This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0827c.ANR
DATE: 3/15/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 827 Wastewater Grants
SPONSOR(S): Basabe, Lopez, V. and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 458
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Water Quality, Supply & Treatment
Subcommittee
17 Y, 0 N Curtin Curtin
2) Agriculture & Natural Resources Appropriations
Subcommittee
14 Y, 0 N Byrd Pigott
3) Infrastructure Strategies Committee
SUMMARY ANALYSIS
The Clean Waterways Act (Act), enacted in 2020, is comprehensive legislation that requires certain state
agencies, local governments, and private sector entities to improve water quality through stricter regulations
and close monitoring of Florida’s water resources. The Act includes a wide range of water quality protection
provisions, one of which is a wastewater grant program. The wastewater grant program allows the Department
of Environmental Protection (DEP), in consultation with the Water Management Districts, to award grants to
governmental entities for the following:
Projects to retrofit onsite sewage treatment and disposal systems (OSTDSs) to upgrade them to
enhanced nutrient-reducing OSTDSs;
Projects to provide advanced waste treatment; and
Projects to connect OSTDSs to central sewer facilities.
The projects must be located within a basin management action plan, a reasonable assurance plan, or a rural
area of opportunity.
The bill expands the areas within which DEP may provide wastewater grants to include all water bodies or
water body segments listed as impaired. An impaired waterbody is one that does not meet applicable water
quality standards.
This bill does not have any fiscal impact on the state.
STORAGE NAME: h0827c.ANR PAGE: 2
DATE: 3/15/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
The Clean Waterways Act (Act), enacted in 2020, is comprehensive legislation that requires certain
state agencies, local governments, and private sector entities to improve water quality through stricter
regulations and close monitoring of Florida’s water resources.
1
The Act includes a wide range of water
quality protection provisions, one of which is a wastewater grant program.
2
The wastewater grant program allows the Department of Environmental Protection (DEP), in
consultation with the Water Management Districts, to award grants to governmental entities for the
following:
3
Projects to retrofit onsite sewage treatment and disposal systems (OSTDSs) to upgrade them to
enhanced nutrient-reducing OSTDSs;
Projects to construct, upgrade, or expand facilities to provide advanced waste treatment; and
Projects to connect OSTDSs to central sewer facilities.
The projects must individually or collectively reduce excess nutrient pollution and they must be located
within of one three areas:
4
A basin management action plan (BMAP). A BMAP is a restoration plan developed for the
watersheds and basins connected to impaired waterbodies that are included on DEP’s verified
list of impaired waterbodies (Verified List).
5
An impaired waterbody is one that does not meet
applicable water quality standards,
6
and a BMAP addresses the pollutant causing the
impairment.
7
Thirty-three BMAPs have been developed statewide.
8
A reasonable assurance plan (RAP). Impaired waterbodies with plans that provide reasonable
assurance that they will attain water quality standards may avoid placement on DEP’s Verified
List.
9
RAPs are adopted by order of the Secretary of DEP,
10
and they “may obviate the need to
use limited state resources to . . . implement BMAPs.”
11
Five reasonable assurance plans have
been adopted.
12
A rural area of opportunity (RAO). A RAO is a community or region of communities which are
uniquely distressed and are priority assignments for the Rural Economic Development
Initiative.
13
The Governor may designate no more than three RAOs.
14
1
Ch. 2020-150, Laws of Fla.
2
S. 403.0673, F.S.
3
S. 403.0673(1) and (4), F.S.
4
S. 403.0673(1), F.S.
5
S. 403.067(7)(a)1., F.S.; R. 62-303.100(1), F.A.C.
6
R. 62-300.200(7), F.A.C. (“Impaired water” shall mean a waterbody or waterbody segment that does not meet its applicable water
quality standards as set forth in Chapters 62-302 and 62-4, F.A.C. . . . due in whole or in part to discharges of pollutants from point or
nonpoint sources).
7
Florida Department of Environmental Protection (DEP), Division of Environmental Assessment and Restoration, Guidance on
Developing Restoration Plans as Alternatives to TMDLs – Assessment Category 4b and 4e Plans, p. 2 (June 2015)
https://floridadep.gov/sites/default/files/4b4ePlansGuidance.pdf (last visited March 1, 2023).
8
Office of Economic & Demographic Research (EDR), Annual Assessment of Florida’s Water Resources: Quality, p. 5 (2023),
http://edr.state.fl.us/Content/natural-resources/2023_AnnualAssessmentWaterResources_Chapter4.pdf (last visited March 1, 2023).
9
R. 62-303.600(2), F.A.C.
10
EDR, supra note 8, at 29.
11
Id. at 27.
12
Id. at 29.
13
S. 288.0656(2)(d) and (7)(a), F.S.
14
S. 288.0656(7)(a), F.S. STORAGE NAME: h0827c.ANR PAGE: 3
DATE: 3/15/2023
Each grant for a wastewater project requires a minimum 50 percent local match, but DEP may waive
such match for projects within an area designated as a RAO.
15
Effect of the Bill
The bill expands the areas within which DEP may provide wastewater grants to include all water bodies
or water body segments listed as impaired pursuant to s. 403.067, F.S.
B. SECTION DIRECTORY:
Section 1. Amends s. 403.0673, F.S., related to a wastewater grant program.
Section 2. Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
Subject to appropriation, the bill requires DEP to expand the areas eligible to participate in the
wastewater grant program.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
15
S. 403.0673(3), F.S. STORAGE NAME: h0827c.ANR PAGE: 4
DATE: 3/15/2023
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.