FL
Florida House Bill H0965

Florida 2022 Regular Session

Florida House Bill H0965 Compare Versions

OldNewDifferences
11
2-ENROLLED
3-CS/CS/CS/HB 965, Engrossed 1 2022 Legislature
2+
3+CS/CS/CS/HB 965, Engrossed 1 2022
44
55
66
77 CODING: Words stricken are deletions; words underlined are additions.
8-hb0965-05-er
8+hb0965-04-e1
99 Page 1 of 13
1010 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
1111
1212
1313
14- 1
14+A bill to be entitled 1
1515 An act relating to environmental management; creating 2
1616 s. 373.4134, F.S.; providing legislative findings and 3
1717 intent; providing definitions; providing for water 4
1818 quality enhancement areas, water quality enhancement 5
1919 area permits, water quality enhancement service areas, 6
2020 and enhancement credits; providing requirements for 7
2121 such areas, permits, and credits; directing the 8
2222 Department of Environmental Protection and water 9
2323 management districts to authorize the sale and use of 10
2424 enhancement credits for specified purposes; providing 11
2525 construction; providing that the authority of the act 12
2626 is supplemental; directing the department to maintain 13
2727 enhancement credit ledgers; authorizing the department 14
2828 to adopt rules; providing amending s. 403.892, F.S.; 15
2929 correcting a cross-reference; revising requirements 16
3030 for developers and homebuilders to qualify for 17
3131 graywater technology incentives; providing that 18
3232 certain occupancy is not eligibility cri terion for 19
3333 such incentives; requiring the department to adopt and 20
3434 modify specified rules; providing rulemaking 21
3535 requirements; providing an effective date. 22
3636 23
3737 Be It Enacted by the Legislature of the State of Florida: 24
3838 25
39-ENROLLED
40-CS/CS/CS/HB 965, Engrossed 1 2022 Legislature
39+
40+CS/CS/CS/HB 965, Engrossed 1 2022
4141
4242
4343
4444 CODING: Words stricken are deletions; words underlined are additions.
45-hb0965-05-er
45+hb0965-04-e1
4646 Page 2 of 13
4747 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
4848
4949
5050
5151 Section 1. Section 373.4134, Flori da Statutes, is created 26
5252 to read: 27
5353 373.4134 Water quality enhancement areas. - 28
5454 (1) LEGISLATIVE FINDINGS AND INTENT. -The Legislature finds 29
5555 that: 30
5656 (a) Water quality will be improved and adverse water 31
5757 quality impacts of activities regulated under this part may be 32
5858 addressed by the construction, operation, maintenance, and long -33
5959 term management of water quality enhancement areas that provide 34
6060 offsite compensatory treatment. 35
6161 (b) An expansion of existing authority for regional 36
6262 treatment to include offsite compen satory treatment in water 37
6363 quality enhancement areas to make enhancement credits available 38
6464 for purchase by governmental entities to address impacts 39
6565 regulated under this part is needed. 40
6666 (c) The construction, operation, maintenance, and long -41
6767 term management of water quality enhancement areas under this 42
6868 section will improve the certainty and long -term viability of 43
6969 water quality treatment systems. 44
7070 (d) Water quality enhancement areas are a valuable tool to 45
7171 assist governmental entities in satisfying the net im provement 46
7272 performance standard under s. 373.414(1)(b)3. to ensure 47
7373 significant reductions of pollutant loadings. 48
7474 (e) Water quality enhancement areas that provide water 49
7575 quality enhancement credits to governmental entities seeking 50
76-ENROLLED
77-CS/CS/CS/HB 965, Engrossed 1 2022 Legislature
76+
77+CS/CS/CS/HB 965, Engrossed 1 2022
7878
7979
8080
8181 CODING: Words stricken are deletions; words underlined are additions.
82-hb0965-05-er
82+hb0965-04-e1
8383 Page 3 of 13
8484 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
8585
8686
8787
8888 permits under this part an d governmental entities seeking to 51
8989 meet an assigned basin management action plan allocation or 52
9090 reasonable assurance plan under s. 403.067 are considered an 53
9191 appropriate and permittable option. 54
9292 (2) DEFINITIONS.-As used in this section, the term: 55
9393 (a) "Enhancement credit" means a standard unit of measure 56
9494 that represents a quantity of pollutant removed. 57
9595 (b) "Governmental entity" means any political subdivision 58
9696 of the state, including any state agency, department, county, 59
9797 municipality, special district, sch ool district, utility 60
9898 authority, or other authority or instrumentality, agency, unit, 61
9999 or department thereof. 62
100100 (c) "Natural system" means an ecological system supporting 63
101101 aquatic and wetland-dependent natural resources, including fish 64
102102 and aquatic and wetland-dependent wildlife habitats. 65
103103 (d) "Water quality enhancement area" means a natural 66
104104 system constructed, operated, managed, and maintained for the 67
105105 purpose of providing offsite regional treatment for which 68
106106 enhancement credits may be provided pursuant to a water quality 69
107107 enhancement area permit issued under this section. 70
108108 (e) "Water quality enhancement area permit" means an 71
109109 environmental resource permit issued for a water quality 72
110110 enhancement area which authorizes the construction, operation, 73
111111 management, and maintenance of an enhancement area and the 74
112112 purchase and sale of enhancement credits. 75
113-ENROLLED
114-CS/CS/CS/HB 965, Engrossed 1 2022 Legislature
113+
114+CS/CS/CS/HB 965, Engrossed 1 2022
115115
116116
117117
118118 CODING: Words stricken are deletions; words underlined are additions.
119-hb0965-05-er
119+hb0965-04-e1
120120 Page 4 of 13
121121 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
122122
123123
124124
125125 (3) WATER QUALITY ENHANCEMENT AREAS. - 76
126126 (a) The construction, operation, management, and 77
127127 maintenance of a water quality enhancement area must be approved 78
128128 through the environmental resource permitting process. 79
129129 (b) Water quality enhancement credits may be sold only to 80
130130 governmental entities seeking to meet an assigned basin 81
131131 management action plan allocation or reasonable assurance plan 82
132132 or for the purpose of achieving net improvement under s. 83
133133 373.414(1)(b)3. after the governmental entity has provided 84
134134 reasonable assurance of meeting department rules for design and 85
135135 construction of all onsite stormwater management. 86
136136 (c) A water quality enhancement area must be used to 87
137137 address contributions of one or more pollutants or other 88
138138 constituents in the watershed, basin, sub -basin, targeted 89
139139 restoration area, waterbody, or section of waterbody, as 90
140140 determined by the department, in which the water quality 91
141141 enhancement area is located t hat do not meet applicable state 92
142142 water quality criteria. 93
143143 (d) A water quality enhancement area must be used to 94
144144 create, improve, or use natural systems to improve water 95
145145 quality. 96
146146 (e) A governmental entity may use a water quality 97
147147 enhancement area for its o wn water quality needs. However, a 98
148148 governmental entity may not act as a sponsor to construct, 99
149149 operate, manage, or maintain a water quality enhancement area or 100
150-ENROLLED
151-CS/CS/CS/HB 965, Engrossed 1 2022 Legislature
150+
151+CS/CS/CS/HB 965, Engrossed 1 2022
152152
153153
154154
155155 CODING: Words stricken are deletions; words underlined are additions.
156-hb0965-05-er
156+hb0965-04-e1
157157 Page 5 of 13
158158 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
159159
160160
161161
162162 market enhancement credits to third parties. 101
163163 (f) A local government may not require a permit or 102
164164 otherwise impose regulations governing the operation of a water 103
165165 quality enhancement area. 104
166166 (g) This section does not eliminate the obligation of an 105
167167 applicant for a water quality enhancement area permit or an 106
168168 applicant proposing to use enhancement credits to comply with 107
169169 all requirements of this part pertaining to adverse impacts to 108
170170 water quality in receiving waters and adjacent lands or 109
171171 wetlands. 110
172172 (4) WATER QUALITY ENHANCEMENT AREA PERMIT. - 111
173173 (a) To obtain a water quality enhancement area permit, the 112
174174 applicant must provide reasonable assurances that the proposed 113
175175 water quality enhancement area will be used to: 114
176176 1. Meet the requirements for issuance of an environmental 115
177177 resource permit; 116
178178 2. Benefit water quality in the watershed in which the 117
179179 water quality enhancement area is located; 118
180180 3. Meet defined performance or success criteria for the 119
181181 reduction of one or more pollutants or other constituents that 120
182182 prevent receiving waters from meeting applicable state water 121
183183 quality criteria; 122
184184 4. Ensure long-term pollutant reduction through effective 123
185185 operation and maintenance in perpetuity by designation of a 124
186186 responsible long-term maintenance entity supported by an 125
187-ENROLLED
188-CS/CS/CS/HB 965, Engrossed 1 2022 Legislature
187+
188+CS/CS/CS/HB 965, Engrossed 1 2022
189189
190190
191191
192192 CODING: Words stricken are deletions; words underlined are additions.
193-hb0965-05-er
193+hb0965-04-e1
194194 Page 6 of 13
195195 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
196196
197197
198198
199199 endowment or other long -term financial assurance sufficient to 126
200200 ensure perpetual operation and maintenance; 127
201201 5. Demonstrate sufficient legal or equitable interest in 128
202202 the property to ensure access and perpetual protection and 129
203203 management of the land within the water quality enhancement 130
204204 area; and 131
205205 6. Provide for permanent preservation of the water quality 132
206206 enhancement area that meets the requirements of s. 704.06. 133
207207 (b) The water quality enhancement area permit must provide 134
208208 for the assessment, valuation, and award of credits based on 135
209209 units of pollutants removed. 136
210210 (c) The department shall base its determination of the 137
211211 award of enhancement credits on standard numerical models or 138
212212 analytical tools that establish the ability of the water quality 139
213213 enhancement area to remove pollutants or constituents. 140
214214 1. If a basin management action plan exists for the 141
215215 watershed in which the water quality enhancement area is 142
216216 located, the applicant must use the same numerical models or 143
217217 analytical tools used for that basin management action plan in 144
218218 the water quality enhancement area permit application. 145
219219 2. If a basin management action plan does not exist for 146
220220 the watershed in which the water quality enhancement area is 147
221221 located, the applicant, with the approval of the department, may 148
222222 submit as part of the water quality enhancement area permit 149
223223 application model parameters and results used in a numerical 150
224-ENROLLED
225-CS/CS/CS/HB 965, Engrossed 1 2022 Legislature
224+
225+CS/CS/CS/HB 965, Engrossed 1 2022
226226
227227
228228
229229 CODING: Words stricken are deletions; words underlined are additions.
230-hb0965-05-er
230+hb0965-04-e1
231231 Page 7 of 13
232232 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
233233
234234
235235
236236 model or analytical tool used by the department to develop a 151
237237 basin management action plan for a watershed with similar 152
238238 physical characteristics and pollutants as the watershed in 153
239239 which the proposed water quality enhancement area is to be 154
240240 located. 155
241241 3. If the department determines that its numerical model 156
242242 or analytical tool used for a basin management action plan is 157
243243 not appropriate for the proposed water quality enhancement area, 158
244244 the applicant must use a standard numerical model or analytical 159
245245 tool for the proposed water quality enhancement area. 160
246246 4. To assist the department in evaluating and determining 161
247247 enhancement credits, a water quality enhancement area permit 162
248248 application must include the numerical model or analytical tool 163
249249 results used to establish the efficacy of the water quality 164
250250 enhancement area. Supporting information must include, but need 165
251251 not be limited to: 166
252252 a. Rainfall data over the longest period of record 167
253253 available collected from the closest site to the proposed water 168
254254 quality enhancement area, preferably within the same drainage 169
255255 basin. 170
256256 b. Anticipated average annual water quality and quantity 171
257257 inflows to the proposed water quality enhancement area, based on 172
258258 published local data collected over a period of record that most 173
259259 closely matches the rainfall data collected under this 174
260260 paragraph. 175
261-ENROLLED
262-CS/CS/CS/HB 965, Engrossed 1 2022 Legislature
261+
262+CS/CS/CS/HB 965, Engrossed 1 2022
263263
264264
265265
266266 CODING: Words stricken are deletions; words underlined are additions.
267-hb0965-05-er
267+hb0965-04-e1
268268 Page 8 of 13
269269 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
270270
271271
272272
273273 c. Site-specific conditions affecting the anticipated 176
274274 performance of the proposed water quality enhancement area, 177
275275 including the proposed treatment type and the anticipated 178
276276 associated reduction rates, as demonstrated by the performance 179
277277 of other areas where the treatment type has been established and 180
278278 operating over a minimum of two consecutive wet and dry seasons. 181
279279 d. Data provided pursuant to sub -subparagraphs a. and b. 182
280280 must be from monitoring s tations the department deems sufficient 183
281281 to determine flows and local water quality conditions. 184
282282 (d) The issuance of a water quality enhancement area 185
283283 permit under this section does not preclude the responsibility 186
284284 of an applicant to obtain other applicable federal, state, and 187
285285 local permits for construction activities associated with the 188
286286 water quality enhancement area. 189
287287 (5) WATER QUALITY ENHANCEMENT SERVICE AREA. -The department 190
288288 shall establish a water quality enhancement service area for 191
289289 each water quality e nhancement area. Enhancement credits may be 192
290290 withdrawn and used only to address adverse impacts in the 193
291291 enhancement service area. The boundaries of the enhancement 194
292292 service area shall depend upon the geographic area in which the 195
293293 water quality enhancement area could reasonably be expected to 196
294294 address adverse impacts. Enhancement service areas may overlap, 197
295295 and enhancement service areas for two or more water quality 198
296296 enhancement areas may be approved for a regional watershed. 199
297297 (6) MONITORING AND VERIFICATION. — 200
298-ENROLLED
299-CS/CS/CS/HB 965, Engrossed 1 2022 Legislature
298+
299+CS/CS/CS/HB 965, Engrossed 1 2022
300300
301301
302302
303303 CODING: Words stricken are deletions; words underlined are additions.
304-hb0965-05-er
304+hb0965-04-e1
305305 Page 9 of 13
306306 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
307307
308308
309309
310310 (a) An applicant for a water quality enhancement area 201
311311 permit must propose a performance and success criteria 202
312312 monitoring and verification plan, with protocols to be 203
313313 implemented once the water quality enhancement area is 204
314314 operational. The protocols must be app ropriate for the water 205
315315 quality enhancement area and sufficient to demonstrate that the 206
316316 area is meeting defined performance or success criteria for the 207
317317 reduction of pollutants or contaminants for which credits are 208
318318 awarded by the department. 209
319319 (b) If a permittee fails to comply with the conditions of 210
320320 a water quality enhancement area permit, the department must 211
321321 revoke the ability of the permittee to sell enhancement credits 212
322322 until the water quality enhancement area complies with the 213
323323 permit conditions. 214
324324 (7) ENHANCEMENT CREDITS.- 215
325325 (a) The department or water management district shall 216
326326 authorize the sale and use of enhancement credits to 217
327327 governmental entities to address adverse water quality impacts 218
328328 of activities regulated under this part or to assist 219
329329 governmental entities seeking to meet required nonpoint source 220
330330 contribution reductions assigned in a basin management action 221
331331 plan or reasonable assurance plan under s. 403.067. 222
332332 (b) Before approving the use of enhancement credits, the 223
333333 department or water management d istrict must determine that the 224
334-ENROLLED
335-CS/CS/CS/HB 965, Engrossed 1 2022 Legislature
334+
335+CS/CS/CS/HB 965, Engrossed 1 2022
336336
337337
338338
339339 CODING: Words stricken are deletions; words underlined are additions.
340-hb0965-05-er
340+hb0965-04-e1
341341 Page 10 of 13
342342 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
343343
344344
345345
346346 enhancement credits used by an applicant seeking a permit under 225
347347 this part are appropriate for a specific permit use. 226
348348 (c) Water quality improvement projects using natural 227
349349 systems or land use modifications, including, but no t limited 228
350350 to, constructed wetlands or minor impoundments that reduce 229
351351 pollutants to a receiving water body, may be used by an 230
352352 applicant to generate enhancement credits if approved by the 231
353353 department. Water quality enhancement areas may not be located 232
354354 on lands purchased for conservation pursuant to the Florida 233
355355 Forever Act or the Florida Preservation 2000 Act. 234
356356 (d) The department shall provide for and maintain a ledger 235
357357 to track the award, release, and use of enhancement credits. 236
358358 1. A water management distric t that authorizes applicants 237
359359 seeking permits under this part to use enhancement credits to 238
360360 address water quality impacts must report to the department the 239
361361 amount of enhancement credits used by the applicants. 240
362362 2. The operator of a water quality enhancemen t area shall 241
363363 notify the department of the amount of enhancement credits sold 242
364364 or used within 30 days after the date the enhancement credit 243
365365 transaction is completed. 244
366366 (e) Reductions in pollutant loading required under any 245
367367 state regulatory program are not el igible to be considered as 246
368368 enhancement credits. 247
369369 (f) Enhancement credits may not be used by point source 248
370370 dischargers to satisfy regulatory requirements other than those 249
371-ENROLLED
372-CS/CS/CS/HB 965, Engrossed 1 2022 Legislature
371+
372+CS/CS/CS/HB 965, Engrossed 1 2022
373373
374374
375375
376376 CODING: Words stricken are deletions; words underlined are additions.
377-hb0965-05-er
377+hb0965-04-e1
378378 Page 11 of 13
379379 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
380380
381381
382382
383383 necessary to obtain an environmental resource permit for 250
384384 construction and operation of the surface water management 251
385385 system of the site. 252
386386 (g) Use of enhancement credits made available by water 253
387387 quality enhancement areas is voluntary. 254
388388 (h) Any landowner, discharger, or other responsible person 255
389389 regulated under this part or s. 403.067 implemen ting applicable 256
390390 management strategies specified in an adopted basin management 257
391391 action plan or reasonable assurance plan may not be required by 258
392392 any permit or other enforcement action to use enhancement 259
393393 credits to reduce pollutant loads to achieve the pollut ant 260
394394 reductions established pursuant to s. 403.067. 261
395395 (i) A local government may not deny the use of enhancement 262
396396 credits due to the location of the water quality enhancement 263
397397 area outside the jurisdiction of the local government. 264
398398 (j) Notwithstanding any ot her law, this section does not 265
399399 limit or restrict the authority of the department to deny the 266
400400 use of enhancement credits when the department is not reasonably 267
401401 assured that the use of the credits will not cause or contribute 268
402402 to a violation of water quality s tandards, even if the project 269
403403 being implemented by the governmental entity is within the 270
404404 enhancement service area. The department may allow the use of 271
405405 enhancement credits if the department receives a request for the 272
406406 use of enhancement credits and determine s that such use will not 273
407407 cause or contribute to a violation of water quality standards. 274
408-ENROLLED
409-CS/CS/CS/HB 965, Engrossed 1 2022 Legislature
408+
409+CS/CS/CS/HB 965, Engrossed 1 2022
410410
411411
412412
413413 CODING: Words stricken are deletions; words underlined are additions.
414-hb0965-05-er
414+hb0965-04-e1
415415 Page 12 of 13
416416 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
417417
418418
419419
420420 (8) AUTHORITY.—The authority granted to the department 275
421421 under this section is supplemental to the authority granted 276
422422 under s. 403.067(8). 277
423423 (9) RULES.—The department shall adopt rules to implement 278
424424 this section. This section may not be implemented until the 279
425425 department adopts such rules. 280
426426 Section 2. Paragraph (b) of subsection (1) and paragraphs 281
427427 (a), (b), and (d) of subsection (3) of section 403.892, Florida 282
428428 Statutes, are amended, and subsection (6) is added to that 283
429429 section, to read: 284
430430 403.892 Incentives for the use of graywater technologies. — 285
431431 (1) As used in this section, the term: 286
432432 (b) "Graywater" has the same meaning as in s. 287
433433 381.0065(2)(f) s. 381.0065(2)(e). 288
434434 (3) To qualify for the incentives under subsection (2), 289
435435 the developer or homebuilder must certify to the applicable 290
436436 governmental entity as part of its application for development 291
437437 approval or amendment of a development order that all of the 292
438438 following conditions are met: 293
439439 (a) The proposed or existing development has at least 25 294
440440 detached single-family residential homes that are either 295
441441 detached or 25 multifamily dwelling units, which may include 296
442442 apartments dwellings. This paragraph does not apply to 297
443443 multifamily projects over five stories in height. 298
444444 (b) Each single-family residential home or residence will 299
445-ENROLLED
446-CS/CS/CS/HB 965, Engrossed 1 2022 Legislature
445+
446+CS/CS/CS/HB 965, Engrossed 1 2022
447447
448448
449449
450450 CODING: Words stricken are deletions; words underlined are additions.
451-hb0965-05-er
451+hb0965-04-e1
452452 Page 13 of 13
453453 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
454454
455455
456456
457457 have its own residential graywater system that is dedicated for 300
458458 its use. Each residence forming part of a multifamily project 301
459459 will be serviced by its own resi dential graywater system 302
460460 dedicated for its use or by a master graywater collection and 303
461461 reuse system for the entire project. 304
462462 (d) The required maintenance of the graywater system will 305
463463 be the responsibility of the owner residential homeowner . 306
464464 (6) This section does not apply to multifamily projects 307
465465 more than five stories in height. Whether a dwelling is occupied 308
466466 by an owner is not an eligibility criterion for a developer or 309
467467 homebuilder to receive the incentives authorized under this 310
468468 section. 311
469469 Section 3. The Department of Environmental Protection 312
470470 shall adopt and modify rules adopted pursuant to ss. 373.4136 313
471471 and 373.414, Florida Statutes, to ensure that required financial 314
472472 assurances are equivalent and sufficient to provide for the 315
473473 long-term management of mi tigation permitted under ss. 373.4136 316
474474 and 373.414, Florida Statutes. The department, in consultation 317
475475 with the water management districts, shall include the 318
476476 rulemaking required by this section in existing active 319
477477 rulemaking, or shall complete rule developmen t by June 30, 2023. 320
478478 Section 4. This act shall take effect July 1, 2022. 321