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. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1. Section 373.4134, Florida Statutes, is created 39 to read: 40 373.4134 Water 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. 88 (3) WATER QUALITY ENHANCEMENT AREAS.— 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. 123 (4) WATER QUALITY ENHANCEMENT AREA PERMIT.— 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. 211 (6) MONITORING AND VERIFICATION.— 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 homesthat are either308detachedor 25 multifamily dwelling units, which may include 309 apartmentsdwellings.This paragraph does not apply to310multifamily projects over five stories in height.311 (b) Each single-family residential home or residence will 312 have its own residential graywater systemthat isdedicated 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 ownerresidential 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 systemthe initial homeowner of each home. The manual mustshall324 provide a method of contacting the installer or manufacturer and 325 mustshallinclude directions to the initial ownerresidential326homeownerthat 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.