Environmental Protection Act (Oppose – Preemption)
HB 1199 (Ingoglia) and CS/SB 1382 (Albritton) prohibit local governments from recognizing or granting certain legal rights to the natural environment (e.g., granting legal standing to waterbodies) or granting enforcement of such rights to persons or political subdivision. (O’Hara) ...
HB 1199 (Ingoglia) and CS/SB 1382 (Albritton) prohibit local governments from recognizing or granting certain legal rights to the natural environment (e.g., granting legal standing to waterbodies) or granting enforcement of such rights to persons or political subdivision. (O’Hara)
Clean Energy Programs (Oppose – Preemption)
HB 225 (Zika) and SB 824 (Hooper) amend current law relating to “Property Assessed Clean Energy” (PACE) programs and requirements. The bill provides definitions for PACE administrator, PACE contractor, PACE loan, PACE loan contract, qualifying commercial real property and qualifying residential property. It provides that a local government may enter an agreement with a PACE administrator to administer the program and specifies that local government or PACE administrator may enter into a PACE loan contract only with the record owner of the property. It eliminates current language in law stating that a recorded PACE loan contract provides constructive ...
HB 225 (Zika) and SB 824 (Hooper) amend current law relating to “Property Assessed Clean Energy” (PACE) programs and requirements. The bill provides definitions for PACE administrator, PACE contractor, PACE loan, PACE loan contract, qualifying commercial real property and qualifying residential property. It provides that a local government may enter an agreement with a PACE administrator to administer the program and specifies that local government or PACE administrator may enter into a PACE loan contract only with the record owner of the property. It eliminates current language in law stating that a recorded PACE loan contract provides constructive notice that the assessment to be levied constitutes a lien of equal dignity to county taxes and assessments. The bill includes new provisions regarding a PACE loan’s lien position. It provides that a PACE loan is: subordinate to all liens on the property recorded before the PACE lien notice is recorded; subordinate to a first mortgage on the property recorded after the PACE notice is recorded; and superior to any lien recorded after the PACE notice is recorded. The bill imposes substantial new requirements on local governments financing for qualifying residential property (maturity date of PACE loan, limits on loan amount, total combined debt may not exceed 75 percent of assessed value). The bill specifies required contents for PACE loan contracts for residential real property and prohibits such contracts from resulting in negative amortization, charging any interest upon interest or fees or containing any provision requiring forced arbitration or restricting class action. The bill prohibits a residential PACE contract from being entered until it has been verified the property owner has the ability to repay the loan: owner’s monthly debt to income ratio does not exceed 43 percent and must have sufficient residual income to meet basic living expenses. The bill specifies methodology and sources for verification of property owner’s income, debt and expenses. The bill requires the local government or PACE administrator, prior to execution of a contract, to confirm the key terms of the PACE agreement and scope of energy improvement work with the property owner in a live, recorded telephone conversation. The bill requires specific disclosures be made to the owner during the telephone call. The bill requires that prior to entering a PACE loan on residential property, the household be screened for eligibility for low-or no-cost programs that may be provided by government or utility service providers. The bill prohibits a local government from permitting a property owner from entering a contract unless the owner is given a right to cancel the contract within a specified timeframe. It requires the use of a specified financing estimate and disclosure form and that such form be provided to an owner at least three business days before a contract is signed. The bill delineates prohibited practices by PACE administrators or PACE contractors. The bill prohibits a local government or PACE administrator from entering into a PACE contract unless written notice has been provided to, and written consent obtained from, each of the holders of any mortgage on the qualifying residential or commercial property. It provides that a PACE loan shall not be made unless the holder of any mortgage on the qualifying property provides signed confirmation that entering into the loan contract does not constitute an event of default or give rise to any remedies under the terms of the mortgage loan. The bill provides for preservation of claims and defenses for successors in interest to property owners and provides for attorney fees and costs for aggrieved residential property owners. (O’Hara)
Discharge of Domestic Wastewater (Oppose – Mandate)
SB 454 (Rodriguez) prohibits the construction of new deep injection wells for domestic wastewater discharge or the expansion of existing wells. It limits the discharge capacity of domestic wastewater deep well injection and required current ocean outfall and deep well injection permitholders to install a functioning reuse system by specified dates. The bill prohibits the discharge of domestic wastewater through ocean outfalls and deep injection wells after specified dates and requires current deep injection well permitholders to submit a plan with specified requirements and annual progress reports to the Florida Department of Environmental Protection. (O’Hara) ...
SB 454 (Rodriguez) prohibits the construction of new deep injection wells for domestic wastewater discharge or the expansion of existing wells. It limits the discharge capacity of domestic wastewater deep well injection and required current ocean outfall and deep well injection permitholders to install a functioning reuse system by specified dates. The bill prohibits the discharge of domestic wastewater through ocean outfalls and deep injection wells after specified dates and requires current deep injection well permitholders to submit a plan with specified requirements and annual progress reports to the Florida Department of Environmental Protection. (O’Hara)
Recycled/Reclaimed Water (Oppose – Mandate)
CS/HB 715 (Maggard) and CS/CS/SB 1656 (Albritton) prohibit domestic wastewater utilities from disposing of effluent, reclaimed water or reuse water by surface water discharge beginning January 2026. The bills exempt the following discharges from this prohibition: indirect potable reuse projects; permitted wet weather discharges; discharges into stormwater management systems that are subsequently withdrawn for irrigation; projects where reclaimed water is recovered from an aquifer recharge system and subsequently discharged for potable reuse; wetlands creation, restoration and enhancement projects; surface water minimum flows and levels recovery and prevention projects; and domestic water utilities in fiscally constrained counties or municipalities ...
CS/HB 715 (Maggard) and CS/CS/SB 1656 (Albritton) prohibit domestic wastewater utilities from disposing of effluent, reclaimed water or reuse water by surface water discharge beginning January 2026. The bills exempt the following discharges from this prohibition: indirect potable reuse projects; permitted wet weather discharges; discharges into stormwater management systems that are subsequently withdrawn for irrigation; projects where reclaimed water is recovered from an aquifer recharge system and subsequently discharged for potable reuse; wetlands creation, restoration and enhancement projects; surface water minimum flows and levels recovery and prevention projects; and domestic water utilities in fiscally constrained counties or municipalities in rural areas of opportunity; and wastewater treatment facilities located in municipalities that have less than $10 million in total annual revenue. The bills recognize potable reuse as an alternative water supply and provide that potable reuse projects are eligible for alternative water supply funding and that such projects may not be excluded from regional water supply plans. The bills direct the Department of Environmental Protection to develop rules relating to the beneficial reuse of water for public water supply purposes that are protective of the environment and public health, building on the guiding principles and goals set forth in the Potable Reuse Commission’s 2019 report on advancing potable reuse in Florida. The bills specify the rules should require the treatment of reclaimed water to drinking water standards. The bills include provisions to ensure that projects do not cause harm to the state’s aquifer and surface waters by requiring such projects do not cause or contribute to violations of water quality standards and that when such water is released into surface or groundwater, consideration of emerging constituents may be required. The bills direct DEP to adopt rules for implementation of potable water reuse projects and specify minimum requirements for the rules, authorize DEP to revise existing drinking water and reclaimed water rules, and authorize DEP to convene technical advisory committees to coordinate the rule review and rulemaking required in the bills. The bills direct DEP and the water management districts to execute a memorandum of agreement providing optional processes for coordinated review of any permits associated with indirect potable reuse projects. The bills authorize potential incentives for public-private partnerships for water recycling projects including expedited permitting and tax credits. The bills require local governments to authorize the use of residential graywater technologies and provide incentives (density bonuses, waiver of fees, etc.) to developers to fully offset the developer’s cost of providing such technology in proposed developments containing 25 or more residential units. (O’Hara)
Renewable Energy (Oppose – Mandate)
SB 446 (Brandes) allows the owner of a business or contracted third party to install, maintain and operate a renewable energy source device on or about the structure in which the business operates or on any property the business leases. The bill provides the business owner or third party may sell the electricity that is generated from the device to another business immediately adjacent to or within the same parcel as the business, and such sales shall not be considered or regulated as retail sales of electricity. The bill provides that if the energy-producing business or its customers ...
SB 446 (Brandes) allows the owner of a business or contracted third party to install, maintain and operate a renewable energy source device on or about the structure in which the business operates or on any property the business leases. The bill provides the business owner or third party may sell the electricity that is generated from the device to another business immediately adjacent to or within the same parcel as the business, and such sales shall not be considered or regulated as retail sales of electricity. The bill provides that if the energy-producing business or its customers require additional related services from a utility, such as backup generation capacity or transmission services, the utility may recover the full cost of providing those services. The bill authorizes a utility to enter a contract with a business to install, maintain or operate any type of renewable energy source device on or about the structure from which the business operates and to sell the electricity to an adjacent business, and provides that such electricity sales shall not be considered or regulated as retail sales of electricity. The bill specifies that if the Public Service Commission determines that the level of reduction in electricity purchases by customers using renewable energy source devices is significant enough to adversely impact the rates that other customers pay in the rate territory, the commission may approve a utility’s requests to recover its costs of providing the electricity needed by all customers, including customers using a renewable energy source device. The bill provides for methodology of such cost recovery, a process for customers to challenge the cost recovery and authorized rulemaking by the commission. The bill may have a negative fiscal impact on municipal revenues, including potential impacts to municipal electric franchise revenues and municipal public service utility taxes. (O’Hara)
Clean Energy (Oppose – Mandate)
HB 1419 (Good) authorizes a local government, college or university to install and operate renewable energy systems on any property owned by the entity to offset the entity’s electricity requirements. Electricity generated by such devices is deemed customer-owned generation without regard to ownership of the device by a contracted third-party. The bill authorizes a contracted third-party to sell the electricity generated by a renewable energy generating system to a local government, college or university and provide that such sales shall not be deemed retail sales of electricity. The bill authorizes a local government, college or university with multiple ...
HB 1419 (Good) authorizes a local government, college or university to install and operate renewable energy systems on any property owned by the entity to offset the entity’s electricity requirements. Electricity generated by such devices is deemed customer-owned generation without regard to ownership of the device by a contracted third-party. The bill authorizes a contracted third-party to sell the electricity generated by a renewable energy generating system to a local government, college or university and provide that such sales shall not be deemed retail sales of electricity. The bill authorizes a local government, college or university with multiple meters to aggregate its electricity consumption by totaling the consumption on all meters and offset such aggregated consumption requirements with customer-owned renewable energy generation under the electric utility’s net metering program. The bill requires electric utilities to offer all public customers a method to aggregate meters consistent with its net metering program and its standard interconnection agreement for customer-owned renewable energy generation. The bill requires each public utility to file with the Public Service Commission a program that offers a renewable energy tariff for all nonresidential customers to purchase renewable energy from the utility to meet up to 100% of the customer’s electricity requirements. The bill requires municipal electric utilities to offer a renewable energy tariff for all nonresidential customers as well. If a utility does not have sufficient renewable energy available to meet a customer’s requirements within a specified time period, the bill authorizes the customer to contract with a third party to purchase renewable energy from generating systems interconnected with the utility’s grid or transmission lines. (O’Hara)
Environmental Resource Management (Oppose – Preemption)
SB 1382 (Albritton) is a comprehensive bill that prohibits local governments from recognizing or granting certain legal rights to the natural environment (e.g., granting legal standing to waterbodies) or granting enforcement of such rights to persons or political subdivision. The bill also authorizes basin management action plans to include a cooperative agricultural regional water quality management element or a cooperative urban, suburban, commercial or institutional regional water quality improvement element. The agricultural element shall be adopted by the Department of Environmental Protection and may include cost-effective and financially feasible cooperative agricultural nutrient reduction projects intended to reduce nutrient ...
SB 1382 (Albritton) is a comprehensive bill that prohibits local governments from recognizing or granting certain legal rights to the natural environment (e.g., granting legal standing to waterbodies) or granting enforcement of such rights to persons or political subdivision. The bill also authorizes basin management action plans to include a cooperative agricultural regional water quality management element or a cooperative urban, suburban, commercial or institutional regional water quality improvement element. The agricultural element shall be adopted by the Department of Environmental Protection and may include cost-effective and financially feasible cooperative agricultural nutrient reduction projects intended to reduce nutrient impacts from agricultural operations. Participants in the plan must have already implemented interim measures, best management practices or other measures adopted by DEP. The cooperative urban, et al. element shall be developed by DEP and may include cost- effective, financially practical regional nutrient reduction projects that may be implemented to reduce nutrient impacts from urban, suburban, commercial or institutional operations. The bills direct DEP to work with the Department of Agriculture and Consumer Services to improve the accuracy of data in BMAPs and shall work with producers to identify technologies for implementation. The bills establish a nutrient reduction cost-share program within DEP that authorizes the agency to fund projects that may reduce nutrient pollution, including projects identified in the new plan elements authorized by the bills. The bills specify funding priority for certain projects and require projects to have a 50% match of local funds. (O’Hara)
Displacement of Private Waste Companies (Oppose)
CS/CS/CS/SB 996 (Albritton) and HB 639 (McClure) require a local government that displaces an existing solid waste provider to, in addition to the procedural and three-year notice requirements in current law, pay the provider an amount equal to the company’s preceding 18 months’ gross receipts for the service in the displaced area. In addition, CS/CS/SB 996 makes a technical clarification to the current law definition of “displacement.” The bill also exempts fiscally constrained counties from statutory recycling goals and creates a recycled materials management pilot program for Polk County in coordination with the University of Florida. (O’Hara) ...
CS/CS/CS/SB 996 (Albritton) and HB 639 (McClure) require a local government that displaces an existing solid waste provider to, in addition to the procedural and three-year notice requirements in current law, pay the provider an amount equal to the company’s preceding 18 months’ gross receipts for the service in the displaced area. In addition, CS/CS/SB 996 makes a technical clarification to the current law definition of “displacement.” The bill also exempts fiscally constrained counties from statutory recycling goals and creates a recycled materials management pilot program for Polk County in coordination with the University of Florida. (O’Hara)
Municipal Electric Utilities (Oppose – Mandate)
HB 653 (Caruso) prohibits municipal electric utilities from using revenues generated from the electric utility to finance general government functions and provides that electric utility revenues must be used exclusively for electric utility functions or improving infrastructure of the electric utility. (O’Hara) ...
HB 653 (Caruso) prohibits municipal electric utilities from using revenues generated from the electric utility to finance general government functions and provides that electric utility revenues must be used exclusively for electric utility functions or improving infrastructure of the electric utility. (O’Hara)
Utility Construction Contracting Services (Oppose – Mandate)
SB 1710 (Torres) prohibits investor-owned utilities and municipal electric utilities or an affiliate of such utility from engaging in construction contracting as defined in Chapter 489, Florida Statutes, and prohibits such utility or affiliate from providing bookkeeping, billing, financial, legal or insurance products or services that are related to construction contracting, including warranty products or construction liens. The bill prohibits such utilities or affiliates from engaging in construction contracting services in a manner that subsidizes the activities of the utility to the extent of changing rates or service charges. Affiliates or contractors are prohibited from using any utility ...
SB 1710 (Torres) prohibits investor-owned utilities and municipal electric utilities or an affiliate of such utility from engaging in construction contracting as defined in Chapter 489, Florida Statutes, and prohibits such utility or affiliate from providing bookkeeping, billing, financial, legal or insurance products or services that are related to construction contracting, including warranty products or construction liens. The bill prohibits such utilities or affiliates from engaging in construction contracting services in a manner that subsidizes the activities of the utility to the extent of changing rates or service charges. Affiliates or contractors are prohibited from using any utility asset, the cost of which is recoverable in the utility’s regulated rates, to engage in construction contracting services unless the utility is compensated for use of the asset. (O’Hara)
Vessels (Support)
HB 1407 (Webb) and CS/SB 1378 (Rouson) prohibit the operation of vessels faster than slow speed, minimum wake upon approaching within 300 feet of any emergency vessel with its emergency lights activated or upon approaching within 300 feet of any construction vessel or barge when the vessel is displaying an orange flag in a specified manner. The bills specify penalties for violations of these requirements. The bills also prohibit the anchoring or mooring of vessels within 20 feet of a mangrove or to upland vegetation on public lands. Specified law enforcement officers and agencies are authorized under the ...
HB 1407 (Webb) and CS/SB 1378 (Rouson) prohibit the operation of vessels faster than slow speed, minimum wake upon approaching within 300 feet of any emergency vessel with its emergency lights activated or upon approaching within 300 feet of any construction vessel or barge when the vessel is displaying an orange flag in a specified manner. The bills specify penalties for violations of these requirements. The bills also prohibit the anchoring or mooring of vessels within 20 feet of a mangrove or to upland vegetation on public lands. Specified law enforcement officers and agencies are authorized under the bill to relocate an at-risk vessel that violates this. (O’Hara)
Brownfields Site Rehabilitation (Support)
CS/SB 1152 (Broxson) provides that potential brownfield sites owned by the state or a local government that are impacted by certain substances used in fire suppressants and firefighting foams (perfluoroalkyl and polyfluoroalkyl substances or “PFAS”) are eligible to participate in a brownfield site rehabilitation agreement regardless of whether such contamination was caused by or contributed by the state or local government after July 1997. (O'Hara) ...
CS/SB 1152 (Broxson) provides that potential brownfield sites owned by the state or a local government that are impacted by certain substances used in fire suppressants and firefighting foams (perfluoroalkyl and polyfluoroalkyl substances or “PFAS”) are eligible to participate in a brownfield site rehabilitation agreement regardless of whether such contamination was caused by or contributed by the state or local government after July 1997. (O'Hara)
Water Resources (Support)
HB 147 (Jacobs) and SB 690 (Albritton) direct the Florida Department of Environmental Protection to develop a comprehensive and quantitative needs-based overview of the state’s water resources. To determine the level of need, the overview must include an assessment of funds necessary for current and future demands with respect to infrastructure, including amounts necessary to address hazard mitigation, infrastructure replacement costs, future capacity costs, natural resources protection and restoration, and flood protection. The overview must cover short-term (five-year) and long-term (20-year) planning timeframes. In addition, the overview must identify potential funding options to meet anticipated demands. The initial ...
HB 147 (Jacobs) and SB 690 (Albritton) direct the Florida Department of Environmental Protection to develop a comprehensive and quantitative needs-based overview of the state’s water resources. To determine the level of need, the overview must include an assessment of funds necessary for current and future demands with respect to infrastructure, including amounts necessary to address hazard mitigation, infrastructure replacement costs, future capacity costs, natural resources protection and restoration, and flood protection. The overview must cover short-term (five-year) and long-term (20-year) planning timeframes. In addition, the overview must identify potential funding options to meet anticipated demands. The initial overview must be submitted to the governor and Legislature by January 1, 2022, with subsequent reports due every five years thereafter. (O’Hara)
Energy 2040 Task Force (Support)
SB 144 (Brandes) creates the Energy 2040 Task Force within the Florida Public Service Commission to project the state’s electric energy needs over the next 20 years and determine how to best meet those needs while increasing competition and consumer choice. It directs the task force to recommend appropriate electric policies and statutory changes, including consideration of the effects of allowing nonutility retail sales of renewable energy, the use of microgrids, emerging electric technologies and concepts, the impacts of state and local government taxes on government revenues and the electric supply, and the environmental impact of electricity production, ...
SB 144 (Brandes) creates the Energy 2040 Task Force within the Florida Public Service Commission to project the state’s electric energy needs over the next 20 years and determine how to best meet those needs while increasing competition and consumer choice. It directs the task force to recommend appropriate electric policies and statutory changes, including consideration of the effects of allowing nonutility retail sales of renewable energy, the use of microgrids, emerging electric technologies and concepts, the impacts of state and local government taxes on government revenues and the electric supply, and the environmental impact of electricity production, generation and transmission. The bill specifies task force members, authorizes the task force to establish any necessary advisory committees and directs the task force to submit its recommendations to the governor and Legislature by January 2022. (O’Hara)
Environmental Contamination (Support)
SB 702 (Albritton) and CS/HB 609 (Perez) address aspects of the Petroleum Restoration Program within the Department of Environmental Protection, which establishes requirements and procedures for cleaning up petroleum-contaminated land and the circumstances under which the state will pay for the cleanup. In addition, CS/HB 609 addresses a current law provision in section 376.313, Florida Statutes, which provides a cause of action for damages resulting from discharges or other conditions of pollution. The bill clarifies that in such actions, damages may include damages to real or personal property resulting from the pollution rather than all damages resulting from ...
SB 702 (Albritton) and CS/HB 609 (Perez) address aspects of the Petroleum Restoration Program within the Department of Environmental Protection, which establishes requirements and procedures for cleaning up petroleum-contaminated land and the circumstances under which the state will pay for the cleanup. In addition, CS/HB 609 addresses a current law provision in section 376.313, Florida Statutes, which provides a cause of action for damages resulting from discharges or other conditions of pollution. The bill clarifies that in such actions, damages may include damages to real or personal property resulting from the pollution rather than all damages resulting from the pollution. (O’Hara)
Environmental Protection (Support)
CS/SB 1878 (Bradley) requires a minimum annual appropriation for Everglades restoration and the protection of water resources in the state and provides requirements for the allocation of such funding. Beginning fiscal year 2020-21 and every year thereafter, the bill specifies a minimum of $625 million for such purposes. The bill allocates this funding as follows: $236 million for the Everglades Agricultural Area reservoir project; $64 million for the South Florida Water Management District for aquifer storage and recovery wells; $50 million funding for springs restoration as provided in law; $40 million for alternative water supplies or water conservation; ...
CS/SB 1878 (Bradley) requires a minimum annual appropriation for Everglades restoration and the protection of water resources in the state and provides requirements for the allocation of such funding. Beginning fiscal year 2020-21 and every year thereafter, the bill specifies a minimum of $625 million for such purposes. The bill allocates this funding as follows: $236 million for the Everglades Agricultural Area reservoir project; $64 million for the South Florida Water Management District for aquifer storage and recovery wells; $50 million funding for springs restoration as provided in law; $40 million for alternative water supplies or water conservation; $25 million for watersheds of the St. Johns River, Suwannee River, and the Apalachicola River; $10 million for the Florida Resilient Coastline Initiative; $15 million for Indian River Lagoon projects; $10 million for coral reefs; $4 million for red tide research; and any remaining balance for water quality programs, alternative water supplies, Indian River Lagoon projects, algae bloom prevention and land acquisition pursuant to the Florida Forever program or Rural and Family Lands program. (O’Hara)
Climate Fiscal Responsibility (Support)
SB 280 (Rodriguez) directs the state Economic Estimating Conference to annually prepare a climate fiscal responsibility report in cooperation with various state agencies. The bill requires the report to analyze the estimated impact of climate change on the state’s general obligation credit rating, debt capacity and tax base associated with increased frequency and intensity of natural disasters, as well as long-term trends like sea-level rise and global temperature changes. The report must also recommend actions to be taken over the next five, 10 and 20 years. (O’Hara) ...
SB 280 (Rodriguez) directs the state Economic Estimating Conference to annually prepare a climate fiscal responsibility report in cooperation with various state agencies. The bill requires the report to analyze the estimated impact of climate change on the state’s general obligation credit rating, debt capacity and tax base associated with increased frequency and intensity of natural disasters, as well as long-term trends like sea-level rise and global temperature changes. The report must also recommend actions to be taken over the next five, 10 and 20 years. (O’Hara)
Climate Health Planning (Support)
SB 278 (Rodriguez) requires the Florida Department of Health to prepare an annual climate health planning report to assess the threat to human health caused by climate change and to develop strategies to help the state’s communities prepare for the health effects of climate change. The bill directs the DOH to consult with various state and local agencies in preparing the report and include one-year, five-year, 10-year and 20-year recommendations for policy and budget priorities associated with identified threats. (O’Hara) ...
SB 278 (Rodriguez) requires the Florida Department of Health to prepare an annual climate health planning report to assess the threat to human health caused by climate change and to develop strategies to help the state’s communities prepare for the health effects of climate change. The bill directs the DOH to consult with various state and local agencies in preparing the report and include one-year, five-year, 10-year and 20-year recommendations for policy and budget priorities associated with identified threats. (O’Hara)
Identification of Underground Facilities (Support)
SB 592 (Pizzo) and HB 6039 (Duran) delete a preemption in existing state law that prohibits local governments from regulating the types of paint or marking device, or from requiring removal of such marks used to identify underground facilities. (O’Hara) ...
SB 592 (Pizzo) and HB 6039 (Duran) delete a preemption in existing state law that prohibits local governments from regulating the types of paint or marking device, or from requiring removal of such marks used to identify underground facilities. (O’Hara)
Preemption of Recyclable and Polystyrene Materials (Support)
SB 182 (Stewart) deletes existing statutory preemptions of local laws relating to the regulation of auxiliary containers, wrappings or disposable plastic bags and repeals the statutory preemption of local laws regarding the use or sale of polystyrene products to the Department of Agriculture and Consumer Services. (O’Hara) ...
SB 182 (Stewart) deletes existing statutory preemptions of local laws relating to the regulation of auxiliary containers, wrappings or disposable plastic bags and repeals the statutory preemption of local laws regarding the use or sale of polystyrene products to the Department of Agriculture and Consumer Services. (O’Hara)
Preemption of Tree Pruning, Trimming and Removal (Support)
HB 6077 (Eskamani) repeals provisions of law enacted in the 2019 Legislative Session that imposed requirements and restrictions on local regulation of tree pruning, trimming or removal on residential property. (O’Hara) ...
HB 6077 (Eskamani) repeals provisions of law enacted in the 2019 Legislative Session that imposed requirements and restrictions on local regulation of tree pruning, trimming or removal on residential property. (O’Hara)
Land Acquisition Trust Fund (Support)
SB 332 (Stewart) and HB 849 (Altman) appropriate $100 million annually from the state Land Acquisition Trust Fund to the Florida Forever Trust Fund and prohibit the use of moneys in the state Land Acquisition Trust Fund from being used for agency executive direction and support services. HB 849 also revises the date by which bonds issued to the Florida Forever Act are intended to be retired (from 2040 to 2054). (O’Hara) ...
SB 332 (Stewart) and HB 849 (Altman) appropriate $100 million annually from the state Land Acquisition Trust Fund to the Florida Forever Trust Fund and prohibit the use of moneys in the state Land Acquisition Trust Fund from being used for agency executive direction and support services. HB 849 also revises the date by which bonds issued to the Florida Forever Act are intended to be retired (from 2040 to 2054). (O’Hara)
Property Assessed Clean Energy Program (Support)
HB 365 (Watson, B.) and SB 770 (Rodriguez) expand qualifying improvements under the Property Assessed Clean Energy (PACE) program. PACE is a means for property owners to voluntarily finance private property improvements related to renewable energy and energy efficiency through assessments levied on their property tax bill. The bills include sewage treatment and seawall improvements as “qualifying improvements” eligible for PACE financing. In addition, SB 770 includes in the program improvements to the underground infrastructure of homes to promote greater resiliency, such as raising electrical boxes or home foundations. (O’Hara) ...
HB 365 (Watson, B.) and SB 770 (Rodriguez) expand qualifying improvements under the Property Assessed Clean Energy (PACE) program. PACE is a means for property owners to voluntarily finance private property improvements related to renewable energy and energy efficiency through assessments levied on their property tax bill. The bills include sewage treatment and seawall improvements as “qualifying improvements” eligible for PACE financing. In addition, SB 770 includes in the program improvements to the underground infrastructure of homes to promote greater resiliency, such as raising electrical boxes or home foundations. (O’Hara)
Sargassum Seaweed Matching Grant Program (Support)
SB 648 (Berman) directs the Department of Environmental Protection to develop a Sargassum Seaweed Matching Grant Program to provide annual grants, subject to legislative appropriation, to qualified local government entities to fund projects related to the buildup of Sargassum seaweed in coastal communities. The bill directs the grant program to require a 50 percent match of local funds and requires the department to provide annual reports regarding the projects funded. (O’Hara) ...
SB 648 (Berman) directs the Department of Environmental Protection to develop a Sargassum Seaweed Matching Grant Program to provide annual grants, subject to legislative appropriation, to qualified local government entities to fund projects related to the buildup of Sargassum seaweed in coastal communities. The bill directs the grant program to require a 50 percent match of local funds and requires the department to provide annual reports regarding the projects funded. (O’Hara)
Stormwater Management Systems (Support)
SB 686 (Gruters) and HB 405 (Good) direct the Department of Environmental Protection to adopt statewide environmental resource permitting rules for stormwater management in coordination with the water management districts. The bills direct the water management districts to adopt rules governing design and performance standards that increase the removal of nutrients from stormwater discharges from all new development and redevelopment projects, and direct DEP to incorporate the design and performance standards by reference for use within each district to ensure that new pollutant loadings are not discharged into water bodies. The bills direct that by December 2020, the ...
SB 686 (Gruters) and HB 405 (Good) direct the Department of Environmental Protection to adopt statewide environmental resource permitting rules for stormwater management in coordination with the water management districts. The bills direct the water management districts to adopt rules governing design and performance standards that increase the removal of nutrients from stormwater discharges from all new development and redevelopment projects, and direct DEP to incorporate the design and performance standards by reference for use within each district to ensure that new pollutant loadings are not discharged into water bodies. The bills direct that by December 2020, the department and districts shall amend the applicant’s handbook to include revised best management practices design criteria, low-impact design best management practices and design criteria that increase the removal of nutrients from stormwater discharges from all new development and redevelopment and measure for consistent application of net improvement performance standards to ensure that new pollutant loadings are not discharged into impaired water bodies. The bills provide for a rebuttable presumption that a stormwater system designed, constructed and maintained in accordance with the criteria adopted by the DEP and districts and a valid permit issued pursuant to such standards does not cause or contribute to violations of applicable water quality standards. The bills require training and assessment of government staff including coordination of field inspections of publicly and privately owned stormwater controls. The bills require the rules to be updated based on new scientific information by July 2021. Finally, the bills modify requirements for electronic self-certification by registered professionals for stormwater system permits serving project areas of 10 acres or less. (O’Hara)
Brownfields (Support)
CS/CS/HB 1001 (Stone) and CS/SB 1350 (Baxley) revise provisions of the Florida Brownfields program, including conditions under which an applicant that has rehabilitated a contaminated site may receive tax credits. In addition, the bills set forth defenses to certain causes of action concerning specified discharges or other types of pollution resulting from specified discharges. CS/SB 1350 also clarifies that actions for damages under Section 376.313, Florida Statutes, that result from a discharge or other condition of pollution apply to damages to real or personal property where the discharge or condition was not authorized by any governmental approval or ...
CS/CS/HB 1001 (Stone) and CS/SB 1350 (Baxley) revise provisions of the Florida Brownfields program, including conditions under which an applicant that has rehabilitated a contaminated site may receive tax credits. In addition, the bills set forth defenses to certain causes of action concerning specified discharges or other types of pollution resulting from specified discharges. CS/SB 1350 also clarifies that actions for damages under Section 376.313, Florida Statutes, that result from a discharge or other condition of pollution apply to damages to real or personal property where the discharge or condition was not authorized by any governmental approval or permit. (O’Hara)
Florida Climate and Resiliency Research Program (Support)
SB 1232 (Rouson) and HB 913 (Diamond) establish an interagency Florida Climate and Resiliency Research Program within the Florida Department of Environmental Protection to assist the state in assessing and responding to the effects of climate change. The bills identify agencies and entities as participants in the program and direct the program to prepare an assessment of the effects of climate change on various metrics, including natural resources and environment, human health, infrastructure, energy and the economy. The bills require the program to deliver an annual Florida Resiliency Plan to the Legislature beginning January 2021, which shall include ...
SB 1232 (Rouson) and HB 913 (Diamond) establish an interagency Florida Climate and Resiliency Research Program within the Florida Department of Environmental Protection to assist the state in assessing and responding to the effects of climate change. The bills identify agencies and entities as participants in the program and direct the program to prepare an assessment of the effects of climate change on various metrics, including natural resources and environment, human health, infrastructure, energy and the economy. The bills require the program to deliver an annual Florida Resiliency Plan to the Legislature beginning January 2021, which shall include the program's assessment of climate effects and recommendations on mitigation strategies. (O’Hara)
Recyclable Materials (Support)
SB 1722 (Taddeo) requires the Department of Environmental Protection to review and updates its 2010 Retail Bags Report and analyze the need for regulation of auxiliary containers, wrappings or disposable plastic bags. The bill requires the updated report be provided to the Legislature by December 2020. It further provides that until the Legislature adopts the recommendations of the report or until July 2021, whichever is earlier, a local government may not regulate such products. (O’Hara) ...
SB 1722 (Taddeo) requires the Department of Environmental Protection to review and updates its 2010 Retail Bags Report and analyze the need for regulation of auxiliary containers, wrappings or disposable plastic bags. The bill requires the updated report be provided to the Legislature by December 2020. It further provides that until the Legislature adopts the recommendations of the report or until July 2021, whichever is earlier, a local government may not regulate such products. (O’Hara)
Statewide Office of Resiliency (Support)
SB 7016 (Infrastructure & Security Committee) and HB 1073 (Stevenson) establish the Statewide Office of Resiliency within the Executive Office of the Governor and provide for the establishment of a chief resiliency officer by the governor. The bills create the Statewide Sea-Level Rise Task Force within the Department of Environmental Protection for the purpose of recommending consensus projections of the anticipated sea-level rise and flooding impacts along the state’s coastline. The bills direct the Task Force to submit its recommended consensus projections to the Environmental Regulation Commission by January 2021, which shall adopt or reject the recommendations. If ...
SB 7016 (Infrastructure & Security Committee) and HB 1073 (Stevenson) establish the Statewide Office of Resiliency within the Executive Office of the Governor and provide for the establishment of a chief resiliency officer by the governor. The bills create the Statewide Sea-Level Rise Task Force within the Department of Environmental Protection for the purpose of recommending consensus projections of the anticipated sea-level rise and flooding impacts along the state’s coastline. The bills direct the Task Force to submit its recommended consensus projections to the Environmental Regulation Commission by January 2021, which shall adopt or reject the recommendations. If adopted by the ERC, the bills direct the projections shall serve as the state’s official estimate of sea-level rise and flooding impacts along the state’s coastline and must be used for developing future state projects, plans and programs. (O’Hara)
Statewide Sea Level Tracking Program (Support)
HB 4999 (Ingoglia) provides $5.9 million to the Department of Financial Services to fund the Statewide Sea Level Rise Tracking Program. The program will provide additional GPS monitoring of land subsidence at various points around the state to evaluate the rate of land subsidence in Florida. (O’Hara) ...
HB 4999 (Ingoglia) provides $5.9 million to the Department of Financial Services to fund the Statewide Sea Level Rise Tracking Program. The program will provide additional GPS monitoring of land subsidence at various points around the state to evaluate the rate of land subsidence in Florida. (O’Hara)
Everglades Protection Area (Watch)
CS/HB 775 (Aloupis) and SB 1390 (Simmons) require comprehensive plans and plan amendments adopted by local governments whose boundaries include the Everglades Protection Area to follow the state coordinated review process for state agency compliance review under Part II, Chapter 163, Florida Statutes, and require the Department of Environmental Protection to coordinate with the affected local governments on mitigation measures for plans or plan amendments that would impact Everglades restoration. CS/HB 775 was amended to address the geographical scope of the bill and now requires the state coordinated review process for plans and plan amendments that “apply” to ...
CS/HB 775 (Aloupis) and SB 1390 (Simmons) require comprehensive plans and plan amendments adopted by local governments whose boundaries include the Everglades Protection Area to follow the state coordinated review process for state agency compliance review under Part II, Chapter 163, Florida Statutes, and require the Department of Environmental Protection to coordinate with the affected local governments on mitigation measures for plans or plan amendments that would impact Everglades restoration. CS/HB 775 was amended to address the geographical scope of the bill and now requires the state coordinated review process for plans and plan amendments that “apply” to land that, in whole or in part, is within the EPA or is located within two miles of the EPA. CS/HB 775 prevents such plan amendments from being adopted by a local government if the local government fails to modify the amendment to address DEP’s concerns. Lastly, the amended bill requires counties that include any part of the EPA and all municipalities within such counties to transmit copies of all small-scale plan amendments to the DEP within 10 days after adoption of the amendment. (O’Hara)
Department of Environmental Protection (Watch)
HB 5401 (Agriculture & Natural Resources Appropriations) transfers the powers, duties and functions of the Office of Energy from the Department of Agriculture to the Department of Environmental Protection. (O’Hara) ...
HB 5401 (Agriculture & Natural Resources Appropriations) transfers the powers, duties and functions of the Office of Energy from the Department of Agriculture to the Department of Environmental Protection. (O’Hara)
Environmental Enforcement (Watch)
CS/HB 1091 (Fine) and CS/CS/SB 1450 (Gruters) increase penalties by 50% for violations of state environmental laws, including laws relating to pollution of groundwater and surface water, litter, coral reefs, aquatic preserves and solid waste. The bills provide that each day a violation occurs shall constitute a separate offense. CS/CS/SB 1450 also encourages counties and municipalities to establish an evaluation and rehabilitation program for “sanitary sewer laterals” on residential and commercial properties to identify and reduce extraneous flow from leaking laterals. The bill specifies contents of the program, including the establishment of a publicly accessible database to store ...
CS/HB 1091 (Fine) and CS/CS/SB 1450 (Gruters) increase penalties by 50% for violations of state environmental laws, including laws relating to pollution of groundwater and surface water, litter, coral reefs, aquatic preserves and solid waste. The bills provide that each day a violation occurs shall constitute a separate offense. CS/CS/SB 1450 also encourages counties and municipalities to establish an evaluation and rehabilitation program for “sanitary sewer laterals” on residential and commercial properties to identify and reduce extraneous flow from leaking laterals. The bill specifies contents of the program, including the establishment of a publicly accessible database to store information concerning properties where a defective lateral has been identified. In addition, the bill requires sellers to real property to disclose to prospective purchasers any known defects in the properties’ sanitary sewer lateral. (O’Hara)
Environmental Protection (Watch)
SB 1798 (Bradley) requires water management district governing boards to charge a fee of at least $1 million for a consumptive use permit to directly or indirectly use water derived from a spring for bottled drinking water. The bill directs proceeds from the fee to be used for springs restoration. (O’Hara) ...
SB 1798 (Bradley) requires water management district governing boards to charge a fee of at least $1 million for a consumptive use permit to directly or indirectly use water derived from a spring for bottled drinking water. The bill directs proceeds from the fee to be used for springs restoration. (O’Hara)
Construction Materials Mining Activities (Watch)
SB 1560 (Braynon) and HB 1431 (Polo) address duties of the state fire marshal relating to construction materials mining and blasting activities. The bills make findings about impacts on blasting in areas low to the water table and specify intent for the chief financial officer to administer duties to protect homes from damages caused by blasting in such areas. The bills require all blasting reports to be submitted to the chief financial officer and state fire marshal and be made publicly available. HB 1431 also provides limits on blasting limits in areas having a low depths to the ...
SB 1560 (Braynon) and HB 1431 (Polo) address duties of the state fire marshal relating to construction materials mining and blasting activities. The bills make findings about impacts on blasting in areas low to the water table and specify intent for the chief financial officer to administer duties to protect homes from damages caused by blasting in such areas. The bills require all blasting reports to be submitted to the chief financial officer and state fire marshal and be made publicly available. HB 1431 also provides limits on blasting limits in areas having a low depths to the water table and authorizes a cause of action for civil damage for persons to recover damages resulting from the use of explosives in connection with mining activities. (O’Hara)
Diesel Exhaust Fluid (Watch)
CS/HB 569 (Overdorf) and CS/SB 1036 (Albritton) require the presence, storage or use of diesel exhaust fluid on the premises of a public airport to be phased out by October 2030. The bills require the managers of public airports to create a diesel exhaust fluid safety mitigation and exclusion plan containing specified contents and data. The plan must be approved by the regulatory agency having jurisdiction over the airport by September 2020 and must be submitted to the Department of Transportation by October 2020. The bills require the plan to be fully implemented on the premises of the ...
CS/HB 569 (Overdorf) and CS/SB 1036 (Albritton) require the presence, storage or use of diesel exhaust fluid on the premises of a public airport to be phased out by October 2030. The bills require the managers of public airports to create a diesel exhaust fluid safety mitigation and exclusion plan containing specified contents and data. The plan must be approved by the regulatory agency having jurisdiction over the airport by September 2020 and must be submitted to the Department of Transportation by October 2020. The bills require the plan to be fully implemented on the premises of the airport by January 2021. The bills provide for annual review, update and submission of the plan to DOT for certification. (O’Hara)
Energy (Watch)
HB 1351 (Fernandez) and SB 1824 (Rader) revise an existing law prohibition against local governments, deed restrictions or other agreements having the effect of prohibiting solar collectors or renewable energy devices from being installed on buildings. The term “solar collector” is replaced with “cool roofs.” The bills authorize the Board of Trustees for the Internal Improvement Trust Fund to lease the use of manmade stormwater management systems for floating solar energy systems. They create a greenhouse gas reporting system in the Florida Department of Agriculture and Consumer Services to track data from reporting entities. State agencies are required ...
HB 1351 (Fernandez) and SB 1824 (Rader) revise an existing law prohibition against local governments, deed restrictions or other agreements having the effect of prohibiting solar collectors or renewable energy devices from being installed on buildings. The term “solar collector” is replaced with “cool roofs.” The bills authorize the Board of Trustees for the Internal Improvement Trust Fund to lease the use of manmade stormwater management systems for floating solar energy systems. They create a greenhouse gas reporting system in the Florida Department of Agriculture and Consumer Services to track data from reporting entities. State agencies are required to report greenhouse gas emissions data to the system, and local governments and private entities are encouraged to report such data. The bills create the Climate Adaptation Research Grant Program in FDACS to provide grants to educational institutions for research pertaining to climate change and strategies for adapting to climate change. They create the Clean Energy Research, Development, Demonstration and Deployment Center program in FDACS to provide grants to educational institutions for development of a clean energy center focused on research, development and deployment of clean energy technology. The bills create the Farm Renewable and Efficiency Demonstration program in FDACS to promote adoption of practices that increase energy efficiency and water conservation. They create an Agriculture Resiliency Grant program within FDACS to provide research grants for improving systems' resilience and efficiency. The bills modify current law provisions relating to the Florida Energy Systems Consortium within FDACS. (O’Hara)
Acquisition of Water & Wastewater Systems (Watch)
HB 207 (McClain) and CS/SB 658 (Albritton) would authorize a public water or wastewater utility to establish the rate base of an existing water or wastewater system it acquires using the fair market value of the utility, require the Florida Public Service Commission to provide specified information relating to utility valuation and require the commission to develop related rules. CS/SB 658 would also require a municipality providing water or sewer service to customers in another municipality from infrastructure located in the recipient municipality to charge customers in the recipient municipality the same rates as it does customers inside ...
HB 207 (McClain) and CS/SB 658 (Albritton) would authorize a public water or wastewater utility to establish the rate base of an existing water or wastewater system it acquires using the fair market value of the utility, require the Florida Public Service Commission to provide specified information relating to utility valuation and require the commission to develop related rules. CS/SB 658 would also require a municipality providing water or sewer service to customers in another municipality from infrastructure located in the recipient municipality to charge customers in the recipient municipality the same rates as it does customers inside its own municipal boundaries. (O’Hara)
Apalachicola Environmental Stewardship Act (Watch)
SB 638 (Montford) and CS/HB 1347 (Shoaf) amend Florida Forever Trust Fund allocations to direct specified allocations to areas within the Apalachicola Area of Critical State Concern. SB 638 appropriates at least $12 million annually from the Florida Forever for five years to the Apalachicola Area of Critical State Concern. It renames the area as the Apalachicola Area of Critical State Concern. The bill provides additional principles for guiding development within the area to include land acquisition and projects for stormwater facilities, central sewage facilities, onsite sewage treatment systems and other projects that protect and improve surface and ...
SB 638 (Montford) and CS/HB 1347 (Shoaf) amend Florida Forever Trust Fund allocations to direct specified allocations to areas within the Apalachicola Area of Critical State Concern. SB 638 appropriates at least $12 million annually from the Florida Forever for five years to the Apalachicola Area of Critical State Concern. It renames the area as the Apalachicola Area of Critical State Concern. The bill provides additional principles for guiding development within the area to include land acquisition and projects for stormwater facilities, central sewage facilities, onsite sewage treatment systems and other projects that protect and improve surface and groundwater quality. HB 1347 is similar to SB 638, except that it directs that the existing 3% of Florida Forever proceeds allocated for public access projects include projects for affordable housing. In addition, HB 1347 directs that for a five-year period, 35% of Florida Forever proceeds be directed to projects to improve surface water and groundwater quality within the Apalachicola River and in Apalachicola Bay. CS/HB 1347 directs that for a five-year period at least $5 million of Florida Forever proceeds be directed to projects to improve surface water and groundwater quality within the Apalachicola Bay Area of Critical State Concern. (O’Hara)
Basin Management Action Plans (Watch)
CS/HB 1363 (Overdorf) imposes additional requirements on entities and agencies subject to Basin Management Action Plans established to achieve Total Maximum Daily Load requirements. The bill requires a nonagricultural and agricultural nonpoint source owner or operator who discharges into a basin included in an adopted BMAP to comply with interim measures, best management practices or other measures adopted by rule within five years after the date of BMAP adoption. The bill requires that implementation of such actions be verified by the responsible agency by a site visit at least once every two years. The bill requires the adoption ...
CS/HB 1363 (Overdorf) imposes additional requirements on entities and agencies subject to Basin Management Action Plans established to achieve Total Maximum Daily Load requirements. The bill requires a nonagricultural and agricultural nonpoint source owner or operator who discharges into a basin included in an adopted BMAP to comply with interim measures, best management practices or other measures adopted by rule within five years after the date of BMAP adoption. The bill requires that implementation of such actions be verified by the responsible agency by a site visit at least once every two years. The bill requires the adoption of a cooperative agricultural regional water quality improvement element as part of a BMAP if: adopted agricultural measures have been implemented and the water body remains impaired; agricultural nonpoint sources contribute to at least 20% of nonpoint source nutrient discharges, and Department of Environmental Protection determines that additional measures are necessary to meet the TMDL. The bill requires the development of a cooperative urban, suburban, commercial or institutional regional water quality improvement element as part of a BMAP in which: nonagricultural interim measures and best management practices have been implemented and the waterbody remains impaired, nonagricultural nonpoint sources contribute at least 20% of nonpoint source nutrient discharges, and DEP determines additional measures are needed to achieve the TMDL. The bill establishes a nutrient reduction cost-share program within DEP to provide funding for specified projects in a BMAP, including projects identified in the new plan elements as authorized by the bill. The bill provides funding priority for projects and requires a 50% match of local funds. The bill exempts rural homesteads as defined in the bill from BMAP requirements, so long as the activity on such homestead does not rise to the level of bona fide agricultural activity and is classified as agricultural for tax assessment purposes. (O’Hara)
Beverage Container Deposits (Watch)
SB 50 (Rader) would require consumers to pay deposit fees on specified beverage containers at the point of sale. The bill establishes requirements and registration processes for the operation of beverage container redemption centers by local governments, nonprofit agencies and other individuals for refunding beverage container deposits and arranging for the recovery and recycling of the beverage containers. The bill preempts local governments from imposing or collecting any assessment or fee on deposit beverage containers for the same purposes as specified in the bills. (O’Hara) ...
SB 50 (Rader) would require consumers to pay deposit fees on specified beverage containers at the point of sale. The bill establishes requirements and registration processes for the operation of beverage container redemption centers by local governments, nonprofit agencies and other individuals for refunding beverage container deposits and arranging for the recovery and recycling of the beverage containers. The bill preempts local governments from imposing or collecting any assessment or fee on deposit beverage containers for the same purposes as specified in the bills. (O’Hara)
Biosolids Management (Watch)
HB 1267 (Grall) and SB 1654 (Mayfield) prohibit the land application of biosolids on sites where the application zone interacts with the seasonal high-water table and prohibit the Department of Environmental Protection from issuing or renewing certain permits for such sites. The bills direct DEP to initiate rulemaking on site-specific requirements for biosolids application by a specified date, adopt rules and implement a water quality monitoring program sufficient to determine impacts from the application of biosolids to surface water and groundwater quality. Class AA biosolids are exempted from these requirements. The bills provide for continuing application of local ...
HB 1267 (Grall) and SB 1654 (Mayfield) prohibit the land application of biosolids on sites where the application zone interacts with the seasonal high-water table and prohibit the Department of Environmental Protection from issuing or renewing certain permits for such sites. The bills direct DEP to initiate rulemaking on site-specific requirements for biosolids application by a specified date, adopt rules and implement a water quality monitoring program sufficient to determine impacts from the application of biosolids to surface water and groundwater quality. Class AA biosolids are exempted from these requirements. The bills provide for continuing application of local ordinances relating to Class B biosolids until the DEP rules are adopted. (O’Hara)
Bottled Water Excise Tax (Watch)
SB 1112 (Taddeo) would impose an excise tax upon bottled water operators at a rate of 12.5 cents per gallon of water extracted from waters of the state. It directs proceeds of the tax to be deposited into the Wastewater Treatment and Stormwater Management Revolving Loan Trust Fund and directs that proceeds must be used to provide grants and loans to local governments, with priority given to projects that connect septic systems to central wastewater facilities. (O’Hara) ...
SB 1112 (Taddeo) would impose an excise tax upon bottled water operators at a rate of 12.5 cents per gallon of water extracted from waters of the state. It directs proceeds of the tax to be deposited into the Wastewater Treatment and Stormwater Management Revolving Loan Trust Fund and directs that proceeds must be used to provide grants and loans to local governments, with priority given to projects that connect septic systems to central wastewater facilities. (O’Hara)
Bottled Water Fees (Watch)
SB 1098 (Cruz) directs the Department of Environmental Protection to assess bottled water companies a fee of 5 cents per gallon on water extracted for the production of bottled water, including water from an approved source (e.g., a water utility). The bill provides for fees to be deposited into the Water Protection and Sustainability Trust Fund. SB 1096 (Cruz) is a companion bill that is contingent on the passage of SB 1098. SB 1096 requires DEP to monitor the consumptive use permits for all bottled water companies to ensure compliance with limits of allowable water extraction and water ...
SB 1098 (Cruz) directs the Department of Environmental Protection to assess bottled water companies a fee of 5 cents per gallon on water extracted for the production of bottled water, including water from an approved source (e.g., a water utility). The bill provides for fees to be deposited into the Water Protection and Sustainability Trust Fund. SB 1096 (Cruz) is a companion bill that is contingent on the passage of SB 1098. SB 1096 requires DEP to monitor the consumptive use permits for all bottled water companies to ensure compliance with limits of allowable water extraction and water from an approved source. It imposes a daily fine for bottled water companies that withhold the payment of fees and provides an exception for bottled water companies extracting less than 55 million gallons per year. (O’Hara)
Environmental Regulation (Watch)
CS/SB 326 (Perry) and CS/HB 73 (Overdorf) would require that contracts between local governments and vendors for the collection, transport and processing of residential recycling materials must include terms and conditions to define and reduce levels of contamination. Specifically, the bills provide that a recyclable materials collector or facility is not required to collect, transport or process “contaminated recyclable material,” as defined in the appropriate contract. Each contract is required to define “contaminated recyclable material.” The bills specify that contracts should define the term in a manner that is appropriate for the local community, based on available markets ...
CS/SB 326 (Perry) and CS/HB 73 (Overdorf) would require that contracts between local governments and vendors for the collection, transport and processing of residential recycling materials must include terms and conditions to define and reduce levels of contamination. Specifically, the bills provide that a recyclable materials collector or facility is not required to collect, transport or process “contaminated recyclable material,” as defined in the appropriate contract. Each contract is required to define “contaminated recyclable material.” The bills specify that contracts should define the term in a manner that is appropriate for the local community, based on available markets and other relevant factors. Contracts must include provisions for identifying and documenting contamination, as well as the respective obligations of the parties regarding education and enforcement, but specific terms are left to the discretion of the contracting parties. The new requirements would apply to new contracts and contracts extended after October 1, 2020. In addition, the bills clarify an exemption in current law from state environmental permitting requirements for various projects by specifying that local governments may not require a person to provide additional verification from the Department of Environmental Protection of entitlement to such an exemption. Also, the bills modify an existing state permit exemption for the replacement and repair of existing docks and piers, by specifying the replacement or repair must be “within 5 feet of the same location and no larger in size," and that no additional aquatic resources may be adversely impacted. (O’Hara)
Fish and Wildlife Activities (Watch)
HB 777 (Gregory) and CS/SB 1414 (Mayfield) expand current law that prohibits any person from interfering with the lawful taking of fish, game or other nongame animals by another person within wildlife or fish management areas to include the lawful taking of game, fish or nongame animals in or on any public lands or in or on any public waters. CS/SB 1414 also prohibits the sale, importing or possession of green iguanas or tegu lizards. In addition, HB 777 provides a sales tax holiday for the retail sale of certain hunting, fishing and camping supplies. The Senate version ...
HB 777 (Gregory) and CS/SB 1414 (Mayfield) expand current law that prohibits any person from interfering with the lawful taking of fish, game or other nongame animals by another person within wildlife or fish management areas to include the lawful taking of game, fish or nongame animals in or on any public lands or in or on any public waters. CS/SB 1414 also prohibits the sale, importing or possession of green iguanas or tegu lizards. In addition, HB 777 provides a sales tax holiday for the retail sale of certain hunting, fishing and camping supplies. The Senate version of this sales tax holiday is contained in a separately filed bill, SB 1310 (Mayfield). (O’Hara)
Florida Forever (Watch)
SB 7024 (Committee on the Environment & Natural Resources) adds connection of wildlife habitat with wildlife crossings as a permissible purpose for land acquisition under the Florida Forever program. It requires the Department of Environmental Protection to consult with other state agencies about the acquisitions of lands subject to coastal flooding as a result of sea-level rise to complement other agencies’ projects. The bill allocates $10 million annually from the Florida Forever Trust Fund for conservation lands or lands subject to coastal flooding from sea-level rise in areas impacted by hurricanes in the immediately preceding five-year fiscal year. ...
SB 7024 (Committee on the Environment & Natural Resources) adds connection of wildlife habitat with wildlife crossings as a permissible purpose for land acquisition under the Florida Forever program. It requires the Department of Environmental Protection to consult with other state agencies about the acquisitions of lands subject to coastal flooding as a result of sea-level rise to complement other agencies’ projects. The bill allocates $10 million annually from the Florida Forever Trust Fund for conservation lands or lands subject to coastal flooding from sea-level rise in areas impacted by hurricanes in the immediately preceding five-year fiscal year. It directs the state Acquisition and Restoration Council to give increasing priority to acquiring lands subject to coastal flooding from sea-level rise. (O’Hara)
Florida Land Subsidence Research Initiative (Watch)
HB 1157 (Ingoglia) and SB 1284 (Diaz) create the Florida Land Subsidence Research Initiative as a partnership between the Florida Department of Environmental Protection and Florida International University to determine the rate of land subsidence in the state by measuring changes in land elevation. The goal of the initiative is to collect and analyze data to understand natural hazards, such as land subsidence and sinkholes, and their effects on sea-level rise. The bills require an annual report to the Legislature on a biennial basis, starting July 2022, and require a final report to be submitted by July 2030. ...
HB 1157 (Ingoglia) and SB 1284 (Diaz) create the Florida Land Subsidence Research Initiative as a partnership between the Florida Department of Environmental Protection and Florida International University to determine the rate of land subsidence in the state by measuring changes in land elevation. The goal of the initiative is to collect and analyze data to understand natural hazards, such as land subsidence and sinkholes, and their effects on sea-level rise. The bills require an annual report to the Legislature on a biennial basis, starting July 2022, and require a final report to be submitted by July 2030. The final report shall include an estimation of current and future sea-level risks. (O’Hara)
Florida National Estuary Program Act (Watch)
HB 791 (Fitzenhagen) and SB 1608 (Mayfield) require the Department of Environmental Protection to give funding consideration to each of the state’s estuaries of national significance and require the funds be used for projects identified in the estuaries’ adopted comprehensive conservation and management plan. (O’Hara) ...
HB 791 (Fitzenhagen) and SB 1608 (Mayfield) require the Department of Environmental Protection to give funding consideration to each of the state’s estuaries of national significance and require the funds be used for projects identified in the estuaries’ adopted comprehensive conservation and management plan. (O’Hara)
Florida Safe Drinking Water Act (Watch)
SB 1720 (Cruz) and HB 1427 (Diamond) direct the Department of Environmental Protection to implement rules for statewide drinking water maximum contaminant levels for specified substances, including perfluorooctanesulfonic acid and perfluorooctanoic acid, which are used in firefighting foam, and any other pollutant for which two or more states have issued guidance. The bills specify any maximum contaminant level established by rule must protect the public health and may not exceed any maximum contaminant level established by the Environmental Protection Agency. (O’Hara) ...
SB 1720 (Cruz) and HB 1427 (Diamond) direct the Department of Environmental Protection to implement rules for statewide drinking water maximum contaminant levels for specified substances, including perfluorooctanesulfonic acid and perfluorooctanoic acid, which are used in firefighting foam, and any other pollutant for which two or more states have issued guidance. The bills specify any maximum contaminant level established by rule must protect the public health and may not exceed any maximum contaminant level established by the Environmental Protection Agency. (O’Hara)
Indian River Lagoon State Matching Grant Program (Watch)
HB 153 (Fine) and SB 640 (Harrell) provide that certain projects identified in the Indian River Lagoon Comprehensive Conservation and Management Plan are eligible for funding consideration from the Department of Environmental Protection (agency program funds). The bills direct DEP to coordinate with water management districts to identify projects and requires annual reports from local governments and the districts. Projects include upgrade of facilities to advanced waste treatment, expansion of service connections of wastewater facilities and septic-to-sewer-conversions. Projects require a 50% local match. The bills require annual reports by the DEP and require local governments receiving state funds ...
HB 153 (Fine) and SB 640 (Harrell) provide that certain projects identified in the Indian River Lagoon Comprehensive Conservation and Management Plan are eligible for funding consideration from the Department of Environmental Protection (agency program funds). The bills direct DEP to coordinate with water management districts to identify projects and requires annual reports from local governments and the districts. Projects include upgrade of facilities to advanced waste treatment, expansion of service connections of wastewater facilities and septic-to-sewer-conversions. Projects require a 50% local match. The bills require annual reports by the DEP and require local governments receiving state funds to submit annual status reports. (O’Hara)
Land Acquisition Trust Fund -1 (Watch)
SB 438 (Harrell) and HB 489 (Plasencia) provide that 7.6% or $50 million must be appropriated each year from the Land Acquisition Trust Fund for projects dedicated to the conservation and management of the Indian River Lagoon. The bills specify the funds shall be used for grant funding of projects to implement the Indian River Lagoon Comprehensive Conservation and Management Plan and specify that grants for sewer system connection projects and discharge management projects must require a minimum 50% local match. (O’Hara) ...
SB 438 (Harrell) and HB 489 (Plasencia) provide that 7.6% or $50 million must be appropriated each year from the Land Acquisition Trust Fund for projects dedicated to the conservation and management of the Indian River Lagoon. The bills specify the funds shall be used for grant funding of projects to implement the Indian River Lagoon Comprehensive Conservation and Management Plan and specify that grants for sewer system connection projects and discharge management projects must require a minimum 50% local match. (O’Hara)
Local Government Recycling Programs (Watch)
HB 1031 (Killebrew) and SB 724 (Albritton) extend the date by which each county must meet a statutorily established 75% recycling goal for recyclable waste from 2020 to 2024 and exempts fiscally constrained counties from statutory recycling goals. The bill authorizes the Department of Environmental Protection to direct a county that fails to meet statutory recycling goals by January 2025 to develop a plan to expand recycling programs to existing commercial and multifamily dwellings. The bill directs the DEP to issue a report to the governor and Legislature by January 2021 identifying any additional programs or statutory changes ...
HB 1031 (Killebrew) and SB 724 (Albritton) extend the date by which each county must meet a statutorily established 75% recycling goal for recyclable waste from 2020 to 2024 and exempts fiscally constrained counties from statutory recycling goals. The bill authorizes the Department of Environmental Protection to direct a county that fails to meet statutory recycling goals by January 2025 to develop a plan to expand recycling programs to existing commercial and multifamily dwellings. The bill directs the DEP to issue a report to the governor and Legislature by January 2021 identifying any additional programs or statutory changes needed to achieve statutory recycling goals. (O’Hara)
Marina Evacuations (Watch)
CS/CS/SB 826 (Mayfield) and HB 1329 (Plasencia) prohibit vessels under 500 gross tons in weight from remaining in the waters of marinas in a deep-water seaport that have been deemed not suitable for refuge upon issuance of a hurricane watch affecting the waters of marinas located in the deep-water seaport. (O’Hara) ...
CS/CS/SB 826 (Mayfield) and HB 1329 (Plasencia) prohibit vessels under 500 gross tons in weight from remaining in the waters of marinas in a deep-water seaport that have been deemed not suitable for refuge upon issuance of a hurricane watch affecting the waters of marinas located in the deep-water seaport. (O’Hara)
Medically Essential Electric Utility Service (Watch)
HB 773 (Maggard) provides notification requirements for electric utilities relating to the certification process for obtaining medically essential electric service and service disconnection, including a requirement to post the certification process on their websites and to provide a written explanation of the certification process to each residential utility customer upon opening an account and at least semi-annually. The bill directs electric utilities to develop a standard certification form to be used by each residential customer who wishes for certification. The bill specifies minimum requirements for service disconnection for customers whose electric service is certified as medically essential and ...
HB 773 (Maggard) provides notification requirements for electric utilities relating to the certification process for obtaining medically essential electric service and service disconnection, including a requirement to post the certification process on their websites and to provide a written explanation of the certification process to each residential utility customer upon opening an account and at least semi-annually. The bill directs electric utilities to develop a standard certification form to be used by each residential customer who wishes for certification. The bill specifies minimum requirements for service disconnection for customers whose electric service is certified as medically essential and specifies circumstances under which health care practitioners may certify that a customer should qualify for medically essential electric utility service. (O’Hara)
Private Property Rights – Renewable Energy (Watch)
SB 288 (Rodriguez) exempts from the definition of “public utility” property owners who own and operate a renewable solar energy source device with a capacity of up to 2.5 megawatts on the property, produce renewable energy from that device and provide or sell the renewable energy to users located on that property. (O’Hara) ...
SB 288 (Rodriguez) exempts from the definition of “public utility” property owners who own and operate a renewable solar energy source device with a capacity of up to 2.5 megawatts on the property, produce renewable energy from that device and provide or sell the renewable energy to users located on that property. (O’Hara)
Prohibition of Plastic Carryout Bags and Straws (Watch)
SB 40 (Rader) would prohibit stores and food service businesses from providing plastic carryout bags to customers. The bill provides exceptions for specified items. In addition, the bill prohibits a food service business from selling or providing single-use plastic straws to customers. The business may provide a straw upon request to a person who requires a straw due to a disability or medical condition. The bill provides a $500 penalty for a first violation and up to $1,000 for a subsequent violation. (O’Hara) ...
SB 40 (Rader) would prohibit stores and food service businesses from providing plastic carryout bags to customers. The bill provides exceptions for specified items. In addition, the bill prohibits a food service business from selling or providing single-use plastic straws to customers. The business may provide a straw upon request to a person who requires a straw due to a disability or medical condition. The bill provides a $500 penalty for a first violation and up to $1,000 for a subsequent violation. (O’Hara)
Public Financing of Construction Projects (Watch)
CS/CS/SB 178 (Rodriguez) and CS/CS/HB 579 (Aloupis) require contractors to conduct a sea-level impact projection (SLIP) study on state-funded buildings within the coastal building zone. Buildings subject to this requirement would include construction projects of a municipality, county or any other public agency that is using state-appropriated funds for the project. The bills require the Department of Environmental Protection to develop rules for conducting a SLIP study and specifies required components to be addressed in the rules. In addition, DEP must also approve and publish copies of all SLIP studies for at least 10 years. (O'Hara) ...
CS/CS/SB 178 (Rodriguez) and CS/CS/HB 579 (Aloupis) require contractors to conduct a sea-level impact projection (SLIP) study on state-funded buildings within the coastal building zone. Buildings subject to this requirement would include construction projects of a municipality, county or any other public agency that is using state-appropriated funds for the project. The bills require the Department of Environmental Protection to develop rules for conducting a SLIP study and specifies required components to be addressed in the rules. In addition, DEP must also approve and publish copies of all SLIP studies for at least 10 years. (O'Hara)
Public Notification of Pollution (Watch)
SB 492 (Cruz) amends the Public Notification of Pollution statute to impose new duties on local governments, the Department of Environmental Protection and the Department of Health. The bill includes the discharge of perfluorooctanoic acid or perfluorooctanesulfonic acid as reportable releases of pollution under the statute, as well as the discharge of any substance that, if it impacted a water system, would result in a violation of state water quality standards. The bill requires DEP to notify by U.S. mail property owners with private wells in a 1-mile radius of any reported release or discharge under the law. ...
SB 492 (Cruz) amends the Public Notification of Pollution statute to impose new duties on local governments, the Department of Environmental Protection and the Department of Health. The bill includes the discharge of perfluorooctanoic acid or perfluorooctanesulfonic acid as reportable releases of pollution under the statute, as well as the discharge of any substance that, if it impacted a water system, would result in a violation of state water quality standards. The bill requires DEP to notify by U.S. mail property owners with private wells in a 1-mile radius of any reported release or discharge under the law. In addition, the bill requires the DOH or a local government entity to notify the DEP and the owner or operator of an installation within 24 hours of discovery of any reportable release as defined in the statute, regardless of whether the department or the local government was the owner or operator of the installation responsible for the release. (O’Hara)
Sanitary Sewer Laterals (Watch)
SB 150 (Brandes) encourages municipalities and counties to establish an evaluation and rehabilitation program for sanitary sewer laterals on residential and commercial properties within their respective jurisdictions to identify and reduce leakage from lateral lines. The voluntary program may encompass methods to identify damaged laterals, consider methods for property owners to repair or replace damaged laterals, and establish a publicly accessible database to store information on properties where defective laterals have been identified. The bill would also require sellers of property to disclose to prospective purchasers any known defects of the property’s sanitary sewer lateral to the purchaser. ...
SB 150 (Brandes) encourages municipalities and counties to establish an evaluation and rehabilitation program for sanitary sewer laterals on residential and commercial properties within their respective jurisdictions to identify and reduce leakage from lateral lines. The voluntary program may encompass methods to identify damaged laterals, consider methods for property owners to repair or replace damaged laterals, and establish a publicly accessible database to store information on properties where defective laterals have been identified. The bill would also require sellers of property to disclose to prospective purchasers any known defects of the property’s sanitary sewer lateral to the purchaser. (O’Hara)
State Renewable Energy Goals (Watch)
HB 97 (Eskamani) and SB 256 (Rodriguez) direct the Office of Energy within the Department of Agriculture and Consumer Services to develop a statewide plan to generate the state’s electricity from renewable energy by specified dates, requiring 40% renewable energy by 2030 and 100% by 2050. The bills would require state and public entities and utilities to cooperate as requested and would require the Office of Energy to submit the plan and updates to the governor and Legislature. In addition, SB 256 would require the Florida Public Service Commission to adopt rules by 2021 for ratification by the ...
HB 97 (Eskamani) and SB 256 (Rodriguez) direct the Office of Energy within the Department of Agriculture and Consumer Services to develop a statewide plan to generate the state’s electricity from renewable energy by specified dates, requiring 40% renewable energy by 2030 and 100% by 2050. The bills would require state and public entities and utilities to cooperate as requested and would require the Office of Energy to submit the plan and updates to the governor and Legislature. In addition, SB 256 would require the Florida Public Service Commission to adopt rules by 2021 for ratification by the Legislature providing for a renewable portfolio standard requiring each provider to supply renewable energy to its customers directly by procurement or through the purchase of renewable energy credits. (O’Hara)
Tax Credit for Carbon Farming (Watch)
SB 286 (Rodriguez) and HB 1069 (Joseph) establish a carbon tax credit to reward and incent farmers in Florida to maintain or adopt agricultural practices that help maximize the state’s carbon sequestration potential. The bills define “carbon farming” as the use of strategies to reduce, mitigate and sequester greenhouse gas emissions on land to support a farm operation using the U.S. Department of Agriculture’s COMET-Planner and other quantification tools. (O’Hara) ...
SB 286 (Rodriguez) and HB 1069 (Joseph) establish a carbon tax credit to reward and incent farmers in Florida to maintain or adopt agricultural practices that help maximize the state’s carbon sequestration potential. The bills define “carbon farming” as the use of strategies to reduce, mitigate and sequester greenhouse gas emissions on land to support a farm operation using the U.S. Department of Agriculture’s COMET-Planner and other quantification tools. (O’Hara)
Underground Facility Damage Prevention and Safety (Watch)
CS/HB 1095 (Fitizenhagen) and SB 1464 (Flores) provide for noncriminal infractions relating to the transportation of certain hazardous materials regulated by the United States Pipeline and Hazardous Materials Safety Administration and authorize the state fire marshal or fire chief of the county in which the infraction occurs to issue a citation to any excavator or member operator who commits such infraction. CS/HB 1095 was amended to include municipal fire chiefs within this grant of authority to issue citations (current law authorizes citations to also be issued by any local or state law enforcement operator, code inspector or code ...
CS/HB 1095 (Fitizenhagen) and SB 1464 (Flores) provide for noncriminal infractions relating to the transportation of certain hazardous materials regulated by the United States Pipeline and Hazardous Materials Safety Administration and authorize the state fire marshal or fire chief of the county in which the infraction occurs to issue a citation to any excavator or member operator who commits such infraction. CS/HB 1095 was amended to include municipal fire chiefs within this grant of authority to issue citations (current law authorizes citations to also be issued by any local or state law enforcement operator, code inspector or code enforcement officer). The bills provide for enhanced civil penalties and provide that if the citation is issued by one of the locally specified officers, the civil penalty collected by the clerk of court shall be distributed to the government entity of the employee issuing the citation. The bills specify that certain incident reports relating to the excavation of underground utilities must be submitted to the state fire marshal and specified local officers and authorize the fire marshal and local officers to issue citations and civil penalties. The bills remove provisions relating to the Division of Administrative Hearings of certain incidents relating to underground facility excavation. The bills create an underground facility damage prevention review panel under the state fire marshal to review complaints of alleged violations of the Underground Facility Damage Prevention and Safety Act to identify issues with damage prevention and enforcement. The panel is directed to determine if any statutory changes are needed to make pipes or facilities that transport hazardous materials safer and more resilient. The bills direct that panel members be appointed by Sunshine State One-Call of Florida and specify membership requirements of the panel. (O’Hara)
Water Quality Improvements (Watch)
CS/CS/SB 712 (Mayfield) and HB 1343 (Payne) make changes to current law relating to water quality improvements: septic systems, basin management action plans, stormwater management systems, land application of biosolids, sanitary sewer overflows and wastewater projects grants. ...
CS/CS/SB 712 (Mayfield) and HB 1343 (Payne) make changes to current law relating to water quality improvements: septic systems, basin management action plans, stormwater management systems, land application of biosolids, sanitary sewer overflows and wastewater projects grants. •Transfer of Septic Tank Program – The bills transfer regulation of septic tanks from the Department of Health to the Department of Environmental Protection and directs DEP to develop rules for the location of septic tanks to prevent groundwater and surface water contamination and to protect public health. The bills establish a septic tank technical advisory committee to submit recommendations for advanced nutrient removal technologies and other regulatory matters. HB 1343 includes additional provisions authorizing hardship variances for certain property subject to the one-septic tank/acre constraint in springs protection areas. •Stormwater – The bills direct the DEP and water management districts to initiate rulemaking for stormwater design criteria. CS/CS/CS/SB 712 further directs the agencies to revise stormwater best management practices by January 2021 to increase nutrient load removal and requires application of a “net improvement” performance standard. The Senate bill also directs DEP by January 2021 to evaluate performance data relating to stormwater “self-certification” and to recommend improvements to the program to the Legislature. DEP and the Department of Economic Opportunity, with local government cooperation, are charged with developing a model stormwater management program that will include model ordinances that target nutrient reduction and green infrastructure. •BMAPs – The bills require a BMAP to include a wastewater plan if DEP determines wastewater treatment facilities are contributing more than 20% of nutrient pollution or if deemed necessary to achieve the nutrient total maximum daily load (TMDL) for the BMAP. The wastewater plan is to be developed by each responsible local government, and the plan must address the facility upgrades or changes necessary to meet TMDL requirements. The wastewater plan must include a timeline for projects and estimated costs, and the plan must be adopted by July 2025. The bills prohibit DEP from requiring a higher cost project option for a wastewater plan if a lower cost option would achieve the same load reductions. The bills require a BMAP to include a septic remediation plan if DEP determines that septic tanks are contributing more than 20% of nutrient pollution or if deemed necessary to achieve the nutrient TMDL for the BMAP. The septic remediation plan must be developed by each responsible local government and must identify projects necessary to reduce nutrient loads and include an inventory of existing septic tanks. The septic remediation plan must also identify septic tanks that will be connected to central sewer, replaced or upgraded, and it must include estimated costs to implement projects. The septic remediation plan must be adopted as part of the BMAP by July 2025. The bills also require DEP to submit a report to the Legislature by July 2021 evaluating the costs of all septic system and wastewater treatment projects identified in BMAPs and identifying funding plans for the projects on a five-year basis. In addition, the bills require DEP to submit a report to the Legislature by July 2021 assessing the water quality monitoring being conducted for each BMAP that is subject to nutrient load reductions. •Agriculture – The bills require the Department of Agriculture and Consumer Services to collect fertilizer and nutrient records from producers enrolled in the agricultural best management practices program and provide such records to DEP. Both bills require DACS to conduct onsite inspections of enrollees every two years. CS/CS/CS/SB 712 also authorizes the creation of a “cooperative agricultural regional water quality improvement element” as part of a basin management action plan under specified conditions and establishes qualifications for participating in the element. •Wastewater Grant Program – The bills establish a wastewater grant program in DEP to provide a 50% match for specified projects intended to reduce nutrient loads. •Biosolids – CS/CS/CS/SB 712 expresses legislative intent to expedite implementation of the Biosolids Technical Advisory Committee. Both bills direct DEP to adopt rules for biosolids. CS/CS/CS/SB 712 requires biosolids application sites to comply with DEP rules in effect at the time of permit renewal and requires such sites to be enrolled in the DACS best management practices program. In addition, the Senate bill requires a permittee to conduct the application of biosolids in accordance with an adopted BMAP and requires the use of groundwater monitoring for specified application sites. The Senate bill also limits or prohibits the application of biosolids on certain sites based on water table levels until the effective date of biosolids rules adopted by DEP. CS/CS/CS/SB 712 grandfathers certain existing local ordinances relating to biosolids adopted prior to November 2019. •Sanitary Sewer Overflows – The bills require wastewater facilities to provide a power outage contingency plan and to develop an assessment, repair and replacement plan that complies with DEP rules. The bills direct DEP to conduct rulemaking on this subject. The plans shall be reported to DEP and must include expenditures taken for assessment, repair and replacement. A wastewater facility’s substantial compliance with these planning and reporting requirements may be evidence for mitigating applicable DEP environmental penalties. In addition, a facility may receive a 10-year operating permit if it is meeting the goals of its action plan. The bills require wastewater facilities to provide annual reports to DEP detailing revenues and expenditures as prescribed by DEP rule, and a facility’s substantial compliance with this requirement may be evidence for mitigating DEP penalties. CS/CS/CS/SB 712 requires DEP to submit an annual report to the Legislature detailing all facilities that experienced sanitary sewer overflows over the reporting period. •Additional DEP and Agency Reports – The bills require DEP to report by July 2020 the status of upgrades by specified wastewater utilities that are required to meet advanced treatment standards under current law, and the bill also requires DEP to submit cost estimates for wastewater facility and septic system remediation projects to the Office of Economic and Demographic Research beginning July 2022. EDR is required to include these cost estimates in its annual water resources assessment. •Monetary Penalties – The bills modify current law requirements on administrative penalties assessed by DEP. Total administrative penalties increased from $10,000 to $50,000. Wastewater violation penalties are included under the defined administrative penalties, these penalties increased by 50%: from $1,000 to $2,000 and $2,000 to $4,000, respectively. •DEP Secretary – CS/CS/CS/SB 712 changes the appointment process for the DEP secretary, requiring the concurrence of only one member of the Cabinet rather than three members as provided in current law. •Bottled Water – CS/CS/CS/SB 712 requires a consumptive use permit for bottled water to be approved by unanimous vote of a water management district governing board. The bill also requires DEP to conduct a study on the bottled water industry in Florida and requires the subjects to be addressed in the study. It requires the report to be submitted to the governor and legislature by June 2021. •Water Management District Annual Reports – CS/CS/CS/SB 712 requires water management districts to submit a copy of their annual reports to the Office of Economic and Demographic Research and requires the reports to include in the listing of projects to implement a BMAP, any projects converting septic systems to sewer or enhanced nutrient reducing systems. •Legal Standing – CS/CS/SB 712 prohibits local governments from recognizing or granting certain legal rights to the natural environment (e.g., granting legal standing to waterbodies) or granting enforcement of such rights to persons or political subdivision. (O’Hara)