CS for SB 64                                     First Engrossed
    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.; providing
   34         definitions; requiring counties, municipalities, and
   35         special districts to authorize graywater technologies
   36         under certain circumstances and to provide certain
   37         incentives for the implementation of such
   38         technologies; providing requirements for the use of
   39         graywater technologies; providing that the
   40         installation of residential graywater systems meets
   41         certain public utility water conservation measure
   42         requirements; providing for the applicability of
   43         specified reclaimed water aquifer storage and recovery
   44         well requirements; providing a declaration of
   45         important state interest; providing an effective date.
   47  Be It Enacted by the Legislature of the State of Florida:
   49         Section 1. Subsection (17) of section 403.064, Florida
   50  Statutes, is renumbered as subsection (18) and amended, and a
   51  new subsection (17) is added to that section, to read:
   52         403.064 Reuse of reclaimed water.—
   53         (17) By November 1, 2021, domestic wastewater utilities
   54  that dispose of effluent, reclaimed water, or reuse water by
   55  surface water discharge shall submit to the department for
   56  review and approval a plan for eliminating nonbeneficial surface
   57  water discharge by January 1, 2032, subject to the requirements
   58  of this section. The plan must include the average gallons per
   59  day of effluent, reclaimed water, or reuse water that will no
   60  longer be discharged into surface waters and the date of such
   61  elimination, the average gallons per day of surface water
   62  discharge which will continue in accordance with the
   63  alternatives provided for in subparagraphs (a)2. and 3., and the
   64  level of treatment that the effluent, reclaimed water, or reuse
   65  water will receive before being discharged into a surface water
   66  by each alternative.
   67         (a) The department shall approve a plan that includes all
   68  of the information required under this subsection as meeting the
   69  requirements of this section if one or more of the following
   70  conditions are met:
   71         1. The plan will result in eliminating the surface water
   72  discharge.
   73         2. The plan will result in meeting the requirements of s.
   74  403.086(10).
   75         3. The plan does not provide for a complete elimination of
   76  the surface water discharge but does provide an affirmative
   77  demonstration that any of the following conditions apply to the
   78  remaining discharge:
   79         a. The discharge is associated with an indirect potable
   80  reuse project;
   81         b. The discharge is a wet weather discharge that occurs in
   82  accordance with an applicable department permit;
   83         c. The discharge is into a stormwater management system and
   84  is subsequently withdrawn by a user for irrigation purposes;
   85         d. The utility operates domestic wastewater treatment
   86  facilities with reuse systems that reuse a minimum of 90 percent
   87  of a facility’s annual average flow, as determined by the
   88  department using monitoring data for the prior 5 consecutive
   89  years, for reuse purposes authorized by the department; or
   90         e. The discharge provides direct ecological or public water
   91  supply benefits, such as rehydrating wetlands or implementing
   92  the requirements of minimum flows and minimum water levels or
   93  recovery or prevention strategies for a waterbody.
   95  The plan may include conceptual projects under sub-subparagraphs
   96  3.a. and 3.e.; however, such inclusion does not extend the time
   97  within which the plan must be implemented.
   98         (b) The department shall approve or deny a plan within 9
   99  months after receiving the plan. A utility may modify the plan
  100  by submitting such modification to the department; however, the
  101  plan may not be modified such that the requirements of this
  102  subsection are not met, and the department may not extend the
  103  time within which a plan will be implemented. The approval of
  104  the plan or a modification by the department does not constitute
  105  final agency action.
  106         (c) A utility shall fully implement the approved plan by
  107  January 1, 2032.
  108         (d) If a plan is not timely submitted by a utility or
  109  approved by the department, the utility’s domestic wastewater
  110  treatment facilities may not dispose of effluent, reclaimed
  111  water, or reuse water by surface water discharge after January
  112  1, 2028. A violation of this paragraph is subject to
  113  administrative and civil penalties pursuant to ss. 403.121,
  114  403.131, and 403.141.
  115         (e) A domestic wastewater utility applying for a permit for
  116  a new or expanded surface water discharge shall prepare a plan
  117  in accordance with this subsection as part of that permit
  118  application. The department may not approve a permit for a new
  119  or expanded surface water discharge unless the plan meets one or
  120  more of the conditions provided in paragraph (a).
  121         (f) By December 31, 2021, and annually thereafter, the
  122  department shall submit a report to the President of the Senate
  123  and the Speaker of the House of Representatives which provides
  124  the average gallons per day of effluent, reclaimed water, or
  125  reuse water that will no longer be discharged into surface
  126  waters by the utility and the dates of such elimination; the
  127  average gallons per day of surface water discharges that will
  128  continue in accordance with the alternatives provided in
  129  subparagraphs (a)2. and 3., and the level of treatment that the
  130  effluent, reclaimed water, or reuse water will receive before
  131  being discharged into a surface water by each alternative and
  132  utility; and any modified or new plans submitted by a utility
  133  since the last report.
  134         (g) This subsection does not apply to any of the following:
  135         1. A domestic wastewater treatment facility that is located
  136  in a fiscally constrained county as described in s. 218.67(1).
  137         2. A domestic wastewater treatment facility that is located
  138  in a municipality that is entirely within a rural area of
  139  opportunity as designated pursuant to s. 288.0656.
  140         3. A domestic wastewater treatment facility that is located
  141  in a municipality that has less than $10 million in total
  142  revenue, as determined by the municipality’s most recent annual
  143  financial report submitted to the Department of Financial
  144  Services in accordance with s. 218.32.
  145         4. A domestic wastewater treatment facility that is
  146  operated by an operator of a mobile home park as defined in s.
  147  723.003 and has a permitted capacity of less than 300,000
  148  gallons per day.
  149         (h) This subsection does not prohibit the inclusion of a
  150  plan for backup discharges under s. 403.086(8)(a).
  151         (i) This subsection may not be deemed to exempt a utility
  152  from requirements that prohibit the causing of or contributing
  153  to violations of water quality standards in surface waters,
  154  including groundwater discharges that affect water quality in
  155  surface waters.
  156         (18)(a)(17) By December 31, 2020, the department shall
  157  initiate rule revisions based on the recommendations of the
  158  Potable Reuse Commission’s 2020 report “Advancing Potable Reuse
  159  in Florida: Framework for the Implementation of Potable Reuse in
  160  Florida.” Rules for potable reuse projects must address
  161  contaminants of emerging concern and meet or exceed federal and
  162  state drinking water quality standards and other applicable
  163  water quality standards. Reclaimed water is deemed a water
  164  source for public water supply systems.
  165         (b) The Legislature recognizes that sufficient water supply
  166  is imperative to the future of the state and that potable reuse
  167  is a source of water which may assist in meeting future demand
  168  for water supply.
  169         (c) The department may convene and lead one or more
  170  technical advisory groups to coordinate the rulemaking and
  171  review of rules for potable reuse as required under this
  172  section. The technical advisory group, which shall assist in the
  173  development of such rules, must be composed of knowledgeable
  174  representatives of a broad group of interested stakeholders,
  175  including, but not limited to, representatives from the water
  176  management districts, the wastewater utility industry, the water
  177  utility industry, the environmental community, the business
  178  community, the public health community, the agricultural
  179  community, and the consumers.
  180         (d) Potable reuse is an alternative water supply as defined
  181  in s. 373.019, and potable reuse projects are eligible for
  182  alternative water supply funding. The use of potable reuse water
  183  may not be excluded from regional water supply planning under s.
  184  373.709.
  185         (e) The department and the water management districts shall
  186  develop and execute, by December 31, 2023, a memorandum of
  187  agreement providing for the procedural requirements of a
  188  coordinated review of all permits associated with the
  189  construction and operation of an indirect potable reuse project.
  190  The memorandum of agreement must provide that the coordinated
  191  review will occur only if requested by a permittee. The purpose
  192  of the coordinated review is to share information, avoid the
  193  redundancy of information requested from the permittee, and
  194  ensure consistency in the permit for the protection of the
  195  public health and the environment.
  196         (f) To encourage investment in the development of potable
  197  reuse projects by private entities, a potable reuse project
  198  developed as a qualifying project under s. 255.065 is:
  199         1. Beginning January 1, 2026, eligible for expedited
  200  permitting under s. 403.973.
  201         2. Consistent with s. 373.707, eligible for priority
  202  funding in the same manner as other alternative water supply
  203  projects from the Drinking Water State Revolving Fund, under the
  204  Water Protection and Sustainability Program, and for water
  205  management district cooperative funding.
  206         (g) This subsection is not intended and may not be
  207  construed to supersede s. 373.250(3).
  208         Section 2. Section 403.892, Florida Statutes, is created to
  209  read:
  210         403.892 Incentives for the use of graywater technologies.—
  211         (1) As used in this section, the term:
  212         (a) “Developer” has the same meaning as in s. 380.031(2).
  213         (b) “Graywater” has the same meaning as in s.
  214  381.0065(2)(e).
  215         (2) To promote the beneficial reuse of water in the state,
  216  a county, municipality, or special district shall:
  217         (a) Authorize the use of residential graywater technologies
  218  in their respective jurisdictions which meet the requirements of
  219  this section, the Florida Building Code, and applicable
  220  requirements of the Department of Health and for which a
  221  developer or homebuilder has received all applicable regulatory
  222  permits or authorizations.
  223         (b) Provide a 25 percent density or intensity bonus to a
  224  developer or homebuilder if at least 75 percent of a proposed or
  225  existing development will have a graywater system installed or a
  226  35 percent bonus if 100 percent of a proposed or an existing
  227  development will have a graywater system installed. The bonus
  228  under this paragraph is in addition to any bonus provided by a
  229  county, municipality, or special district ordinance in effect on
  230  July 1, 2021.
  231         (3) To qualify for the incentives under subsection (2), the
  232  developer or homebuilder must certify to the applicable
  233  governmental entity as part of its application for development
  234  approval or amendment of a development order that all of the
  235  following conditions are met:
  236         (a) The proposed or existing development has at least 25
  237  single-family residential homes that are either detached or
  238  multifamily dwellings. This paragraph does not apply to
  239  multifamily projects over five stories in height.
  240         (b) Each single-family residential home or residence will
  241  have its own residential graywater system that is dedicated for
  242  its use.
  243         (c) The developer or homebuilder has submitted a
  244  manufacturer’s warranty or data providing reasonable assurance
  245  that the residential graywater system will function as designed
  246  and includes an estimate of anticipated potable water savings
  247  for each system. A submission of the manufacturer’s warranty or
  248  data from a building code official, governmental entity, or
  249  research institute that has monitored or measured the
  250  residential graywater system that is proposed to be installed
  251  for such development shall be accepted as reasonable assurance
  252  and no further information or assurance is needed.
  253         (d) The required maintenance of the graywater system will
  254  be the responsibility of the residential homeowner.
  255         (e) An operation and maintenance manual for the graywater
  256  system will be supplied to the initial homeowner of each home.
  257  The manual shall provide a method of contacting the installer or
  258  manufacturer and shall include directions to the residential
  259  homeowner that the manual shall remain with the residence
  260  throughout the life cycle of the system.
  261         (4) If the requirements of subsection (3) have been met,
  262  the county or municipality must include the incentives provided
  263  for in subsection (2) when it approves the development or
  264  amendment of a development order. The approval must also provide
  265  for the process that the developer or homebuilder will follow to
  266  verify that such systems have been purchased. Proof of purchase
  267  must be provided within 180 days after the issuance of a
  268  certificate of occupancy for single-family residential homes
  269  that are either detached or multifamily projects under five
  270  stories in height.
  271         (5) The installation of residential graywater systems in a
  272  county or municipality in accordance with this section shall
  273  qualify as a water conservation measure in a public water
  274  utility’s water conservation plan under s. 373.227. The
  275  efficiency of such measures shall be commensurate with the
  276  amount of potable water savings estimated for each system
  277  provided by the developer or homebuilder under paragraph (3)(c).
  278         Section 3. To further promote the reuse of reclaimed water
  279  for irrigation purposes, the rules that apply when reclaimed
  280  water is injected into a receiving groundwater that has 1,000 to
  281  3,000 mg/L total dissolved solids are applicable to reclaimed
  282  water aquifer storage and recovery wells injecting into a
  283  receiving groundwater of less than 1,000 mg/L total dissolved
  284  solids if the applicant demonstrates that it is injecting into a
  285  confined aquifer, that there are no potable water supply wells
  286  within 3,500 feet of the aquifer storage and recovery wells,
  287  that it has implemented institutional controls to prevent the
  288  future construction of potable water supply wells within 3,500
  289  feet of the aquifer storage and recovery wells, and that the
  290  recovered water is being used for irrigation purposes. The
  291  injection of reclaimed water that meets the requirements of this
  292  section is not potable reuse. This section may not be construed
  293  to exempt the reclaimed water aquifer storage and recovery wells
  294  from requirements that prohibit the causing of or contribution
  295  to violations of water quality standards in surface waters,
  296  including groundwater discharges that flow by interflow and
  297  affect water quality in surface waters.
  298         Section 4. The Legislature determines and declares that
  299  this act fulfills an important state interest.
  300         Section 5. This act shall take effect upon becoming a law.