Bill Text: FL S1426 | 2022 | Regular Session | Comm Sub

Bill Title: Environmental Management

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2022-03-04 - Laid on Table, refer to CS/CS/CS/HB 965 [S1426 Detail]

Download: Florida-2022-S1426-Comm_Sub.html
       Florida Senate - 2022                      CS for CS for SB 1426
       By the Committees on Appropriations; and Environment and Natural
       Resources; and Senator Burgess
       576-03551-22                                          20221426c2
    1                        A bill to be entitled                      
    2         An act relating to environmental management; creating
    3         s. 373.4134, F.S.; providing legislative findings and
    4         intent; defining terms; providing for water quality
    5         enhancement areas; providing requirements for water
    6         quality enhancement areas and permits; providing
    7         requirements for such water quality enhancement area
    8         permits; requiring the Department of Environmental
    9         Protection to establish water quality enhancement
   10         service areas; providing requirements for the
   11         boundaries of such areas; requiring applicants to
   12         propose performance and success criteria monitoring
   13         and verification plans that meet certain requirements;
   14         requiring the department to revoke a permit under
   15         certain conditions; providing requirements for
   16         enhancement credits; requiring the department and
   17         water management districts to authorize the sale and
   18         use of enhancement credits to governmental entities to
   19         address certain adverse water quality impacts and to
   20         meet certain water quality requirements; requiring the
   21         department to maintain enhancement credit ledgers;
   22         authorizing the department to deny or authorize the
   23         use of enhancement credits under certain
   24         circumstances; providing construction; requiring the
   25         department to adopt rules; delaying implementation of
   26         certain provisions until the adoption of such rules;
   27         amending s. 403.892, F.S.; correcting a cross
   28         reference; revising the conditions that a developer or
   29         homebuilder must certify it meets as part of its
   30         application for development approval or amendment of a
   31         development order; providing applicability; requiring
   32         the department to adopt and modify specified rules, as
   33         applicable; providing requirements for such
   34         rulemaking; providing an effective date.
   36  Be It Enacted by the Legislature of the State of Florida:
   38         Section 1. Section 373.4134, Florida Statutes, is created
   39  to read:
   40         373.4134Water quality enhancement areas.—
   41         (1)LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
   42  that:
   43         (a)Water quality will be improved and adverse water
   44  quality impacts of activities regulated under this part may be
   45  offset by the construction, operation, maintenance, and long
   46  term management of water quality enhancement areas that provide
   47  offsite compensatory treatment.
   48         (b)An expansion of existing authority for regional
   49  treatment to include offsite compensatory treatment in water
   50  quality enhancement areas to make credits available for purchase
   51  by governmental entities to address impacts regulated under this
   52  part is needed.
   53         (c)The construction, operation, maintenance, and long-term
   54  management of water quality enhancement areas pursuant to this
   55  section will improve the certainty and long-term viability of
   56  water quality treatment systems.
   57         (d)Water quality enhancement areas are a valuable tool to
   58  assist governmental entities in satisfying the net improvement
   59  performance standard pursuant to s. 373.414(1)(b)3. to ensure
   60  significant reductions of pollutant loadings.
   61         (e)Water quality enhancement areas that provide water
   62  quality enhancement credits to governmental entities seeking
   63  permits under this part and to governmental entities seeking to
   64  meet an assigned basin management action plan allocation or
   65  reasonable assurance plan pursuant to s. 403.067 are considered
   66  an appropriate and permittable option.
   67         (2)DEFINITIONS.—As used in this section, the term:
   68         (a)“Enhancement credit” means a standard unit of measure
   69  which represents a quantity of pollutant removed.
   70         (b)“Governmental entity” means any political subdivision
   71  of the state, including any state agency, department, agency of
   72  the state, county, municipality, special district, school
   73  district, utility authority, or other authority or
   74  instrumentality, agency, unit, or department thereof.
   75         (c)“Natural system” means an ecological system supporting
   76  aquatic and wetland-dependent natural resources, including fish
   77  and aquatic and wetland-dependent wildlife habitats.
   78         (d)“Water quality enhancement area” means a natural system
   79  constructed, operated, managed, and maintained for the purpose
   80  of providing offsite regional treatment for which enhancement
   81  credits may be provided pursuant to a water quality enhancement
   82  area permit issued under this section.
   83         (e)“Water quality enhancement area permit” means an
   84  environmental resource permit issued for a water quality
   85  enhancement area which authorizes the construction, operation,
   86  management, and maintenance of an enhancement area and the
   87  purchase and sale of enhancement credits.
   89         (a)The construction, operation, management, and
   90  maintenance of a water quality enhancement area must be approved
   91  through the environmental resource permitting process.
   92         (b)Water quality enhancement credits may be sold only to
   93  governmental entities seeking to meet an assigned basin
   94  management action plan allocation or reasonable assurance plan
   95  or for the purpose of achieving net improvement pursuant to s.
   96  373.414(1)(b)3. after the governmental entity has provided
   97  reasonable assurance of meeting department rules for design and
   98  construction of all onsite stormwater management.
   99         (c)A water quality enhancement area must be used to
  100  address contributions of one or more pollutants or other
  101  constituents in the watershed, basin, sub-basin, targeted
  102  restoration area, water body, or section of water body, as
  103  determined by the department, in which the water quality
  104  enhancement area is located which do not meet applicable state
  105  water quality criteria.
  106         (d)A water quality enhancement area must be employed to
  107  use, create, or improve natural systems in order to improve
  108  water quality.
  109         (e)A governmental entity may use a water quality
  110  enhancement area for its own water quality needs. However, a
  111  governmental entity may not act as a sponsor to construct,
  112  operate, manage, or maintain a water quality enhancement area or
  113  market enhancement credits to third parties.
  114         (f)A local government may not require a permit or
  115  otherwise impose regulations governing the operation of a water
  116  quality enhancement area.
  117         (g)This section does not eliminate the obligation of an
  118  applicant for a water quality enhancement area permit or an
  119  applicant proposing to use enhancement credits to comply with
  120  all requirements of this part pertaining to adverse impacts to
  121  water quality in receiving waters and adjacent lands or
  122  wetlands.
  124         (a)To obtain a water quality enhancement area permit, the
  125  applicant must provide reasonable assurances that the proposed
  126  water quality enhancement area will be used to:
  127         1.Meet the requirements for issuance of an environmental
  128  resource permit;
  129         2.Benefit water quality in the watershed in which the
  130  water quality enhancement area is located;
  131         3.Meet defined performance or success criteria for the
  132  reduction of one or more pollutants or other constituents that
  133  prevent receiving waters from meeting applicable state water
  134  quality criteria;
  135         4.Ensure long-term pollutant reduction through effective
  136  operation and maintenance in perpetuity by designation of a
  137  responsible long-term maintenance entity supported by an
  138  endowment or other long-term financial assurance sufficient to
  139  assure perpetual operation and maintenance;
  140         5.Demonstrate sufficient legal or equitable interest in
  141  the property to ensure access to and perpetual protection and
  142  management of the land within the water quality enhancement
  143  area; and
  144         6.Provide for permanent preservation of the water quality
  145  enhancement area which meets the requirements of s. 704.06.
  146         (b)The water quality enhancement area permit must provide
  147  for the assessment, valuation, and award of credits based on
  148  units of pollutant removed.
  149         (c)The department shall base its determination of the
  150  award of enhancement credits on standard numerical models or
  151  analytical tools that establish the water quality enhancement
  152  area’s ability to remove pollutants or constituents.
  153         1.Where a basin management action plan exists for the
  154  watershed in which the water quality enhancement area is
  155  located, the applicant must use the same numerical models or
  156  analytical tools used for that basin management action plan in
  157  the water quality enhancement area permit application.
  158         2.If a basin management action plan does not exist for the
  159  watershed in which the water quality enhancement area is
  160  located, the applicant, with the approval of the department, may
  161  submit as part of the water quality enhancement area permit
  162  application model parameters and results used in a numerical
  163  model or analytical tool used by the department to develop a
  164  basin management action plan for a watershed with similar
  165  physical characteristics and pollutants as that where the
  166  proposed water quality enhancement area is to be located.
  167         3.If the department determines that its numerical model or
  168  analytical tool used for a basin management action plan is not
  169  appropriate for the proposed water quality enhancement area, the
  170  applicant must use a standard numerical model or analytical tool
  171  for the proposed water quality enhancement area.
  172         4.To assist the department in evaluating and determining
  173  enhancement credits, a water quality enhancement area permit
  174  application must include the numerical model or analytical tool
  175  results used to establish the water quality enhancement area’s
  176  efficacy. Supporting information must include, but need not be
  177  limited to:
  178         a.Rainfall data over the longest period of record
  179  available, collected from the closest site to the proposed water
  180  quality enhancement area, preferably within the same drainage
  181  basin.
  182         b.Anticipated average annual water quality and quantity
  183  inflows to the proposed water quality enhancement area, based on
  184  published local data collected over a period of record which
  185  most closely matches the rainfall data under this paragraph.
  186         c.Site-specific conditions affecting the anticipated
  187  performance of the proposed water quality enhancement area,
  188  including the proposed treatment type and the anticipated
  189  associated reduction rates, as demonstrated by the performance
  190  of other areas where the treatment type has been established and
  191  operating over a minimum of two consecutive wet and dry seasons.
  192         5.Data provided pursuant to sub-subparagraphs 4.a. and
  193  4.b. must be from monitoring stations the department deems
  194  sufficient to determine flows and local water quality
  195  conditions.
  196         (d)The issuance of a water quality enhancement area permit
  197  under this section does not preclude the responsibility of an
  198  applicant to obtain other applicable federal, state, and local
  199  permits for the construction activities associated with the
  200  water quality enhancement area.
  201         (5)WATER QUALITY ENHANCEMENT SERVICE AREA.—The department
  202  shall establish a water quality enhancement service area for
  203  each water quality enhancement area. Enhancement credits may be
  204  withdrawn and used only to address adverse impacts in the
  205  enhancement service area. The boundaries of the enhancement
  206  service area shall depend upon the geographic area where the
  207  enhancement area could reasonably be expected to address adverse
  208  impacts. Enhancement service areas may overlap, and enhancement
  209  service areas for two or more enhancement areas may be approved
  210  for a regional watershed.
  212         (a)An applicant for a water quality enhancement area
  213  permit must propose a performance and success criteria
  214  monitoring and verification plan, with protocols to be
  215  implemented once the water quality enhancement area is
  216  operational. The protocols must be appropriate for the water
  217  quality enhancement area and sufficient to demonstrate that the
  218  area is meeting defined performance or success criteria for the
  219  reduction of pollutants or contaminants for which credits are
  220  awarded by the department.
  221         (b)If a permittee fails to comply with the conditions of a
  222  water quality enhancement area permit, the department must
  223  revoke the permittee’s ability to sell enhancement credits until
  224  the water quality enhancement area is compliant with the permit
  225  conditions.
  226         (7)ENHANCEMENT CREDITS.—
  227         (a)The department or water management district shall
  228  authorize the sale and use of enhancement credits to
  229  governmental entities to address adverse water quality impacts
  230  of activities regulated under this part or to assist
  231  governmental entities seeking to meet required nonpoint source
  232  contribution reductions assigned in a basin management action
  233  plan or reasonable assurance plan pursuant to s. 403.067.
  234         (b)Before approving the use of enhancement credits, the
  235  department or water management district must determine that the
  236  enhancement credits used by an applicant seeking a permit under
  237  this part are appropriate for a specific permit use.
  238         (c)Water quality improvement projects using natural
  239  systems or land use modifications, including, but not limited
  240  to, constructed wetlands or minor impoundments that reduce
  241  pollutants to a receiving water body, may be used by an
  242  applicant to generate enhancement credits if approved by the
  243  department. Water quality enhancement areas may not be located
  244  on lands purchased for conservation pursuant to the Florida
  245  Forever Act or the Florida Preservation 2000 Act.
  246         (d)The department shall provide for and maintain a ledger
  247  that tracks the award, release, and use of enhancement credits.
  248         1.A water management district that authorizes applicants
  249  seeking permits under this part to use enhancement credits to
  250  address water quality impacts must report to the department the
  251  amount of enhancement credits used by the applicants.
  252         2.The operator of a water quality enhancement area shall
  253  notify the department of the amount of enhancement credits sold
  254  or used within 30 days after the date the enhancement credit
  255  transaction is completed.
  256         (e)Reductions in pollutant loading required under any
  257  state regulatory program are not eligible to be considered as
  258  enhancement credits.
  259         (f)Enhancement credits may not be used by point source
  260  dischargers to satisfy regulatory requirements other than those
  261  necessary to obtain an environmental resource permit for
  262  construction and operation of the surface water management
  263  system of the site.
  264         (g)Use of enhancement credits made available by water
  265  quality enhancement areas is voluntary.
  266         (h)Any landowner, discharger, or other responsible person
  267  regulated under this part or s. 403.067 implementing applicable
  268  management strategies specified in an adopted basin management
  269  action plan or reasonable assurance plan may not be required by
  270  any permit or other enforcement action to use enhancement
  271  credits to reduce pollutant loads to achieve the pollutant
  272  reductions established pursuant to s. 403.067.
  273         (i)A local government may not deny the use of enhancement
  274  credits due to the location of the water quality enhancement
  275  area outside the jurisdiction of the local government.
  276         (j)Notwithstanding any other provision of law, nothing in
  277  this section may be construed to limit or restrict the authority
  278  of the department to deny the use of enhancement credits when
  279  the department is not reasonably assured that the use of the
  280  credits will not cause or contribute to a violation of water
  281  quality standards, even if the project being implemented by the
  282  governmental entity is within the enhancement service area. If
  283  the department receives a request for the use of enhancement
  284  credits and it determines that their use will not cause or
  285  contribute to a violation of water quality standards, the
  286  department may allow their use.
  287         (8)AUTHORITY.—The authority granted to the department
  288  under this section is supplemental to the authority granted
  289  under s. 403.067(8).
  290         (9)RULES.—The department shall adopt rules to implement
  291  this section. This section may not be implemented until the
  292  department adopts such rules.
  293         Section 2. Paragraph (b) of subsection (1) and paragraphs
  294  (a), (b), (d), and (e) of subsection (3) of section 403.892,
  295  Florida Statutes, are amended, and subsection (6) is added to
  296  that section, to read:
  297         403.892 Incentives for the use of graywater technologies.—
  298         (1) As used in this section, the term:
  299         (b) “Graywater” has the same meaning as in s.
  300  381.0065(2)(f) s. 381.0065(2)(e).
  301         (3) To qualify for the incentives under subsection (2), the
  302  developer or homebuilder must certify to the applicable
  303  governmental entity as part of its application for development
  304  approval or amendment of a development order that all of the
  305  following conditions are met:
  306         (a) The proposed or existing development has at least 25
  307  detached single-family residential homes that are either
  308  detached or 25 multifamily dwelling units, which may include
  309  apartments dwellings. This paragraph does not apply to
  310  multifamily projects over five stories in height.
  311         (b) Each single-family residential home or residence will
  312  have its own residential graywater system that is dedicated for
  313  its use. Each residence forming part of a multifamily project
  314  will be serviced by either its own residential graywater system
  315  dedicated for its use or a master graywater collection and reuse
  316  system for the entire project.
  317         (d) The required maintenance of the graywater system will
  318  be the responsibility of the owner residential homeowner.
  319         (e) An operation and maintenance manual for the graywater
  320  system will be supplied to either the initial owner of the
  321  residence or the initial owner of a multifamily project that
  322  will be serviced by a master graywater collection and reuse
  323  system the initial homeowner of each home. The manual must shall
  324  provide a method of contacting the installer or manufacturer and
  325  must shall include directions to the initial owner residential
  326  homeowner that the manual shall remain with the residence or the
  327  project throughout the life cycle of the system.
  328         (6)This section does not apply to multifamily projects
  329  more than five stories in height. Whether a dwelling is occupied
  330  by an owner is not an eligibility criterion for a developer or
  331  homebuilder to receive the incentives authorized pursuant to
  332  this section.
  333         Section 3. The Department of Environmental Protection shall
  334  adopt and modify rules adopted pursuant to ss. 373.4136 and
  335  373.414, Florida Statutes, to ensure that required financial
  336  assurances are equivalent and sufficient to provide for the
  337  long-term management of mitigation permitted under ss. 373.4136
  338  and 373.414, Florida Statutes. The department, in consultation
  339  with the water management districts, shall include the
  340  rulemaking required by this section in existing active
  341  rulemaking or shall complete rule development by June 30, 2023.
  342         Section 4. This act shall take effect upon becoming a law.