increases for the lot-flow allowance for
  125  performance-based systems, requirements for separation from
  126  water table elevation during the wettest season, requirements
  127  for the design and construction of any component part of an
  128  onsite sewage treatment and disposal system, application and
  129  permit requirements for persons who maintain an onsite sewage
  130  treatment and disposal system, requirements for maintenance and
  131  service agreements for aerobic treatment units and performance
  132  based treatment systems, and recommended standards, including
  133  disclosure requirements, for voluntary system inspections to be
  134  performed by individuals who are authorized by law to perform
  135  such inspections and who shall inform a person having ownership,
  136  control, or use of an onsite sewage treatment and disposal
  137  system of the inspection standards and of that person’s
  138  authority to request an inspection based on all or part of the
  139  standards.
  140         (b) Perform application reviews and site evaluations, issue
  141  permits, and conduct inspections and complaint investigations
  142  associated with the construction, installation, maintenance,
  143  modification, abandonment, operation, use, or repair of an
  144  onsite sewage treatment and disposal system for a residence or
  145  establishment with an estimated domestic sewage flow of 10,000
  146  gallons or less per day, or an estimated commercial sewage flow
  147  of 5,000 gallons or less per day, which is not currently
  148  regulated under chapter 403.
  149         (c) Develop a comprehensive program to ensure that onsite
  150  sewage treatment and disposal systems regulated by the
  151  department are sized, designed, constructed, installed, sited,
  152  repaired, modified, abandoned, used, operated, and maintained in
  153  compliance with this section and rules adopted under this
  154  section to prevent groundwater contamination, including impacts
  155  from nutrient pollution, and surface water contamination and to
  156  preserve the public health. The department is the final
  157  administrative interpretive authority regarding rule
  158  interpretation. In the event of a conflict regarding rule
  159  interpretation, the secretary of the department State Surgeon
  160  General, or his or her designee, shall timely assign a staff
  161  person to resolve the dispute.
  162         (d) Grant variances in hardship cases under the conditions
  163  prescribed in this section and rules adopted under this section.
  164         (e) Permit the use of a limited number of innovative
  165  systems for a specific period of time, when there is compelling
  166  evidence that the system will function properly and reliably to
  167  meet the requirements of this section and rules adopted under
  168  this section.
  169         (f) Issue annual operating permits under this section.
  170         (g) Establish and collect fees as established under s.
  171  381.0066 for services provided with respect to onsite sewage
  172  treatment and disposal systems.
  173         (h) Conduct enforcement activities, including imposing
  174  fines, issuing citations, suspensions, revocations, injunctions,
  175  and emergency orders for violations of this section, part I of
  176  chapter 386, or part III of chapter 489 or for a violation of
  177  any rule adopted under this section, part I of chapter 386, or
  178  part III of chapter 489.
  179         (i) Provide or conduct education and training of department
  180  personnel, service providers, and the public regarding onsite
  181  sewage treatment and disposal systems.
  182         (j) Supervise research on, demonstration of, and training
  183  on the performance, environmental impact, and public health
  184  impact of onsite sewage treatment and disposal systems within
  185  this state. Research fees collected under s. 381.0066(2)(k) must
  186  be used to develop and fund hands-on training centers designed
  187  to provide practical information about onsite sewage treatment
  188  and disposal systems to septic tank contractors, master septic
  189  tank contractors, contractors, inspectors, engineers, and the
  190  public and must also be used to fund research projects which
  191  focus on improvements of onsite sewage treatment and disposal
  192  systems, including use of performance-based standards and
  193  reduction of environmental impact. Research projects shall be
  194  initially approved by the technical review and advisory panel
  195  and shall be applicable to and reflect the soil conditions
  196  specific to Florida. Such projects shall be awarded through
  197  competitive negotiation, using the procedures provided in s.
  198  287.055, to public or private entities that have experience in
  199  onsite sewage treatment and disposal systems in Florida and that
  200  are principally located in Florida. Research projects may shall
  201  not be awarded to firms or entities that employ or are
  202  associated with persons who serve on either the technical review
  203  and advisory panel or the research review and advisory
  204  committee.
  205         (k) Approve the installation of individual graywater
  206  disposal systems in which blackwater is treated by a central
  207  sewerage system.
  208         (l) Regulate and permit the sanitation, handling,
  209  treatment, storage, reuse, and disposal of byproducts from any
  210  system regulated under this chapter and not regulated by the
  211  Department of Environmental Protection.
  212         (m) Permit and inspect portable or temporary toilet
  213  services and holding tanks. The department shall review
  214  applications, perform site evaluations, and issue permits for
  215  the temporary use of holding tanks, privies, portable toilet
  216  services, or any other toilet facility that is intended for use
  217  on a permanent or nonpermanent basis, including facilities
  218  placed on construction sites when workers are present. The
  219  department may specify standards for the construction,
  220  maintenance, use, and operation of any such facility for
  221  temporary use.
  222         (n) Regulate and permit maintenance entities for
  223  performance-based treatment systems and aerobic treatment unit
  224  systems. To ensure systems are maintained and operated according
  225  to manufacturer’s specifications and designs, the department
  226  shall establish by rule minimum qualifying criteria for
  227  maintenance entities. The criteria shall include: training,
  228  access to approved spare parts and components, access to
  229  manufacturer’s maintenance and operation manuals, and service
  230  response time. The maintenance entity shall employ a contractor
  231  licensed under s. 489.105(3)(m), or part III of chapter 489, or
  232  a state-licensed wastewater plant operator, who is responsible
  233  for maintenance and repair of all systems under contract.
  234         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
  235  construct, repair, modify, abandon, or operate an onsite sewage
  236  treatment and disposal system without first obtaining a permit
  237  approved by the department. The department may issue permits to
  238  carry out this section., but shall not make the issuance of such
  239  permits contingent upon prior approval by the Department of
  240  Environmental Protection, except that The issuance of a permit
  241  for work seaward of the coastal construction control line
  242  established under s. 161.053 shall be contingent upon receipt of
  243  any required coastal construction control line permit from the
  244  department of Environmental Protection. A construction permit is
  245  valid for 18 months from the issuance date and may be extended
  246  by the department for one 90-day period under rules adopted by
  247  the department. A repair permit is valid for 90 days from the
  248  date of issuance. An operating permit must be obtained before
  249  prior to the use of any aerobic treatment unit or if the
  250  establishment generates commercial waste. Buildings or
  251  establishments that use an aerobic treatment unit or generate
  252  commercial waste shall be inspected by the department at least
  253  annually to assure compliance with the terms of the operating
  254  permit. The operating permit for a commercial wastewater system
  255  is valid for 1 year from the date of issuance and must be
  256  renewed annually. The operating permit for an aerobic treatment
  257  unit is valid for 2 years from the date of issuance and must be
  258  renewed every 2 years. If all information pertaining to the
  259  siting, location, and installation conditions or repair of an
  260  onsite sewage treatment and disposal system remains the same, a
  261  construction or repair permit for the onsite sewage treatment
  262  and disposal system may be transferred to another person, if the
  263  transferee files, within 60 days after the transfer of
  264  ownership, an amended application providing all corrected
  265  information and proof of ownership of the property. There is no
  266  fee associated with the processing of this supplemental
  267  information. A person may not contract to construct, modify,
  268  alter, repair, service, abandon, or maintain any portion of an
  269  onsite sewage treatment and disposal system without being
  270  registered under part III of chapter 489. A property owner who
  271  personally performs construction, maintenance, or repairs to a
  272  system serving his or her own owner-occupied single-family
  273  residence is exempt from registration requirements for
  274  performing such construction, maintenance, or repairs on that
  275  residence, but is subject to all permitting requirements. A
  276  municipality or political subdivision of the state may not issue
  277  a building or plumbing permit for any building that requires the
  278  use of an onsite sewage treatment and disposal system unless the
  279  owner or builder has received a construction permit for such
  280  system from the department. A building or structure may not be
  281  occupied and a municipality, political subdivision, or any state
  282  or federal agency may not authorize occupancy until the
  283  department approves the final installation of the onsite sewage
  284  treatment and disposal system. A municipality or political
  285  subdivision of the state may not approve any change in occupancy
  286  or tenancy of a building that uses an onsite sewage treatment
  287  and disposal system until the department has reviewed the use of
  288  the system with the proposed change, approved the change, and
  289  amended the operating permit.
  290         (a) Subdivisions and lots in which each lot has a minimum
  291  area of at least one-half acre and either a minimum dimension of
  292  100 feet or a mean of at least 100 feet of the side bordering
  293  the street and the distance formed by a line parallel to the
  294  side bordering the street drawn between the two most distant
  295  points of the remainder of the lot may be developed with a water
  296  system regulated under s. 381.0062 and onsite sewage treatment
  297  and disposal systems, provided the projected daily sewage flow
  298  does not exceed an average of 1,500 gallons per acre per day,
  299  and provided satisfactory drinking water can be obtained and all
  300  distance and setback, soil condition, water table elevation, and
  301  other related requirements of this section and rules adopted
  302  under this section can be met.
  303         (b) Subdivisions and lots using a public water system as
  304  defined in s. 403.852 may use onsite sewage treatment and
  305  disposal systems, provided there are no more than four lots per
  306  acre, provided the projected daily sewage flow does not exceed
  307  an average of 2,500 gallons per acre per day, and provided that
  308  all distance and setback, soil condition, water table elevation,
  309  and other related requirements that are generally applicable to
  310  the use of onsite sewage treatment and disposal systems are met.
  311         (c) Notwithstanding paragraphs (a) and (b), for
  312  subdivisions platted of record on or before October 1, 1991,
  313  when a developer or other appropriate entity has previously made
  314  or makes provisions, including financial assurances or other
  315  commitments, acceptable to the Department of Health, that a
  316  central water system will be installed by a regulated public
  317  utility based on a density formula, private potable wells may be
  318  used with onsite sewage treatment and disposal systems until the
  319  agreed-upon densities are reached. In a subdivision regulated by
  320  this paragraph, the average daily sewage flow may not exceed
  321  2,500 gallons per acre per day. This section does not affect the
  322  validity of existing prior agreements. After October 1, 1991,
  323  the exception provided under this paragraph is not available to
  324  a developer or other appropriate entity.
  325         (d) Paragraphs (a) and (b) do not apply to any proposed
  326  residential subdivision with more than 50 lots or to any
  327  proposed commercial subdivision with more than 5 lots where a
  328  publicly owned or investor-owned sewerage system is available.
  329  It is the intent of this paragraph not to allow development of
  330  additional proposed subdivisions in order to evade the
  331  requirements of this paragraph.
  332         (e)The department shall adopt rules to locate onsite
  333  sewage treatment and disposal systems, including establishing
  334  setback distances, to prevent groundwater contamination and
  335  surface water contamination and to preserve the public health.
  336  The rulemaking process for such rules must be completed by July
  337  1, 2022. The rules must consider conventional and advanced
  338  onsite sewage treatment and disposal system designs, impaired or
  339  degraded water bodies, wastewater and drinking water
  340  infrastructure, potable water sources, nonpotable wells,
  341  stormwater infrastructure, the onsite sewage treatment and
  342  disposal system remediation plans developed pursuant to s.
  343  403.067(7)(a)9.b., nutrient pollution, and the recommendations
  344  of the onsite sewage treatment and disposal systems technical
  345  advisory committee established pursuant to s. 381.00652.
  346         (f)(e) Onsite sewage treatment and disposal systems that
  347  are permitted before adoption of the rules identified in
  348  paragraph (e) may must not be placed closer than:
  349         1. Seventy-five feet from a private potable well.
  350         2. Two hundred feet from a public potable well serving a
  351  residential or nonresidential establishment having a total
  352  sewage flow of greater than 2,000 gallons per day.
  353         3. One hundred feet from a public potable well serving a
  354  residential or nonresidential establishment having a total
  355  sewage flow of less than or equal to 2,000 gallons per day.
  356         4. Fifty feet from any nonpotable well.
  357         5. Ten feet from any storm sewer pipe, to the maximum
  358  extent possible, but in no instance shall the setback be less
  359  than 5 feet.
  360         6. Seventy-five feet from the mean high-water line of a
  361  tidally influenced surface water body.
  362         7. Seventy-five feet from the mean annual flood line of a
  363  permanent nontidal surface water body.
  364         8. Fifteen feet from the design high-water line of
  365  retention areas, detention areas, or swales designed to contain
  366  standing or flowing water for less than 72 hours after a
  367  rainfall or the design high-water level of normally dry drainage
  368  ditches or normally dry individual lot stormwater retention
  369  areas.
  370         (f) Except as provided under paragraphs (e) and (t), no
  371  limitations shall be imposed by rule, relating to the distance
  372  between an onsite disposal system and any area that either
  373  permanently or temporarily has visible surface water.
  374         (g) All provisions of this section and rules adopted under
  375  this section relating to soil condition, water table elevation,
  376  distance, and other setback requirements must be equally applied
  377  to all lots, with the following exceptions:
  378         1. Any residential lot that was platted and recorded on or
  379  after January 1, 1972, or that is part of a residential
  380  subdivision that was approved by the appropriate permitting
  381  agency on or after January 1, 1972, and that was eligible for an
  382  onsite sewage treatment and disposal system construction permit
  383  on the date of such platting and recording or approval shall be
  384  eligible for an onsite sewage treatment and disposal system
  385  construction permit, regardless of when the application for a
  386  permit is made. If rules in effect at the time the permit
  387  application is filed cannot be met, residential lots platted and
  388  recorded or approved on or after January 1, 1972, shall, to the
  389  maximum extent possible, comply with the rules in effect at the
  390  time the permit application is filed. At a minimum, however,
  391  those residential lots platted and recorded or approved on or
  392  after January 1, 1972, but before January 1, 1983, shall comply
  393  with those rules in effect on January 1, 1983, and those
  394  residential lots platted and recorded or approved on or after
  395  January 1, 1983, shall comply with those rules in effect at the
  396  time of such platting and recording or approval. In determining
  397  the maximum extent of compliance with current rules that is
  398  possible, the department shall allow structures and
  399  appurtenances thereto which were authorized at the time such
  400  lots were platted and recorded or approved.
  401         2. Lots platted before 1972 are subject to a 50-foot
  402  minimum surface water setback and are not subject to lot size
  403  requirements. The projected daily flow for onsite sewage
  404  treatment and disposal systems for lots platted before 1972 may
  405  not exceed:
  406         a. Two thousand five hundred gallons per acre per day for
  407  lots served by public water systems as defined in s. 403.852.
  408         b. One thousand five hundred gallons per acre per day for
  409  lots served by water systems regulated under s. 381.0062.
  410         (h)1. The department may grant variances in hardship cases
  411  which may be less restrictive than the provisions specified in
  412  this section. If a variance is granted and the onsite sewage
  413  treatment and disposal system construction permit has been
  414  issued, the variance may be transferred with the system
  415  construction permit, if the transferee files, within 60 days
  416  after the transfer of ownership, an amended construction permit
  417  application providing all corrected information and proof of
  418  ownership of the property and if the same variance would have
  419  been required for the new owner of the property as was
  420  originally granted to the original applicant for the variance.
  421  There is no fee associated with the processing of this
  422  supplemental information. A variance may not be granted under
  423  this section until the department is satisfied that:
  424         a. The hardship was not caused intentionally by the action
  425  of the applicant;
  426         b. No reasonable alternative, taking into consideration
  427  factors such as cost, exists for the treatment of the sewage;
  428  and
  429         c. The discharge from the onsite sewage treatment and
  430  disposal system will not adversely affect the health of the
  431  applicant or the public or significantly degrade the groundwater
  432  or surface waters.
  433  
  434  Where soil conditions, water table elevation, and setback
  435  provisions are determined by the department to be satisfactory,
  436  special consideration must be given to those lots platted before
  437  1972.
  438         2. The department shall appoint and staff a variance review
  439  and advisory committee, which shall meet monthly to recommend
  440  agency action on variance requests. The committee shall make its
  441  recommendations on variance requests at the meeting in which the
  442  application is scheduled for consideration, except for an
  443  extraordinary change in circumstances, the receipt of new
  444  information that raises new issues, or when the applicant
  445  requests an extension. The committee shall consider the criteria
  446  in subparagraph 1. in its recommended agency action on variance
  447  requests and shall also strive to allow property owners the full
  448  use of their land where possible. The committee consists of the
  449  following:
  450         a. The Secretary of Environmental Protection State Surgeon
  451  General or his or her designee.
  452         b. A representative from the county health departments.
  453         c. A representative from the home building industry
  454  recommended by the Florida Home Builders Association.
  455         d. A representative from the septic tank industry
  456  recommended by the Florida Onsite Wastewater Association.
  457         e. A representative from the Department of Health
  458  Environmental Protection.
  459         f. A representative from the real estate industry who is
  460  also a developer in this state who develops lots using onsite
  461  sewage treatment and disposal systems, recommended by the
  462  Florida Association of Realtors.
  463         g. A representative from the engineering profession
  464  recommended by the Florida Engineering Society.
  465  
  466  Members shall be appointed for a term of 3 years, with such
  467  appointments being staggered so that the terms of no more than
  468  two members expire in any one year. Members shall serve without
  469  remuneration, but if requested, shall be reimbursed for per diem
  470  and travel expenses as provided in s. 112.061.
  471         (i) A construction permit may not be issued for an onsite
  472  sewage treatment and disposal system in any area zoned or used
  473  for industrial or manufacturing purposes, or its equivalent,
  474  where a publicly owned or investor-owned sewage treatment system
  475  is available, or where a likelihood exists that the system will
  476  receive toxic, hazardous, or industrial waste. An existing
  477  onsite sewage treatment and disposal system may be repaired if a
  478  publicly owned or investor-owned sewerage system is not
  479  available within 500 feet of the building sewer stub-out and if
  480  system construction and operation standards can be met. This
  481  paragraph does not require publicly owned or investor-owned
  482  sewerage treatment systems to accept anything other than
  483  domestic wastewater.
  484         1. A building located in an area zoned or used for
  485  industrial or manufacturing purposes, or its equivalent, when
  486  such building is served by an onsite sewage treatment and
  487  disposal system, must not be occupied until the owner or tenant
  488  has obtained written approval from the department. The
  489  department may shall not grant approval when the proposed use of
  490  the system is to dispose of toxic, hazardous, or industrial
  491  wastewater or toxic or hazardous chemicals.
  492         2. Each person who owns or operates a business or facility
  493  in an area zoned or used for industrial or manufacturing
  494  purposes, or its equivalent, or who owns or operates a business
  495  that has the potential to generate toxic, hazardous, or
  496  industrial wastewater or toxic or hazardous chemicals, and uses
  497  an onsite sewage treatment and disposal system that is installed
  498  on or after July 5, 1989, must obtain an annual system operating
  499  permit from the department. A person who owns or operates a
  500  business that uses an onsite sewage treatment and disposal
  501  system that was installed and approved before July 5, 1989, need
  502  not obtain a system operating permit. However, upon change of
  503  ownership or tenancy, the new owner or operator must notify the
  504  department of the change, and the new owner or operator must
  505  obtain an annual system operating permit, regardless of the date
  506  that the system was installed or approved.
  507         3. The department shall periodically review and evaluate
  508  the continued use of onsite sewage treatment and disposal
  509  systems in areas zoned or used for industrial or manufacturing
  510  purposes, or its equivalent, and may require the collection and
  511  analyses of samples from within and around such systems. If the
  512  department finds that toxic or hazardous chemicals or toxic,
  513  hazardous, or industrial wastewater have been or are being
  514  disposed of through an onsite sewage treatment and disposal
  515  system, the department shall initiate enforcement actions
  516  against the owner or tenant to ensure adequate cleanup,
  517  treatment, and disposal.
  518         (j) An onsite sewage treatment and disposal system designed
  519  by a professional engineer registered in the state and certified
  520  by such engineer as complying with performance criteria adopted
  521  by the department must be approved by the department subject to
  522  the following:
  523         1. The performance criteria applicable to engineer-designed
  524  systems must be limited to those necessary to ensure that such
  525  systems do not adversely affect the public health or
  526  significantly degrade the groundwater or surface water. Such
  527  performance criteria shall include consideration of the quality
  528  of system effluent, the proposed total sewage flow per acre,
  529  wastewater treatment capabilities of the natural or replaced
  530  soil, water quality classification of the potential surface
  531  water-receiving body, and the structural and maintenance
  532  viability of the system for the treatment of domestic
  533  wastewater. However, performance criteria shall address only the
  534  performance of a system and not a system’s design.
  535         2. A person electing to utilize an engineer-designed system
  536  shall, upon completion of the system design, submit such design,
  537  certified by a registered professional engineer, to the county
  538  health department. The county health department may utilize an
  539  outside consultant to review the engineer-designed system, with
  540  the actual cost of such review to be borne by the applicant.
  541  Within 5 working days after receiving an engineer-designed
  542  system permit application, the county health department shall
  543  request additional information if the application is not
  544  complete. Within 15 working days after receiving a complete
  545  application for an engineer-designed system, the county health
  546  department either shall issue the permit or, if it determines
  547  that the system does not comply with the performance criteria,
  548  shall notify the applicant of that determination and refer the
  549  application to the department for a determination as to whether
  550  the system should be approved, disapproved, or approved with
  551  modification. The department engineer’s determination shall
  552  prevail over the action of the county health department. The
  553  applicant shall be notified in writing of the department’s
  554  determination and of the applicant’s rights to pursue a variance
  555  or seek review under the provisions of chapter 120.
  556         3. The owner of an engineer-designed performance-based
  557  system must maintain a current maintenance service agreement
  558  with a maintenance entity permitted by the department. The
  559  maintenance entity shall inspect each system at least twice each
  560  year and shall report quarterly to the department on the number
  561  of systems inspected and serviced. The reports may be submitted
  562  electronically.
  563         4. The property owner of an owner-occupied, single-family
  564  residence may be approved and permitted by the department as a
  565  maintenance entity for his or her own performance-based
  566  treatment system upon written certification from the system
  567  manufacturer’s approved representative that the property owner
  568  has received training on the proper installation and service of
  569  the system. The maintenance service agreement must conspicuously
  570  disclose that the property owner has the right to maintain his
  571  or her own system and is exempt from contractor registration
  572  requirements for performing construction, maintenance, or
  573  repairs on the system but is subject to all permitting
  574  requirements.
  575         5. The property owner shall obtain a biennial system
  576  operating permit from the department for each system. The
  577  department shall inspect the system at least annually, or on
  578  such periodic basis as the fee collected permits, and may
  579  collect system-effluent samples if appropriate to determine
  580  compliance with the performance criteria. The fee for the
  581  biennial operating permit shall be collected beginning with the
  582  second year of system operation.
  583         6. If an engineer-designed system fails to properly
  584  function or fails to meet performance standards, the system
  585  shall be re-engineered, if necessary, to bring the system into
  586  compliance with the provisions of this section.
  587         (k) An innovative system may be approved in conjunction
  588  with an engineer-designed site-specific system which is
  589  certified by the engineer to meet the performance-based criteria
  590  adopted by the department.
  591         (l) For the Florida Keys, the department shall adopt a
  592  special rule for the construction, installation, modification,
  593  operation, repair, maintenance, and performance of onsite sewage
  594  treatment and disposal systems which considers the unique soil
  595  conditions and water table elevations, densities, and setback
  596  requirements. On lots where a setback distance of 75 feet from
  597  surface waters, saltmarsh, and buttonwood association habitat
  598  areas cannot be met, an injection well, approved and permitted
  599  by the department, may be used for disposal of effluent from
  600  onsite sewage treatment and disposal systems. The following
  601  additional requirements apply to onsite sewage treatment and
  602  disposal systems in Monroe County:
  603         1. The county, each municipality, and those special
  604  districts established for the purpose of the collection,
  605  transmission, treatment, or disposal of sewage shall ensure, in
  606  accordance with the specific schedules adopted by the
  607  Administration Commission under s. 380.0552, the completion of
  608  onsite sewage treatment and disposal system upgrades to meet the
  609  requirements of this paragraph.
  610         2. Onsite sewage treatment and disposal systems must cease
  611  discharge by December 31, 2015, or must comply with department
  612  rules and provide the level of treatment which, on a permitted
  613  annual average basis, produces an effluent that contains no more
  614  than the following concentrations:
  615         a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
  616         b. Suspended Solids of 10 mg/l.
  617         c. Total Nitrogen, expressed as N, of 10 mg/l or a
  618  reduction in nitrogen of at least 70 percent. A system that has
  619  been tested and certified to reduce nitrogen concentrations by
  620  at least 70 percent shall be deemed to be in compliance with
  621  this standard.
  622         d. Total Phosphorus, expressed as P, of 1 mg/l.
  623  
  624  In addition, onsite sewage treatment and disposal systems
  625  discharging to an injection well must provide basic disinfection
  626  as defined by department rule.
  627         3. In areas not scheduled to be served by a central sewer,
  628  onsite sewage treatment and disposal systems must, by December
  629  31, 2015, comply with department rules and provide the level of
  630  treatment described in subparagraph 2.
  631         4. In areas scheduled to be served by central sewer by
  632  December 31, 2015, if the property owner has paid a connection
  633  fee or assessment for connection to the central sewer system,
  634  the property owner may install a holding tank with a high water
  635  alarm or an onsite sewage treatment and disposal system that
  636  meets the following minimum standards:
  637         a. The existing tanks must be pumped and inspected and
  638  certified as being watertight and free of defects in accordance
  639  with department rule; and
  640         b. A sand-lined drainfield or injection well in accordance
  641  with department rule must be installed.
  642         5. Onsite sewage treatment and disposal systems must be
  643  monitored for total nitrogen and total phosphorus concentrations
  644  as required by department rule.
  645         6. The department shall enforce proper installation,
  646  operation, and maintenance of onsite sewage treatment and
  647  disposal systems pursuant to this chapter, including ensuring
  648  that the appropriate level of treatment described in
  649  subparagraph 2. is met.
  650         7. The authority of a local government, including a special
  651  district, to mandate connection of an onsite sewage treatment
  652  and disposal system is governed by s. 4, chapter 99-395, Laws of
  653  Florida.
  654         8. Notwithstanding any other provision of law, an onsite
  655  sewage treatment and disposal system installed after July 1,
  656  2010, in unincorporated Monroe County, excluding special
  657  wastewater districts, that complies with the standards in
  658  subparagraph 2. is not required to connect to a central sewer
  659  system until December 31, 2020.
  660         (m) No product sold in the state for use in onsite sewage
  661  treatment and disposal systems may contain any substance in
  662  concentrations or amounts that would interfere with or prevent
  663  the successful operation of such system, or that would cause
  664  discharges from such systems to violate applicable water quality
  665  standards. The department shall publish criteria for products
  666  known or expected to meet the conditions of this paragraph. In
  667  the event a product does not meet such criteria, such product
  668  may be sold if the manufacturer satisfactorily demonstrates to
  669  the department that the conditions of this paragraph are met.
  670         (n) Evaluations for determining the seasonal high-water
  671  table elevations or the suitability of soils for the use of a
  672  new onsite sewage treatment and disposal system shall be
  673  performed by department personnel, professional engineers
  674  registered in the state, or such other persons with expertise,
  675  as defined by rule, in making such evaluations. Evaluations for
  676  determining mean annual flood lines shall be performed by those
  677  persons identified in paragraph (2)(k) (2)(j). The department
  678  shall accept evaluations submitted by professional engineers and
  679  such other persons as meet the expertise established by this
  680  section or by rule unless the department has a reasonable
  681  scientific basis for questioning the accuracy or completeness of
  682  the evaluation.
  683         (o) The department shall appoint a research review and
  684  advisory committee, which shall meet at least semiannually. The
  685  committee shall advise the department on directions for new
  686  research, review and rank proposals for research contracts, and
  687  review draft research reports and make comments. The committee
  688  is comprised of:
  689         1. A representative of the Secretary of Environmental
  690  Protection State Surgeon General, or his or her designee.
  691         2. A representative from the septic tank industry.
  692         3. A representative from the home building industry.
  693         4. A representative from an environmental interest group.
  694         5. A representative from the State University System, from
  695  a department knowledgeable about onsite sewage treatment and
  696  disposal systems.
  697         6. A professional engineer registered in this state who has
  698  work experience in onsite sewage treatment and disposal systems.
  699         7. A representative from local government who is
  700  knowledgeable about domestic wastewater treatment.
  701         8. A representative from the real estate profession.
  702         9. A representative from the restaurant industry.
  703         10. A consumer.
  704  
  705  Members shall be appointed for a term of 3 years, with the
  706  appointments being staggered so that the terms of no more than
  707  four members expire in any one year. Members shall serve without
  708  remuneration, but are entitled to reimbursement for per diem and
  709  travel expenses as provided in s. 112.061.
  710         (p) An application for an onsite sewage treatment and
  711  disposal system permit shall be completed in full, signed by the
  712  owner or the owner’s authorized representative, or by a
  713  contractor licensed under chapter 489, and shall be accompanied
  714  by all required exhibits and fees. No specific documentation of
  715  property ownership shall be required as a prerequisite to the
  716  review of an application or the issuance of a permit. The
  717  issuance of a permit does not constitute determination by the
  718  department of property ownership.
  719         (q) The department may not require any form of subdivision
  720  analysis of property by an owner, developer, or subdivider prior
  721  to submission of an application for an onsite sewage treatment
  722  and disposal system.
  723         (r) Nothing in this section limits the power of a
  724  municipality or county to enforce other laws for the protection
  725  of the public health and safety.
  726         (s) In the siting of onsite sewage treatment and disposal
  727  systems, including drainfields, shoulders, and slopes, guttering
  728  may shall not be required on single-family residential dwelling
  729  units for systems located greater than 5 feet from the roof drip
  730  line of the house. If guttering is used on residential dwelling
  731  units, the downspouts shall be directed away from the
  732  drainfield.
  733         (t) Notwithstanding the provisions of subparagraph (g)1.,
  734  onsite sewage treatment and disposal systems located in
  735  floodways of the Suwannee and Aucilla Rivers must adhere to the
  736  following requirements:
  737         1. The absorption surface of the drainfield may shall not
  738  be subject to flooding based on 10-year flood elevations.
  739  Provided, however, for lots or parcels created by the
  740  subdivision of land in accordance with applicable local
  741  government regulations prior to January 17, 1990, if an
  742  applicant cannot construct a drainfield system with the
  743  absorption surface of the drainfield at an elevation equal to or
  744  above 10-year flood elevation, the department shall issue a
  745  permit for an onsite sewage treatment and disposal system within
  746  the 10-year floodplain of rivers, streams, and other bodies of
  747  flowing water if all of the following criteria are met:
  748         a. The lot is at least one-half acre in size;
  749         b. The bottom of the drainfield is at least 36 inches above
  750  the 2-year flood elevation; and
  751         c. The applicant installs either: a waterless,
  752  incinerating, or organic waste composting toilet and a graywater
  753  system and drainfield in accordance with department rules; an
  754  aerobic treatment unit and drainfield in accordance with
  755  department rules; a system approved by the State Health Office
  756  that is capable of reducing effluent nitrate by at least 50
  757  percent; or a system approved by the county health department
  758  pursuant to department rule other than a system using
  759  alternative drainfield materials. The United States Department
  760  of Agriculture Soil Conservation Service soil maps, State of
  761  Florida Water Management District data, and Federal Emergency
  762  Management Agency Flood Insurance maps are resources that shall
  763  be used to identify flood-prone areas.
  764         2. The use of fill or mounding to elevate a drainfield
  765  system out of the 10-year floodplain of rivers, streams, or
  766  other bodies of flowing water may shall not be permitted if such
  767  a system lies within a regulatory floodway of the Suwannee and
  768  Aucilla Rivers. In cases where the 10-year flood elevation does
  769  not coincide with the boundaries of the regulatory floodway, the
  770  regulatory floodway will be considered for the purposes of this
  771  subsection to extend at a minimum to the 10-year flood
  772  elevation.
  773         (u)1. The owner of an aerobic treatment unit system shall
  774  maintain a current maintenance service agreement with an aerobic
  775  treatment unit maintenance entity permitted by the department.
  776  The maintenance entity shall inspect each aerobic treatment unit
  777  system at least twice each year and shall report quarterly to
  778  the department on the number of aerobic treatment unit systems
  779  inspected and serviced. The reports may be submitted
  780  electronically.
  781         2. The property owner of an owner-occupied, single-family
  782  residence may be approved and permitted by the department as a
  783  maintenance entity for his or her own aerobic treatment unit
  784  system upon written certification from the system manufacturer’s
  785  approved representative that the property owner has received
  786  training on the proper installation and service of the system.
  787  The maintenance entity service agreement must conspicuously
  788  disclose that the property owner has the right to maintain his
  789  or her own system and is exempt from contractor registration
  790  requirements for performing construction, maintenance, or
  791  repairs on the system but is subject to all permitting
  792  requirements.
  793         3. A septic tank contractor licensed under part III of
  794  chapter 489, if approved by the manufacturer, may not be denied
  795  access by the manufacturer to aerobic treatment unit system
  796  training or spare parts for maintenance entities. After the
  797  original warranty period, component parts for an aerobic
  798  treatment unit system may be replaced with parts that meet
  799  manufacturer’s specifications but are manufactured by others.
  800  The maintenance entity shall maintain documentation of the
  801  substitute part’s equivalency for 2 years and shall provide such
  802  documentation to the department upon request.
  803         4. The owner of an aerobic treatment unit system shall
  804  obtain a system operating permit from the department and allow
  805  the department to inspect during reasonable hours each aerobic
  806  treatment unit system at least annually, and such inspection may
  807  include collection and analysis of system-effluent samples for
  808  performance criteria established by rule of the department.
  809         (v) The department may require the submission of detailed
  810  system construction plans that are prepared by a professional
  811  engineer registered in this state. The department shall
  812  establish by rule criteria for determining when such a
  813  submission is required.
  814         (w) Any permit issued and approved by the department for
  815  the installation, modification, or repair of an onsite sewage
  816  treatment and disposal system shall transfer with the title to
  817  the property in a real estate transaction. A title may not be
  818  encumbered at the time of transfer by new permit requirements by
  819  a governmental entity for an onsite sewage treatment and
  820  disposal system which differ from the permitting requirements in
  821  effect at the time the system was permitted, modified, or
  822  repaired. An inspection of a system may not be mandated by a
  823  governmental entity at the point of sale in a real estate
  824  transaction. This paragraph does not affect a septic tank phase
  825  out deferral program implemented by a consolidated government as
  826  defined in s. 9, Art. VIII of the State Constitution (1885).
  827         (x) A governmental entity, including a municipality,
  828  county, or statutorily created commission, may not require an
  829  engineer-designed performance-based treatment system, excluding
  830  a passive engineer-designed performance-based treatment system,
  831  before the completion of the Florida Onsite Sewage Nitrogen
  832  Reduction Strategies Project. This paragraph does not apply to a
  833  governmental entity, including a municipality, county, or
  834  statutorily created commission, which adopted a local law,
  835  ordinance, or regulation on or before January 31, 2012.
  836  Notwithstanding this paragraph, an engineer-designed
  837  performance-based treatment system may be used to meet the
  838  requirements of the variance review and advisory committee
  839  recommendations.
  840         (y)1. An onsite sewage treatment and disposal system is not
  841  considered abandoned if the system is disconnected from a
  842  structure that was made unusable or destroyed following a
  843  disaster and if the system was properly functioning at the time
  844  of disconnection and was not adversely affected by the disaster.
  845  The onsite sewage treatment and disposal system may be
  846  reconnected to a rebuilt structure if:
  847         a. The reconnection of the system is to the same type of
  848  structure which contains the same number of bedrooms or fewer,
  849  if the square footage of the structure is less than or equal to
  850  110 percent of the original square footage of the structure that
  851  existed before the disaster;
  852         b. The system is not a sanitary nuisance; and
  853         c. The system has not been altered without prior
  854  authorization.
  855         2. An onsite sewage treatment and disposal system that
  856  serves a property that is foreclosed upon is not considered
  857  abandoned.
  858         (z) If an onsite sewage treatment and disposal system
  859  permittee receives, relies upon, and undertakes construction of
  860  a system based upon a validly issued construction permit under
  861  rules applicable at the time of construction but a change to a
  862  rule occurs within 5 years after the approval of the system for
  863  construction but before the final approval of the system, the
  864  rules applicable and in effect at the time of construction
  865  approval apply at the time of final approval if fundamental site
  866  conditions have not changed between the time of construction
  867  approval and final approval.
  868         (aa) An existing-system inspection or evaluation and
  869  assessment, or a modification, replacement, or upgrade of an
  870  onsite sewage treatment and disposal system is not required for
  871  a remodeling addition or modification to a single-family home if
  872  a bedroom is not added. However, a remodeling addition or
  873  modification to a single-family home may not cover any part of
  874  the existing system or encroach upon a required setback or the
  875  unobstructed area. To determine if a setback or the unobstructed
  876  area is impacted, the local health department shall review and
  877  verify a floor plan and site plan of the proposed remodeling
  878  addition or modification to the home submitted by a remodeler
  879  which shows the location of the system, including the distance
  880  of the remodeling addition or modification to the home from the
  881  onsite sewage treatment and disposal system. The local health
  882  department may visit the site or otherwise determine the best
  883  means of verifying the information submitted. A verification of
  884  the location of a system is not an inspection or evaluation and
  885  assessment of the system. The review and verification must be
  886  completed within 7 business days after receipt by the local
  887  health department of a floor plan and site plan. If the review
  888  and verification is not completed within such time, the
  889  remodeling addition or modification to the single-family home,
  890  for the purposes of this paragraph, is approved.
  891         Section 5. Section 381.00652, Florida Statutes, is created
  892  to read:
  893         381.00652 Onsite sewage treatment and disposal systems
  894  technical advisory committee.—
  895         (1)An onsite sewage treatment and disposal systems
  896  technical advisory committee, a committee as defined in s.
  897  20.03(8), is created within the department. The committee shall:
  898         (a)Provide recommendations to increase the availability in
  899  the marketplace of nutrient-removing onsite sewage treatment and
  900  disposal systems, including systems that are cost-effective,
  901  low-maintenance, and reliable.
  902         (b)Consider and recommend regulatory options, such as
  903  fast-track approval, prequalification, or expedited permitting,
  904  to facilitate the introduction and use of nutrient-removing
  905  onsite sewage treatment and disposal systems that have been
  906  reviewed and approved by a national agency or organization, such
  907  as the American National Standards Institute 245 systems
  908  approved by the National Sanitation Foundation International.
  909         (c)Provide recommendations for appropriate setback
  910  distances for onsite sewage treatment and disposal systems from
  911  surface water, groundwater, and wells.
  912         (2)The department shall use existing and available
  913  resources to administer and support the activities of the
  914  committee.
  915         (3)(a)By August 1, 2021, the department, in consultation
  916  with the Department of Health, shall appoint no more than nine
  917  members to the committee, including, but not limited to, the
  918  following:
  919         1.A professional engineer.
  920         2.A septic tank contractor.
  921         3.A representative from the home building industry.
  922         4.A representative from the real estate industry.
  923         5.A representative from the onsite sewage treatment and
  924  disposal system industry.
  925         6.A representative from local government.
  926         7.Two representatives from the environmental community.
  927         8.A representative of the scientific and technical
  928  community who has substantial expertise in the areas of the fate
  929  and transport of water pollutants, toxicology, epidemiology,
  930  geology, biology, or environmental sciences.
  931         (b)Members shall serve without compensation and are not
  932  entitled to reimbursement for per diem or travel expenses.
  933         (4)By January 1, 2022, the committee shall submit its
  934  recommendations to the Governor, the President of the Senate,
  935  and the Speaker of the House of Representatives.
  936         (5)This section expires August 15, 2022.
  937         Section 6. Effective July 1, 2021, section 381.0068,
  938  Florida Statutes, is repealed.
  939         Section 7. Present subsections (14) through (44) of section
  940  403.061, Florida Statutes, are redesignated as subsections (15)
  941  through (45), respectively, a new subsection (14) is added to
  942  that section, and subsection (7) of that section is amended, to
  943  read:
  944         403.061 Department; powers and duties.—The department shall
  945  have the power and the duty to control and prohibit pollution of
  946  air and water in accordance with the law and rules adopted and
  947  promulgated by it and, for this purpose, to:
  948         (7) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
  949  implement the provisions of this act. Any rule adopted pursuant
  950  to this act must shall be consistent with the provisions of
  951  federal law, if any, relating to control of emissions from motor
  952  vehicles, effluent limitations, pretreatment requirements, or
  953  standards of performance. A No county, municipality, or
  954  political subdivision may not shall adopt or enforce any local
  955  ordinance, special law, or local regulation requiring the
  956  installation of Stage II vapor recovery systems, as currently
  957  defined by department rule, unless such county, municipality, or
  958  political subdivision is or has been in the past designated by
  959  federal regulation as a moderate, serious, or severe ozone
  960  nonattainment area. Rules adopted pursuant to this act may shall
  961  not require dischargers of waste into waters of the state to
  962  improve natural background conditions. The department shall
  963  adopt rules to reasonably limit, reduce, and eliminate leaks,
  964  seepages, or inputs into the underground pipes of wastewater
  965  collection systems. Discharges from steam electric generating
  966  plants existing or licensed under this chapter on July 1, 1984,
  967  may shall not be required to be treated to a greater extent than
  968  may be necessary to assure that the quality of nonthermal
  969  components of discharges from nonrecirculated cooling water
  970  systems is as high as the quality of the makeup waters; that the
  971  quality of nonthermal components of discharges from recirculated
  972  cooling water systems is no lower than is allowed for blowdown
  973  from such systems; or that the quality of noncooling system
  974  discharges which receive makeup water from a receiving body of
  975  water which does not meet applicable department water quality
  976  standards is as high as the quality of the receiving body of
  977  water. The department may not adopt standards more stringent
  978  than federal regulations, except as provided in s. 403.804.
  979         (14)In order to promote resilient utilities, require
  980  public utilities or their affiliated companies that hold or are
  981  seeking a wastewater discharge permit to file reports and other
  982  data regarding transactions or allocations of common costs among
  983  the utility or entity and such affiliated companies. The
  984  department may require such reports or other data necessary to
  985  ensure a permitted entity is reporting expenditures on pollution
  986  mitigation and prevention, including, but not limited to, the
  987  prevention of sanitary sewer overflows, collection and
  988  transmission system pipe leakages, and inflow and infiltration.
  989  The department shall adopt rules to implement this subsection.
  990  
  991  The department shall implement such programs in conjunction with
  992  its other powers and duties and shall place special emphasis on
  993  reducing and eliminating contamination that presents a threat to
  994  humans, animals or plants, or to the environment.
  995         Section 8. Section 403.0616, Florida Statutes, is created
  996  to read:
  997         403.0616Real-time water quality monitoring program.–
  998         (1) Subject to appropriation, the department shall
  999  establish a real-time water quality monitoring program to assist
 1000  in the restoration, preservation, and enhancement of impaired
 1001  waterbodies and coastal resources.
 1002         (2)In order to expedite the creation and implementation of
 1003  the program, the department is encouraged to form public-private
 1004  partnerships with established scientific entities that have
 1005  proven existing real-time water quality monitoring equipment and
 1006  experience in deploying the equipment.
 1007         Section 9. Subsection (7) of section 403.067, Florida
 1008  Statutes, is amended to read:
 1009         403.067 Establishment and implementation of total maximum
 1010  daily loads.—
 1011         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
 1012  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
 1013         (a) Basin management action plans.—
 1014         1. In developing and implementing the total maximum daily
 1015  load for a water body, the department, or the department in
 1016  conjunction with a water management district, may develop a
 1017  basin management action plan that addresses some or all of the
 1018  watersheds and basins tributary to the water body. Such plan
 1019  must integrate the appropriate management strategies available
 1020  to the state through existing water quality protection programs
 1021  to achieve the total maximum daily loads and may provide for
 1022  phased implementation of these management strategies to promote
 1023  timely, cost-effective actions as provided for in s. 403.151.
 1024  The plan must establish a schedule implementing the management
 1025  strategies, establish a basis for evaluating the plan’s
 1026  effectiveness, and identify feasible funding strategies for
 1027  implementing the plan’s management strategies. The management
 1028  strategies may include regional treatment systems or other
 1029  public works, where appropriate, and voluntary trading of water
 1030  quality credits to achieve the needed pollutant load reductions.
 1031         2. A basin management action plan must equitably allocate,
 1032  pursuant to paragraph (6)(b), pollutant reductions to individual
 1033  basins, as a whole to all basins, or to each identified point
 1034  source or category of nonpoint sources, as appropriate. For
 1035  nonpoint sources for which best management practices have been
 1036  adopted, the initial requirement specified by the plan must be
 1037  those practices developed pursuant to paragraph (c). When Where
 1038  appropriate, the plan may take into account the benefits of
 1039  pollutant load reduction achieved by point or nonpoint sources
 1040  that have implemented management strategies to reduce pollutant
 1041  loads, including best management practices, before the
 1042  development of the basin management action plan. The plan must
 1043  also identify the mechanisms that will address potential future
 1044  increases in pollutant loading.
 1045         3. The basin management action planning process is intended
 1046  to involve the broadest possible range of interested parties,
 1047  with the objective of encouraging the greatest amount of
 1048  cooperation and consensus possible. In developing a basin
 1049  management action plan, the department shall assure that key
 1050  stakeholders, including, but not limited to, applicable local
 1051  governments, water management districts, the Department of
 1052  Agriculture and Consumer Services, other appropriate state
 1053  agencies, local soil and water conservation districts,
 1054  environmental groups, regulated interests, and affected
 1055  pollution sources, are invited to participate in the process.
 1056  The department shall hold at least one public meeting in the
 1057  vicinity of the watershed or basin to discuss and receive
 1058  comments during the planning process and shall otherwise
 1059  encourage public participation to the greatest practicable
 1060  extent. Notice of the public meeting must be published in a
 1061  newspaper of general circulation in each county in which the
 1062  watershed or basin lies at least not less than 5 days, but not
 1063  nor more than 15 days, before the public meeting. A basin
 1064  management action plan does not supplant or otherwise alter any
 1065  assessment made under subsection (3) or subsection (4) or any
 1066  calculation or initial allocation.
 1067         4. Each new or revised basin management action plan shall
 1068  include:
 1069         a. The appropriate management strategies available through
 1070  existing water quality protection programs to achieve total
 1071  maximum daily loads, which may provide for phased implementation
 1072  to promote timely, cost-effective actions as provided for in s.
 1073  403.151;
 1074         b. A description of best management practices adopted by
 1075  rule;
 1076         c. A list of projects in priority ranking with a planning
 1077  level cost estimate and estimated date of completion for each
 1078  listed project;
 1079         d. The source and amount of financial assistance to be made
 1080  available by the department, a water management district, or
 1081  other entity for each listed project, if applicable; and
 1082         e. A planning-level estimate of each listed project’s
 1083  expected load reduction, if applicable.
 1084         5. The department shall adopt all or any part of a basin
 1085  management action plan and any amendment to such plan by
 1086  secretarial order pursuant to chapter 120 to implement the
 1087  provisions of this section.
 1088         6. The basin management action plan must include milestones
 1089  for implementation and water quality improvement, and an
 1090  associated water quality monitoring component sufficient to
 1091  evaluate whether reasonable progress in pollutant load
 1092  reductions is being achieved over time. An assessment of
 1093  progress toward these milestones shall be conducted every 5
 1094  years, and revisions to the plan shall be made as appropriate.
 1095  Revisions to the basin management action plan shall be made by
 1096  the department in cooperation with basin stakeholders. Revisions
 1097  to the management strategies required for nonpoint sources must
 1098  follow the procedures set forth in subparagraph (c)4. Revised
 1099  basin management action plans must be adopted pursuant to
 1100  subparagraph 5.
 1101         7. In accordance with procedures adopted by rule under
 1102  paragraph (9)(c), basin management action plans, and other
 1103  pollution control programs under local, state, or federal
 1104  authority as provided in subsection (4), may allow point or
 1105  nonpoint sources that will achieve greater pollutant reductions
 1106  than required by an adopted total maximum daily load or
 1107  wasteload allocation to generate, register, and trade water
 1108  quality credits for the excess reductions to enable other
 1109  sources to achieve their allocation; however, the generation of
 1110  water quality credits does not remove the obligation of a source
 1111  or activity to meet applicable technology requirements or
 1112  adopted best management practices. Such plans must allow trading
 1113  between NPDES permittees, and trading that may or may not
 1114  involve NPDES permittees, where the generation or use of the
 1115  credits involve an entity or activity not subject to department
 1116  water discharge permits whose owner voluntarily elects to obtain
 1117  department authorization for the generation and sale of credits.
 1118         8. The provisions of The department’s rule relating to the
 1119  equitable abatement of pollutants into surface waters do not
 1120  apply to water bodies or water body segments for which a basin
 1121  management plan that takes into account future new or expanded
 1122  activities or discharges has been adopted under this section.
 1123         9.In order to promote resilient utilities, if the
 1124  department identifies domestic wastewater facilities or onsite
 1125  sewage treatment and disposal systems as contributors of at
 1126  least 20 percent of point source or nonpoint source nutrient
 1127  pollution or if the department determines remediation is
 1128  necessary to achieve the total maximum daily load, a basin
 1129  management action plan for a nutrient total maximum daily load
 1130  must include the following:
 1131         a.A wastewater treatment plan that addresses domestic
 1132  wastewater developed by each local government in cooperation
 1133  with the department, the water management district, and the
 1134  public and private domestic wastewater facilities within the
 1135  jurisdiction of the local government. The wastewater treatment
 1136  plan must:
 1137         (I)Provide for construction, expansion, or upgrades
 1138  necessary to achieve the total maximum daily load requirements
 1139  applicable to the domestic wastewater facility.
 1140         (II)Include the permitted capacity in gallons per day for
 1141  the domestic wastewater facility; the average nutrient
 1142  concentration and the estimated average nutrient load of the
 1143  domestic wastewater; a timeline of the dates by which the
 1144  construction of any facility improvements will begin and be
 1145  completed and the date by which operations of the improved
 1146  facility will begin; the estimated cost of the improvements; and
 1147  the identity of responsible parties.
 1148  
 1149  The wastewater treatment plan must be adopted as part of the
 1150  basin management action plan no later than July 1, 2025. A local
 1151  government that does not have a domestic wastewater treatment
 1152  facility in its jurisdiction is not required to develop a
 1153  wastewater treatment plan unless there is a demonstrated need to
 1154  establish a domestic wastewater treatment facility within its
 1155  jurisdiction to improve water quality necessary to achieve a
 1156  total maximum daily load.
 1157         b.An onsite sewage treatment and disposal system
 1158  remediation plan developed by each local government in
 1159  cooperation with the department, the Department of Health, water
 1160  management districts, and public and private domestic wastewater
 1161  facilities.
 1162         (I)The onsite sewage treatment and disposal system
 1163  remediation plan must identify cost-effective and financially
 1164  feasible projects necessary to achieve the nutrient load
 1165  reductions required for onsite sewage treatment and disposal
 1166  systems. To identify cost-effective and financially feasible
 1167  projects for remediation of onsite sewage treatment and disposal
 1168  systems, the local government shall:
 1169         (A)Include an inventory of onsite sewage treatment and
 1170  disposal systems based on the best information available;
 1171         (B)Identify onsite sewage treatment and disposal systems
 1172  that would be eliminated through connection to existing or
 1173  future central wastewater infrastructure, that would be replaced
 1174  with or upgraded to advanced nutrient-removal systems, or that
 1175  would remain on conventional onsite sewage treatment and
 1176  disposal systems;
 1177         (C)Estimate the costs of potential onsite sewage treatment
 1178  and disposal systems connections, upgrades, or replacements; and
 1179         (D)Identify deadlines and interim milestones for the
 1180  planning, design, and construction of projects.
 1181         (II)The department shall adopt the onsite sewage treatment
 1182  and disposal system remediation plan as part of the basin
 1183  management action plan no later than July 1, 2025, or as
 1184  required for Outstanding Florida Springs under s. 373.807.
 1185         10.When identifying wastewater projects in a basin
 1186  management action plan, the department may not require the
 1187  higher cost option if it achieves the same nutrient load
 1188  reduction as a lower cost option.
 1189         (b) Total maximum daily load implementation.—
 1190         1. The department shall be the lead agency in coordinating
 1191  the implementation of the total maximum daily loads through
 1192  existing water quality protection programs. Application of a
 1193  total maximum daily load by a water management district must be
 1194  consistent with this section and does not require the issuance
 1195  of an order or a separate action pursuant to s. 120.536(1) or s.
 1196  120.54 for the adoption of the calculation and allocation
 1197  previously established by the department. Such programs may
 1198  include, but are not limited to:
 1199         a. Permitting and other existing regulatory programs,
 1200  including water-quality-based effluent limitations;
 1201         b. Nonregulatory and incentive-based programs, including
 1202  best management practices, cost sharing, waste minimization,
 1203  pollution prevention, agreements established pursuant to s.
 1204  403.061(22) s. 403.061(21), and public education;
 1205         c. Other water quality management and restoration
 1206  activities, for example surface water improvement and management
 1207  plans approved by water management districts or basin management
 1208  action plans developed pursuant to this subsection;
 1209         d. Trading of water quality credits or other equitable
 1210  economically based agreements;
 1211         e. Public works including capital facilities; or
 1212         f. Land acquisition.
 1213         2. For a basin management action plan adopted pursuant to
 1214  paragraph (a), any management strategies and pollutant reduction
 1215  requirements associated with a pollutant of concern for which a
 1216  total maximum daily load has been developed, including effluent
 1217  limits set forth for a discharger subject to NPDES permitting,
 1218  if any, must be included in a timely manner in subsequent NPDES
 1219  permits or permit modifications for that discharger. The
 1220  department may not impose limits or conditions implementing an
 1221  adopted total maximum daily load in an NPDES permit until the
 1222  permit expires, the discharge is modified, or the permit is
 1223  reopened pursuant to an adopted basin management action plan.
 1224         a. Absent a detailed allocation, total maximum daily loads
 1225  must be implemented through NPDES permit conditions that provide
 1226  for a compliance schedule. In such instances, a facility’s NPDES
 1227  permit must allow time for the issuance of an order adopting the
 1228  basin management action plan. The time allowed for the issuance
 1229  of an order adopting the plan may not exceed 5 years. Upon
 1230  issuance of an order adopting the plan, the permit must be
 1231  reopened or renewed, as necessary, and permit conditions
 1232  consistent with the plan must be established. Notwithstanding
 1233  the other provisions of this subparagraph, upon request by an
 1234  NPDES permittee, the department as part of a permit issuance,
 1235  renewal, or modification may establish individual allocations
 1236  before the adoption of a basin management action plan.
 1237         b. For holders of NPDES municipal separate storm sewer
 1238  system permits and other stormwater sources, implementation of a
 1239  total maximum daily load or basin management action plan must be
 1240  achieved, to the maximum extent practicable, through the use of
 1241  best management practices or other management measures.
 1242         c. The basin management action plan does not relieve the
 1243  discharger from any requirement to obtain, renew, or modify an
 1244  NPDES permit or to abide by other requirements of the permit.
 1245         d. Management strategies set forth in a basin management
 1246  action plan to be implemented by a discharger subject to
 1247  permitting by the department must be completed pursuant to the
 1248  schedule set forth in the basin management action plan. This
 1249  implementation schedule may extend beyond the 5-year term of an
 1250  NPDES permit.
 1251         e. Management strategies and pollution reduction
 1252  requirements set forth in a basin management action plan for a
 1253  specific pollutant of concern are not subject to challenge under
 1254  chapter 120 at the time they are incorporated, in an identical
 1255  form, into a subsequent NPDES permit or permit modification.
 1256         f. For nonagricultural pollutant sources not subject to
 1257  NPDES permitting but permitted pursuant to other state,
 1258  regional, or local water quality programs, the pollutant
 1259  reduction actions adopted in a basin management action plan must
 1260  be implemented to the maximum extent practicable as part of
 1261  those permitting programs.
 1262         g. A nonpoint source discharger included in a basin
 1263  management action plan must demonstrate compliance with the
 1264  pollutant reductions established under subsection (6) by
 1265  implementing the appropriate best management practices
 1266  established pursuant to paragraph (c) or conducting water
 1267  quality monitoring prescribed by the department or a water
 1268  management district. A nonpoint source discharger may, in
 1269  accordance with department rules, supplement the implementation
 1270  of best management practices with water quality credit trades in
 1271  order to demonstrate compliance with the pollutant reductions
 1272  established under subsection (6).
 1273         h. A nonpoint source discharger included in a basin
 1274  management action plan may be subject to enforcement action by
 1275  the department or a water management district based upon a
 1276  failure to implement the responsibilities set forth in sub
 1277  subparagraph g.
 1278         i. A landowner, discharger, or other responsible person who
 1279  is implementing applicable management strategies specified in an
 1280  adopted basin management action plan may not be required by
 1281  permit, enforcement action, or otherwise to implement additional
 1282  management strategies, including water quality credit trading,
 1283  to reduce pollutant loads to attain the pollutant reductions
 1284  established pursuant to subsection (6) and shall be deemed to be
 1285  in compliance with this section. This subparagraph does not
 1286  limit the authority of the department to amend a basin
 1287  management action plan as specified in subparagraph (a)6.
 1288         (c) Best management practices.—
 1289         1. The department, in cooperation with the water management
 1290  districts and other interested parties, as appropriate, may
 1291  develop suitable interim measures, best management practices, or
 1292  other measures necessary to achieve the level of pollution
 1293  reduction established by the department for nonagricultural
 1294  nonpoint pollutant sources in allocations developed pursuant to
 1295  subsection (6) and this subsection. These practices and measures
 1296  may be adopted by rule by the department and the water
 1297  management districts and, where adopted by rule, shall be
 1298  implemented by those parties responsible for nonagricultural
 1299  nonpoint source pollution.
 1300         2. The Department of Agriculture and Consumer Services may
 1301  develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
 1302  suitable interim measures, best management practices, or other
 1303  measures necessary to achieve the level of pollution reduction
 1304  established by the department for agricultural pollutant sources
 1305  in allocations developed pursuant to subsection (6) and this
 1306  subsection or for programs implemented pursuant to paragraph
 1307  (12)(b). These practices and measures may be implemented by
 1308  those parties responsible for agricultural pollutant sources and
 1309  the department, the water management districts, and the
 1310  Department of Agriculture and Consumer Services shall assist
 1311  with implementation. In the process of developing and adopting
 1312  rules for interim measures, best management practices, or other
 1313  measures, the Department of Agriculture and Consumer Services
 1314  shall consult with the department, the Department of Health, the
 1315  water management districts, representatives from affected
 1316  farming groups, and environmental group representatives. Such
 1317  rules must also incorporate provisions for a notice of intent to
 1318  implement the practices and a system to assure the
 1319  implementation of the practices, including site inspection and
 1320  recordkeeping requirements.
 1321         3. Where interim measures, best management practices, or
 1322  other measures are adopted by rule, the effectiveness of such
 1323  practices in achieving the levels of pollution reduction
 1324  established in allocations developed by the department pursuant
 1325  to subsection (6) and this subsection or in programs implemented
 1326  pursuant to paragraph (12)(b) must be verified at representative
 1327  sites by the department. The department shall use best
 1328  professional judgment in making the initial verification that
 1329  the best management practices are reasonably expected to be
 1330  effective and, where applicable, must notify the appropriate
 1331  water management district or the Department of Agriculture and
 1332  Consumer Services of its initial verification before the
 1333  adoption of a rule proposed pursuant to this paragraph.
 1334  Implementation, in accordance with rules adopted under this
 1335  paragraph, of practices that have been initially verified to be
 1336  effective, or verified to be effective by monitoring at
 1337  representative sites, by the department, shall provide a
 1338  presumption of compliance with state water quality standards and
 1339  release from the provisions of s. 376.307(5) for those
 1340  pollutants addressed by the practices, and the department is not
 1341  authorized to institute proceedings against the owner of the
 1342  source of pollution to recover costs or damages associated with
 1343  the contamination of surface water or groundwater caused by
 1344  those pollutants. Research projects funded by the department, a
 1345  water management district, or the Department of Agriculture and
 1346  Consumer Services to develop or demonstrate interim measures or
 1347  best management practices shall be granted a presumption of
 1348  compliance with state water quality standards and a release from
 1349  the provisions of s. 376.307(5). The presumption of compliance
 1350  and release is limited to the research site and only for those
 1351  pollutants addressed by the interim measures or best management
 1352  practices. Eligibility for the presumption of compliance and
 1353  release is limited to research projects on sites where the owner
 1354  or operator of the research site and the department, a water
 1355  management district, or the Department of Agriculture and
 1356  Consumer Services have entered into a contract or other
 1357  agreement that, at a minimum, specifies the research objectives,
 1358  the cost-share responsibilities of the parties, and a schedule
 1359  that details the beginning and ending dates of the project.
 1360         4. Where water quality problems are demonstrated, despite
 1361  the appropriate implementation, operation, and maintenance of
 1362  best management practices and other measures required by rules
 1363  adopted under this paragraph, the department, a water management
 1364  district, or the Department of Agriculture and Consumer
 1365  Services, in consultation with the department, shall institute a
 1366  reevaluation of the best management practice or other measure.
 1367  Should the reevaluation determine that the best management
 1368  practice or other measure requires modification, the department,
 1369  a water management district, or the Department of Agriculture
 1370  and Consumer Services, as appropriate, shall revise the rule to
 1371  require implementation of the modified practice within a
 1372  reasonable time period as specified in the rule.
 1373         5. The Department of Agriculture and Consumer Services
 1374  shall collect fertilization and nutrient records from each
 1375  agriculture producer enrolled in best management practices that
 1376  address nutrients. These records must include rates of
 1377  application in pounds per acre; application method; fertilizer
 1378  type or source; acres covered; formulation of the applied
 1379  fertilizer, including nitrogen and phosphorus content; location;
 1380  grade; and dates applied. By each March 1, the Department of
 1381  Agriculture and Consumer Services shall provide the previous
 1382  year’s records to the department.
 1383         6. Agricultural records relating to processes or methods of
 1384  production, costs of production, profits, or other financial
 1385  information held by the Department of Agriculture and Consumer
 1386  Services pursuant to subparagraphs 3. and 4. or pursuant to any
 1387  rule adopted pursuant to subparagraph 2. are confidential and
 1388  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1389  Constitution. Upon request, records made confidential and exempt
 1390  pursuant to this subparagraph shall be released to the
 1391  department or any water management district provided that the
 1392  confidentiality specified by this subparagraph for such records
 1393  is maintained.
 1394         7.6.The provisions of Subparagraphs 1. and 2. do not
 1395  preclude the department or water management district from
 1396  requiring compliance with water quality standards or with
 1397  current best management practice requirements set forth in any
 1398  applicable regulatory program authorized by law for the purpose
 1399  of protecting water quality. Additionally, subparagraphs 1. and
 1400  2. are applicable only to the extent that they do not conflict
 1401  with any rules adopted by the department that are necessary to
 1402  maintain a federally delegated or approved program.
 1403         (d) Enforcement and verification of basin management action
 1404  plans and management strategies.—
 1405         1. Basin management action plans are enforceable pursuant
 1406  to this section and ss. 403.121, 403.141, and 403.161.
 1407  Management strategies, including best management practices and
 1408  water quality monitoring, are enforceable under this chapter.
 1409         2. No later than January 1, 2017:
 1410         a. The department, in consultation with the water
 1411  management districts and the Department of Agriculture and
 1412  Consumer Services, shall initiate rulemaking to adopt procedures
 1413  to verify implementation of water quality monitoring required in
 1414  lieu of implementation of best management practices or other
 1415  measures pursuant to sub-subparagraph (b)2.g.;
 1416         b. The department, in consultation with the water
 1417  management districts and the Department of Agriculture and
 1418  Consumer Services, shall initiate rulemaking to adopt procedures
 1419  to verify implementation of nonagricultural interim measures,
 1420  best management practices, or other measures adopted by rule
 1421  pursuant to subparagraph (c)1.; and
 1422         c. The Department of Agriculture and Consumer Services, in
 1423  consultation with the water management districts and the
 1424  department, shall initiate rulemaking to adopt procedures to
 1425  verify implementation of agricultural interim measures, best
 1426  management practices, or other measures adopted by rule pursuant
 1427  to subparagraph(c)2.
 1428  
 1429  The rules required under this subparagraph shall include
 1430  enforcement procedures applicable to the landowner, discharger,
 1431  or other responsible person required to implement applicable
 1432  management strategies, including best management practices or
 1433  water quality monitoring as a result of noncompliance.
 1434         3.At least every 2 years, the Department of Agriculture
 1435  and Consumer Services shall perform onsite inspections of each
 1436  agricultural producer that enrolls in a best management practice
 1437  to ensure that such practice is being properly implemented.
 1438         (e)Data collection and research.—
 1439         1.The Department of Agriculture and Consumer Services, the
 1440  University of Florida Institute of Food and Agricultural
 1441  Sciences, and other state universities and Florida College
 1442  System institutions with agricultural research programs may
 1443  annually develop research plans and legislative budget requests
 1444  to:
 1445         a.Evaluate and suggest enhancements to the existing
 1446  adopted agricultural best management practices to reduce
 1447  nutrients;
 1448         b.Develop new best management practices that, if proven
 1449  effective, the Department of Agriculture and Consumer Services
 1450  may adopt by rule pursuant to paragraph 403.067(7)(c); and
 1451         c.Develop agricultural nutrient reduction projects that
 1452  willing participants could implement on a site-specific,
 1453  cooperative basis, in addition to best management practices. The
 1454  department may consider these projects for inclusion in a basin
 1455  management action plan. These best management practices must
 1456  reduce the nutrient impacts from agricultural operations on
 1457  water quality when evaluated with the projects and management
 1458  strategies currently included in the basin management action
 1459  plan.
 1460         2.To be considered for funding, the University of Florida
 1461  Institute of Food and Agricultural Sciences and other state
 1462  universities and Florida College System institutions that have
 1463  agricultural research programs must submit such plans to the
 1464  department and the Department of Agriculture and Consumer
 1465  Services by August 1 of each year.
 1466         Section 10. Section 403.0673, Florida Statutes, is created
 1467  to read:
 1468         403.0673Wastewater grant program.—A wastewater grant
 1469  program is established within the Department of Environmental
 1470  Protection.
 1471         (1)Subject to the appropriation of funds by the
 1472  Legislature, the department may provide grants for the following
 1473  projects that will individually or collectively reduce excess
 1474  nutrient pollution:
 1475         (a)Projects to retrofit onsite sewage treatment and
 1476  disposal systems to upgrade them to nutrient-reducing onsite
 1477  sewage treatment and disposal systems.
 1478         (b)Projects to construct, upgrade, or expand facilities to
 1479  provide advanced waste treatment, as defined in s. 403.086(4).
 1480         (c)Projects to connect onsite sewage treatment and
 1481  disposal systems to central sewer facilities.
 1482         (2)In allocating such funds, priority must be given to
 1483  projects that subsidize the connection of onsite sewage
 1484  treatment and disposal systems to a wastewater treatment plant.
 1485  In determining priorities, the department shall consider the
 1486  estimated reduction in nutrient load per project; project
 1487  readiness; cost-effectiveness of the project; overall
 1488  environmental benefit of a project; the location of a project;
 1489  the availability of local matching funds; and projected water
 1490  savings or quantity improvements associated with a project.
 1491         (3)Each grant for a project described in subsection (1)
 1492  must require a minimum of a 50 percent local match of funds.
 1493  However, the department may, at its discretion, waive, in whole
 1494  or in part, this consideration of the local contribution for
 1495  proposed projects within an area designated as a rural area of
 1496  opportunity under s. 288.0656.
 1497         (4)The department shall coordinate with each water
 1498  management district, as necessary, to identify grant recipients
 1499  in each district.
 1500         (5)Beginning January 1, 2021, and each January 1
 1501  thereafter, the department shall submit a report regarding the
 1502  projects funded pursuant to this section to the Governor, the
 1503  President of the Senate, and the Speaker of the House of
 1504  Representatives.
 1505         Section 11. Section 403.0855, Florida Statutes, is created
 1506  to read:
 1507         403.0855 Biosolids management.—The Legislature finds that
 1508  it is in the best interest of this state to regulate biosolids
 1509  management in order to minimize the migration of nutrients that
 1510  impair waterbodies. The Legislature further finds that the
 1511  expedited implementation of the recommendations of the Biosolids
 1512  Technical Advisory Committee, including permitting according to
 1513  site-specific application conditions, an increased inspection
 1514  rate, groundwater and surface water monitoring protocols, and
 1515  nutrient management research, will improve biosolids management
 1516  and assist in protecting this state’s water resources and water
 1517  quality. The department shall adopt rules for biosolids
 1518  management. Rules adopted by the department pursuant to this
 1519  section before the 2021 regular legislative session are not
 1520  subject to s. 120.541(3).
 1521         Section 12. Present subsections (7) through (10) of section
 1522  403.086, Florida Statutes, are redesignated as subsections (8)
 1523  through (11), respectively, a new subsection (7) is added to
 1524  that section, and paragraph (c) of subsection (1) and subsection
 1525  (2) of that section are amended, to read:
 1526         403.086 Sewage disposal facilities; advanced and secondary
 1527  waste treatment.—
 1528         (1)
 1529         (c) Notwithstanding any other provisions of this chapter or
 1530  chapter 373, facilities for sanitary sewage disposal may not
 1531  dispose of any wastes into Old Tampa Bay, Tampa Bay,
 1532  Hillsborough Bay, Boca Ciega Bay, St. Joseph Sound, Clearwater
 1533  Bay, Sarasota Bay, Little Sarasota Bay, Roberts Bay, Lemon Bay,
 1534  or Charlotte Harbor Bay, Indian River Lagoon, or into any river,
 1535  stream, channel, canal, bay, bayou, sound, or other water
 1536  tributary thereto, without providing advanced waste treatment,
 1537  as defined in subsection (4), approved by the department. This
 1538  paragraph shall not apply to facilities which were permitted by
 1539  February 1, 1987, and which discharge secondary treated
 1540  effluent, followed by water hyacinth treatment, to tributaries
 1541  of tributaries of the named waters; or to facilities permitted
 1542  to discharge to the nontidally influenced portions of the Peace
 1543  River.
 1544         (2) Any facilities for sanitary sewage disposal shall
 1545  provide for secondary waste treatment, a power outage
 1546  contingency plan that mitigates the impacts of power outages on
 1547  the utility’s collection system and pump stations, and, in
 1548  addition thereto, advanced waste treatment as deemed necessary
 1549  and ordered by the Department of Environmental Protection.
 1550  Failure to conform is shall be punishable by a civil penalty of
 1551  $500 for each 24-hour day or fraction thereof that such failure
 1552  is allowed to continue thereafter.
 1553         (7)All facilities for sanitary sewage under subsection (2)
 1554  which control a collection or transmission system of pipes and
 1555  pumps to collect and transmit wastewater from domestic or
 1556  industrial sources to the facility shall take steps to prevent
 1557  sanitary sewer overflows or underground pipe leaks and ensure
 1558  that collected waste water reaches the facility for appropriate
 1559  treatment. Such facilities must use inflow and infiltration
 1560  studies and leakage surveys to develop pipe assessment, repair,
 1561  and replacement action plans which must be reported to the
 1562  department. Facilities must use inflow and infiltration studies
 1563  and leakage surveys to develop pipe assessment, repair, and
 1564  replacement action plans that comply with department rule to
 1565  limit, reduce, and eliminate leaks, seepages, or inputs into
 1566  wastewater treatment systems’ underground pipes. The pipe
 1567  assessment, repair, and replacement action plans must be
 1568  reported to the department. The facility report must include
 1569  information regarding the annual expenditures dedicated to the
 1570  inflow and infiltration studies and replacement action plans
 1571  required herein, as well as expenditures dedicated to pipe
 1572  assessment, repair, and replacement. The facility report must
 1573  include information regarding the annual expenditures dedicated
 1574  to the inflow and infiltration studies and the required
 1575  replacement action plans, as well as expenditures that are
 1576  dedicated to pipe assessment, repair, and replacement. The
 1577  department shall adopt rules regarding the implementation of
 1578  inflow and infiltration studies and leakage surveys. Substantial
 1579  compliance with this subsection is evidence in mitigation for
 1580  the purposes of assessing penalties pursuant to ss. 403.121 and
 1581  403.141.
 1582         Section 13. Present subsections (4) through (10) of section
 1583  403.087, Florida Statutes, are redesignated as subsections (5)
 1584  through (11), respectively, and a new subsection (4) is added to
 1585  that section, to read:
 1586         403.087 Permits; general issuance; denial; revocation;
 1587  prohibition; penalty.—
 1588         (4) The department shall issue an operation permit for a
 1589  domestic wastewater treatment facility other than a facility
 1590  regulated under the National Pollutant Discharge Elimination
 1591  System Program under s. 403.0885 for a term of up to 10 years if
 1592  the facility is meeting the stated goals in its action plan
 1593  adopted pursuant to s. 403.086(7).
 1594         Section 14. Present subsections (3) and (4) of section
 1595  403.088, Florida Statutes, are redesignated as subsections (4)
 1596  and (5), respectively, a new subsection (3) is added to that
 1597  section, and paragraph (c) of subsection (2) of that section is
 1598  amended, to read:
 1599         403.088 Water pollution operation permits; conditions.—
 1600         (2)
 1601         (c) A permit shall:
 1602         1. Specify the manner, nature, volume, and frequency of the
 1603  discharge permitted;
 1604         2. Require proper operation and maintenance of any
 1605  pollution abatement facility by qualified personnel in
 1606  accordance with standards established by the department;
 1607         3. Require a deliberate, proactive approach to
 1608  investigating or surveying a significant percentage of the
 1609  wastewater collection system throughout the duration of the
 1610  permit to determine pipe integrity, which must be accomplished
 1611  in an economically feasible manner. The permittee shall submit
 1612  an annual report to the department which details facility
 1613  revenues and expenditures in a manner prescribed by department
 1614  rule. The report must detail any deviation from annual
 1615  expenditures related to inflow and infiltration studies; model
 1616  plans for pipe assessment, repair, and replacement; and pipe
 1617  assessment, repair, and replacement required under s.
 1618  403.086(7). Substantial compliance with this subsection is
 1619  evidence in mitigation for the purposes of assessing penalties
 1620  pursuant to ss. 403.121 and 403.141;
 1621         4. Contain such additional conditions, requirements, and
 1622  restrictions as the department deems necessary to preserve and
 1623  protect the quality of the receiving waters;
 1624         5.4. Be valid for the period of time specified therein; and
 1625         6.5. Constitute the state National Pollutant Discharge
 1626  Elimination System permit when issued pursuant to the authority
 1627  in s. 403.0885.
 1628         (3)No later than March 1 of each year, the department
 1629  shall submit a report to the Governor, the President of the
 1630  Senate, and the Speaker of the House of Representatives which
 1631  identifies all wastewater utilities that experienced a sanitary
 1632  sewer overflow in the preceding calendar year. The report must
 1633  identify the utility name, operator, number of overflows, and
 1634  total quantity of discharge released. The department shall
 1635  include with this report the annual report specified under s.
 1636  403.088(2)(c)3. for each utility that experienced an overflow.
 1637         Section 15. Subsection (6) of section 403.0891, Florida
 1638  Statutes, is amended to read:
 1639         403.0891 State, regional, and local stormwater management
 1640  plans and programs.—The department, the water management
 1641  districts, and local governments shall have the responsibility
 1642  for the development of mutually compatible stormwater management
 1643  programs.
 1644         (6) The department and the Department of Economic
 1645  Opportunity, in cooperation with local governments in the
 1646  coastal zone, shall develop a model stormwater management
 1647  program that could be adopted by local governments. The model
 1648  program must contain model ordinances that target nutrient
 1649  reduction practices and use green infrastructure. The model
 1650  program shall contain dedicated funding options, including a
 1651  stormwater utility fee system based upon an equitable unit cost
 1652  approach. Funding options shall be designed to generate capital
 1653  to retrofit existing stormwater management systems, build new
 1654  treatment systems, operate facilities, and maintain and service
 1655  debt.
 1656         Section 16. Paragraph (b) of subsection (3) of section
 1657  403.121, Florida Statutes, is amended to read:
 1658         403.121 Enforcement; procedure; remedies.—The department
 1659  shall have the following judicial and administrative remedies
 1660  available to it for violations of this chapter, as specified in
 1661  s. 403.161(1).
 1662         (3) Except for violations involving hazardous wastes,
 1663  asbestos, or underground injection, administrative penalties
 1664  must be calculated according to the following schedule:
 1665         (b) For failure to obtain a required wastewater permit,
 1666  other than a permit required for surface water discharge, the
 1667  department shall assess a penalty of $1,000. For a domestic or
 1668  industrial wastewater violation not involving a surface water or
 1669  groundwater quality violation, the department shall assess a
 1670  penalty of $2,000 for an unpermitted or unauthorized discharge
 1671  or effluent-limitation exceedance or failure to survey an
 1672  adequate portion of the wastewater collection system and take
 1673  steps to reduce sanitary sewer overflows, pipe leaks, and inflow
 1674  and infiltration. For an unpermitted or unauthorized discharge
 1675  or effluent-limitation exceedance that resulted in a surface
 1676  water or groundwater quality violation, the department shall
 1677  assess a penalty of $5,000.
 1678         Section 17. Subsection (3) is added to section 403.885,
 1679  Florida Statutes, to read:
 1680         403.885 Water Projects Grant Program.—
 1681         (3) The department shall give funding priority to grant
 1682  proposals submitted by a domestic wastewater utility in
 1683  accordance with s. 403.1835 which implement the requirements of
 1684  ss. 403.086(7) or 403.088(2)(c).
 1685         Section 18. The Legislature determines and declares that
 1686  this act fulfills an important state interest.
 1687         Section 19. Effective July 1, 2021, subsection (5) of
 1688  section 153.54, Florida Statutes, is amended to read:
 1689         153.54 Preliminary report by county commissioners with
 1690  respect to creation of proposed district.—Upon receipt of a
 1691  petition duly signed by not less than 25 qualified electors who
 1692  are also freeholders residing within an area proposed to be
 1693  incorporated into a water and sewer district pursuant to this
 1694  law and describing in general terms the proposed boundaries of
 1695  such proposed district, the board of county commissioners if it
 1696  shall deem it necessary and advisable to create and establish
 1697  such proposed district for the purpose of constructing,
 1698  establishing or acquiring a water system or a sewer system or
 1699  both in and for such district (herein called “improvements”),
 1700  shall first cause a preliminary report to be made which such
 1701  report together with any other relevant or pertinent matters,
 1702  shall include at least the following:
 1703         (5) For the construction of a new proposed sewerage system
 1704  or the extension of an existing sewerage system that was not
 1705  previously approved, the report shall include a study that
 1706  includes the available information from the Department of
 1707  Environmental Protection Health on the history of onsite sewage
 1708  treatment and disposal systems currently in use in the area and
 1709  a comparison of the projected costs to the owner of a typical
 1710  lot or parcel of connecting to and using the proposed sewerage
 1711  system versus installing, operating, and properly maintaining an
 1712  onsite sewage treatment and disposal system that is approved by
 1713  the Department of Environmental Protection Health and that
 1714  provides for the comparable level of environmental and health
 1715  protection as the proposed central sewerage system;
 1716  consideration of the local authority’s obligations or reasonably
 1717  anticipated obligations for water body cleanup and protection
 1718  under state or federal programs, including requirements for
 1719  water bodies listed under s. 303(d) of the Clean Water Act, Pub.
 1720  L. No. 92-500, 33 U.S.C. ss. 1251 et seq.; and other factors
 1721  deemed relevant by the local authority.
 1722  
 1723  Such report shall be filed in the office of the clerk of the
 1724  circuit court and shall be open for the inspection of any
 1725  taxpayer, property owner, qualified elector or any other
 1726  interested or affected person.
 1727         Section 20. Effective July 1, 2021, paragraph (c) of
 1728  subsection (2) of section 153.73, Florida Statutes, is amended
 1729  to read:
 1730         153.73 Assessable improvements; levy and payment of special
 1731  assessments.—Any district may provide for the construction or
 1732  reconstruction of assessable improvements as defined in s.
 1733  153.52, and for the levying of special assessments upon
 1734  benefited property for the payment thereof, under the provisions
 1735  of this section.
 1736         (2)
 1737         (c) For the construction of a new proposed central sewerage
 1738  system or the extension of an existing sewerage system that was
 1739  not previously approved, the report shall include a study that
 1740  includes the available information from the Department of
 1741  Environmental Protection Health on the history of onsite sewage
 1742  treatment and disposal systems currently in use in the area and
 1743  a comparison of the projected costs to the owner of a typical
 1744  lot or parcel of connecting to and using the proposed sewerage
 1745  system versus installing, operating, and properly maintaining an
 1746  onsite sewage treatment and disposal system that is approved by
 1747  the Department of Environmental Protection Health and that
 1748  provides for the comparable level of environmental and health
 1749  protection as the proposed central sewerage system;
 1750  consideration of the local authority’s obligations or reasonably
 1751  anticipated obligations for water body cleanup and protection
 1752  under state or federal programs, including requirements for
 1753  water bodies listed under s. 303(d) of the Clean Water Act, Pub.
 1754  L. No. 92-500, 33 U.S.C. ss. 1251 et seq.; and other factors
 1755  deemed relevant by the local authority.
 1756         Section 21. Effective July 1, 2021, subsection (2) of
 1757  section 163.3180, Florida Statutes, is amended to read:
 1758         163.3180 Concurrency.—
 1759         (2) Consistent with public health and safety, sanitary
 1760  sewer, solid waste, drainage, adequate water supplies, and
 1761  potable water facilities shall be in place and available to
 1762  serve new development no later than the issuance by the local
 1763  government of a certificate of occupancy or its functional
 1764  equivalent. Prior to approval of a building permit or its
 1765  functional equivalent, the local government shall consult with
 1766  the applicable water supplier to determine whether adequate
 1767  water supplies to serve the new development will be available no
 1768  later than the anticipated date of issuance by the local
 1769  government of a certificate of occupancy or its functional
 1770  equivalent. A local government may meet the concurrency
 1771  requirement for sanitary sewer through the use of onsite sewage
 1772  treatment and disposal systems approved by the Department of
 1773  Environmental Protection Health to serve new development.
 1774         Section 22. Effective July 1, 2021, subsection (3) of
 1775  section 180.03, Florida Statutes, is amended to read:
 1776         180.03 Resolution or ordinance proposing construction or
 1777  extension of utility; objections to same.—
 1778         (3) For the construction of a new proposed central sewerage
 1779  system or the extension of an existing central sewerage system
 1780  that was not previously approved, the report shall include a
 1781  study that includes the available information from the
 1782  Department of Environmental Protection Health on the history of
 1783  onsite sewage treatment and disposal systems currently in use in
 1784  the area and a comparison of the projected costs to the owner of
 1785  a typical lot or parcel of connecting to and using the proposed
 1786  central sewerage system versus installing, operating, and
 1787  properly maintaining an onsite sewage treatment and disposal
 1788  system that is approved by the Department of Environmental
 1789  Protection Health and that provides for the comparable level of
 1790  environmental and health protection as the proposed central
 1791  sewerage system; consideration of the local authority’s
 1792  obligations or reasonably anticipated obligations for water body
 1793  cleanup and protection under state or federal programs,
 1794  including requirements for water bodies listed under s. 303(d)
 1795  of the Clean Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251
 1796  et seq.; and other factors deemed relevant by the local
 1797  authority. The results of such a study shall be included in the
 1798  resolution or ordinance required under subsection (1).
 1799         Section 23. Subsections (2), (3), and (6) of section
 1800  311.105, Florida Statutes, are amended to read:
 1801         311.105 Florida Seaport Environmental Management Committee;
 1802  permitting; mitigation.—
 1803         (2) Each application for a permit authorized pursuant to s.
 1804  403.061(38) s. 403.061(37) must include:
 1805         (a) A description of maintenance dredging activities to be
 1806  conducted and proposed methods of dredged-material management.
 1807         (b) A characterization of the materials to be dredged and
 1808  the materials within dredged-material management sites.
 1809         (c) A description of dredged-material management sites and
 1810  plans.
 1811         (d) A description of measures to be undertaken, including
 1812  environmental compliance monitoring, to minimize adverse
 1813  environmental effects of maintenance dredging and dredged
 1814  material management.
 1815         (e) Such scheduling information as is required to
 1816  facilitate state supplementary funding of federal maintenance
 1817  dredging and dredged-material management programs consistent
 1818  with beach restoration criteria of the Department of
 1819  Environmental Protection.
 1820         (3) Each application for a permit authorized pursuant to s.
 1821  403.061(39) s. 403.061(38) must include the provisions of
 1822  paragraphs (2)(b)-(e) and the following:
 1823         (a) A description of dredging and dredged-material
 1824  management and other related activities associated with port
 1825  development, including the expansion of navigation channels,
 1826  dredged-material management sites, port harbors, turning basins,
 1827  harbor berths, and associated facilities.
 1828         (b) A discussion of environmental mitigation as is proposed
 1829  for dredging and dredged-material management for port
 1830  development, including the expansion of navigation channels,
 1831  dredged-material management sites, port harbors, turning basins,
 1832  harbor berths, and associated facilities.
 1833         (6) Dredged-material management activities authorized
 1834  pursuant to s. 403.061(38) s. 403.061(37) or s. 403.061(39) (38)
 1835  shall be incorporated into port master plans developed pursuant
 1836  to s. 163.3178(2)(k).
 1837         Section 24. Paragraph (d) of subsection (1) of section
 1838  327.46, Florida Statutes, is amended to read:
 1839         327.46 Boating-restricted areas.—
 1840         (1) Boating-restricted areas, including, but not limited
 1841  to, restrictions of vessel speeds and vessel traffic, may be
 1842  established on the waters of this state for any purpose
 1843  necessary to protect the safety of the public if such
 1844  restrictions are necessary based on boating accidents,
 1845  visibility, hazardous currents or water levels, vessel traffic
 1846  congestion, or other navigational hazards or to protect
 1847  seagrasses on privately owned submerged lands.
 1848         (d) Owners of private submerged lands that are adjacent to
 1849  Outstanding Florida Waters, as defined in s. 403.061(28) s.
 1850  403.061(27), or an aquatic preserve established under ss.
 1851  258.39-258.399 may request that the commission establish
 1852  boating-restricted areas solely to protect any seagrass and
 1853  contiguous seagrass habitat within their private property
 1854  boundaries from seagrass scarring due to propeller dredging.
 1855  Owners making a request pursuant to this paragraph must
 1856  demonstrate to the commission clear ownership of the submerged
 1857  lands. The commission shall adopt rules to implement this
 1858  paragraph, including, but not limited to, establishing an
 1859  application process and criteria for meeting the requirements of
 1860  this paragraph. Each approved boating-restricted area shall be
 1861  established by commission rule. For marking boating-restricted
 1862  zones established pursuant to this paragraph, owners of
 1863  privately submerged lands shall apply to the commission for a
 1864  uniform waterway marker permit in accordance with ss. 327.40 and
 1865  327.41, and shall be responsible for marking the boating
 1866  restricted zone in accordance with the terms of the permit.
 1867         Section 25. Paragraph (d) of subsection (3) of section
 1868  373.250, Florida Statutes, is amended to read:
 1869         373.250 Reuse of reclaimed water.—
 1870         (3)
 1871         (d) The South Florida Water Management District shall
 1872  require the use of reclaimed water made available by the
 1873  elimination of wastewater ocean outfall discharges as provided
 1874  for in s. 403.086(10) s. 403.086(9) in lieu of surface water or
 1875  groundwater when the use of reclaimed water is available; is
 1876  environmentally, economically, and technically feasible; and is
 1877  of such quality and reliability as is necessary to the user.
 1878  Such reclaimed water may also be required in lieu of other
 1879  alternative sources. In determining whether to require such
 1880  reclaimed water in lieu of other alternative sources, the water
 1881  management district shall consider existing infrastructure
 1882  investments in place or obligated to be constructed by an
 1883  executed contract or similar binding agreement as of July 1,
 1884  2011, for the development of other alternative sources.
 1885         Section 26. Subsection (9) of section 373.414, Florida
 1886  Statutes, is amended to read:
 1887         373.414 Additional criteria for activities in surface
 1888  waters and wetlands.—
 1889         (9) The department and the governing boards, on or before
 1890  July 1, 1994, shall adopt rules to incorporate the provisions of
 1891  this section, relying primarily on the existing rules of the
 1892  department and the water management districts, into the rules
 1893  governing the management and storage of surface waters. Such
 1894  rules shall seek to achieve a statewide, coordinated and
 1895  consistent permitting approach to activities regulated under
 1896  this part. Variations in permitting criteria in the rules of
 1897  individual water management districts or the department shall
 1898  only be provided to address differing physical or natural
 1899  characteristics. Such rules adopted pursuant to this subsection
 1900  shall include the special criteria adopted pursuant to s.
 1901  403.061(30) s. 403.061(29) and may include the special criteria
 1902  adopted pursuant to s. 403.061(35) s. 403.061(34). Such rules
 1903  shall include a provision requiring that a notice of intent to
 1904  deny or a permit denial based upon this section shall contain an
 1905  explanation of the reasons for such denial and an explanation,
 1906  in general terms, of what changes, if any, are necessary to
 1907  address such reasons for denial. Such rules may establish
 1908  exemptions and general permits, if such exemptions and general
 1909  permits do not allow significant adverse impacts to occur
 1910  individually or cumulatively. Such rules may require submission
 1911  of proof of financial responsibility which may include the
 1912  posting of a bond or other form of surety prior to the
 1913  commencement of construction to provide reasonable assurance
 1914  that any activity permitted pursuant to this section, including
 1915  any mitigation for such permitted activity, will be completed in
 1916  accordance with the terms and conditions of the permit once the
 1917  construction is commenced. Until rules adopted pursuant to this
 1918  subsection become effective, existing rules adopted under this
 1919  part and rules adopted pursuant to the authority of ss. 403.91
 1920  403.929 shall be deemed authorized under this part and shall
 1921  remain in full force and effect. Neither the department nor the
 1922  governing boards are limited or prohibited from amending any
 1923  such rules.
 1924         Section 27. Paragraph (b) of subsection (4) of section
 1925  373.705, Florida Statutes, is amended to read:
 1926         373.705 Water resource development; water supply
 1927  development.—
 1928         (4)
 1929         (b) Water supply development projects that meet the
 1930  criteria in paragraph (a) and that meet one or more of the
 1931  following additional criteria shall be given first consideration
 1932  for state or water management district funding assistance:
 1933         1. The project brings about replacement of existing sources
 1934  in order to help implement a minimum flow or minimum water
 1935  level;
 1936         2. The project implements reuse that assists in the
 1937  elimination of domestic wastewater ocean outfalls as provided in
 1938  s. 403.086(10) s. 403.086(9); or
 1939         3. The project reduces or eliminates the adverse effects of
 1940  competition between legal users and the natural system.
 1941         Section 28. Paragraph (f) of subsection (8) of section
 1942  373.707, Florida Statutes, is amended to read:
 1943         373.707 Alternative water supply development.—
 1944         (8)
 1945         (f) The governing boards shall determine those projects
 1946  that will be selected for financial assistance. The governing
 1947  boards may establish factors to determine project funding;
 1948  however, significant weight shall be given to the following
 1949  factors:
 1950         1. Whether the project provides substantial environmental
 1951  benefits by preventing or limiting adverse water resource
 1952  impacts.
 1953         2. Whether the project reduces competition for water
 1954  supplies.
 1955         3. Whether the project brings about replacement of
 1956  traditional sources in order to help implement a minimum flow or
 1957  level or a reservation.
 1958         4. Whether the project will be implemented by a consumptive
 1959  use permittee that has achieved the targets contained in a goal
 1960  based water conservation program approved pursuant to s.
 1961  373.227.
 1962         5. The quantity of water supplied by the project as
 1963  compared to its cost.
 1964         6. Projects in which the construction and delivery to end
 1965  users of reuse water is a major component.
 1966         7. Whether the project will be implemented by a
 1967  multijurisdictional water supply entity or regional water supply
 1968  authority.
 1969         8. Whether the project implements reuse that assists in the
 1970  elimination of domestic wastewater ocean outfalls as provided in
 1971  s. 403.086(10) s. 403.086(9).
 1972         9. Whether the county or municipality, or the multiple
 1973  counties or municipalities, in which the project is located has
 1974  implemented a high-water recharge protection tax assessment
 1975  program as provided in s. 193.625.
 1976         Section 29. Subsection (4) of section 373.709, Florida
 1977  Statutes, is amended to read:
 1978         373.709 Regional water supply planning.—
 1979         (4) The South Florida Water Management District shall
 1980  include in its regional water supply plan water resource and
 1981  water supply development projects that promote the elimination
 1982  of wastewater ocean outfalls as provided in s. 403.086(10) s.
 1983  403.086(9).
 1984         Section 30. Paragraph (k) of subsection (1) of section
 1985  376.307, Florida Statutes, is amended to read:
 1986         376.307 Water Quality Assurance Trust Fund.—
 1987         (1) The Water Quality Assurance Trust Fund is intended to
 1988  serve as a broad-based fund for use in responding to incidents
 1989  of contamination that pose a serious danger to the quality of
 1990  groundwater and surface water resources or otherwise pose a
 1991  serious danger to the public health, safety, or welfare. Moneys
 1992  in this fund may be used:
 1993         (k) For funding activities described in s. 403.086(10) s.
 1994  403.086(9) which are authorized for implementation under the
 1995  Leah Schad Memorial Ocean Outfall Program.
 1996         Section 31. Paragraph (i) of subsection (2), paragraph (b)
 1997  of subsection (4), paragraph (j) of subsection (7), and
 1998  paragraph (a) of subsection (9) of section 380.0552, Florida
 1999  Statutes, are amended to read:
 2000         380.0552 Florida Keys Area; protection and designation as
 2001  area of critical state concern.—
 2002         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
 2003  to:
 2004         (i) Protect and improve the nearshore water quality of the
 2005  Florida Keys through federal, state, and local funding of water
 2006  quality improvement projects, including the construction and
 2007  operation of wastewater management facilities that meet the
 2008  requirements of ss. 381.0065(4)(l) and 403.086(11) 403.086(10),
 2009  as applicable.
 2010         (4) REMOVAL OF DESIGNATION.—
 2011         (b) Beginning November 30, 2010, the state land planning
 2012  agency shall annually submit a written report to the
 2013  Administration Commission describing the progress of the Florida
 2014  Keys Area toward completing the work program tasks specified in
 2015  commission rules. The land planning agency shall recommend
 2016  removing the Florida Keys Area from being designated as an area
 2017  of critical state concern to the commission if it determines
 2018  that:
 2019         1. All of the work program tasks have been completed,
 2020  including construction of, operation of, and connection to
 2021  central wastewater management facilities pursuant to s.
 2022  403.086(11) s. 403.086(10) and upgrade of onsite sewage
 2023  treatment and disposal systems pursuant to s. 381.0065(4)(l);
 2024         2. All local comprehensive plans and land development
 2025  regulations and the administration of such plans and regulations
 2026  are adequate to protect the Florida Keys Area, fulfill the
 2027  legislative intent specified in subsection (2), and are
 2028  consistent with and further the principles guiding development;
 2029  and
 2030         3. A local government has adopted a resolution at a public
 2031  hearing recommending the removal of the designation.
 2032         (7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional,
 2033  and local agencies and units of government in the Florida Keys
 2034  Area shall coordinate their plans and conduct their programs and
 2035  regulatory activities consistent with the principles for guiding
 2036  development as specified in chapter 27F-8, Florida
 2037  Administrative Code, as amended effective August 23, 1984, which
 2038  is adopted and incorporated herein by reference. For the
 2039  purposes of reviewing the consistency of the adopted plan, or
 2040  any amendments to that plan, with the principles for guiding
 2041  development, and any amendments to the principles, the
 2042  principles shall be construed as a whole and specific provisions
 2043  may not be construed or applied in isolation from the other
 2044  provisions. However, the principles for guiding development are
 2045  repealed 18 months from July 1, 1986. After repeal, any plan
 2046  amendments must be consistent with the following principles:
 2047         (j) Ensuring the improvement of nearshore water quality by
 2048  requiring the construction and operation of wastewater
 2049  management facilities that meet the requirements of ss.
 2050  381.0065(4)(l) and s. 403.086(11) 403.086(10), as applicable,
 2051  and by directing growth to areas served by central wastewater
 2052  treatment facilities through permit allocation systems.
 2053         (9) MODIFICATION TO PLANS AND REGULATIONS.—
 2054         (a) Any land development regulation or element of a local
 2055  comprehensive plan in the Florida Keys Area may be enacted,
 2056  amended, or rescinded by a local government, but the enactment,
 2057  amendment, or rescission becomes effective only upon approval by
 2058  the state land planning agency. The state land planning agency
 2059  shall review the proposed change to determine if it is in
 2060  compliance with the principles for guiding development specified
 2061  in chapter 27F-8, Florida Administrative Code, as amended
 2062  effective August 23, 1984, and must approve or reject the
 2063  requested changes within 60 days after receipt. Amendments to
 2064  local comprehensive plans in the Florida Keys Area must also be
 2065  reviewed for compliance with the following:
 2066         1. Construction schedules and detailed capital financing
 2067  plans for wastewater management improvements in the annually
 2068  adopted capital improvements element, and standards for the
 2069  construction of wastewater treatment and disposal facilities or
 2070  collection systems that meet or exceed the criteria in s.
 2071  403.086(11) s. 403.086(10) for wastewater treatment and disposal
 2072  facilities or s. 381.0065(4)(l) for onsite sewage treatment and
 2073  disposal systems.
 2074         2. Goals, objectives, and policies to protect public safety
 2075  and welfare in the event of a natural disaster by maintaining a
 2076  hurricane evacuation clearance time for permanent residents of
 2077  no more than 24 hours. The hurricane evacuation clearance time
 2078  shall be determined by a hurricane evacuation study conducted in
 2079  accordance with a professionally accepted methodology and
 2080  approved by the state land planning agency.
 2081         Section 32. Effective July 1, 2021, subsections (7) and
 2082  (18) of section 381.006, Florida Statutes, are amended to read:
 2083         381.006 Environmental health.—The department shall conduct
 2084  an environmental health program as part of fulfilling the
 2085  state’s public health mission. The purpose of this program is to
 2086  detect and prevent disease caused by natural and manmade factors
 2087  in the environment. The environmental health program shall
 2088  include, but not be limited to:
 2089         (7) An onsite sewage treatment and disposal function.
 2090         (17)(18) A food service inspection function for domestic
 2091  violence centers that are certified by the Department of
 2092  Children and Families and monitored by the Florida Coalition
 2093  Against Domestic Violence under part XII of chapter 39 and group
 2094  care homes as described in subsection (15) (16), which shall be
 2095  conducted annually and be limited to the requirements in
 2096  department rule applicable to community-based residential
 2097  facilities with five or fewer residents.
 2098  
 2099  The department may adopt rules to carry out the provisions of
 2100  this section.
 2101         Section 33. Effective July 1, 2021, subsection (1) of
 2102  section 381.0061, Florida Statutes, is amended to read:
 2103         381.0061 Administrative fines.—
 2104         (1) In addition to any administrative action authorized by
 2105  chapter 120 or by other law, the department may impose a fine,
 2106  which may shall not exceed $500 for each violation, for a
 2107  violation of s. 381.006(15) s. 381.006(16), s. 381.0065, s.
 2108  381.0066, s. 381.0072, or part III of chapter 489, for a
 2109  violation of any rule adopted under this chapter, or for a
 2110  violation of any of the provisions of chapter 386. Notice of
 2111  intent to impose such fine shall be given by the department to
 2112  the alleged violator. Each day that a violation continues may
 2113  constitute a separate violation.
 2114         Section 34. Effective July 1, 2021, subsection (1) of
 2115  section 381.0064, Florida Statutes, is amended to read:
 2116         381.0064 Continuing education courses for persons
 2117  installing or servicing septic tanks.—
 2118         (1) The Department of Environmental Protection Health shall
 2119  establish a program for continuing education which meets the
 2120  purposes of ss. 381.0101 and 489.554 regarding the public health
 2121  and environmental effects of onsite sewage treatment and
 2122  disposal systems and any other matters the department determines
 2123  desirable for the safe installation and use of onsite sewage
 2124  treatment and disposal systems. The department may charge a fee
 2125  to cover the cost of such program.
 2126         Section 35. Effective July 1, 2021, paragraph (d) of
 2127  subsection (7), subsection (8), and paragraphs (b), (c), and (d)
 2128  of subsection (9) of section 381.00651, Florida Statutes, are
 2129  amended to read:
 2130         381.00651 Periodic evaluation and assessment of onsite
 2131  sewage treatment and disposal systems.—
 2132         (7) The following procedures shall be used for conducting
 2133  evaluations:
 2134         (d) Assessment procedure.—All evaluation procedures used by
 2135  a qualified contractor shall be documented in the environmental
 2136  health database of the Department of Environmental Protection
 2137  Health. The qualified contractor shall provide a copy of a
 2138  written, signed evaluation report to the property owner upon
 2139  completion of the evaluation and to the county health department
 2140  within 30 days after the evaluation. The report must shall
 2141  contain the name and license number of the company providing the
 2142  report. A copy of the evaluation report shall be retained by the
 2143  local county health department for a minimum of 5 years and
 2144  until a subsequent inspection report is filed. The front cover
 2145  of the report must identify any system failure and include a
 2146  clear and conspicuous notice to the owner that the owner has a
 2147  right to have any remediation of the failure performed by a
 2148  qualified contractor other than the contractor performing the
 2149  evaluation. The report must further identify any crack, leak,
 2150  improper fit, or other defect in the tank, manhole, or lid, and
 2151  any other damaged or missing component; any sewage or effluent
 2152  visible on the ground or discharging to a ditch or other surface
 2153  water body; any downspout, stormwater, or other source of water
 2154  directed onto or toward the system; and any other maintenance
 2155  need or condition of the system at the time of the evaluation
 2156  which, in the opinion of the qualified contractor, would
 2157  possibly interfere with or restrict any future repair or
 2158  modification to the existing system. The report shall conclude
 2159  with an overall assessment of the fundamental operational
 2160  condition of the system.
 2161         (8) The county health department, in coordination with the
 2162  department, shall administer any evaluation program on behalf of
 2163  a county, or a municipality within the county, that has adopted
 2164  an evaluation program pursuant to this section. In order to
 2165  administer the evaluation program, the county or municipality,
 2166  in consultation with the county health department, may develop a
 2167  reasonable fee schedule to be used solely to pay for the costs
 2168  of administering the evaluation program. Such a fee schedule
 2169  shall be identified in the ordinance that adopts the evaluation
 2170  program. When arriving at a reasonable fee schedule, the
 2171  estimated annual revenues to be derived from fees may not exceed
 2172  reasonable estimated annual costs of the program. Fees shall be
 2173  assessed to the system owner during an inspection and separately
 2174  identified on the invoice of the qualified contractor. Fees
 2175  shall be remitted by the qualified contractor to the county
 2176  health department. The county health department’s administrative
 2177  responsibilities include the following:
 2178         (a) Providing a notice to the system owner at least 60 days
 2179  before the system is due for an evaluation. The notice may
 2180  include information on the proper maintenance of onsite sewage
 2181  treatment and disposal systems.
 2182         (b) In consultation with the department of Health,
 2183  providing uniform disciplinary procedures and penalties for
 2184  qualified contractors who do not comply with the requirements of
 2185  the adopted ordinance, including, but not limited to, failure to
 2186  provide the evaluation report as required in this subsection to
 2187  the system owner and the county health department. Only the
 2188  county health department may assess penalties against system
 2189  owners for failure to comply with the adopted ordinance,
 2190  consistent with existing requirements of law.
 2191         (9)
 2192         (b) Upon receipt of the notice under paragraph (a), the
 2193  department of Environmental Protection shall, within existing
 2194  resources, notify the county or municipality of the potential
 2195  use of, and access to, program funds under the Clean Water State
 2196  Revolving Fund or s. 319 of the Clean Water Act, provide
 2197  guidance in the application process to receive such moneys, and
 2198  provide advice and technical assistance to the county or
 2199  municipality on how to establish a low-interest revolving loan
 2200  program or how to model a revolving loan program after the low
 2201  interest loan program of the Clean Water State Revolving Fund.
 2202  This paragraph does not obligate the department of Environmental
 2203  Protection to provide any county or municipality with money to
 2204  fund such programs.
 2205         (c) The department of Health may not adopt any rule that
 2206  alters the provisions of this section.
 2207         (d) The department of Health must allow county health
 2208  departments and qualified contractors access to the
 2209  environmental health database to track relevant information and
 2210  assimilate data from assessment and evaluation reports of the
 2211  overall condition of onsite sewage treatment and disposal
 2212  systems. The environmental health database must be used by
 2213  contractors to report each service and evaluation event and by a
 2214  county health department to notify owners of onsite sewage
 2215  treatment and disposal systems when evaluations are due. Data
 2216  and information must be recorded and updated as service and
 2217  evaluations are conducted and reported.
 2218         Section 36. Section 403.08601, Florida Statutes, is amended
 2219  to read:
 2220         403.08601 Leah Schad Memorial Ocean Outfall Program.—The
 2221  Legislature declares that as funds become available the state
 2222  may assist the local governments and agencies responsible for
 2223  implementing the Leah Schad Memorial Ocean Outfall Program
 2224  pursuant to s. 403.086(10) s. 403.086(9). Funds received from
 2225  other sources provided for in law, the General Appropriations
 2226  Act, from gifts designated for implementation of the plan from
 2227  individuals, corporations, or other entities, or federal funds
 2228  appropriated by Congress for implementation of the plan, may be
 2229  deposited into an account of the Water Quality Assurance Trust
 2230  Fund.
 2231         Section 37. Section 403.0871, Florida Statutes, is amended
 2232  to read:
 2233         403.0871 Florida Permit Fee Trust Fund.—There is
 2234  established within the department a nonlapsing trust fund to be
 2235  known as the “Florida Permit Fee Trust Fund.” All funds received
 2236  from applicants for permits pursuant to ss. 161.041, 161.053,
 2237  161.0535, 403.087(7) 403.087(6), and 403.861(7)(a) shall be
 2238  deposited in the Florida Permit Fee Trust Fund and shall be used
 2239  by the department with the advice and consent of the Legislature
 2240  to supplement appropriations and other funds received by the
 2241  department for the administration of its responsibilities under
 2242  this chapter and chapter 161. In no case shall funds from the
 2243  Florida Permit Fee Trust Fund be used for salary increases
 2244  without the approval of the Legislature.
 2245         Section 38. Paragraph (a) of subsection (11) of section
 2246  403.0872, Florida Statutes, is amended to read:
 2247         403.0872 Operation permits for major sources of air
 2248  pollution; annual operation license fee.—Provided that program
 2249  approval pursuant to 42 U.S.C. s. 7661a has been received from
 2250  the United States Environmental Protection Agency, beginning
 2251  January 2, 1995, each major source of air pollution, including
 2252  electrical power plants certified under s. 403.511, must obtain
 2253  from the department an operation permit for a major source of
 2254  air pollution under this section. This operation permit is the
 2255  only department operation permit for a major source of air
 2256  pollution required for such source; provided, at the applicant’s
 2257  request, the department shall issue a separate acid rain permit
 2258  for a major source of air pollution that is an affected source
 2259  within the meaning of 42 U.S.C. s. 7651a(1). Operation permits
 2260  for major sources of air pollution, except general permits
 2261  issued pursuant to s. 403.814, must be issued in accordance with
 2262  the procedures contained in this section and in accordance with
 2263  chapter 120; however, to the extent that chapter 120 is
 2264  inconsistent with the provisions of this section, the procedures
 2265  contained in this section prevail.
 2266         (11) Each major source of air pollution permitted to
 2267  operate in this state must pay between January 15 and April 1 of
 2268  each year, upon written notice from the department, an annual
 2269  operation license fee in an amount determined by department
 2270  rule. The annual operation license fee shall be terminated
 2271  immediately in the event the United States Environmental
 2272  Protection Agency imposes annual fees solely to implement and
 2273  administer the major source air-operation permit program in
 2274  Florida under 40 C.F.R. s. 70.10(d).
 2275         (a) The annual fee must be assessed based upon the source’s
 2276  previous year’s emissions and must be calculated by multiplying
 2277  the applicable annual operation license fee factor times the
 2278  tons of each regulated air pollutant actually emitted, as
 2279  calculated in accordance with the department’s emissions
 2280  computation and reporting rules. The annual fee shall only apply
 2281  to those regulated pollutants, except carbon monoxide and
 2282  greenhouse gases, for which an allowable numeric emission
 2283  limiting standard is specified in the source’s most recent
 2284  construction or operation permit; provided, however, that:
 2285         1. The license fee factor is $25 or another amount
 2286  determined by department rule which ensures that the revenue
 2287  provided by each year’s operation license fees is sufficient to
 2288  cover all reasonable direct and indirect costs of the major
 2289  stationary source air-operation permit program established by
 2290  this section. The license fee factor may be increased beyond $25
 2291  only if the secretary of the department affirmatively finds that
 2292  a shortage of revenue for support of the major stationary source
 2293  air-operation permit program will occur in the absence of a fee
 2294  factor adjustment. The annual license fee factor may never
 2295  exceed $35.
 2296         2. The amount of each regulated air pollutant in excess of
 2297  4,000 tons per year emitted by any source, or group of sources
 2298  belonging to the same Major Group as described in the Standard
 2299  Industrial Classification Manual, 1987, may not be included in
 2300  the calculation of the fee. Any source, or group of sources,
 2301  which does not emit any regulated air pollutant in excess of
 2302  4,000 tons per year, is allowed a one-time credit not to exceed
 2303  25 percent of the first annual licensing fee for the prorated
 2304  portion of existing air-operation permit application fees
 2305  remaining upon commencement of the annual licensing fees.
 2306         3. If the department has not received the fee by March 1 of
 2307  the calendar year, the permittee must be sent a written warning
 2308  of the consequences for failing to pay the fee by April 1. If
 2309  the fee is not postmarked by April 1 of the calendar year, the
 2310  department shall impose, in addition to the fee, a penalty of 50
 2311  percent of the amount of the fee, plus interest on such amount
 2312  computed in accordance with s. 220.807. The department may not
 2313  impose such penalty or interest on any amount underpaid,
 2314  provided that the permittee has timely remitted payment of at
 2315  least 90 percent of the amount determined to be due and remits
 2316  full payment within 60 days after receipt of notice of the
 2317  amount underpaid. The department may waive the collection of
 2318  underpayment and may shall not be required to refund overpayment
 2319  of the fee, if the amount due is less than 1 percent of the fee,
 2320  up to $50. The department may revoke any major air pollution
 2321  source operation permit if it finds that the permitholder has
 2322  failed to timely pay any required annual operation license fee,
 2323  penalty, or interest.
 2324         4. Notwithstanding the computational provisions of this
 2325  subsection, the annual operation license fee for any source
 2326  subject to this section may shall not be less than $250, except
 2327  that the annual operation license fee for sources permitted
 2328  solely through general permits issued under s. 403.814 may shall
 2329  not exceed $50 per year.
 2330         5. Notwithstanding s. 403.087(7)(a)5.a., which authorizes
 2331  the provisions of s. 403.087(6)(a)5.a., authorizing air
 2332  pollution construction permit fees, the department may not
 2333  require such fees for changes or additions to a major source of
 2334  air pollution permitted pursuant to this section, unless the
 2335  activity triggers permitting requirements under Title I, Part C
 2336  or Part D, of the federal Clean Air Act, 42 U.S.C. ss. 7470
 2337  7514a. Costs to issue and administer such permits shall be
 2338  considered direct and indirect costs of the major stationary
 2339  source air-operation permit program under s. 403.0873. The
 2340  department shall, however, require fees pursuant to s.
 2341  403.087(7)(a)5.a. the provisions of s. 403.087(6)(a)5.a. for the
 2342  construction of a new major source of air pollution that will be
 2343  subject to the permitting requirements of this section once
 2344  constructed and for activities triggering permitting
 2345  requirements under Title I, Part C or Part D, of the federal
 2346  Clean Air Act, 42 U.S.C. ss. 7470-7514a.
 2347         Section 39. Subsection (7) of section 403.1835, Florida
 2348  Statutes, is amended to read:
 2349         403.1835 Water pollution control financial assistance.—
 2350         (7) Eligible projects must be given priority according to
 2351  the extent each project is intended to remove, mitigate, or
 2352  prevent adverse effects on surface or ground water quality and
 2353  public health. The relative costs of achieving environmental and
 2354  public health benefits must be taken into consideration during
 2355  the department’s assignment of project priorities. The
 2356  department shall adopt a priority system by rule. In developing
 2357  the priority system, the department shall give priority to
 2358  projects that:
 2359         (a) Eliminate public health hazards;
 2360         (b) Enable compliance with laws requiring the elimination
 2361  of discharges to specific water bodies, including the
 2362  requirements of s. 403.086(10) s. 403.086(9) regarding domestic
 2363  wastewater ocean outfalls;
 2364         (c) Assist in the implementation of total maximum daily
 2365  loads adopted under s. 403.067;
 2366         (d) Enable compliance with other pollution control
 2367  requirements, including, but not limited to, toxics control,
 2368  wastewater residuals management, and reduction of nutrients and
 2369  bacteria;
 2370         (e) Assist in the implementation of surface water
 2371  improvement and management plans and pollutant load reduction
 2372  goals developed under state water policy;
 2373         (f) Promote reclaimed water reuse;
 2374         (g) Eliminate failing onsite sewage treatment and disposal
 2375  systems or those that are causing environmental damage; or
 2376         (h) Reduce pollutants to and otherwise promote the
 2377  restoration of Florida’s surface and ground waters.
 2378         Section 40. Paragraph (d) of subsection (3) of section
 2379  403.707, Florida Statutes, is amended to read:
 2380         403.707 Permits.—
 2381         (3)
 2382         (d) The department may adopt rules to administer this
 2383  subsection. However, the department is not required to submit
 2384  such rules to the Environmental Regulation Commission for
 2385  approval. Notwithstanding the limitations of s. 403.087(7)(a) s.
 2386  403.087(6)(a), permit fee caps for solid waste management
 2387  facilities shall be prorated to reflect the extended permit term
 2388  authorized by this subsection.
 2389         Section 41. Subsections (8) and (21) of section 403.861,
 2390  Florida Statutes, are amended to read:
 2391         403.861 Department; powers and duties.—The department shall
 2392  have the power and the duty to carry out the provisions and
 2393  purposes of this act and, for this purpose, to:
 2394         (8) Initiate rulemaking to increase each drinking water
 2395  permit application fee authorized under s. 403.087(7) s.
 2396  403.087(6) and this part and adopted by rule to ensure that such
 2397  fees are increased to reflect, at a minimum, any upward
 2398  adjustment in the Consumer Price Index compiled by the United
 2399  States Department of Labor, or similar inflation indicator,
 2400  since the original fee was established or most recently revised.
 2401         (a) The department shall establish by rule the inflation
 2402  index to be used for this purpose. The department shall review
 2403  the drinking water permit application fees authorized under s.
 2404  403.087(7) s. 403.087(6) and this part at least once every 5
 2405  years and shall adjust the fees upward, as necessary, within the
 2406  established fee caps to reflect changes in the Consumer Price
 2407  Index or similar inflation indicator. In the event of deflation,
 2408  the department shall consult with the Executive Office of the
 2409  Governor and the Legislature to determine whether downward fee
 2410  adjustments are appropriate based on the current budget and
 2411  appropriation considerations. The department shall also review
 2412  the drinking water operation license fees established pursuant
 2413  to paragraph (7)(b) at least once every 5 years to adopt, as
 2414  necessary, the same inflationary adjustments provided for in
 2415  this subsection.
 2416         (b) The minimum fee amount shall be the minimum fee
 2417  prescribed in this section, and such fee amount shall remain in
 2418  effect until the effective date of fees adopted by rule by the
 2419  department.
 2420         (21)(a) Upon issuance of a construction permit to construct
 2421  a new public water system drinking water treatment facility to
 2422  provide potable water supply using a surface water that, at the
 2423  time of the permit application, is not being used as a potable
 2424  water supply, and the classification of which does not include
 2425  potable water supply as a designated use, the department shall
 2426  add treated potable water supply as a designated use of the
 2427  surface water segment in accordance with s. 403.061(30)(b) s.
 2428  403.061(29)(b).
 2429         (b) For existing public water system drinking water
 2430  treatment facilities that use a surface water as a treated
 2431  potable water supply, which surface water classification does
 2432  not include potable water supply as a designated use, the
 2433  department shall add treated potable water supply as a
 2434  designated use of the surface water segment in accordance with
 2435  s. 403.061(30)(b) s. 403.061(29)(b).
 2436         Section 42. Effective July 1, 2021, subsection (1) of
 2437  section 489.551, Florida Statutes, is amended to read:
 2438         489.551 Definitions.—As used in this part:
 2439         (1) “Department” means the Department of Environmental
 2440  Protection Health.
 2441         Section 43. Paragraph (b) of subsection (10) of section
 2442  590.02, Florida Statutes, is amended to read:
 2443         590.02 Florida Forest Service; powers, authority, and
 2444  duties; liability; building structures; Withlacoochee Training
 2445  Center.—
 2446         (10)
 2447         (b) The Florida Forest Service may delegate to a county,
 2448  municipality, or special district its authority:
 2449         1. As delegated by the Department of Environmental
 2450  Protection pursuant to ss. 403.061(29) ss. 403.061(28) and
 2451  403.081, to manage and enforce regulations pertaining to the
 2452  burning of yard trash in accordance with s. 590.125(6).
 2453         2. To manage the open burning of land clearing debris in
 2454  accordance with s. 590.125.
 2455         Section 44. Except as otherwise expressly provided in this
 2456  act and except for this section, which shall take effect upon
 2457  becoming a law, this act shall take effect July 1, 2020.
 2458  
 2459  ================= T I T L E  A M E N D M E N T ================
 2460  And the title is amended as follows:
 2461         Delete everything before the enacting clause
 2462  and insert:
 2463                        A bill to be entitled                      
 2464         An act relating to water quality improvements;
 2465         providing a short title; requiring the Department
 2466         Health to provide a specified report to the Governor
 2467         and the Legislature by a specified date; requiring the
 2468         Department of Health and the Department of
 2469         Environmental Protection to submit to the Governor and
 2470         the Legislature, by a specified date, certain
 2471         recommendations relating to the transfer of the Onsite
 2472         Sewage Program; requiring the departments to enter
 2473         into an interagency agreement that meets certain
 2474         requirements by a specified date; transferring the
 2475         Onsite Sewage Program within the Department of Health
 2476         to the Department of Environmental Protection by a
 2477         type two transfer by a specified date; providing that
 2478         certain employees retain and transfer certain types of
 2479         leave upon the transfer; amending s. 373.4131, F.S.;
 2480         requiring the Department of Environmental Protection
 2481         to include stormwater structural controls inspections
 2482         as part of its regular staff training; requiring the
 2483         department and the water management districts to adopt
 2484         rules regarding stormwater design and operation by a
 2485         specified date; amending s. 381.0065, F.S.; conforming
 2486         provisions to changes made by the act; requiring the
 2487         department to adopt rules for the location of onsite
 2488         sewage treatment and disposal systems and complete
 2489         such rulemaking by a specified date; requiring the
 2490         department to evaluate certain data relating to the
 2491         self-certification program and provide the Legislature
 2492         with recommendations by a specified date; providing
 2493         that certain provisions relating to existing setback
 2494         requirements are applicable to permits only until the
 2495         adoption of certain rules by the department; creating
 2496         s. 381.00652, F.S.; creating an onsite sewage
 2497         treatment and disposal systems technical advisory
 2498         committee within the department; providing the duties
 2499         and membership of the committee; requiring the
 2500         committee to submit a report to the Governor and the
 2501         Legislature by a specified date; providing for the
 2502         expiration of the committee; repealing s. 381.0068,
 2503         F.S., relating to a technical review and advisory
 2504         panel; amending s. 403.061, F.S.; requiring the
 2505         department to adopt rules relating to the underground
 2506         pipes of wastewater collection systems; requiring
 2507         public utilities or their affiliated companies that
 2508         hold or are seeking a wastewater discharge permit to
 2509         file certain reports and data with the department;
 2510         creating s. 403.0616, F.S.; requiring the department,
 2511         subject to legislative appropriation, to establish a
 2512         real-time water quality monitoring program;
 2513         encouraging the formation of public-private
 2514         partnerships; amending s. 403.067, F.S.; requiring
 2515         basin management action plans for nutrient total
 2516         maximum daily loads to include wastewater treatment
 2517         and onsite sewage treatment and disposal system
 2518         remediation plans that meet certain requirements;
 2519         requiring the Department of Agriculture and Consumer
 2520         Services to collect fertilization and nutrient records
 2521         from certain agricultural producers and provide the
 2522         information to the department annually by a specified
 2523         date; requiring the Department of Agriculture and
 2524         Consumer Services to perform onsite inspections of the
 2525         agricultural producers at specified intervals;
 2526         authorizing certain entities to develop research plans
 2527         and legislative budget requests relating to best
 2528         management practices by a specified date; creating s.
 2529         403.0673, F.S.; establishing a wastewater grant
 2530         program within the Department of Environmental
 2531         Protection; authorizing the department to distribute
 2532         appropriated funds for certain projects; providing
 2533         requirements for the distribution; requiring the
 2534         department to coordinate with each water management
 2535         district to identify grant recipients; requiring an
 2536         annual report to the Governor and the Legislature by a
 2537         specified date; creating s. 403.0855, F.S.; providing
 2538         legislative findings regarding the regulation of
 2539         biosolids management in this state; requiring the
 2540         department to adopt rules for biosolids management;
 2541         exempting the rules from a specified statutory
 2542         requirement; amending s. 403.086, F.S.; prohibiting
 2543         facilities for sanitary sewage disposal from disposing
 2544         of any waste in the Indian River Lagoon without first
 2545         providing advanced waste treatment; requiring
 2546         facilities for sanitary sewage disposal to have a
 2547         power outage contingency plan; requiring the
 2548         facilities to take steps to prevent overflows and
 2549         leaks and ensure that the water reaches the
 2550         appropriate facility for treatment; requiring the
 2551         facilities to provide the Department of Environmental
 2552         Protection with certain information; requiring the
 2553         department to adopt rules; amending s. 403.087, F.S.;
 2554         requiring the department to issue operation permits
 2555         for domestic wastewater treatment facilities to
 2556         certain facilities under certain circumstances;
 2557         amending s. 403.088, F.S.; revising the permit
 2558         conditions for a water pollution operation permit;
 2559         requiring the department to submit a report to the
 2560         Governor and the Legislature by a specified date
 2561         identifying all wastewater utilities that experienced
 2562         sanitary sewer overflows within a specified timeframe;
 2563         amending s. 403.0891, F.S.; requiring model stormwater
 2564         management programs to contain model ordinances for
 2565         nutrient reduction practices and green infrastructure;
 2566         amending s. 403.121, F.S.; providing civil penalties;
 2567         amending s. 403.885, F.S.; requiring the department to
 2568         give certain domestic wastewater utilities funding
 2569         priority within the Water Projects Grant Program;
 2570         providing a declaration of important state interest;
 2571         amending ss. 153.54, 153.73, 163.3180, 180.03,
 2572         311.105, 327.46, 373.250, 373.414, 373.705, 373.707,
 2573         373.709, 376.307, 380.0552, 381.006, 381.0061,
 2574         381.0064, 381.00651, 403.08601, 403.0871, 403.0872,
 2575         403.1835, 403.707, 403.861, 489.551, and 590.02, F.S.;
 2576         conforming cross-references and provisions to changes
 2577         made by the act; providing effective dates.
 2578  
 2579         WHEREAS, nutrients negatively impact groundwater and
 2580  surface waters in this state and cause the proliferation of
 2581  algal blooms, and
 2582         WHEREAS, onsite sewage treatment and disposal systems were
 2583  designed to manage human waste and are permitted by the
 2584  Department of Health for that purpose, and
 2585         WHEREAS, conventional onsite sewage treatment and disposal
 2586  systems contribute nutrients to groundwater and surface waters
 2587  across this state which can cause harmful blue-green algal
 2588  blooms, and
 2589         WHEREAS, many stormwater systems are designed primarily to
 2590  divert and control stormwater rather than to remove pollutants,
 2591  and
 2592         WHEREAS, most existing stormwater system design criteria
 2593  fail to consistently meet either the 80 percent or 95 percent
 2594  target pollutant reduction goals established by the Department
 2595  of Environmental Protection, and
 2596         WHEREAS, other significant pollutants often can be removed
 2597  from stormwater more easily than nutrients and, as a result,
 2598  design criteria that provide the desired removal efficiencies
 2599  for nutrients will likely achieve equal or better removal
 2600  efficiencies for other constituents, and
 2601         WHEREAS, the Department of Environmental Protection has
 2602  found that the major causes of sanitary sewer overflows during
 2603  storm events are infiltration, inflow, and acute power failures,
 2604  and
 2605         WHEREAS, the Department of Environmental Protection lacks
 2606  statutory authority to regulate infiltration and inflow or to
 2607  require that all lift stations constructed prior to 2003 have
 2608  emergency backup power, and
 2609         WHEREAS, sanitary sewer overflows and leaking
 2610  infrastructure create both a human health concern and a nutrient
 2611  pollution problem, and
 2612         WHEREAS, the agricultural sector is a significant
 2613  contributor to the excess delivery of nutrients to surface
 2614  waters throughout this state and has been identified as the
 2615  dominant source of both phosphorus and nitrogen within the Lake
 2616  Okeechobee watershed and a number of other basin management
 2617  action plan areas, and
 2618         WHEREAS, only 75 percent of eligible agricultural parties
 2619  within the Lake Okeechobee Basin Management Action Plan area are
 2620  enrolled in an appropriate best management practice and
 2621  enrollment numbers are considerably less in other basin
 2622  management action plan areas, and
 2623         WHEREAS, although agricultural best management practices,
 2624  by design, should be technically feasible and economically
 2625  viable, that does not imply that their adoption and full
 2626  implementation, alone, will alleviate downstream water quality
 2627  impairments, NOW, THEREFORE,