The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Appropriations Subcommittee on Agriculture, Environment, and General
Government
BILL: SB 832
INTRODUCER: Senators Stewart and Rodrigues
SUBJECT: Implementation of the Recommendations of the Blue-Green Algae Task Force
DATE: January 25, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Carroll Rogers EN Favorable
2. Reagan Betta AEG Recommend: Favorable
3. AP
I. Summary:
SB 832 requires periodic inspection of onsite sewage treatment and disposal systems (OSTDS)
that are not required to have an operating permit. The bill directs the Department of
Environmental Protection (DEP) to administer an OSTDS inspection program and to adopt rules
that include the following:
A schedule for a five-year inspection cycle;
A county-by-county implementation plan phased in over a 10-year period, with priority given
to those areas within a priority focus area for springs;
Minimum standards for a functioning system;
Requirements for the pumpout or repair of a failing system; and
Enforcement procedures for an owner’s failure to obtain an inspection of the system or a
contractor’s failure to timely report inspection results to the DEP and the system owner.
The bill also requires basin management action plans (BMAPs) to include a prioritized list of
spatially focused suites of projects in areas likely to yield maximum pollutant reductions. Each
project with a total cost exceeding $1 million must be monitored to determine if it is working to
reduce nutrient pollution or water use, or both, as intended. The bill requires the monitoring
assessments to be completed expeditiously and included in each BMAP update.
The DEP may incur additional costs in administering the OSTDS inspection program.
REVISED: BILL: SB 832 Page 2
II. Present Situation:
Blue-Green Algae Task Force
In 2019, Governor DeSantis directed the DEP to establish a Blue-Green Algae Task Force to
expedite reduction of nutrient pollution and cyanobacteria blooms in the state.
1
The task force
provides guidance and specific, science-based recommendations to expedite the restoration of
water bodies that have been adversely affected by cyanobacteria blooms.
2
The task force has
focused on source identification, nutrient reduction and remediation efforts, algal toxins and
human health effects, and innovative technologies for the prevention, cleanup, and mitigation of
harmful algal blooms.
3
Onsite Sewage Treatment and Disposal Systems
OSTDSs, commonly referred to as “septic systems,” generally consist of two basic parts: the
septic tank and the drainfield.
4
Waste from toilets, sinks, washing machines, and showers flows
through a pipe into the septic tank, where anaerobic bacteria break the solids into a liquid form.
The liquid portion of the wastewater flows into the drainfield, which is generally a series of
perforated pipes or panels surrounded by lightweight materials such as gravel or Styrofoam. The
drainfield provides a secondary treatment where aerobic bacteria continue deactivating the
germs. The drainfield also provides filtration of the wastewater, as gravity draws the water down
through the soil layers.
5
1
State of Florida, Office of the Governor, Executive Order Number 19-12 (2019), available at https://www.flgov.com/wp-
content/uploads/orders/2019/EO_19-12.pdf; DEP, Blue-Green Algae Task Force, https://protectingfloridatogether.gov/state-
action/blue-green-algae-task-force (last visited Jan. 3, 2022).
2
Department of Environmental Protection (DEP), Blue-Green Algae Task Force Consensus Document #1 (Dec. 2, 2019),
available at https://floridadep.gov/sites/default/files/Final%20Consensus%20%231_0.pdf.
3
Id.
4
Department of Health (DOH), Septic System Information and Care, http://columbia.floridahealth.gov/programs-and-
services/environmental-health/onsite-sewage-disposal/septic-information-and-care.html (last visited Jan. 4, 2022); U.S.
Environmental Protection Agency (EPA), Types of Septic Systems, https://www.epa.gov/septic/types-septic-systems (last
visited Jan. 4, 2022) (showing the graphic provided in the analysis).
5
Id. BILL: SB 832 Page 3
There are an estimated 2.6 million OSTDSs in Florida, providing wastewater disposal for
30 percent of the state’s population.
6
In Florida, development in some areas is dependent on
OSTDSs due to the cost and time it takes to install central sewer systems.
7
For example, in rural
areas and low-density developments, central sewer systems are not cost-effective. Less than
one percent of OSTDSs in Florida are actively managed under operating permits and
maintenance agreements.
8
The remainder of systems are generally serviced only when they fail,
often leading to costly repairs that could have been avoided with routine maintenance.
9
In 2019, the Blue-Green Algae Task Force made the following recommendations relating to
OSTDSs:
The DEP should develop a more comprehensive regulatory program to ensure that OSTDSs
are sized, designed, constructed, installed, operated, and maintained to prevent nutrient
pollution, reduce environmental impact, and preserve human health;
More post-permitting septic tank inspections should take place;
Protections for vulnerable areas in the state should be expanded; and
Additional funding is needed to accelerate septic to sewer conversions.
10
In 2020, the Clean Waterways Act provided for the transfer of the Onsite Sewage Program from
the Department of Health (DOH) to the DEP.
11
The Onsite Sewage Program will be transferred
over a period of five years, and guidelines for the transfer are provided by an interagency
6
Id.
7
DOH, Report on Range of Costs to Implement a Mandatory Statewide 5-Year Septic Tank Inspection Program, Executive
Summary (Oct. 1, 2008), available at http://www.floridahealth.gov/environmental-health/onsite-sewage/_documents/costs-
implement-mandatory-statewide-inspection.pdf.
8
Id.
9
Id.
10
DEP, Blue-Green Algae Task Force Consensus Document #1, 6-7 (Oct. 11, 2019), available at
https://floridadep.gov/sites/default/files/Final%20Consensus%20%231_0.pdf.
11
DEP, Program Transfer, https://floridadep.gov/water/onsite-sewage/content/program-transfer (last visited Jan. 4, 2022). BILL: SB 832 Page 4
agreement.
12
Per the agreement, the DEP has the primary powers and duties of the Onsite
Sewage Program, meaning that the county departments of health will implement the OSTDS
program under the direction of the DEP instead of the DOH.
13
The county departments of health
will still handle permitting and inspection of OSTDS.
14
In the event of an alleged violation of
OSTDS laws, county departments of health will be responsible for conducting an inspection to
gather information regarding the allegations.
15
Water Quality and Nutrients
Phosphorous and nitrogen are naturally present in water and are essential nutrients for the
healthy growth of plant and animal life.
16
The correct balance of both nutrients is necessary for a
healthy ecosystem; however, excessive amounts can cause significant water quality problems.
Phosphorous and nitrogen are derived from natural and human-made sources. Natural sources
include the atmosphere, soils, and the decay of plants and animals. Human-made sources include
sewage disposal systems (wastewater treatment facilities and septic systems), overflows of storm
and sanitary sewers (untreated sewage), agricultural production and irrigation practices, and
stormwater runoff.
17
Total Maximum Daily Loads
A total maximum daily load (TMDL), which must be adopted by rule, is a scientific
determination of the maximum amount of a given pollutant that can be absorbed by a waterbody
and still meet water quality standards.
18
Waterbodies or sections of waterbodies that do not meet
the established water quality standards are deemed impaired.
19
Pursuant to the federal Clean
Water Act, the DEP is required to establish a TMDL for impaired waterbodies.
20
Basin Management Action Plans
The DEP is the lead agency in coordinating the development and implementation of TMDLs.
21
BMAPs are one of the primary mechanisms the DEP uses to achieve TMDLs. BMAPs are plans
12
DOH, DEP, Interagency Agreement between DEP and DOH in Compliance with Florida’s Clean Waterways Act for
Transfer of the Onsite Sewage Program, 5 (June 30, 2021), available at http://www.floridahealth.gov/environmental-
health/onsite-sewage/_documents/interagency-agreement-between-fdoh-fdep-onsite-signed-06302021.pdf.
13
Id. at 14.
14
Id. at 11; and DEP, Onsite Sewage Program, https://floridadep.gov/water/onsite-sewage (last visited Jan. 5, 2022).
15
DOH, DEP, Interagency Agreement between DEP and DOH in Compliance with Florida’s Clean Waterways Act for
Transfer of the Onsite Sewage Program, 11 (June 30, 2021), available at http://www.floridahealth.gov/environmental-
health/onsite-sewage/_documents/interagency-agreement-between-fdoh-fdep-onsite-signed-06302021.pdf.
16
EPA, Sources and Solutions, https://www.epa.gov/nutrientpollution/sources-and-solutions (last visited Jan. 4, 2022).
17
Id.
18
DEP, Total Maximum Daily Loads Program, https://floridadep.gov/dear/water-quality-evaluation-tmdl/content/total-
maximum-daily-loads-tmdl-program (last visited Jan. 3, 2022).
19
Section 403.067(1), F.S.
20
Id.
21
Section 403.061, F.S. DEP has the power and the duty to control and prohibit pollution of air and water in accordance with
the law and rules adopted and promulgated by it. Furthermore, s. 403.061(21), F.S., allows DEP to advise, consult, cooperate,
and enter into agreements with other state agencies, the federal government, other states, interstate agencies, etc. BILL: SB 832 Page 5
that address the entire pollution load, including point and nonpoint discharges,
22
for a watershed.
BMAPs generally include:
Permitting and other existing regulatory programs, including water quality based effluent
limitations;
Best management practices and non-regulatory and incentive-based programs, including
cost-sharing, waste minimization, pollution prevention, agreements, and public education;
Public works projects, including capital facilities; and
Land acquisition.
23
The DEP may establish a BMAP as part of the development and implementation of a TMDL for
a specific waterbody. First, the BMAP equitably allocates pollutant reductions to individual
basins, to all basins as a whole, or to each identified point source or category of nonpoint
sources.
24
Then, the BMAP establishes the schedule for implementing projects and activities to
meet the pollution reduction allocations. The BMAP development process provides an
opportunity for local stakeholders, local government, community leaders, and the public to
collectively determine and share water quality cleanup responsibilities collectively.
25
BMAPs are
adopted by secretarial order.
26
BMAPs must include milestones for implementation and water quality improvement. They must
also include an associated water quality monitoring component sufficient to evaluate whether
reasonable progress in pollutant load reductions is being achieved over time. An assessment of
progress toward these milestones must be conducted every five years, and revisions to the
BMAP must be made as appropriate.
27
In 2019, the Blue-Green Algae Task Force made the following recommendations for BMAPs:
Include regional storage and treatment infrastructure in South Florida watersheds;
Consider land use changes, legacy nutrients, and the impact of the BMAP on downstream
waterbodies;
Develop a more targeted approach to project selection; and
Evaluate project effectiveness through monitoring.
28
III. Effect of Proposed Changes:
The bill contains whereas clauses that acknowledge the following:
Governor DeSantis created the Blue-Green Algae Task Force to improve water quality for
the benefit of all Floridians;
22
Fla. Admin. Code R. 62-620.200(37). “Point source” is defined as “any discernible, confined, and discrete conveyance,
including any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding
operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged.”
Nonpoint sources of pollution are sources of pollution that are not point sources.
23
Section 403.067(7), F.S.
24
Id.
25
DEP, Basin Management Action Plans (BMAPs), https://floridadep.gov/dear/water-quality-restoration/content/basin-
management-action-plans-bmaps (last visited Dec. 4, 2019).
26
Section 403.067(7)(a)5., F.S.
27
Section 403.067(7)(a)6., F.S.
28
DEP, Blue-Green Algae Task Force Consensus Document #1, 2-4 (Oct. 11, 2019), available at
https://floridadep.gov/sites/default/files/Final%20Consensus%20%231_0.pdf. BILL: SB 832 Page 6
The task force has issued recommendations for BMAPs, agriculture, human waste,
stormwater, technology, public health, and science;
The Clean Waterways Act of 2020 implemented many of the recommendations of the task
force; and
The full implementation of the task force’s recommendations will require enactment of
additional substantive legislation.
Section 1 amends s. 381.0065, F.S., to require periodic inspections for OSTDS, excluding
systems required to have an operating permit, once every five years, to assess the fundamental
operational condition of the system, prolong the life of the system, and identify any failure
within the system. The bill provides that this requirement is effective July 1, 2025.
The bill requires the DEP to administer an OSTDS inspection program, to implement program
standards, procedures, and requirements, and to adopt rules that must include, at a minimum, all
of the following:
A schedule for a five-year inspection cycle;
A county-by-county implementation plan phased in over a ten-year period, with first priority
given to those areas within a priority focus area for springs identified by the DEP;
Minimum standards for a functioning system;
Requirements for the pumpout or repair of a failing system; and
Enforcement procedures for failure of a system owner to obtain an inspection and failure of a
contractor to timely report inspection results to the DEP and the system owner.
Section 2 amends s. 403.067, F.S., which governs establishment and implementation of TMDLs.
The bill requires that a new or revised BMAP must include a list that identifies and prioritizes
spatially focused suites of projects in areas likely to yield maximum pollutant reductions.
The bill requires that for each project listed with a total cost exceeding $1 million, the DEP must
assess through integrated and comprehensive monitoring whether the project is working to
reduce nutrient pollution or water use, or both, as intended. The bill provides that the
assessments must be completed expeditiously and included in each BMAP update.
Section 3 provides an effective date of July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None. BILL: SB 832 Page 7
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The DEP may incur additional costs in administering the onsite sewage treatment and
disposal system inspection program.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 381.0065 and
403.067.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.