Bill Text: FL S1686 | 2017 | Regular Session | Introduced
Bill Title: Reclaimed Water
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-05-05 - Died in Environmental Preservation and Conservation, companion bill(s) passed, see CS/SB 10 (Ch. 2017-10) [S1686 Detail]
Download: Florida-2017-S1686-Introduced.html
Florida Senate - 2017 SB 1686 By Senator Simmons 9-00761C-17 20171686__ 1 A bill to be entitled 2 An act relating to reclaimed water; providing 3 legislative findings; amending s. 215.44, F.S.; 4 revising a report that the Board of Administration 5 must provide to the Legislature to include a summary 6 of certain water supply investments; creating s. 7 215.4745, F.S.; requiring the Office of Program Policy 8 Analysis and Government Accountability to perform an 9 annual review of the board in certain potential water 10 supply projects and submit an annual report to the 11 board and the Legislature; authorizing the office to 12 consult with the board, the Department of 13 Environmental Protection, the water management 14 districts, the Office of Economic and Demographic 15 Research, and other entities as necessary; specifying 16 the components of the annual review; amending s. 17 373.250, F.S.; providing legislative findings; 18 authorizing each water management district to adopt 19 rules providing water reuse incentives; amending s. 20 373.709, F.S.; requiring that any project that 21 proposes to beneficially reuse reclaimed water be 22 included in a list of water supply development project 23 options as part of a regional water supply plan; 24 requiring reclaimed water facilities that currently 25 discharge reclaimed water into surface waters and that 26 are located within an area for which a regional water 27 supply plan has been developed to submit a reclaimed 28 water utilization plan to eliminate certain discharges 29 into surface waters; deleting obsolete language; 30 amending s. 403.852, F.S.; defining the term “direct 31 potable reuse”; amending s. 403.853, F.S.; requiring 32 the department to submit a report recommending 33 criteria for the regulation of direct potable reuse; 34 requiring that the department develop the report in 35 coordination with certain entities and persons; 36 requiring the department to hold public meetings and 37 publish on its website a draft of the report before 38 submitting it to the Governor and the Legislature; 39 authorizing the department to adopt rules; providing 40 that certain rules may not take effect until a 41 specified time; amending s. 403.890, F.S.; revising 42 the distribution of revenues deposited into or 43 appropriated to the Water Protection and 44 Sustainability Program Trust Fund to allow 45 distribution only for the implementation of an 46 alternative water supply program; providing an 47 effective date. 48 49 Be It Enacted by the Legislature of the State of Florida: 50 51 Section 1. The Legislature finds that sufficient water 52 availability is a paramount concern for existing and future 53 reasonable-beneficial uses and natural systems in this state. 54 The projected population of this state is estimated to exceed 25 55 million by the year 2040, and cooperative efforts between 56 municipalities, counties, utility companies, private landowners, 57 water consumers, water management districts, regional water 58 supply authorities, the Department of Environmental Protection, 59 and the Department of Agriculture and Consumer Services are 60 necessary in order to meet water needs in a manner that will 61 supply adequate and dependable supplies of water where needed 62 without bringing about adverse effects upon the area from which 63 water is withdrawn. Water supply projects should employ all 64 practical means of obtaining water, including, but not limited 65 to, withdrawals of surface water and groundwater, reclaimed 66 water, and desalination, and properly implementing these 67 projects will require cooperation and well-coordinated 68 activities. Therefore, it is the policy of this state that 69 projects to increase water supply be planned on a regional 70 basis. 71 Section 2. Present paragraph (f) of subsection (5) of 72 section 215.44, Florida Statutes, is redesignated as paragraph 73 (g), and a new paragraph (f) is added to that subsection, to 74 read: 75 215.44 Board of Administration; powers and duties in 76 relation to investment of trust funds.— 77 (5) On or before January 1 of each year, the board shall 78 provide to the Legislature a report including the following 79 items for each fund which, by law, has been entrusted to the 80 board for investment: 81 (f) A summary of the type and amount of potential water 82 supply investments that will have the effect of increasing water 83 supply in the state on a regional basis. 84 Section 3. Section 215.4745, Florida Statutes, is created 85 to read: 86 215.4745 Analyses of water supply investments.—The Office 87 of Program Policy Analysis and Government Accountability shall 88 perform an annual review of investments made in Florida-based 89 potential water supply projects by the State Board of 90 Administration and submit its findings to the State Board of 91 Administration, the President of the Senate, and the Speaker of 92 the House of Representatives by January 15 of each year. The 93 findings of the analysis of the review may be combined with the 94 findings reported under s. 215.474. The office may consult with 95 the board, the Department of Environmental Protection, the water 96 management districts, the Office of Economic and Demographic 97 Research, and other entities as necessary to obtain and evaluate 98 the information requested. The annual review must include: 99 (1) The dollar amount of potential water supply investments 100 in the state made by the board during the previous year ending 101 June 30 and that investment’s percentage share of the system 102 trust fund’s current net assets. 103 (2) A list of investments in the state which are identified 104 by the board as potential water supply investments, within each 105 asset class. 106 (3) An estimate of the amount of water that will become 107 available through each potential investment, based on the region 108 of the state. 109 (4) An analysis of the direct and indirect economic 110 benefits to the state resulting from the potential water supply 111 investments. 112 Section 4. Paragraph (c) is added to subsection (1) of 113 section 373.250, Florida Statutes, and subsection (9) is added 114 to that section, to read: 115 373.250 Reuse of reclaimed water.— 116 (1) 117 (c) The Legislature recognizes that the need to identify 118 sources of potable water is of paramount concern to the state as 119 its population continues to grow. The Legislature further 120 recognizes that direct potable reuse, as defined in s. 403.852, 121 may provide the state with a valuable tool in ensuring that it 122 has the water supply necessary to meet its growing demands. 123 (9) In order to promote the reuse of reclaimed water during 124 the term of the permit and to produce significant water savings 125 beyond those required in a consumptive use permit, a water 126 management district may adopt rules providing water reuse 127 incentives. Such incentives may include limited permit 128 extensions. 129 Section 5. Paragraph (a) of subsection (2) and subsection 130 (9) of section 373.709, Florida Statutes, are amended to read: 131 373.709 Regional water supply planning.— 132 (2) Each regional water supply plan must be based on at 133 least a 20-year planning period and must include, but need not 134 be limited to: 135 (a) A water supply development component for each water 136 supply planning region identified by the district which 137 includes: 138 1. A quantification of the water supply needs for all 139 existing and future reasonable-beneficial uses within the 140 planning horizon. The level-of-certainty planning goal 141 associated with identifying the water supply needs of existing 142 and future reasonable-beneficial uses must be based upon meeting 143 those needs for a 1-in-10-year drought event. 144 a. Population projections used for determining public water 145 supply needs must be based upon the best available data. In 146 determining the best available data, the district shall consider 147 the University of Florida Bureau of Economic and Business 148 Research (BEBR) medium population projections and population 149 projection data and analysis submitted by a local government 150 pursuant to the public workshop described in subsection (1) if 151 the data and analysis support the local government’s 152 comprehensive plan. Any adjustment of or deviation from the BEBR 153 projections must be fully described, and the original BEBR data 154 must be presented along with the adjusted data. 155 b. Agricultural demand projections used for determining the 156 needs of agricultural self-suppliers must be based upon the best 157 available data. In determining the best available data for 158 agricultural self-supplied water needs, the district shall 159 consider the data indicative of future water supply demands 160 provided by the Department of Agriculture and Consumer Services 161 pursuant to s. 570.93 and agricultural demand projection data 162 and analysis submitted by a local government pursuant to the 163 public workshop described in subsection (1), if the data and 164 analysis support the local government’s comprehensive plan. Any 165 adjustment of or deviation from the data provided by the 166 Department of Agriculture and Consumer Services must be fully 167 described, and the original data must be presented along with 168 the adjusted data. 169 2. A list of water supply development project options, 170 including traditional and alternative water supply project 171 options that are technically and financially feasible, from 172 which local government, government-owned and privately owned 173 utilities, regional water supply authorities, 174 multijurisdictional water supply entities, self-suppliers, and 175 others may choose for water supply development. In addition to 176 projects listed by the district, such users may propose specific 177 projects for inclusion in the list of alternative water supply 178 projects. If such users propose a project to be listed as an 179 alternative water supply project, the district shall determine 180 whether it meets the goals of the plan, and, if so, it shall be 181 included in the list. Any project that proposes beneficially 182 reusing reclaimed water shall be included in the list. The total 183 capacity of the projects included in the plan must exceed the 184 needs identified in subparagraph 1. and take into account water 185 conservation and other demand management measures, as well as 186 water resources constraints, including adopted minimum flows and 187 minimum water levels and water reservations. Where the district 188 determines it is appropriate, the plan should specifically 189 identify the need for multijurisdictional approaches to project 190 options that, based on planning level analysis, are appropriate 191 to supply the intended uses and that, based on such analysis, 192 appear to be permittable and financially and technically 193 feasible. The list of water supply development options must 194 contain provisions that recognize that alternative water supply 195 options for agricultural self-suppliers are limited. 196 3. For each project option identified in subparagraph 2., 197 the following must be provided: 198 a. An estimate of the amount of water to become available 199 through the project. 200 b. The timeframe in which the project option should be 201 implemented and the estimated planning-level costs for capital 202 investment and operating and maintaining the project. 203 c. An analysis of funding needs and sources of possible 204 funding options. For alternative water supply projects, the 205 water management districts shall provide funding assistance 206 pursuant to s. 373.707(8). 207 d. Identification of the entity that should implement each 208 project option and the current status of project implementation. 209 (9) Notwithstanding any other provision of this chapter or 210 chapter 403, reclaimed water facilities that currently discharge 211 reclaimed water into surface waters and that are located within 212 an area for which a regional water supply plan has been 213 developed shall submit to the applicable water management 214 district a reclaimed water utilization plan establishing a plan 215 to eliminate discharges of reclaimed water into surface waters 216For any regional water supply plan that is scheduled to be217updated before December 31, 2005, the deadline for such update218shall be extended by 1 year. 219 Section 6. Section 403.852, Florida Statutes, is reordered 220 and amended to read: 221 403.852 Definitions; ss. 403.850-403.864.—As used in ss. 222 403.850-403.864: 223 (4)(1)“Department” means the Department of Environmental 224 Protection, which is charged with the primary responsibility for 225 the administration and implementation of the Florida Safe 226 Drinking Water Act. 227 (5) “Direct potable reuse” refers to the use of reclaimed 228 water that is purified sufficiently to meet or exceed federal 229 and state drinking water standards, is safe for human 230 consumption, and is distributed directly into a potable water 231 supply distribution system. 232 (15)(2)“Public water system” means a system for the 233 provision to the public of water for human consumption through 234 pipes or other constructed conveyances if such system has at 235 least 15 service connections or regularly serves at least 25 236 individuals daily at least 60 days out of the year. A public 237 water system is either a community water system or a 238 noncommunity water system. The term “public water system” 239 includes: 240 (a) Any collection, treatment, storage, and distribution 241 facility or facilities under control of the operator of such 242 system and used primarily in connection with such system. 243 (b) Any collection or pretreatment storage facility or 244 facilities not under control of the operator of such system but 245 used primarily in connection with such system. 246 (2)(3)“Community water system” means a public water system 247 which serves at least 15 service connections used by year-round 248 residents or regularly serves at least 25 year-round residents. 249 (11)(4)“Noncommunity water system” means a public water 250 system that is not a community water system. A noncommunity 251 water system is either a nontransient noncommunity water system 252 or a transient noncommunity water system. 253 (13)(5)“Person” means an individual, public or private 254 corporation, company, association, partnership, municipality, 255 agency of the state, district, federal agency, or any other 256 legal entity, or its legal representative, agent, or assigns. 257 (8)(6)“Municipality” means a city, town, or other public 258 body created by or pursuant to state law or an Indian tribal 259 organization authorized by law. 260 (7) “Federal agency” means any department, agency, or 261 instrumentality of the United States Government. 262 (18)(8)“Supplier of water” means any person who owns or 263 operates a public water system. 264 (3)(9)“Contaminant” means any physical, chemical, 265 biological, or radiological substance or matter in water. 266 (1)(10)“Administrator” means the administrator of the 267 United States Environmental Protection Agency. 268 (6)(11)“Federal act” means the Safe Drinking Water Act, 269 Pub. L. No. 93-523. 270 (14)(12)“Primary drinking water regulation” means a rule 271 which: 272 (a) Applies to public water systems; 273 (b) Specifies contaminants which, in the judgment of the 274 department, after consultation with the Department of Health, 275 may have an adverse effect on the health of the public; 276 (c) Specifies for each such contaminant either: 277 1. A maximum contaminant level if, in the judgment of the 278 department, it is economically and technologically feasible to 279 ascertain the level of such contaminant in water in public water 280 systems; or 281 2. Each treatment technique known to the department which 282 leads to a reduction in the level of the contaminant sufficient 283 to satisfy the requirements of s. 403.853 if, in the judgment of 284 the department, it is not economically or technologically 285 feasible to ascertain the level of such contaminant; and 286 (d) Contains criteria and procedures to assure a supply of 287 drinking water which dependably complies with such maximum 288 contaminant levels, including quality control and testing 289 procedures to assure compliance with such levels and to ensure 290 proper operation and maintenance of the system, and which 291 contains requirements as to: 292 1. The minimum quality of water which may be taken into the 293 system; and 294 2. Siting for new facilities for public water systems. 295 (17)(13)“Secondary drinking water regulation” means a rule 296 which: 297 (a) Applies to public water systems; and 298 (b) Specifies the maximum contaminant levels which, in the 299 judgment of the department after public hearings, are requisite 300 to protect the public welfare. Such regulation may apply to any 301 contaminant in drinking water: 302 1. Which may adversely affect the odor or appearance of 303 such water and consequently may cause a substantial number of 304 the persons served by the public water system providing such 305 water to discontinue its use; or 306 2. Which may otherwise adversely affect the public welfare. 307 308 Such regulations may vary according to geographic and other 309 circumstances. 310 (9)(14)“National primary drinking water regulations” means 311 primary drinking water regulations promulgated by the 312 administrator pursuant to the federal act. 313 (10)(15)“National secondary drinking water regulations” 314 means secondary drinking water regulations promulgated by the 315 administrator pursuant to the federal act. 316 (16) “Sanitary survey” means an onsite review of the water 317 source, facilities, equipment, operation, and maintenance of a 318 public water system for the purpose of evaluating the adequacy 319 of such source, facilities, equipment, operation, and 320 maintenance for producing and distributing safe drinking water. 321 (12)(17)“Nontransient noncommunity water system” means a 322 noncommunity water system that regularly serves at least 25 of 323 the same persons over 6 months per year. 324 (19)(18)“Transient noncommunity water system” means a 325 noncommunity water system that has at least 15 service 326 connections or regularly serves at least 25 persons daily at 327 least 60 days out of the year but that does not regularly serve 328 25 or more of the same persons for more than 6 months per year. 329 Section 7. Subsections (8) and (9) are added to section 330 403.853, Florida Statutes, to read: 331 403.853 Drinking water standards.— 332 (8) By December 31, 2018, the department shall submit to 333 the Governor, the President of the Senate, and the Speaker of 334 the House of Representatives a report with recommendations for 335 criteria for the regulation of direct potable reuse. The report 336 may also include technical information helpful in understanding 337 the treatment processes available to achieve such criteria. The 338 report shall be developed in coordination with the State Surgeon 339 General, the Department of Health, stakeholders, and the general 340 public, and must include recommendations that are protective of 341 human health and the environment. Before submitting the report, 342 the department must hold at least three public meetings on the 343 report. Additionally, the department must publish a final draft 344 on its website no later than October 1, 2018, and solicit public 345 comment on the recommendations. 346 (9) No sooner than July 1, 2019, the department may 347 initiate rulemaking to adopt criteria for direct potable reuse. 348 If the rule does not require ratification pursuant to s. 349 120.541(3), it may not become effective until the conclusion of 350 the next regular session of the Legislature following its 351 adoption. 352 Section 8. Section 403.890, Florida Statutes, is amended to 353 read: 354 403.890 Water Protection and Sustainability Program. 355 Revenues deposited into or appropriated to the Water Protection 356 and Sustainability Program Trust Fund shall be distributed by 357 the Department of Environmental Protectionin the following358manner:359(1) Sixty-five percent to the Department of Environmental360Protectionfor the implementation of an alternative water supply 361 program as provided in s. 373.707. 362(2) Twenty-two and five-tenths percent for the363implementation of best management practices and capital project364expenditures necessary for the implementation of the goals of365the total maximum daily load program established in s. 403.067.366Of these funds, 83.33 percent shall be transferred to the credit367of the Department of Environmental Protection Water Quality368Assurance Trust Fund to address water quality impacts associated369with nonagricultural nonpoint sources. Sixteen and sixty-seven370hundredths percent of these funds shall be transferred to the371Department of Agriculture and Consumer Services General372Inspection Trust Fund to address water quality impacts373associated with agricultural nonpoint sources. These funds shall374be used for research, development, demonstration, and375implementation of the total maximum daily load program under s.376403.067, suitable best management practices or other measures377used to achieve water quality standards in surface waters and378water segments identified pursuant to s. 303(d) of the Clean379Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.380Implementation of best management practices and other measures381may include cost-share grants, technical assistance,382implementation tracking, and conservation leases or other383agreements for water quality improvement. The Department of384Environmental Protection and the Department of Agriculture and385Consumer Services may adopt rules governing the distribution of386funds for implementation of capital projects, best management387practices, and other measures. These funds shall not be used to388abrogate the financial responsibility of those point and389nonpoint sources that have contributed to the degradation of390water or land areas. Increased priority shall be given by the391department and the water management district governing boards to392those projects that have secured a cost-sharing agreement393allocating responsibility for the cleanup of point and nonpoint394sources.395(3) Twelve and five-tenths percent to the Department of396Environmental Protection for the Disadvantaged Small Community397Wastewater Grant Program as provided in s. 403.1838.398(4)On June 30, 2009, and every 24 months thereafter, the 399 Department of Environmental Protection shall request the return 400 of all unencumbered funds distributed pursuant to this section. 401 These funds shall be deposited into the Water Protection and 402 Sustainability Program Trust Fund and redistributed pursuant to 403the provisions ofthis section. 404 Section 9. This act shall take effect July 1, 2017.