Florida Senate - 2021                                      SB 64
       By Senator Albritton
       26-00362A-21                                            202164__
    1                        A bill to be entitled                      
    2         An act relating to reclaimed water; amending s.
    3         403.064, F.S.; requiring certain domestic wastewater
    4         utilities to submit to the Department of Environmental
    5         Protection by a specified date a plan for eliminating
    6         nonbeneficial surface water discharge within a
    7         specified timeframe; providing requirements for the
    8         plan; requiring the department to approve plans that
    9         meet certain requirements; requiring the department to
   10         make a determination regarding a plan within a
   11         specified timeframe; requiring the utilities to
   12         implement approved plans by specified dates; providing
   13         for administrative and civil penalties; requiring
   14         certain utilities to submit updated annual plans until
   15         certain conditions are met; requiring domestic
   16         wastewater utilities applying for permits for new or
   17         expanded surface water discharges to prepare a
   18         specified plan for eliminating nonbeneficial
   19         discharges as part of its permit application;
   20         requiring the department to submit an annual report to
   21         the Legislature by a specified date; providing
   22         applicability; providing construction; authorizing the
   23         department to convene and lead one or more technical
   24         advisory groups; providing that potable reuse is an
   25         alternative water supply and that projects relating to
   26         such reuse are eligible for alternative water supply
   27         funding; requiring the department and the water
   28         management districts to develop and execute, by a
   29         specified date, a memorandum of agreement for the
   30         coordinated review of specified permits; providing
   31         that potable reuse projects are eligible for certain
   32         expedited permitting and priority funding; providing
   33         construction; creating s. 403.892, F.S.; defining
   34         terms; requiring counties, municipalities, and special
   35         districts to authorize graywater technologies under
   36         certain circumstances and to provide incentives for
   37         the implementation of such technologies; providing
   38         requirements for the use of graywater technologies;
   39         providing that the installation of residential
   40         graywater systems meets certain public utility water
   41         conservation measure requirements; providing for the
   42         applicability of specified reclaimed water aquifer
   43         storage and recovery well requirements; providing a
   44         declaration of important state interest; providing an
   45         effective date.
   47  Be It Enacted by the Legislature of the State of Florida:
   49         Section 1. Present subsection (17) of section 403.064,
   50  Florida Statutes, is redesignated as subsection (18) and
   51  amended, and a new subsection (17) is added to that section, to
   52  read:
   53         403.064 Reuse of reclaimed water.—
   54         (17)By November 1, 2021, domestic wastewater utilities
   55  that dispose of effluent, reclaimed water, or reuse water by
   56  surface water discharge shall submit to the department for
   57  review and approval a plan for eliminating nonbeneficial surface
   58  water discharge within 5 years, subject to the requirements of
   59  this section. The plan must include the average gallons per day
   60  of effluent, reclaimed water, or reuse water which will no
   61  longer be discharged into surface waters and the date of such
   62  elimination; the average gallons per day of surface water
   63  discharge which will continue in accordance with the
   64  alternatives provided for in subparagraphs (a)2. and 3., or, if
   65  applicable to the utility, under paragraph (b); and the level of
   66  treatment which the effluent, reclaimed water, or reuse water
   67  will receive before being discharged into a surface water by
   68  each alternative.
   69         (a)The department shall approve a plan that includes all
   70  of the information required under this subsection as meeting the
   71  requirements of this section if one or more of the following
   72  conditions are met:
   73         1.The plan will result in eliminating the surface water
   74  discharge.
   75         2.The plan will result in meeting the requirements of s.
   76  403.086(10).
   77         3.The plan does not provide for a complete elimination of
   78  the surface water discharge but does provide an affirmative
   79  demonstration that any of the following conditions apply to the
   80  remaining discharge:
   81         a.The discharge is associated with an indirect potable
   82  reuse project;
   83         b.The discharge is a wet weather discharge that occurs in
   84  accordance with an applicable department permit;
   85         c.The discharge is into a stormwater management system and
   86  is subsequently withdrawn by a user for irrigation purposes;
   87         d.The utility operates domestic wastewater treatment
   88  facilities with reuse systems that reuse a minimum of 90 percent
   89  of a facility’s annual average flow, as determined by the
   90  department using monitoring data for the prior 5 consecutive
   91  years, for reuse purposes authorized by the department; or
   92         e.The discharge provides direct ecological or public water
   93  supply benefits, such as rehydrating wetlands or implementing
   94  the requirements of minimum flows and minimum water levels or
   95  recovery or prevention strategies for a waterbody.
   96         (b)The department shall also approve a plan if a utility
   97  demonstrates that it is technically, economically, or
   98  environmentally infeasible for the utility to meet any of the
   99  conditions provided in paragraph (a) for the discharge within 5
  100  years after submitting the plan to the department; that
  101  implementing such alternatives would create a severe undue
  102  economic hardship on the community served by the utility, as
  103  demonstrated by the impact to utility ratepayers, a lack of a
  104  reasonable return on investment, and the unaffordability of
  105  implementing any combination of the alternatives; and that the
  106  plan provides a means to eliminate the discharge to the extent
  107  feasible.
  108         (c)The department shall approve or deny a plan within 9
  109  months after receiving the plan and, if a plan is approved, must
  110  incorporate it in the utility’s operating permit issued under s.
  111  403.087. Any applicable environmental and public health
  112  protection requirements provided by law or department rule
  113  governing the implementation of the plan must also be
  114  incorporated into the permit. A utility may modify the plan by
  115  amendment to the permit; however, the plan may not be modified
  116  such that the requirements of this subsection are not met, and
  117  the department may not extend the time within which a plan will
  118  be implemented.
  119         (d)Upon approval of a plan by the department, a utility
  120  shall fully implement the approved plan by January 1, 2028;
  121  however, if the utility proposes to implement a potable reuse
  122  project, provided that the utility has implemented all other
  123  components of the plan, the utility has until January 1, 2030,
  124  to implement the potable reuse project component of the plan.
  125         (e)If a plan is not timely submitted by a utility or
  126  approved by the department, the utility’s domestic wastewater
  127  treatment facilities may not dispose of effluent, reclaimed
  128  water, or reuse water by surface water discharge after January
  129  1, 2028. A violation of this paragraph is subject to
  130  administrative and civil penalties pursuant to ss. 403.121,
  131  403.131, and 403.141.
  132         (f)A utility that has had a plan approved by the
  133  department pursuant to paragraph (b) shall update the plan
  134  annually until the utility is able to meet one or more of the
  135  conditions provided in paragraph (a). The updated annual plan
  136  must affirmatively demonstrate that the utility continues to be
  137  unable to meet any of the conditions provided in paragraph (a)
  138  because it is infeasible to do so and a severe undue economic
  139  hardship still exists as provided in paragraph (b). The
  140  department shall review the updated plans to verify that the
  141  utility is unable to meet any of the conditions provided in
  142  paragraph (a) and that the utility continues to meet the
  143  conditions of paragraph (b). If the department determines that
  144  the utility is able to meet any of the conditions and the
  145  utility is no longer eligible for approval under paragraph (b),
  146  the utility must submit a plan in accordance with paragraph (a)
  147  within 9 months after receiving notice of such a determination
  148  from the department, and the utility must fully implement such
  149  plan within 5 years after receiving an approval by the
  150  department.
  151         (g)A domestic wastewater utility applying for a permit for
  152  a new or expanded surface water discharge shall prepare a plan
  153  in accordance with this subsection as part of that permit
  154  application. The department may not approve a permit for a new
  155  or expanded surface water discharge unless the plan meets one or
  156  more of the conditions provided in paragraph (a).
  157         (h)By December 31, 2021, and annually thereafter, the
  158  department shall submit a report to the President of the Senate
  159  and the Speaker of the House of Representatives which provides
  160  the average gallons per day of effluent, reclaimed water, or
  161  reuse water which will no longer be discharged into surface
  162  waters by the utility and the dates of such elimination; the
  163  average gallons per day of surface water discharges which will
  164  continue in accordance with the alternatives provided in
  165  subparagraphs (a)2. and 3., and the level of treatment which the
  166  effluent, reclaimed water, or reuse water will receive before
  167  being discharged into a surface water by each alternative and
  168  utility; the average gallons per day of effluent, reclaimed
  169  water, or reuse water which is proposed to continue to be
  170  discharged under paragraph (b) and the level of treatment which
  171  the effluent, reclaimed water, or reuse water will receive
  172  before being discharged into a surface water by the utility; and
  173  any modified or new plans submitted by a utility since the last
  174  report.
  175         (i)This subsection does not apply to any of the following:
  176         1.A domestic wastewater treatment facility that is located
  177  in a fiscally constrained county as described in s. 218.67(1).
  178         2.A domestic wastewater treatment facility that is located
  179  in a municipality that is entirely within a rural area of
  180  opportunity as designated pursuant to s. 288.0656.
  181         3.A domestic wastewater treatment facility that is located
  182  in a municipality that has less than $10 million in total
  183  revenue, as determined by the municipality’s most recent annual
  184  financial report submitted to the Department of Financial
  185  Services in accordance with s. 218.32.
  186         (j)This subsection does not prohibit the inclusion of a
  187  plan for backup discharges pursuant to s. 403.086(8)(a).
  188         (k)This subsection may not be deemed to exempt a utility
  189  from requirements that prohibit the causing of or contributing
  190  to violations of water quality standards in surface waters,
  191  including groundwater discharges that affect water quality in
  192  surface waters.
  193         (18)(a)(17) By December 31, 2020, the department shall
  194  initiate rule revisions based on the recommendations of the
  195  Potable Reuse Commission’s 2020 report “Advancing Potable Reuse
  196  in Florida: Framework for the Implementation of Potable Reuse in
  197  Florida.” Rules for potable reuse projects must address
  198  contaminants of emerging concern and meet or exceed federal and
  199  state drinking water quality standards and other applicable
  200  water quality standards. Reclaimed water is deemed a water
  201  source for public water supply systems.
  202         (b)The Legislature recognizes that sufficient water supply
  203  is imperative to the future of this state and that potable reuse
  204  is a source of water which may assist in meeting future demand
  205  for water supply.
  206         (c)The department may convene and lead one or more
  207  technical advisory groups to coordinate the rulemaking and
  208  review of rules for potable reuse as required under this
  209  section. The technical advisory group, which shall assist in the
  210  development of such rules, must be composed of knowledgeable
  211  representatives of a broad group of interested stakeholders,
  212  including, but not limited to, representatives from the water
  213  management districts, the wastewater utility industry, the water
  214  utility industry, the environmental community, the business
  215  community, the public health community, the agricultural
  216  community, and the consumers.
  217         (d)Potable reuse is an alternative water supply as defined
  218  in s. 373.019, and potable reuse projects are eligible for
  219  alternative water supply funding. The use of potable reuse water
  220  may not be excluded from regional water supply planning under s.
  221  373.709.
  222         (e)The department and the water management districts shall
  223  develop and execute, by December 31, 2023, a memorandum of
  224  agreement providing for the procedural requirements of a
  225  coordinated review of all permits associated with the
  226  construction and operation of an indirect potable reuse project.
  227  The memorandum of agreement must provide that the coordinated
  228  review will occur only if requested by a permittee. The purpose
  229  of the coordinated review is to share information, avoid the
  230  redundancy of information requested from the permittee, and
  231  ensure consistency in the permit for the protection of the
  232  public health and the environment.
  233         (f)To encourage investment in the development of potable
  234  reuse projects by private entities, a potable reuse project
  235  developed as a qualifying project pursuant to s. 255.065 is:
  236         1.Beginning January 1, 2026, eligible for expedited
  237  permitting under s. 403.973.
  238         2.Consistent with s. 373.707, eligible for priority
  239  funding in the same manner as other alternative water supply
  240  projects from the Drinking Water State Revolving Fund, under the
  241  Water Protection and Sustainability Program, and for water
  242  management district cooperative funding.
  243         (g)This subsection is not intended and may not be
  244  construed to supersede s. 373.250(3).
  245         Section 2. Section 403.892, Florida Statutes, is created to
  246  read:
  247         403.892Incentives for the use of graywater technologies.—
  248         (1)As used in this section, the term:
  249         (a)“Developer” has the same meaning as in s. 380.031(2).
  250         (b)“Graywater” has the same meaning as in s.
  251  381.0065(2)(e).
  252         (2)To promote the beneficial reuse of water in this state,
  253  a county, municipality, or special district shall:
  254         (a)Authorize the use of residential graywater technologies
  255  in their respective jurisdictions which meet the requirements of
  256  this section, the Florida Building Code, and applicable
  257  requirements of the Florida Department of Health and have
  258  received all applicable regulatory permits or authorizations;
  259  and
  260         (b)Provide density or intensity bonuses to the developer
  261  or homebuilder to fully offset the capital costs of the
  262  technology and installation costs.
  263         (3)To qualify for the incentives, the developer or
  264  homebuilder must certify to the applicable government entity as
  265  part of its application for development approval or amendment of
  266  a development order that all of the following conditions are
  267  met:
  268         (a)The proposed or existing development has at least 25
  269  single-family residential homes that are either detached or
  270  multifamily dwellings. This paragraph does not apply to
  271  multifamily projects over five stories in height.
  272         (b)Each single-family residential home or residence will
  273  have its own residential graywater system that is dedicated for
  274  its use.
  275         (c)It has submitted a manufacturer’s warranty or data
  276  providing reasonable assurance that the residential graywater
  277  system will function as designed and includes an estimate of
  278  anticipated potable water savings for each system. A submission
  279  of the manufacturer’s warranty or data from a building code
  280  official, government entity, or research institute that has
  281  monitored or measured the residential graywater system that is
  282  proposed to be installed for such development shall be accepted
  283  as reasonable assurance and no further information or assurance
  284  is needed.
  285         (d)The required maintenance of the graywater system will
  286  be the responsibility of the residential homeowner or
  287  manufacturer.
  288         (e) An operation and maintenance manual for the graywater
  289  system will be supplied to the initial homeowner of each home.
  290  The manual shall provide a method of contacting the installer or
  291  manufacturer and shall include directions to the residential
  292  homeowner that the manual shall remain with the residence
  293  throughout the life cycle of the system.
  294         (4)If the requirements of subsection (3) have been met,
  295  the county or municipality must include the incentives provided
  296  for in subsection (2) when it approves the development or
  297  amendment of a development order. The approval must also provide
  298  for the process that the developer or homebuilder will follow to
  299  verify that such systems have been purchased. Proof of purchase
  300  must be provided within 180 days from the issuance of a
  301  certificate of occupancy for single-family residential homes
  302  that are either detached or multifamily projects under five
  303  stories.
  304         (5) The installation of residential graywater systems in a
  305  county or municipality in accordance with this section shall
  306  qualify as a water conservation measure in a public water
  307  utility’s water conservation plan pursuant to s. 373.227. The
  308  efficiency of such measures shall be commensurate with the
  309  amount of potable water savings estimated for each system
  310  provided by the developer or homebuilder pursuant to paragraph
  311  (3)(c).
  312         Section 3. To further promote the reuse of reclaimed water
  313  for irrigation purposes, the rules that apply when reclaimed
  314  water is injected into a receiving groundwater that has 1,000 to
  315  3,000 mg/L total dissolved solids are applicable to reclaimed
  316  water aquifer storage and recovery wells injecting into a
  317  receiving groundwater of less than 1,000 mg/L total dissolved
  318  solids if the applicant demonstrates that it is injecting into a
  319  confined aquifer, that there are no potable water supply wells
  320  within 3,500 feet of the aquifer storage and recovery wells, and
  321  that it has implemented institutional controls to prevent the
  322  future construction of potable water supply wells within 3,500
  323  feet of the aquifer storage and recovery wells. This section may
  324  not be construed to exempt the reclaimed water aquifer storage
  325  and recovery wells from requirements that prohibit the causing
  326  of or contribution to violations of water quality standards in
  327  surface waters, including groundwater discharges that flow by
  328  interflow and affect water quality in surface waters.
  329         Section 4. The Legislature determines and declares that
  330  this act fulfills an important state interest.
  331         Section 5. This act shall take effect upon becoming a law.