Florida 2018 Regular Session Status: In Committee

SB 244 — Domestic Wastewater Collection System Assessment and Maintenance

Last action — Died in Communications, Energy, and Public Utilities

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

315 added · 299 removed

Plain-language change summary

The changes to SB 244 clarify the roles of the Department of Environmental Protection and the Environmental Regulation Commission in the certification process for the blue star collection system assessment program. The revised bill specifies that the department will adopt rules and review applications for certification, whereas previously the commission would establish the certification standards. This shift is significant because it centralizes authority within one agency, potentially streamlining the certification process and making it more efficient for utilities seeking certification. Additionally, the amendments include new provisions for public and nonprofit utilities to participate in financial assistance programs, which could enhance support for water-related projects across the state.

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Florida Senate - 2018 SB 244 By Senator Brandes 24-00272-18 2018244__ A bill to be entitled An act relating to domestic wastewater collection system assessment and maintenance;
Florida Senate - 2018 CS for SB 244 By the Committee on Environmental Preservation and Conservation;
and Senator Brandes 592-02876-18 2018244c1 A bill to be entitled An act relating to domestic wastewater collection system assessment and maintenance;
defining the terms “commission” and “program”;
defining terms;
establishing the blue star collection system assessment and maintenance program and providing its purpose;
establishing the blue star collection system assessment and maintenance program;
requiring the Department of Environmental Protection to review and approve program applications for certification;
specifying the purpose of the program;
requiring the Environmental Regulation Commission to adopt certification standards for the program;
requiring the Department of Environmental Protection to adopt rules and review and, if appropriate, approve applications for certification under the program;
specifying the documentation a utility must submit to qualify for certification;
requiring utilities applying for certification to provide reasonable documentation demonstrating that it meets specified certification standards;
authorizing the department to waive certain requirements for utilities for certain smaller populations;
providing that certifications expire after a specified period of time;
providing for certification expiration and renewal;
specifying requirements to maintain program certification;
requiring the department to publish an annual list of certified blue star utilities;
requiring the department to annually publish a list of certified blue star utilities, beginning on a specified date;
requiring the department to allow public and not-for profit utilities to participate in the Clean Water State Revolving Fund Program;
requiring the department to allow public and private, nonprofit utilities to participate in the Clean Water State Revolving Fund Program for certain purposes;
authorizing the department to reduce penalties for a certified utility and allow the utility to apply the amount of a penalty toward certain system investments;
authorizing the department to reduce certain penalties for a certified utility under specified conditions;
creating a presumption of compliance for certain total maximum daily load requirements for certified utilities;
creating a presumption of compliance with certain total maximum daily load requirements for certified blue star utilities;
requiring the department to provide extended operating permits when a certified utility applies for permit renewal;
requiring the department to provide extended operating permits when a certified blue star utility applies for permit renewal under certain conditions;
403.161, F.S.;
authorizing the department to reduce a penalty based on certain system investments for permitted facilities;
amending s.
35 Be It Enacted by the Legislature of the State of Florida:
37 Be It Enacted by the Legislature of the State of Florida:
37 Section 1. Section 403.1839, Florida Statutes, is created to read:
39 Section 1. Section 403.1839, Florida Statutes, is created to read:
403.1839 Blue star collection system assessment and maintenance program.— (1) DEFINITIONS.—As used in this section, the term:
403.1839 Blue star collection system assessment and maintenance program.— (1)DEFINITIONS.—As used in this section, the terms:
(a) “Commission” means the Environmental Regulation Commission.
(a) “Domestic wastewater” has the same meaning as in s.
(b) “Program” means the blue star collection system assessment and maintenance program.
367.021.
(2) LEGISLATIVE FINDINGS.—The Legislature finds that the implementation of sewer collection system assessment and maintenance practices has been shown to effectively limit the unauthorized releases or spills of treated or untreated domestic wastewater, generally referred to as sanitary sewer overflows, and the unauthorized discharge of pathogens.
(b) “Domestic wastewater collection system” has the same meaning as in s.
The disparate nature of inputs into a collection system, third-party activities, severe storm events, and other factors beyond the reasonable control of the utility operator make it infeasible to completely eliminate sewer overflows.
403.866.
However, the voluntary implementation of advanced sewer collection system assessment and maintenance practices beyond those required by law has the potential to further limit sanitary sewer overflows.
(c) “Program” means the blue star collection system assessment and maintenance program created pursuant to this section.
The unique geography, community, growth, and size and age of sewer collection systems across the state require diverse responses, using the best professional judgment of local utility operators, to ensure that programs designed to limit sanitary sewer overflows are effective.
(d) “Sanitary sewer overflow” means the unauthorized overflow, spill, release, discharge or diversion of untreated or partially treated domestic wastewater.
(2) LEGISLATIVE FINDINGS.—The Legislature finds that:
(a) The implementation of domestic wastewater collection system assessment and maintenance practices has been shown to effectively limit sanitary sewer overflows and the unauthorized discharge of pathogens.
(b) The voluntary implementation of domestic wastewater collection system assessment and maintenance practices beyond those required by law has the potential to further limit sanitary sewer overflows.
(c) The unique geography, community, growth, size, and age of domestic wastewater collection systems across the state require diverse responses, using the best professional judgment of local utility operators, to ensure that programs designed to limit sanitary sewer overflows are effective.
(4) APPROVAL AND STANDARDS.— (a) The department shall review and approve public and private sewer utilities applying for certification under the program based upon the certification standards adopted by the commission.
(4) APPROVAL AND STANDARDS.— (a) The department shall adopt rules to administer the program, including program certification standards, and shall review and, if appropriate, approve public and private domestic wastewater utilities that apply for certification under the program or that demonstrate continued compliance with program certification requirements pursuant to subsection (4)(c).
(b) The commission shall adopt certification standards for the program.
(b) In order to be certified under the program, a utility must provide reasonable documentation that demonstrates that it meets the following certification standards:
A utility must provide reasonable documentation of the following in order to be certified under the program:
1. Implementation of periodic collection system and pump station structural condition assessments and the performance of as-needed maintenance and replacement.
1. The rate of reinvestment determined necessary by the utility for its collection system and pump station structural condition assessment and maintenance and replacement program.
2. Adequate reinvestment by the utility in its collection system and pump station structural condition assessment and maintenance and replacement program to reasonably maintain the working integrity of the system and station.
2. A program of periodic collection system and pump station structural condition assessments and the performance of as needed maintenance and replacements.
3. Implementation of a program designed to limit the presence of fats, roots, oils, and grease in the collection system.
3. A program designed to limit the presence of fats, roots, oils, and grease in the collection system.
4. If the applicant is a public utility, the existence of a local law or building code requiring the private pump stations and lateral lines connecting to the public system to be free of:
4. If the applicant is a public utility, a local law or building code requiring the private pump stations and lateral lines connecting to the public system to be free of:
94 The department may waive one or more of these requirements for a utility that regularly serves a population of 10,000 or less if the utility adequately demonstrates to the department that its assessment and maintenance activities achieve the goals of the blue star collection system assessment and maintenance program.
5. Adoption of a power outage contingency plan that addresses mitigation of the impacts of power outages on the utility’s collection system and pump stations.
The utility may cite assessment projects funded pursuant to a grant under s.
(c) Program certifications expire after 5 years.
403.1838 as evidence of such achievement.
During the 5-year certification period, a utility must annually provide documentation to the department on the status of its implementation of the program and must demonstrate that it meets all program criteria in order to maintain its program certification.
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(5) EXPIRATION AND RENEWAL.—Program certifications shall expire after 10 years.
(5) PUBLICATION.—Beginning on January 1, 2020, the department shall annually publish on its website a list of certified blue star utilities.
A utility applying for renewal must meet all program criteria existing at the time of its application for renewal in order to maintain its program certification.
(6) FEDERAL PROGRAM PARTICIPATION.—The department shall allow public and private, nonprofit utilities to participate in the Clean Water State Revolving Fund Program for any purpose of the program which is consistent with federal requirements for participating in the Clean Water State Revolving Fund Program.
(6) PUBLICATION.—The department shall annually publish on its website a list of certified blue star utilities beginning on January 1, 2019.
(7) REDUCED PENALTIES.—In the calculation of penalties for a sanitary sewer overflow pursuant to s.
(7) FEDERAL PROGRAM PARTICIPATION.—The department shall allow public and not-for-profit private utilities to participate in the Clean Water State Revolving Fund Program for any purpose consistent with federal law, including to plan and implement sanitary sewer assessment programs to identify conditions that may cause unauthorized releases or spills of treated or untreated domestic wastewater, pipe leakage, or interruption of service to customers due to a physical condition or defect in the system, as well as any assessment, maintenance, or construction activities associated with becoming certified or maintaining status as a certified blue star utility in accordance with this section.
403.161, the department may reduce the penalty based on a utility’s status as a certified blue star utility in accordance with this section.
(8) REDUCED PENALTIES.—In the calculation of penalties pursuant to s.
The department may also reduce a penalty based on a certified blue star utility’s investment in assessment and maintenance activities to identify and address conditions that may cause sanitary sewer overflows or interruption of service to customers due to a physical condition or defect in the system.
403.161 for a sanitary sewer overflow, the department may reduce the penalty based on a utility’s status as a certified blue star utility in accordance with this section.
The department may allow any certified blue star utility to apply the amount of a penalty toward investment in assessment and maintenance activities to identify and address conditions that may cause unauthorized releases or spills of treated or untreated domestic wastewater, pipe leakage, or interruption of service to customers due to a physical condition defect in the system.
These practices and measures may be adopted by rule by the department and the water management districts and, where adopted by rule, shall be implemented by those parties responsible for nonagricultural nonpoint source pollution.
These practices and measures may be adopted by rule by the department and the water management districts and, where adopted by rule, must shall be implemented by those parties responsible for nonagricultural nonpoint source pollution.
In the process of developing and adopting rules for interim measures, best management practices, or other measures, the Department of Agriculture and Consumer Services shall consult with the department, the Department of Health, the water management districts, representatives from affected farming groups, and environmental group representatives.
In the process of developing and adopting rules for interim measures, best management practices, or other measures, the Department of Agriculture and Consumer Services must shall consult with the department, the Department of Health, the water management districts, representatives from affected farming groups, and environmental group representatives.
Should the reevaluation determine that the best management practice or other measure requires modification, the department, a water management district, or the Department of Agriculture and Consumer Services, as appropriate, shall revise the rule to require implementation of the modified practice within a reasonable time period as specified in the rule.
Should the reevaluation determine that the best management practice or other measure requires modification, the department, a water management district, or the Department of Agriculture and Consumer Services, as appropriate, must shall revise the rule to require implementation of the modified practice within a reasonable time period as specified in the rule.
7. The department must provide a domestic wastewater utility with a presumption of compliance with state water quality standards for pathogens when the utility demonstrates a history of compliance with wastewater disinfection requirements incorporated in the utility’s operating permit for any discharge into the impaired surface water, and the utility is a certified blue star utility in accordance with s.
7. The department must provide a domestic wastewater utility that implements and maintains a program as a certified blue star utility in accordance with s.
403.1839.
403.1839 with a presumption of compliance with state water quality standards for pathogens when the utility demonstrates a history of compliance with wastewater disinfection requirements incorporated in the utility’s operating permit for any discharge into the impaired surface water.
penalty.— (11) A blue star utility certified pursuant to s.
penalty.— (11) Subject to the permit duration limits for a utility permitted pursuant to s.
403.1839 shall be issued a 10-year permit upon approval of its application for renewal by the department in accordance with this section.
403.0885, the department must issue a blue star utility certified pursuant to s.
Section 4. Subsection (3) of section 403.1838, Florida Statutes, is amended to read:
403.1839 a 10-year permit, for the same fee and under the same conditions that apply to a 5-year permit, upon approval of its application for permit renewal, if the certified blue star utility demonstrates that it:
403.1838 Small Community Sewer Construction Assistance Act.— (3)(a) In accordance with rules adopted by the Environmental Regulation Commission under this section, the department may provide grants, from funds specifically appropriated for this purpose, to financially disadvantaged small communities and to private, not-for-profit utilities serving financially disadvantaged small communities for up to 100 percent of the costs of planning, assessing, designing, constructing, upgrading, or replacing wastewater collection, transmission, treatment, disposal, and reuse facilities, including necessary legal and administrative expenses.
(a) Is in compliance with any consent order or an accompanying administrative order related to its permit;
Grants issued pursuant to this section may also be used for planning and implementing sanitary sewer assessment programs to identify conditions that may cause unauthorized releases or spills of treated or untreated domestic wastewater, pipe leakage, or interruption of service to customers due to a physical condition or defect in the system.
(b) Does not have any pending enforcement action against it by the Environmental Protection Agency, the department, or a local program;
and (c) If applicable, has submitted annual program implementation reports demonstrating progress in the implementation of the program.
Section 4. Subsection (6) of section 403.161, Florida Statutes, is renumbered as subsection (7), and a new subsection (6) is added to that section, to read:
403.161 Prohibitions, violation, penalty, intent.— (6) Notwithstanding any other law, the department may reduce a penalty based on the person’s investment in the assessment, maintenance, rehabilitation, or expansion of the permitted facility.
Section 5. Paragraphs (a) and (b) of subsection (3) of section 403.1838, Florida Statutes, are amended to read:
403.1838 Small Community Sewer Construction Assistance Act.— (3)(a) In accordance with rules adopted by the Environmental Regulation Commission under this section, the department may provide grants, from funds specifically appropriated for this purpose, to financially disadvantaged small communities and to private, nonprofit utilities serving financially disadvantaged small communities for up to 100 percent of the costs of planning, assessing, designing, constructing, upgrading, or replacing wastewater collection, transmission, treatment, disposal, and reuse facilities, including necessary legal and administrative expenses.
Grants issued pursuant to this section may also be used for planning and implementing domestic wastewater collection system assessment programs to identify conditions that may cause sanitary sewer overflows or interruption of service to customers due to a physical condition or defect in the system.
Section 5. This act shall take effect July 1, 2018.
Section 6. This act shall take effect July 1, 2018.
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Action History

  1. Died in Communications, Energy, and Public Utilities

  2. Indefinitely postponed and withdrawn from consideration

  3. Now in Communications, Energy, and Public Utilities

  4. CS by Environmental Preservation and Conservation read 1st time

  5. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  6. CS by Environmental Preservation and Conservation; YEAS 10 NAYS 0

  7. On Committee agenda-- Environmental Preservation and Conservation, 02/05/18, 4:30 pm, 37 Senate Office Building

  8. Introduced

  9. Referred to Environmental Preservation and Conservation; Communications, Energy, and Public Utilities; Appropriations; Rules

  10. Filed

Sponsors

  • Brandes · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Brandes

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable with Committee Substitute

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Republican 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Bean — Yea
Flores — Yea
Hukill — Yea
Simmons — Yea
Book — Yea
Farmer — Yea
Hutson — Yea
Stewart — Yea
Taddeo — Yea
Bradley, Jennifer Republican Yea

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Subjects

environment technology
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Frequently asked questions

Who sponsors SB 244?
SB 244 is sponsored by Brandes.
What is the current status of SB 244?
This bill died with 2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 244?
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