Florida 2022 Regular Session

Florida House Bill H0561 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to implementation of the 2
16	16	recommendations of the Blue -Green Algae Task Force; 3
17	17	amending s. 381.0065, F.S.; requiring owners of 4
18	18	certain onsite sewage treatment and disposal systems 5
19	19	to have the systems periodically inspected, beginning 6
20	20	on a specified date; requiring the Department of 7
21	21	Environmental Protection to administer the inspection 8
22	22	program; requiring the department to implement program 9
23	23	standards, procedures, and requirements; providing for 10
24	24	rulemaking; amending s. 403.067, F.S.; requiring new 11
25	25	or revised basin management action plans to include a 12
26	26	list that identifies and prioritizes certain spatially 13
27	27	focused projects; requiring the department to assess 14
28	28	certain projects; providing an effective date. 15
29	29	16
30	30	WHEREAS, Governor Ron DeSantis created the Blue -Green Algae 17
31	31	Task Force in 2019 to "improve water quality for the benefit of 18
32	32	all Floridians," and the task force's consensus report was 19
33	33	issued in October 2019, with multiple recommendations for basin 20
34	34	management action plans (BMAP), agriculture, human waste, 21
35	35	stormwater, technology, public health, and science, and 22
36	36	WHEREAS, the Legislature recognizes that in June 2020, 23
37	37	Governor DeSantis signed Senate Bi ll 712, the Clean Waterways 24
38	38	Act, which implemented many of the recommendations of the task 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	force, and 26
52	52	WHEREAS, full implementation of the task force's 27
53	53	recommendations will require enactment of additional substantive 28
54	54	legislation, NOW, THEREFORE, 29
55	55	30
56	56	Be It Enacted by the Legislature of the State of Florida: 31
57	57	32
58	58	Section 1. Present subsections (5), (6), and (7) of 33
59	59	section 381.0065, Florida Statutes, are redesignated as 34
60	60	subsections (6), (7), and (8), respectively, and a new 35
61	61	subsection (5) is added to that secti on, to read: 36
62	62	381.0065 Onsite sewage treatment and disposal systems; 37
63	63	regulation.— 38
64	64	(5) PERIODIC INSPECTIONS. —Effective July 1, 2025, the 39
65	65	owner of an onsite sewage treatment and disposal system, 40
66	66	excluding a system required to have an operating permit, mus t 41
67	67	have the system inspected at least once every 5 years to assess 42
68	68	the fundamental operational condition of the system, prolong the 43
69	69	life of the system, and identify any failure within the system. 44
70	70	The department shall administer an onsite sewage treatment an d 45
71	71	disposal system inspection program for such periodic 46
72	72	inspections. The department shall implement the program 47
73	73	standards, procedures, and requirements and adopt rules that 48
74	74	must include, at a minimum, all of the following: 49
75	75	(a) A schedule for a 5 -year inspection cycle. 50
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88	88	(b) A county-by-county implementation plan phased in over 51
89	89	a 10-year period, with first priority given to those areas 52
90	90	within a priority focus area for springs identified by the 53
91	91	department. 54
92	92	(c) Minimum standards for a functioning system. 55
93	93	(d) Requirements for the pumpout or repair of a failing 56
94	94	system. 57
95	95	(e) Enforcement procedures for failure of a system owner 58
96	96	to obtain an inspection of the system and failure of a 59
97	97	contractor to timely report inspection results to the department 60
98	98	and the system owner. 61
99	99	Section 2. Paragraph (a) of subsection (7) of section 62
100	100	403.067, Florida Statutes, is amended to read: 63
101	101	403.067 Establishment and implementation of total maximum 64
102	102	daily loads.— 65
103	103	(7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 66
104	104	IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS. — 67
105	105	(a) Basin management action plans. — 68
106	106	1. In developing and implementing the total maximum daily 69
107	107	load for a water body, the department, or the department in 70
108	108	conjunction with a water management district, may develop a 71
109	109	basin management action plan that addresses some or all of the 72
110	110	watersheds and basins tributary to the water body. Such plan 73
111	111	must integrate the appropriate management strategies available 74
112	112	to the state through existing water quality protection programs 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	to achieve the total maximum daily loads and may provide for 76
126	126	phased implementation of these management strategies to promote 77
127	127	timely, cost-effective actions as provided for in s. 403.151. 78
128	128	The plan must establish a schedule implementing the management 79
129	129	strategies, establish a basis for evaluating the plan's 80
130	130	effectiveness, and identify feasible funding strategies for 81
131	131	implementing the plan's management strategies. The management 82
132	132	strategies may include regional treatment systems or other 83
133	133	public works, when appropriate, and v oluntary trading of water 84
134	134	quality credits to achieve the needed pollutant load reductions. 85
135	135	2. A basin management action plan must equitably allocate, 86
136	136	pursuant to paragraph (6)(b), pollutant reductions to individual 87
137	137	basins, as a whole to all basins, or to each identified point 88
138	138	source or category of nonpoint sources, as appropriate. For 89
139	139	nonpoint sources for which best management practices have been 90
140	140	adopted, the initial requirement specified by the plan must be 91
141	141	those practices developed pursuant to paragraph (c). When 92
142	142	appropriate, the plan may take into account the benefits of 93
143	143	pollutant load reduction achieved by point or nonpoint sources 94
144	144	that have implemented management strategies to reduce pollutant 95
145	145	loads, including best management practices, before the 96
146	146	development of the basin management action plan. The plan must 97
147	147	also identify the mechanisms that will address potential future 98
148	148	increases in pollutant loading. 99
149	149	3. The basin management action planning process is 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	intended to involve the broadest possible range of interested 101
163	163	parties, with the objective of encouraging the greatest amount 102
164	164	of cooperation and consensus possible. In developing a basin 103
165	165	management action plan, the department shall assure that key 104
166	166	stakeholders, including, but not limited to, applicable local 105
167	167	governments, water management districts, the Department of 106
168	168	Agriculture and Consumer Services, other appropriate state 107
169	169	agencies, local soil and water conservation districts, 108
170	170	environmental groups, regulated interests, and affected 109
171	171	pollution sources, ar e invited to participate in the process. 110
172	172	The department shall hold at least one public meeting in the 111
173	173	vicinity of the watershed or basin to discuss and receive 112
174	174	comments during the planning process and shall otherwise 113
175	175	encourage public participation to the g reatest practicable 114
176	176	extent. Notice of the public meeting must be published in a 115
177	177	newspaper of general circulation in each county in which the 116
178	178	watershed or basin lies at least 5 days, but not more than 15 117
179	179	days, before the public meeting. A basin management a ction plan 118
180	180	does not supplant or otherwise alter any assessment made under 119
181	181	subsection (3) or subsection (4) or any calculation or initial 120
182	182	allocation. 121
183	183	4.a. Each new or revised basin management action plan must 122
184	184	shall include: 123
185	185	(I)a. The appropriate managem ent strategies available 124
186	186	through existing water quality protection programs to achieve 125
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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197	197
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199	199	total maximum daily loads, which may provide for phased 126
200	200	implementation to promote timely, cost -effective actions as 127
201	201	provided for in s. 403.151; 128
202	202	(II)b. A description of best management practices adopted 129
203	203	by rule; 130
204	204	(III)c. A list of projects in priority ranking with a 131
205	205	planning-level cost estimate and estimated date of completion 132
206	206	for each listed project; 133
207	207	(IV) A list that identifies and prioritizes spati ally 134
208	208	focused suites of projects in areas likely to yield maximum 135
209	209	pollutant reductions; 136
210	210	(V)d. The source and amount of financial assistance to be 137
211	211	made available by the department, a water management district, 138
212	212	or other entity for each listed project, if ap plicable; and 139
213	213	(VI)e. A planning-level estimate of each listed project's 140
214	214	expected load reduction, if applicable. 141
215	215	b. For each project listed pursuant to this subparagraph 142
216	216	which has a total cost that exceeds $1 million, the department 143
217	217	must assess through integrated and comprehensive monitoring 144
218	218	whether the project is working to reduce nutrient pollution or 145
219	219	water use, or both, as intended. These assessments must be 146
220	220	completed expeditiously and included in each basin management 147
221	221	action plan update. 148
222	222	5. The department shall adopt all or any part of a basin 149
223	223	management action plan and any amendment to such plan by 150
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	secretarial order pursuant to chapter 120 to implement this 151
237	237	section. 152
238	238	6. The basin management action plan must include 153
239	239	milestones for implementation an d water quality improvement, and 154
240	240	an associated water quality monitoring component sufficient to 155
241	241	evaluate whether reasonable progress in pollutant load 156
242	242	reductions is being achieved over time. An assessment of 157
243	243	progress toward these milestones shall be conduc ted every 5 158
244	244	years, and revisions to the plan shall be made as appropriate. 159
245	245	Revisions to the basin management action plan shall be made by 160
246	246	the department in cooperation with basin stakeholders. Revisions 161
247	247	to the management strategies required for nonpoint so urces must 162
248	248	follow the procedures in subparagraph (c)4. Revised basin 163
249	249	management action plans must be adopted pursuant to subparagraph 164
250	250	5. 165
251	251	7. In accordance with procedures adopted by rule under 166
252	252	paragraph (9)(c), basin management action plans, and other 167
253	253	pollution control programs under local, state, or federal 168
254	254	authority as provided in subsection (4), may allow point or 169
255	255	nonpoint sources that will achieve greater pollutant reductions 170
256	256	than required by an adopted total maximum daily load or 171
257	257	wasteload allocation to generate, register, and trade water 172
258	258	quality credits for the excess reductions to enable other 173
259	259	sources to achieve their allocation; however, the generation of 174
260	260	water quality credits does not remove the obligation of a source 175
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273	273	or activity to meet applicable technology requirements or 176
274	274	adopted best management practices. Such plans must allow trading 177
275	275	between NPDES permittees, and trading that may or may not 178
276	276	involve NPDES permittees, where the generation or use of the 179
277	277	credits involve an entity or activity not su bject to department 180
278	278	water discharge permits whose owner voluntarily elects to obtain 181
279	279	department authorization for the generation and sale of credits. 182
280	280	8. The department's rule relating to the equitable 183
281	281	abatement of pollutants into surface waters do not ap ply to 184
282	282	water bodies or water body segments for which a basin management 185
283	283	plan that takes into account future new or expanded activities 186
284	284	or discharges has been adopted under this section. 187
285	285	9. In order to promote resilient wastewater utilities, if 188
286	286	the department identifies domestic wastewater treatment 189
287	287	facilities or onsite sewage treatment and disposal systems as 190
288	288	contributors of at least 20 percent of point source or nonpoint 191
289	289	source nutrient pollution or if the department determines 192
290	290	remediation is necessary t o achieve the total maximum daily 193
291	291	load, a basin management action plan for a nutrient total 194
292	292	maximum daily load must include the following: 195
293	293	a. A wastewater treatment plan developed by each local 196
294	294	government, in cooperation with the department, the water 197
295	295	management district, and the public and private domestic 198
296	296	wastewater treatment facilities within the jurisdiction of the 199
297	297	local government, that addresses domestic wastewater. The 200
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310	310	wastewater treatment plan must: 201
311	311	(I) Provide for construction, expansion, or up grades 202
312	312	necessary to achieve the total maximum daily load requirements 203
313	313	applicable to the domestic wastewater treatment facility. 204
314	314	(II) Include the permitted capacity in average annual 205
315	315	gallons per day for the domestic wastewater treatment facility; 206
316	316	the average nutrient concentration and the estimated average 207
317	317	nutrient load of the domestic wastewater; a projected timeline 208
318	318	of the dates by which the construction of any facility 209
319	319	improvements will begin and be completed and the date by which 210
320	320	operations of the impr oved facility will begin; the estimated 211
321	321	cost of the improvements; and the identity of responsible 212
322	322	parties. 213
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324	324	The wastewater treatment plan must be adopted as part of the 215
325	325	basin management action plan no later than July 1, 2025. A local 216
326	326	government that does n ot have a domestic wastewater treatment 217
327	327	facility in its jurisdiction is not required to develop a 218
328	328	wastewater treatment plan unless there is a demonstrated need to 219
329	329	establish a domestic wastewater treatment facility within its 220
330	330	jurisdiction to improve water q uality necessary to achieve a 221
331	331	total maximum daily load. A local government is not responsible 222
332	332	for a private domestic wastewater facility's compliance with a 223
333	333	basin management action plan unless such facility is operated 224
334	334	through a public-private partnership to which the local 225
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347	347	government is a party. 226
348	348	b. An onsite sewage treatment and disposal system 227
349	349	remediation plan developed by each local government in 228
350	350	cooperation with the department, the Department of Health, water 229
351	351	management districts, and public and priva te domestic wastewater 230
352	352	treatment facilities. 231
353	353	(I) The onsite sewage treatment and disposal system 232
354	354	remediation plan must identify cost -effective and financially 233
355	355	feasible projects necessary to achieve the nutrient load 234
356	356	reductions required for onsite sewage treatment and disposal 235
357	357	systems. To identify cost -effective and financially feasible 236
358	358	projects for remediation of onsite sewage treatment and disposal 237
359	359	systems, the local government shall: 238
360	360	(A) Include an inventory of onsite sewage treatment and 239
361	361	disposal systems based on the best information available; 240
362	362	(B) Identify onsite sewage treatment and disposal systems 241
363	363	that would be eliminated through connection to existing or 242
364	364	future central domestic wastewater infrastructure in the 243
365	365	jurisdiction or domestic wastew ater service area of the local 244
366	366	government, that would be replaced with or upgraded to enhanced 245
367	367	nutrient-reducing onsite sewage treatment and disposal systems, 246
368	368	or that would remain on conventional onsite sewage treatment and 247
369	369	disposal systems; 248
370	370	(C) Estimate the costs of potential onsite sewage 249
371	371	treatment and disposal system connections, upgrades, or 250
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384	384	replacements; and 251
385	385	(D) Identify deadlines and interim milestones for the 252
386	386	planning, design, and construction of projects. 253
387	387	(II) The department shall adopt the on site sewage 254
388	388	treatment and disposal system remediation plan as part of the 255
389	389	basin management action plan no later than July 1, 2025, or as 256
390	390	required for Outstanding Florida Springs under s. 373.807. 257
391	391	10. When identifying wastewater projects in a basin 258
392	392	management action plan, the department may not require the 259
393	393	higher cost option if it achieves the same nutrient load 260
394	394	reduction as a lower cost option. A regulated entity may choose 261
395	395	a different cost option if it complies with the pollutant 262
396	396	reduction requirements o f an adopted total maximum daily load 263
397	397	and meets or exceeds the pollution reduction requirement of the 264
398	398	original project. 265
399	399	Section 3. This act shall take effect July 1, 2022. 266