Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. PCS (666660) for CS for SB 1426
       
       
       
       
       
       
                                Ì638546EÎ638546                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  03/01/2022           .                                
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       The Committee on Appropriations (Burgess) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 86 - 185
    4  and insert:
    5  governmental entities seeking to meet an assigned basin
    6  management action plan allocation or reasonable assurance plan
    7  or for the purpose of achieving net improvement pursuant to s.
    8  373.414(1)(b)3. after the governmental entity has provided
    9  reasonable assurance of meeting department rules for design and
   10  construction of all onsite stormwater management, or for the
   11  purpose of providing offsite stormwater treatment pursuant to s.
   12  311.106 or s. 373.413(6) or meeting environmental resource
   13  permit rules adopted pursuant to this part.
   14         (c)A water quality enhancement area must be used to
   15  address contributions of one or more pollutants or other
   16  constituents in the watershed, basin, sub-basin, targeted
   17  restoration area, waterbody, or section of waterbody, as
   18  determined by the department, in which the water quality
   19  enhancement area is located which do not meet applicable state
   20  water quality criteria.
   21         (d)A water quality enhancement area must be employed to
   22  use, create, or improve natural systems in order to improve
   23  water quality.
   24         (e)A governmental entity may use a water quality
   25  enhancement area for its own water quality needs. However, a
   26  governmental entity may not act as a sponsor to construct,
   27  operate, manage, or maintain a water quality enhancement area or
   28  market enhancement credits to third parties.
   29         (f)A local government may not require a permit or
   30  otherwise impose regulations governing the operation of a water
   31  quality enhancement area.
   32         (g)This section does not eliminate the obligation of an
   33  applicant for a water quality enhancement area permit or an
   34  applicant proposing to use enhancement credits to comply with
   35  all requirements of this part pertaining to adverse impacts to
   36  water quality in receiving waters and adjacent lands or
   37  wetlands.
   38         (4)WATER QUALITY ENHANCEMENT AREA PERMIT.—
   39         (a)To obtain a water quality enhancement area permit, the
   40  applicant must provide reasonable assurances that the proposed
   41  water quality enhancement area will be used to:
   42         1.Meet the requirements for issuance of an environmental
   43  resource permit;
   44         2.Benefit water quality in the watershed in which the
   45  water quality enhancement area is located;
   46         3.Meet defined performance or success criteria for the
   47  reduction of one or more pollutants or other constituents that
   48  prevent receiving waters from meeting applicable state water
   49  quality criteria;
   50         4.Ensure long-term pollutant reduction through effective
   51  operation and maintenance in perpetuity by designation of a
   52  responsible long-term maintenance entity supported by an
   53  endowment or other long-term financial assurance sufficient to
   54  assure perpetual operation and maintenance;
   55         5.Demonstrate sufficient legal or equitable interest in
   56  the property to ensure access to and perpetual protection and
   57  management of the land within the water quality enhancement
   58  area; and
   59         6.Provide for permanent preservation of the water quality
   60  enhancement area which meets the requirements of s. 704.06.
   61         (b)The water quality enhancement area permit must provide
   62  for the assessment, valuation, and award of credits based on
   63  units of pollutant removed.
   64         (c)The department shall base its determination of the
   65  award of enhancement credits on standard numerical models or
   66  analytical tools that establish the water quality enhancement
   67  area’s ability to remove pollutants or constituents.
   68         1.Where a basin management action plan exists for the
   69  watershed in which the water quality enhancement area is
   70  located, the applicant must use the same numerical models or
   71  analytical tools used for that basin management action plan in
   72  the water quality enhancement area permit application.
   73         2.If a basin management action plan does not exist for the
   74  watershed in which the water quality enhancement area is
   75  located, the applicant, with the approval of the department, may
   76  submit as part of the water quality enhancement area permit
   77  application model parameters and results used in a numerical
   78  model or analytical tool used by the department to develop a
   79  basin management action plan for a watershed with similar
   80  physical characteristics and pollutants as that where the
   81  proposed water quality enhancement area is to be located.
   82         3.If the department determines that its numerical model or
   83  analytical tool used for a basin management action plan is not
   84  appropriate for the proposed water quality enhancement area, the
   85  applicant must use a standard numerical model or analytical tool
   86  for the proposed water quality enhancement area.
   87         4.To assist the department in evaluating and determining
   88  enhancement credits, a water quality enhancement area permit
   89  application must include the numerical model or analytical tool
   90  results used to establish the water quality enhancement area’s
   91  efficacy. Supporting information must include, but need not be
   92  limited to:
   93         a.Rainfall data over the longest period of record
   94  available, collected from the closest site to the proposed water
   95  quality enhancement area, preferably within the same drainage
   96  basin.
   97         b.Anticipated average annual water quality and quantity
   98  inflows to the proposed water quality enhancement area, based on
   99  published local data collected over a period of record which
  100  most closely matches the rainfall data under this paragraph.
  101         c.Site-specific conditions affecting the anticipated
  102  performance of the proposed water quality enhancement area,
  103  including the proposed treatment type and the anticipated
  104  associated reduction rates, as demonstrated by the performance
  105  of other areas where the treatment type has been established and
  106  operating over a minimum of two consecutive wet and dry seasons.
  107         d.Data provided pursuant to sub-subparagraphs a. and b.
  108  must be from monitoring stations the department deems sufficient
  109  to determine flows and local water quality conditions.
  110         (d)The issuance of a water quality enhancement area permit
  111  under this section does not preclude the responsibility of an
  112  applicant to obtain other applicable federal, state, and local
  113  permits for the construction activities associated with the
  114  water quality enhancement area.
  115         (5)WATER QUALITY ENHANCEMENT SERVICE AREA.—The department
  116  shall establish a water quality enhancement service area for
  117  each water quality enhancement area. Enhancement credits may be
  118  withdrawn and used only to address adverse impacts in the
  119  enhancement service area. The boundaries of the enhancement
  120  service area shall depend upon the geographic area where the
  121  enhancement area could reasonably be expected to address adverse
  122  impacts. Enhancement service areas may overlap, and enhancement
  123  service areas for two or more enhancement areas may be approved
  124  for a regional watershed.
  125  
  126  ================= T I T L E  A M E N D M E N T ================
  127  And the title is amended as follows:
  128         Delete line 6
  129  and insert:
  130         quality enhancement areas and permits; requiring the
  131         Department of Environmental Protection to establish
  132         water quality enhancement service areas; providing
  133         requirements for the boundaries of such areas;
  134         requiring