Florida 2021 Regular Session Status: In Committee 1 R cosponsors

HB 263 — Reclaimed Water

Last action — Laid on Table; companion bill(s) passed, see CS/SB 64 (Ch. 2021-168)

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

This bill died with 2021 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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.

Summary

Reclaimed Water; Requires certain wastewater utilities to submit, implement, & update plans eliminating nonbeneficial surface water discharge; directs DEP to approve plans & make related determinations & submit reports to Legislature; provides administrative & civil penalties; authorizes DEP to convene technical advisory groups; provides that potable reuse is alternative water supply & eligible for expedited permitting & priority funding; directs DEP & water management districts to develop coordinated permit review; requires local governmental entities to authorize use of & provide incentives for graywater technologies; provides that residential graywater systems meet certain water conservation requirements.

Bill Text

What changed in the latest version

328 added · 361 removed

328 line(s) added, 361 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 263 2021 A bill to be entitled An act relating to reclaimed water;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 263 2021 A bill to be entitled An act relating to reclaimed water;
requiring certain utilities to submit updated annual plans until certain conditions are met;
providing that potable reuse is an alternative water supply and that projects relating to Page 1 of 14 CODING:
providing that potable reuse is an alternative water supply and that projects relating to such reuse are eligible for alternative water supply funding;
requiring the department and the water Page 1 of 13 CODING:
hb0263-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 263 2021 such reuse are eligible for alternative water supply funding;
hb0263-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 263 2021 management districts to develop and execute, by a specified date, a memorandum of agreement for the coordinated review of specified permits;
requiring the department and the water management districts to develop and execute, by a specified date, a memorandum of agreement for the coordinated review of specified permits;
Present subsection (17) of section 403.064, Florida Statutes, is redesignated as subsection (18) and Page 2 of 14 CODING:
Present subsection (17) of section 403.064, Florida Statutes, is redesignated as subsection (18) and amended, and a new subsection (17) is added to that section, to read:
Page 2 of 13 CODING:
hb0263-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 263 2021 amended, and a new subsection (17) is added to that section, to read:
hb0263-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 263 2021 403.064 Reuse of reclaimed water.— (17) By November 1, 2021, domestic wastewater utilities that dispose of effluent, reclaimed water, or reuse water by surface water discharge shall submit to the department for review and approval a plan for eliminating nonbeneficial surface water discharge within 5 years, subject to the requirements of this section.
403.064 Reuse of reclaimed water.— (17) By November 1, 2021, domestic wastewater utilities that dispose of effluent, reclaimed water, or reuse water by surface water discharge shall submit to the department for review and approval a plan for eliminating nonbeneficial surface water discharge within 5 years, subject to the requirements of this section.
and 3., or, if applicable to the utility, under paragraph (b);
and 3.;
Page 3 of 14 CODING:
403.086(10).
3.
The plan does not provide for a complete elimination of the surface water discharge but does provide an affirmative Page 3 of 13 CODING:
hb0263-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 263 2021 403.086(10).
hb0263-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 263 2021 demonstration that any of the following conditions apply to the remaining discharge:
3.
The plan does not provide for a complete elimination of the surface water discharge but does provide an affirmative demonstration that any of the following conditions apply to the remaining discharge:
(b) The department shall also approve a plan if a utility demonstrates that it is technically, economically, or environmentally infeasible for the utility to meet any of the conditions provided in paragraph (a) for the discharge within 5 years after submitting the plan to the department;
94 The plan may include conceptual projects under sub-subparagraphs a.
that Page 4 of 14 CODING:
and e.;
however, such inclusion does not extend the time within which the plan must be implemented.
(b) The department shall approve or deny a plan within 9 months after receiving the plan and, if a plan is approved, must incorporate it in the utility's operating permit issued under s.
403.087.
Any applicable environmental and public health Page 4 of 13 CODING:
hb0263-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 263 2021 implementing such alternatives would create a severe undue economic hardship on the community served by the utility, as demonstrated by the impact to utility ratepayers, a lack of a reasonable return on investment, and the unaffordability of implementing any combination of the alternatives;
hb0263-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 263 2021 protection requirements provided by law or department rule governing the implementation of the plan must also be incorporated into the permit.
and that the plan provides a means to eliminate the discharge to the extent feasible.
(c) The department shall approve or deny a plan within 9 months after receiving the plan and, if a plan is approved, must incorporate it in the utility's operating permit issued under s.
403.087.
Any applicable environmental and public health protection requirements provided by law or department rule governing the implementation of the plan must also be incorporated into the permit.
(d) Upon approval of a plan by the department, a utility shall fully implement the approved plan by January 1, 2028;
(c) Upon approval of a plan by the department, a utility shall fully implement the approved plan by January 1, 2028;
(e) If a plan is not timely submitted by a utility or Page 5 of 14 CODING:
(d) If a plan is not timely submitted by a utility or approved by the department, the utility's domestic wastewater treatment facilities may not dispose of effluent, reclaimed water, or reuse water by surface water discharge after January 1, 2028.
Words stricken are deletions;
words underlined are additions.
hb0263-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 263 2021 approved by the department, the utility's domestic wastewater treatment facilities may not dispose of effluent, reclaimed water, or reuse water by surface water discharge after January 1, 2028.
(f) A utility that has had a plan approved by the department pursuant to paragraph (b) shall update the plan annually until the utility is able to meet one or more of the conditions provided in paragraph (a).
(e) A domestic wastewater utility applying for a permit for a new or expanded surface water discharge shall prepare a plan in accordance with this subsection as part of that permit application.
The updated annual plan must affirmatively demonstrate that the utility continues to be unable to meet any of the conditions provided in paragraph (a) because it is infeasible to do so and a severe undue economic hardship still exists as provided in paragraph (b).
The department may not approve a permit for a new or expanded surface water discharge unless the plan meets one or Page 5 of 13 CODING:
The department shall review the updated plans to verify that the utility is unable to meet any of the conditions provided in paragraph (a) and that the utility continues to meet the conditions of paragraph (b).
If the department determines that the utility is able to meet any of the conditions and the utility is no longer eligible for approval under paragraph (b), the utility must submit a plan in accordance with paragraph (a) within 9 months after receiving notice of such a determination from the department, and the utility must fully implement such plan within 5 years after receiving an approval by the department.
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hb0263-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 263 2021 (g) A domestic wastewater utility applying for a permit for a new or expanded surface water discharge shall prepare a plan in accordance with this subsection as part of that permit application.
hb0263-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 263 2021 more of the conditions provided in paragraph (a).
The department may not approve a permit for a new or expanded surface water discharge unless the plan meets one or more of the conditions provided in paragraph (a).
(f) By December 31, 2021, and annually thereafter, the department shall submit a report to the President of the Senate and the Speaker of the House of Representatives which provides the average gallons per day of effluent, reclaimed water, or reuse water which will no longer be discharged into surface waters by the utility and the dates of such elimination;
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(h) By December 31, 2021, and annually thereafter, the department shall submit a report to the President of the Senate and the Speaker of the House of Representatives which provides the average gallons per day of effluent, reclaimed water, or reuse water which will no longer be discharged into surface waters by the utility and the dates of such elimination;
the average gallons per day of effluent, reclaimed water, or reuse water which is proposed to continue to be discharged under paragraph (b) and the level of treatment which the effluent, reclaimed water, or reuse water will receive before being discharged into a surface water by the utility;
(i) This subsection does not apply to any of the Page 7 of 14 CODING:
(g) This subsection does not apply to any of the following:
Words stricken are deletions;
words underlined are additions.
hb0263-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 263 2021 following:
A domestic wastewater treatment facility that is located in a municipality that has less than $10 million in total revenue, as determined by the municipality's most recent annual financial report submitted to the Department of Financial Services in accordance with s.
A domestic wastewater treatment facility that is located in a municipality that has less than $10 million in total revenue, as determined by the municipality's most recent Page 6 of 13 CODING:
Words stricken are deletions;
words underlined are additions.
hb0263-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 263 2021 annual financial report submitted to the Department of Financial Services in accordance with s.
(j) This subsection does not prohibit the inclusion of a plan for backup discharges pursuant to s.
(h) This subsection does not prohibit the inclusion of a plan for backup discharges pursuant to s.
(k) This subsection may not be deemed to exempt a utility from requirements that prohibit the causing of or contributing to violations of water quality standards in surface waters, including groundwater discharges that affect water quality in surface waters.
(i) This subsection may not be deemed to exempt a utility from requirements that prohibit the causing of or contributing to violations of water quality standards in surface waters, including groundwater discharges that affect water quality in surface waters.
Framework for the Implementation of Potable Reuse in Florida." Rules for potable reuse projects must address contaminants of emerging concern and meet or exceed federal and Page 8 of 14 CODING:
Framework for the Implementation of Potable Reuse in Florida." Rules for potable reuse projects must address contaminants of emerging concern and meet or exceed federal and state drinking water quality standards and other applicable water quality standards.
Words stricken are deletions;
words underlined are additions.
hb0263-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 263 2021 state drinking water quality standards and other applicable water quality standards.
(c) The department may convene and lead one or more technical advisory groups to coordinate the rulemaking and review of rules for potable reuse as required under this section.
(c) The department may convene and lead one or more technical advisory groups to coordinate the rulemaking and review of rules for potable reuse as required under this Page 7 of 13 CODING:
Words stricken are deletions;
words underlined are additions.
hb0263-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 263 2021 section.
(e) The department and the water management districts shall develop and execute, by December 31, 2023, a memorandum of Page 9 of 14 CODING:
(e) The department and the water management districts shall develop and execute, by December 31, 2023, a memorandum of agreement providing for the procedural requirements of a coordinated review of all permits associated with the construction and operation of an indirect potable reuse project.
Words stricken are deletions;
words underlined are additions.
hb0263-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 263 2021 agreement providing for the procedural requirements of a coordinated review of all permits associated with the construction and operation of an indirect potable reuse project.
(f) To encourage investment in the development of potable reuse projects by private entities, a potable reuse project developed as a qualifying project pursuant to s.
(f) To encourage investment in the development of potable Page 8 of 13 CODING:
Words stricken are deletions;
words underlined are additions.
hb0263-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 263 2021 reuse projects by private entities, a potable reuse project developed as a qualifying project pursuant to s.
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(a) "Developer" has the same meaning as in s.
Words stricken are deletions;
words underlined are additions.
hb0263-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 263 2021 (a) "Developer" has the same meaning as in s.
(a) Authorize the use of residential graywater technologies in their respective jurisdictions which meet the requirements of this section, the Florida Building Code, and applicable requirements of the Florida Department of Health and have received all applicable regulatory permits or authorizations;
(a) Authorize the use of residential graywater technologies in their respective jurisdictions which meet the requirements of this section, the Florida Building Code, and applicable requirements of the Florida Department of Health and have received all applicable regulatory permits or Page 9 of 13 CODING:
and (b) Provide density or intensity bonuses to the developer or homebuilder to fully offset the capital costs of the technology and installation costs.
Words stricken are deletions;
(3) To qualify for the incentives, the developer or homebuilder must certify to the applicable government entity as part of its application for development approval or amendment of a development order that all of the following conditions are met:
words underlined are additions.
hb0263-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 263 2021 authorizations;
and (b) Provide a 15 percent density or intensity bonus to a developer or homebuilder if at least 75 percent of a proposed or an existing development will have a graywater system installed.
The bonus under this paragraph is in addition to any bonus provided by a county, municipality, or special district ordinance in effect on July 1, 2021.
(3) To qualify for the incentives, a developer or homebuilder must certify to the applicable government entity as part of its application for development approval or amendment of a development order that all of the following conditions are met:
(b) Each single-family residential home or residence will have its own residential graywater system that is dedicated for Page 11 of 14 CODING:
(b) Each single-family residential home or residence will have its own residential graywater system that is dedicated for its use.
(c) It has submitted a manufacturer's warranty or data providing reasonable assurance that the residential graywater system will function as designed and includes an estimate of anticipated potable water savings for each system.
A submission of the manufacturer's warranty or data from a building code official, government entity, or research institute that has Page 10 of 13 CODING:
hb0263-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 263 2021 its use.
hb0263-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 263 2021 monitored or measured the residential graywater system that is proposed to be installed for such development shall be accepted as reasonable assurance and no further information or assurance is needed.
(c) It has submitted a manufacturer's warranty or data providing reasonable assurance that the residential graywater system will function as designed and includes an estimate of anticipated potable water savings for each system.
(d) The required maintenance of the graywater system will be the responsibility of the residential homeowner.
A submission of the manufacturer's warranty or data from a building code official, government entity, or research institute that has monitored or measured the residential graywater system that is proposed to be installed for such development shall be accepted as reasonable assurance and no further information or assurance is needed.
(d) The required maintenance of the graywater system will be the responsibility of the residential homeowner or manufacturer.
The approval must also provide for the process that the developer or homebuilder will follow to Page 12 of 14 CODING:
The approval must also provide for the process that the developer or homebuilder will follow to verify that such systems have been purchased.
Proof of purchase must be provided within 180 days from the issuance of a certificate of occupancy for single-family residential homes that are either detached or multifamily projects under five stories.
(5) The installation of residential graywater systems in a county or municipality in accordance with this section shall qualify as a water conservation measure in a public water Page 11 of 13 CODING:
hb0263-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 263 2021 verify that such systems have been purchased.
hb0263-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 263 2021 utility's water conservation plan pursuant to s.
Proof of purchase must be provided within 180 days from the issuance of a certificate of occupancy for single-family residential homes that are either detached or multifamily projects under five stories.
(5) The installation of residential graywater systems in a county or municipality in accordance with this section shall qualify as a water conservation measure in a public water utility's water conservation plan pursuant to s.
To further promote the reuse of reclaimed water for irrigation purposes, the rules that apply when reclaimed water is injected into a receiving groundwater that has 1,000 to 3,000 mg/L total dissolved solids are applicable to reclaimed water aquifer storage and recovery wells injecting into a receiving groundwater of less than 1,000 mg/L total dissolved solids if the applicant demonstrates that it is injecting into a confined aquifer, that there are no potable water supply wells within 3,500 feet of the aquifer storage and recovery wells, and that it has implemented institutional controls to prevent the future construction of potable water supply wells within 3,500 feet of the aquifer storage and recovery wells.
To further promote the reuse of reclaimed water for irrigation purposes, the rules that apply when reclaimed water is injected into a receiving groundwater that has 1,000 to 3,000 mg/L total dissolved solids are applicable to reclaimed water aquifer storage and recovery wells injecting into a receiving groundwater of less than 1,000 mg/L total dissolved solids if the applicant demonstrates that it is injecting into a confined aquifer, that there are no potable water supply wells within 3,500 feet of the aquifer storage and recovery wells, that it has implemented institutional controls to prevent the future construction of potable water supply wells within 3,500 feet of the aquifer storage and recovery wells, and that the recovered water is being used for irrigation purposes.
This section may Page 13 of 14 CODING:
The injection of reclaimed water that meets the requirements of this section is not potable reuse.
This section may not be construed to exempt the reclaimed water aquifer storage and recovery wells from requirements that prohibit the causing of or contribution to violations of water quality standards in surface waters, including groundwater discharges that flow by interflow and affect water quality in surface waters.
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hb0263-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 263 2021 not be construed to exempt the reclaimed water aquifer storage and recovery wells from requirements that prohibit the causing of or contribution to violations of water quality standards in surface waters, including groundwater discharges that flow by interflow and affect water quality in surface waters.
hb0263-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 263 2021 Section 4.
Section 4.
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hb0263-00
hb0263-01-c1
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Action History

  1. Laid on Table; companion bill(s) passed, see CS/SB 64 (Ch. 2021-168)

  2. Substituted CS/SB 64

  3. Bill added to Special Order Calendar (4/13/2021)

  4. Added to Second Reading Calendar

  5. Bill released to House Calendar

  6. Reported out of State Affairs Committee

  7. Favorable by State Affairs Committee

  8. Added to State Affairs Committee agenda

  9. Now in State Affairs Committee

  10. Reported out of Agriculture & Natural Resources Appropriations Subcommittee

  11. Favorable by Agriculture & Natural Resources Appropriations Subcommittee

  12. Added to Agriculture & Natural Resources Appropriations Subcommittee agenda

  13. Now in Agriculture & Natural Resources Appropriations Subcommittee

  14. Referred to State Affairs Committee

  15. Referred to Agriculture & Natural Resources Appropriations Subcommittee

  16. 1st Reading (Committee Substitute 1)

  17. CS Filed

  18. Laid on Table under Rule 7.18(a)

  19. Reported out of Environment, Agriculture & Flooding Subcommittee

  20. Favorable with CS by Environment, Agriculture & Flooding Subcommittee

  21. 1st Reading (Original Filed Version)

  22. Added to Environment, Agriculture & Flooding Subcommittee agenda

  23. Now in Environment, Agriculture & Flooding Subcommittee

  24. Referred to State Affairs Committee

  25. Referred to Agriculture & Natural Resources Appropriations Subcommittee

  26. Referred to Environment, Agriculture & Flooding Subcommittee

  27. Filed

Sponsors

Sponsorship breakdown

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

Sponsors (1)

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 (State Affairs Committee)

Passed 22 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 8002
Democrat 6000
Republican 8000
Total 22002
% of votes cast 92%0%0%8%
How each member voted (24)
Member Party Vote
Altman — Yea
Drake — Yea
Fischer — Not Voting
Goff-Marcil — Yea
Hardy — Yea
Payne — Yea
Roth — Yea
Stevenson — Yea
Toledo — Not Voting
Zika — Yea
Bartleman, Robin Democrat Yea
Chambliss, Kevin D. Democrat Yea
Hinson, Yvonne Hayes Democrat Yea
Joseph, Dotie Democrat Yea
Smith, Carlos Guillermo Democrat Yea
Woodson, Marie Paule Democrat Yea
Buchanan, James Republican Yea
Chaney, Linda Republican Yea
Giallombardo, Mike Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McFarland, Fiona Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Smith, David Republican Yea

Official roll call →

Favorable (Agriculture & Natural Resources Appropriations Subcommittee)

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 6000
Democrat 2000
Unaffiliated 7000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Clemons — Yea
Hardy — Yea
Morales — Yea
Omphroy — Yea
Roth — Yea
Stevenson — Yea
Tomkow — Yea
Chambliss, Kevin D. Democrat Yea
Tant, Allison Democrat Yea
Botana, Adam Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Busatta, Demi Republican Yea
Fabricio, Tom Republican Yea
McClure, Lawrence Republican Yea

Official roll call →

Favorable With Committee Substitute (Environment, Agriculture & Flooding Subcommittee)

Passed 17 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Republican 9000
Democrat 2001
Total 17002
% of votes cast 89%0%0%11%
How each member voted (19)
Member Party Vote
Alexander — Yea
Aloupis — Yea
Diamond — Yea
Fine — Yea
Hardy — Yea
Omphroy — Yea
Tomkow — Not Voting
Daley, Dan Democrat Not Voting
Hunschofsky, Christine Democrat Yea
Tant, Allison Democrat Yea
Buchanan, James Republican Yea
Busatta, Demi Republican Yea
Chaney, Linda Republican Yea
LaMarca, Chip Republican Yea
McFarland, Fiona Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Smith, David Republican Yea
Truenow, Keith L. Republican Yea

Official roll call →

Subjects

environment technology agriculture
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Frequently asked questions

What does HB 263 do?
Reclaimed Water; Requires certain wastewater utilities to submit, implement, & update plans eliminating nonbeneficial surface water discharge; directs DEP to approve plans & make related determinations & submit reports to Legislature; provides administrative & civil penalties; authorizes DEP to convene technical advisory groups; provides that potable reuse is alternative water supply & eligible for expedited permitting & priority funding; directs DEP & water management districts to develop coordinated permit review; requires local governmental entities to authorize use of & provide incentives for graywater technologies; provides that residential graywater systems meet certain water conservation requirements.
Who sponsors HB 263?
HB 263 is sponsored by Maggard, Randall Scott "Randy" (Republican).
What is the current status of HB 263?
This bill died with 2021 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 HB 263?
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