Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. PCS (666660) for CS for SB 1426
       
       
       
       
       
       
                                Ì897990UÎ897990                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/01/2022           .                                
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       The Committee on Appropriations (Burgess) recommended the
       following:
       
    1         Senate Substitute for Amendment (638546) (with title
    2  amendment)
    3  
    4         Delete lines 86 - 255
    5  and insert:
    6  governmental entities seeking to meet an assigned basin
    7  management action plan allocation or reasonable assurance plan
    8  or for the purpose of achieving net improvement pursuant to s.
    9  373.414(1)(b)3. after the governmental entity has provided
   10  reasonable assurance of meeting department rules for design and
   11  construction of all onsite stormwater management.
   12         (c)A water quality enhancement area must be used to
   13  address contributions of one or more pollutants or other
   14  constituents in the watershed, basin, sub-basin, targeted
   15  restoration area, water body, or section of water body, as
   16  determined by the department, in which the water quality
   17  enhancement area is located which do not meet applicable state
   18  water quality criteria.
   19         (d)A water quality enhancement area must be employed to
   20  use, create, or improve natural systems in order to improve
   21  water quality.
   22         (e)A governmental entity may use a water quality
   23  enhancement area for its own water quality needs. However, a
   24  governmental entity may not act as a sponsor to construct,
   25  operate, manage, or maintain a water quality enhancement area or
   26  market enhancement credits to third parties.
   27         (f)A local government may not require a permit or
   28  otherwise impose regulations governing the operation of a water
   29  quality enhancement area.
   30         (g)This section does not eliminate the obligation of an
   31  applicant for a water quality enhancement area permit or an
   32  applicant proposing to use enhancement credits to comply with
   33  all requirements of this part pertaining to adverse impacts to
   34  water quality in receiving waters and adjacent lands or
   35  wetlands.
   36         (4)WATER QUALITY ENHANCEMENT AREA PERMIT.—
   37         (a)To obtain a water quality enhancement area permit, the
   38  applicant must provide reasonable assurances that the proposed
   39  water quality enhancement area will be used to:
   40         1.Meet the requirements for issuance of an environmental
   41  resource permit;
   42         2.Benefit water quality in the watershed in which the
   43  water quality enhancement area is located;
   44         3.Meet defined performance or success criteria for the
   45  reduction of one or more pollutants or other constituents that
   46  prevent receiving waters from meeting applicable state water
   47  quality criteria;
   48         4.Ensure long-term pollutant reduction through effective
   49  operation and maintenance in perpetuity by designation of a
   50  responsible long-term maintenance entity supported by an
   51  endowment or other long-term financial assurance sufficient to
   52  assure perpetual operation and maintenance;
   53         5.Demonstrate sufficient legal or equitable interest in
   54  the property to ensure access to and perpetual protection and
   55  management of the land within the water quality enhancement
   56  area; and
   57         6.Provide for permanent preservation of the water quality
   58  enhancement area which meets the requirements of s. 704.06.
   59         (b)The water quality enhancement area permit must provide
   60  for the assessment, valuation, and award of credits based on
   61  units of pollutant removed.
   62         (c)The department shall base its determination of the
   63  award of enhancement credits on standard numerical models or
   64  analytical tools that establish the water quality enhancement
   65  area’s ability to remove pollutants or constituents.
   66         1.Where a basin management action plan exists for the
   67  watershed in which the water quality enhancement area is
   68  located, the applicant must use the same numerical models or
   69  analytical tools used for that basin management action plan in
   70  the water quality enhancement area permit application.
   71         2.If a basin management action plan does not exist for the
   72  watershed in which the water quality enhancement area is
   73  located, the applicant, with the approval of the department, may
   74  submit as part of the water quality enhancement area permit
   75  application model parameters and results used in a numerical
   76  model or analytical tool used by the department to develop a
   77  basin management action plan for a watershed with similar
   78  physical characteristics and pollutants as that where the
   79  proposed water quality enhancement area is to be located.
   80         3.If the department determines that its numerical model or
   81  analytical tool used for a basin management action plan is not
   82  appropriate for the proposed water quality enhancement area, the
   83  applicant must use a standard numerical model or analytical tool
   84  for the proposed water quality enhancement area.
   85         4.To assist the department in evaluating and determining
   86  enhancement credits, a water quality enhancement area permit
   87  application must include the numerical model or analytical tool
   88  results used to establish the water quality enhancement area’s
   89  efficacy. Supporting information must include, but need not be
   90  limited to:
   91         a.Rainfall data over the longest period of record
   92  available, collected from the closest site to the proposed water
   93  quality enhancement area, preferably within the same drainage
   94  basin.
   95         b.Anticipated average annual water quality and quantity
   96  inflows to the proposed water quality enhancement area, based on
   97  published local data collected over a period of record which
   98  most closely matches the rainfall data under this paragraph.
   99         c.Site-specific conditions affecting the anticipated
  100  performance of the proposed water quality enhancement area,
  101  including the proposed treatment type and the anticipated
  102  associated reduction rates, as demonstrated by the performance
  103  of other areas where the treatment type has been established and
  104  operating over a minimum of two consecutive wet and dry seasons.
  105         5.Data provided pursuant to sub-subparagraphs 4.a. and
  106  4.b. must be from monitoring stations the department deems
  107  sufficient to determine flows and local water quality
  108  conditions.
  109         (d)The issuance of a water quality enhancement area permit
  110  under this section does not preclude the responsibility of an
  111  applicant to obtain other applicable federal, state, and local
  112  permits for the construction activities associated with the
  113  water quality enhancement area.
  114         (5)WATER QUALITY ENHANCEMENT SERVICE AREA.—The department
  115  shall establish a water quality enhancement service area for
  116  each water quality enhancement area. Enhancement credits may be
  117  withdrawn and used only to address adverse impacts in the
  118  enhancement service area. The boundaries of the enhancement
  119  service area shall depend upon the geographic area where the
  120  enhancement area could reasonably be expected to address adverse
  121  impacts. Enhancement service areas may overlap, and enhancement
  122  service areas for two or more enhancement areas may be approved
  123  for a regional watershed.
  124         (6)MONITORING AND VERIFICATION.—
  125         (a)An applicant for a water quality enhancement area
  126  permit must propose a performance and success criteria
  127  monitoring and verification plan, with protocols to be
  128  implemented once the water quality enhancement area is
  129  operational. The protocols must be appropriate for the water
  130  quality enhancement area and sufficient to demonstrate that the
  131  area is meeting defined performance or success criteria for the
  132  reduction of pollutants or contaminants for which credits are
  133  awarded by the department.
  134         (b)If a permittee fails to comply with the conditions of a
  135  water quality enhancement area permit, the department must
  136  revoke the permittee’s ability to sell enhancement credits until
  137  the water quality enhancement area is compliant with the permit
  138  conditions.
  139         (7)ENHANCEMENT CREDITS.—
  140         (a)The department or water management district shall
  141  authorize the sale and use of enhancement credits to
  142  governmental entities to address adverse water quality impacts
  143  of activities regulated under this part or to assist
  144  governmental entities seeking to meet required nonpoint source
  145  contribution reductions assigned in a basin management action
  146  plan or reasonable assurance plan pursuant to s. 403.067.
  147         (b)Before approving the use of enhancement credits, the
  148  department or water management district must determine that the
  149  enhancement credits used by an applicant seeking a permit under
  150  this part are appropriate for a specific permit use.
  151         (c)Water quality improvement projects using natural
  152  systems or land use modifications, including, but not limited
  153  to, constructed wetlands or minor impoundments that reduce
  154  pollutants to a receiving water body, may be used by an
  155  applicant to generate enhancement credits if approved by the
  156  department. Water quality enhancement areas may not be located
  157  on lands purchased for conservation pursuant to the Florida
  158  Forever Act or the Florida Preservation 2000 Act.
  159         (d)The department shall provide for and maintain a ledger
  160  that tracks the award, release, and use of enhancement credits.
  161         1.A water management district that authorizes applicants
  162  seeking permits under this part to use enhancement credits to
  163  address water quality impacts must report to the department the
  164  amount of enhancement credits used by the applicants.
  165         2.The operator of a water quality enhancement area shall
  166  notify the department of the amount of enhancement credits sold
  167  or used within 30 days after the date the enhancement credit
  168  transaction is completed.
  169         (e)Reductions in pollutant loading required under any
  170  state regulatory program are not eligible to be considered as
  171  enhancement credits.
  172         (f)Enhancement credits may not be used by point source
  173  dischargers to satisfy regulatory requirements other than those
  174  necessary to obtain an environmental resource permit for
  175  construction and operation of the surface water management
  176  system of the site.
  177         (g)Use of enhancement credits made available by water
  178  quality enhancement areas is voluntary.
  179         (h)Any landowner, discharger, or other responsible person
  180  regulated under this part or s. 403.067 implementing applicable
  181  management strategies specified in an adopted basin management
  182  action plan or reasonable assurance plan may not be required by
  183  any permit or other enforcement action to use enhancement
  184  credits to reduce pollutant loads to achieve the pollutant
  185  reductions established pursuant to s. 403.067.
  186         (i)A local government may not deny the use of enhancement
  187  credits due to the location of the water quality enhancement
  188  area outside the jurisdiction of the local government.
  189         (j)Notwithstanding any other provision of law, nothing in
  190  this section may be construed to limit or restrict the authority
  191  of the department to deny the use of enhancement credits when
  192  the department is not reasonably assured that the use of the
  193  credits will not cause or contribute to a violation of water
  194  quality standards, even if the project being implemented by the
  195  governmental entity is within the enhancement service area. If
  196  the department receives a request for the use of enhancement
  197  credits and it determines that their use will not cause or
  198  contribute to a violation of water quality standards, the
  199  department may allow their use.
  200         (8)AUTHORITY.—The authority granted to the department
  201  under this section is supplemental to the authority granted
  202  under s. 403.067(8).
  203         (9)RULES.—The department shall adopt rules to implement
  204  this section. This section may not be implemented until the
  205  department adopts such rules.
  206  
  207  ================= T I T L E  A M E N D M E N T ================
  208  And the title is amended as follows:
  209         Delete lines 6 - 19
  210  and insert:
  211         quality enhancement areas and permits; providing
  212         requirements for such water quality enhancement area
  213         permits; requiring the Department of Environmental
  214         Protection to establish water quality enhancement
  215         service areas; providing requirements for the
  216         boundaries of such areas; requiring applicants to
  217         propose performance and success criteria monitoring
  218         and verification plans that meet certain requirements;
  219         requiring the Department of Environmental Protection
  220         to revoke a permit under certain conditions; providing
  221         requirements for enhancement credits; requiring the
  222         department and water management districts to authorize
  223         the sale and use of enhancement credits to
  224         governmental entities to address certain adverse water
  225         quality impacts and to meet certain water quality
  226         requirements; requiring the department to maintain
  227         enhancement credit ledgers; authorizing the department
  228         to deny or authorize the use of enhancement credits
  229         under certain circumstances; providing construction;
  230         requiring the department to adopt rules; delaying
  231         implementation of certain provisions until the
  232         adoption of such rules; amending s. 403.892, F.S.;
  233         correcting a