SB 1510 — Department of Environmental Protection

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Florida Senate - 2026 CS for SB 1510 592-02473-26 20261510c1 Be It Enacted by the Legislature of the State of Florida:

All Pageappointments 5shall ofbe 124for CODING:4-year terms.

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26 20261510c2 appointments shall be for 4-year terms.

The commission may employ independent counsel and contract for the services of outside technicalPage consultants.5 of 122 CODING:

Section 2.

Section 163.3205, Florida Statutes, is amended to read:

163.3205 Solar facility approval process;

best management practices for stormwater.— (1) LEGISLATIVE INTENT.—It is the intent of the Legislature to encourage renewable solar electrical generation throughout this state.

It is essential that solar facilities and associated electric infrastructure be constructed and maintained in various locations throughout this state in order to ensure the availability of renewable energy production, which is critical to this state’s energy and economic future.

(2) DEFINITIONS.—As used in this section, the term “solar facility” means a production facility for electric power which:

(a) Uses photovoltaic modules to convert solar energy to electricity that may be stored on site, delivered to a transmission system, and consumed primarily offsite.

(b) Consists principally of photovoltaic modules, a mounting or racking system, power inverters, transformers, collection systems, battery systems, fire suppression equipment, and associated components.

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 (c)technical Mayconsultants. include accessory administration or maintenance buildings, electric transmission lines, substations, energy storage equipment, and related accessory uses and structures.

(3)Section PERMITTED2. USE.—A solar facility is shall be a permitted use in all agricultural land use categories in a local government comprehensive plan and all agricultural zoning districts within an unincorporated area and must comply with the setback and landscaped buffer area criteria for other similar uses in the agricultural district.

(4) LANDSCAPE REQUIREMENTS.—A county may adopt an ordinance specifying buffer and landscaping requirements for solar facilities.

Such requirements may not exceed the requirements for similar uses involving the construction of other facilities that are permitted uses in agricultural land use categories and zoning districts.

(5) BEST MANAGEMENT PRACTICES FOR STORMWATER.— (a) An applicant for a permit under s.

373.413 for a stormwater management system related to the construction of a solar facility must incorporate site specific and appropriate additional protections in the development and implementation of an erosion and sediment control (E&SC) plan.

Such E&SC plan must include, but not be limited to, all of the following:

1.

Soil percolation testing on the premises of the proposed solar facility.

2.

Implementation of stormwater best management practices and related erosion controls for runoff during the construction of the solar facility based on rainfall amounts up to the 100- year, 24-hour design storm for the project site.

3.

Clearing and stabilization in phases as needed to reduce Page 7 of 124 CODING:

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26 20261510c2 disturbed portions of the project site, which may be susceptible to erosion during construction.

4.

Inspections performed by a certified Florida Stormwater, Erosion, and Sedimentation Control Inspector during construction to ensure the E&SC plan is implemented in accordance with s.

373.413.

(b) An operational phase stormwater management system permitted in accordance with s.

373.4145 serving a solar facility within the jurisdictional boundary of the Northwest Florida Water Management District shall be designed based on the 100-year, 24-hour design storm for the project site.

This provision applies to applications for solar facilities filed after July 1, 2026.

(c) An operator of a solar facility or a proposed solar facility shall implement all construction and operational permit requirements as developed and applicable pursuant to paragraph (a).

(6) APPLICABILITY.—This section does not apply to any site that was the subject of an application to construct a solar facility submitted to a local governmental entity before July 1, 2021.

Section 3.

Of these 6 four Pageappointees, 83 must three shall be from scientific disciplines related to land, water, or environmental sciences, 1 must and the fourth shall have at least 5 years of 124experience CODING:in managing lands for both active and passive types of recreation, 1 must be a former elected official of a county, and 1 must be a former elected official of a metropolitan municipality.

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26 20261510c2 appointees, 3 must three shall be from scientific disciplines related to land, water, or environmental sciences, 1 must and the fourth shall have at least 5 years of experience in managing lands for both active and passive types of recreation, 1 must be a former elected official of a county, and 1 must be a former elected official of a metropolitan municipality.

(a)Page Provide6 assistanceof to122 theCODING: board in reviewing the recommendations and plans for state-owned conservation lands required under s.

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Florida Senate - 2026 CS for SB 1510 592-02473-26 20261510c1 (a) Provide assistance to the board in reviewing the recommendations and plans for state-owned conservation lands required under s.

380.501–380.515, including Pagereviewing, 9approving, ofand 124overseeing CODING:project applications and disbursements, and implementation measures consistent with the trust’s purposes.

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26 20261510c2 reviewing, approving, and overseeing project applications and disbursements, and implementation measures consistent with the trust’s purposes.

Section 4.3.

259.105 The Florida Forever Act.— (4) It is the intent of the Legislature that projects or acquisitions funded pursuant to paragraphs (3)(a) and (b) contribute to the achievement of the following goals, which shall be evaluated in accordance with specific criteria and numericPage performance7 measuresof developed122 pursuantCODING: to s.

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Florida Senate - 2026 CS for SB 1510 592-02473-26 20261510c1 numeric performance measures developed pursuant to s.

Flow ways or temporary water storage areas during Pageflooding 10or ofhigh 124water CODING:events, not including permanent reservoirs;

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26 20261510c2 flooding or high water events, not including permanent reservoirs;

Section 5.4.

373.469 Indian River Lagoon Protection Program.— (3) THE INDIAN RIVER LAGOON PROTECTION PROGRAM.—The Indian RiverPage Lagoon8 Protection Program consists of the122 BananaCODING: River Lagoon Basin Management Action Plan, Central Indian River Lagoon Basin Management Action Plan, North Indian River Lagoon Basin Management Action Plan, and Mosquito Lagoon Reasonable Assurance Plan, and such plans are the components of the Indian River Lagoon Protection Program which achieve phosphorous and nitrogen load reductions for the Indian River Lagoon.

(d) Onsite sewage treatment and disposal systems.— 1.

Beginning on January 1, 2024, unless previously Page 11 of 124 CODING:

Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 permitted,River theLagoon installationProtection ofProgram newconsists onsiteof sewage treatment and disposal systems is prohibited within the Banana River Lagoon Basin Management Action Plan, Central Indian River Lagoon Basin Management Action Plan, North Indian River Lagoon Basin Management Action Plan, and Mosquito Lagoon Reasonable Assurance PlanPlan, areasand wheresuch aplans publiclyare ownedthe orcomponents investor-ownedof seweragethe systemIndian isRiver availableLagoon asProtection definedProgram inwhich s.achieve phosphorous and nitrogen load reductions for the Indian River Lagoon.

(d) Onsite sewage treatment and disposal systems.— 1.

Beginning on January 1, 2024, unless previously permitted, the installation of new onsite sewage treatment and disposal systems is prohibited within the Banana River Lagoon Basin Management Action Plan, Central Indian River Lagoon Basin Management Action Plan, North Indian River Lagoon Basin Management Action Plan, and Mosquito Lagoon Reasonable Assurance Plan areas where a publicly owned or investor-owned sewerage system is available as defined in s.

By July 1, 2030, any commercial property or any residential property of 10 acres or less with an existing onsite sewage treatment and disposal system located within the Banana River Lagoon Basin Management Action Plan, Central Indian River Lagoon Basin Management Action Plan, North Indian River Lagoon Basin Management Action Plan, and Mosquito Lagoon Reasonable Assurance Plan areas must connect to central sewer if available or upgrade to an enhanced nutrient-reducing onsite sewage treatment and disposal system or other wastewater treatment systemPage that9 achievesof at122 leastCODING: 65 percent nitrogen reduction.

For all applications submitted before July 1, 2030, to a permitting agency to repair, modify, or replace a conventional onsite sewage treatment and disposal system on a commercial property or a residential property of 10 acres or less, the permitting agency shall notify the property owner of the requirement provided in this subparagraph.

Section 6.

Paragraph (a) of subsection (1) of section 373.807, Florida Statutes, is amended to read:

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 373.807system Protectionthat ofachieves waterat qualityleast in65 Outstandingpercent Floridanitrogen Springs.—Byreduction. July 1, 2016, the department shall initiate assessment, pursuant to s.

For all applications submitted before July 1, 2030, to a permitting agency to repair, modify, or replace a conventional onsite sewage treatment and disposal system on a commercial property or a residential property of 10 acres or less, the permitting agency shall notify the property owner of the requirement provided in this subparagraph.

Section 5.

Paragraph (a) of subsection (1) of section 373.807, Florida Statutes, is amended to read:

373.807 Protection of water quality in Outstanding Florida Springs.—By July 1, 2016, the department shall initiate assessment, pursuant to s.

During the development of a basin management action plan, if the department identifies onsite sewage treatment and disposal systems as contributors of at least 20 percent of nonpoint source nitrogen pollution or if the department determines remediation is necessary to achieve the totalPage maximum10 dailyof load,122 theCODING: basin management action plan must shall include an onsite sewage treatment and disposal system remediation plan pursuant to subsection (3) for those systems identified as requiring remediation.

For properties 10 acres or less located outside the boundary of an established priority focus area of an Outstanding Florida Spring but within the boundary of a specific springs basin management action plan, such remediation plans may require existing conventional onsite sewage treatment and disposal systems to upgrade to a nutrient- Page 13 of 124 CODING:

Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 reducingtotal maximum daily load, the basin management action plan must shall include an onsite sewage treatment and disposal system whereremediation centralplan seweragepursuant isto notsubsection available.(3) for those systems identified as requiring remediation.

For properties 10 acres or less located outside the boundary of an established priority focus area of an Outstanding Florida Spring but within the boundary of a specific springs basin management action plan, such remediation plans may require existing conventional onsite sewage treatment and disposal systems to upgrade to a nutrient- reducing onsite sewage treatment and disposal system where central sewerage is not available.

Section 7.6.

Section 8.7.

For purposes of this section, the term “community eligible for a reduced cost share”Page means:11 of 122 CODING:

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Florida Senate - 2026 CS for SB 1510 592-02473-26 20261510c1 share” means:

A county that has a population of less than 50,000 or Pagefewer, 14according to the most recent April 1 population estimates posted on the Office of 124Economic CODING:and Demographic Research’s website, and a per capita annual income that is less than the state’s per capita annual income as shown in the most recent release from the Bureau of the Census of the United States Department of Commerce that includes both measurements;

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26 20261510c2 fewer, according to the most recent April 1 population estimates posted on the Office of Economic and Demographic Research’s website, and a per capita annual income that is less than the state’s per capita annual income as shown in the most recent release from the Bureau of the Census of the United States Department of Commerce that includes both measurements;

Section 9.8.

It is therefore the intent of the Legislature to transfer the administration and oversight of the Florida Communities Trust from the Department of Environmental Protection to the Acquisition and Restoration Council to improve consistency and effectiveness in conservation land acquisition and resource stewardship It is the intent of the Legislature to establish a nonregulatory agency that will assist local governments in bringing local comprehensive plans into compliance and implementing the goals, objectives, and policies of the conservation, recreation and open space, and coastal elements of Page 1512 of 124122 CODING:

Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 administration and oversight of the Florida Communities Trust from the Department of Environmental Protection to the Acquisition and Restoration Council to improve consistency and effectiveness in conservation land acquisition and resource stewardship It is the intent of the Legislature to establish a nonregulatory agency that will assist local governments in bringing local comprehensive plans into compliance and implementing the goals, objectives, and policies of the conservation, recreation and open space, and coastal elements of local comprehensive plans, or in conserving natural resources and resolving land use conflicts by:

Section 10.9.

expenses.— (1) There is created within the Department of Environmental ProtectionPage a13 nonregulatory state agency and instrumentality, which shall be a public body corporate and politic, known as the “Florida Communities Trust,.” administered by the Acquisition and Restoration Council The governing body of the122 trustCODING: shall consist of:

(a) The Secretary of Environmental Protection;

and (b) Four public members whom the Governor shall appoint subject to Senate confirmation.

Page 16 of 124 CODING:

Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 TheProtection Governor shall appoint a formernonregulatory electedstate officialagency ofand ainstrumentality, countywhich government,shall be a formerpublic electedbody officialcorporate ofand apolitic, metropolitanknown municipalas government,the a“Florida representativeCommunities ofTrust,.” aadministered nonprofitby organizationthe asAcquisition definedand inRestoration thisCouncil part,The andgoverning abody representative of the developmenttrust industry.shall consist of:

(a) The Secretary of Environmental Protection;

and (b) Four public members whom the Governor shall appoint subject to Senate confirmation.

The Governor shall appoint a former elected official of a county government, a former elected official of a metropolitan municipal government, a representative of a nonprofit organization as defined in this part, and a representative of the development industry.

(2) The purpose of the trust is to assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by this part Of thePage initial14 governing body members, two of the122 Governor’sCODING: appointees shall serve for a term of 2 years and the remaining one shall serve for a term of 4 years from the date of appointment.

Thereafter, governing body members whom the Governor appoints shall serve for terms of 4 years.

The Governor may fill any vacancy for an unexpired term.

(3) Governing body members shall receive no compensation for their services, but shall be entitled to the necessary expenses, including per diem and travel expenses, incurred in Page 17 of 124 CODING:

Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 the dischargeinitial governing body members, two of theirthe dutiesGovernor’s pursuantappointees toshall thisserve part,for asa providedterm byof law.2 years and the remaining one shall serve for a term of 4 years from the date of appointment.

SectionThereafter, 11.governing body members whom the Governor appoints shall serve for terms of 4 years.

The Governor may fill any vacancy for an unexpired term.

(3) Governing body members shall receive no compensation for their services, but shall be entitled to the necessary expenses, including per diem and travel expenses, incurred in the discharge of their duties pursuant to this part, as provided by law.

Section 10.

The trust shall determine the funding it will provide by considering the total amount of funding available for the project, the fiscal resources of other project participants, the urgency of the project relative to other eligible projects, and other factors whichPage the15 trustof shall122 haveCODING: prescribed by rule.

The trust may fund up to 100 percent of any local government land acquisition costs, if part of an approved project.

(9) To review project recommendations and funding priorities and provide acquisition decisions To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in such investments as may be authorized for trust funds under s.

215.47, and in any other authorized investments, if such investments are made on behalf of the trust Page 18 of 124 CODING:

Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 bywhich the Statetrust Boardshall ofhave Administration.prescribed by rule.

The trust may fund up to 100 percent of any local government land acquisition costs, if part of an approved project.

(9) To review project recommendations and funding priorities and provide acquisition decisions To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in such investments as may be authorized for trust funds under s.

215.47, and in any other authorized investments, if such investments are made on behalf of the trust by the State Board of Administration.

125.355(1)(a) and (b) and 166.045(1)(a) and (b), a method of determining a maximum purchase price, and procedures to assure that the land is acquired in a voluntarily negotiated transaction, surveyed, conveyed with marketable title, and examined for hazardous materialsPage contamination.16 of 122 CODING:

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Florida Senate - 2026 CS for SB 1510 592-02473-26 20261510c1 materials contamination.

259.035 and 259.105 to Pagecontract 19with ofprivate 124consultants CODING:and nonprofit organizations for professional and technical assistance and advice.

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26 20261510c2 contract with private consultants and nonprofit organizations for professional and technical assistance and advice.

Section 12.11.

Section 13.12.

Section 14.13.

Section 15.14.

To ensure systems are maintained and operated according to manufacturer’s specifications and designs, the department shall establish by rule minimum qualifying criteria for maintenancePage entities.17 of 122 CODING:

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Florida Senate - 2026 CS for SB 1510 592-02473-26 20261510c1 maintenance entities.

The department may annually review and audit up to 25 percent of all inspection and maintenance reports submitted by such maintenance Pageentities 20for ofperformance-based 124treatment CODING:systems and aerobic treatment unit systems.

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26 20261510c2 entities for performance-based treatment systems and aerobic treatment unit systems.

An operating permit must be obtained before the use of any aerobic treatment unitPage or18 engineer-designedof performance-based122 system,CODING: or if the establishment generates commercial waste.

Buildings or establishments that use an aerobic treatment unit or generate commercial waste shall be inspected by the department at least annually to ensure assure compliance with the terms of the operating permit.

The operating permit for a commercial wastewater system is valid for 1 year after the date of issuance and must be renewed annually.

The operating permit, where required for a residential onsite sewage treatment and disposal Page 21 of 124 CODING:

Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 system,unit isor validengineer-designed forperformance-based thesystem, lifetimeor ofif the installation;establishment generates commercial waste.

Buildings or establishments that use an aerobic treatment unit or generate commercial waste shall be inspected by the department at least annually to ensure assure compliance with the terms of the operating permit.

The operating permit for a commercial wastewater system is valid for 1 year after the date of issuance and must be renewed annually.

The operating permit, where required for a residential onsite sewage treatment and disposal system, is valid for the lifetime of the installation;

A feePage is19 not associated with the processing of this122 supplementalCODING: information if only ownership information is updated to reflect a permit transfer for a construction, repair, or an operating permit.

A person may not contract to construct, modify, alter, repair, service, abandon, or maintain any portion of an onsite sewage treatment and disposal system without being registered under part III of chapter 489.

A property owner who personally performs construction, maintenance, or repairs to a system serving his or her own owner-occupied single-family residence is Page 22 of 124 CODING:

Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 exemptfee fromis registrationnot requirementsassociated forwith performingthe suchprocessing construction,of maintenance,this orsupplemental repairsinformation onif thatonly residence,ownership butinformation is subjectupdated to allreflect permittinga requirements.permit transfer for a construction, repair, or an operating permit.

A person may not contract to construct, modify, alter, repair, service, abandon, or maintain any portion of an onsite sewage treatment and disposal system without being registered under part III of chapter 489.

A property owner who personally performs construction, maintenance, or repairs to a system serving his or her own owner-occupied single-family residence is exempt from registration requirements for performing such construction, maintenance, or repairs on that residence, but is subject to all permitting requirements.

(a) Subdivisions and lots in which each lot has a minimum area of at least one-half acre and either a minimum dimension of 100 feet or a mean of at least 100 feet of the side bordering thePage street20 and the distance formed by a line parallel to the side bordering the street drawn between the two most distant points of the122 remainderCODING: of the lot may be developed with a water system regulated under s.

381.0062 and onsite sewage treatment and disposal systems, provided the projected daily sewage flow does not exceed an average of 1,500 gallons per acre per day, and provided satisfactory drinking water can be obtained and all distance and setback, soil condition, water table elevation, and other related requirements of this section and rules adopted Page 23 of 124 CODING:

Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 underthe thisstreet sectionand canthe distance formed by a line parallel to the side bordering the street drawn between the two most distant points of the remainder of the lot may be met.developed with a water system regulated under s.

381.0062 and onsite sewage treatment and disposal systems, provided the projected daily sewage flow does not exceed an average of 1,500 gallons per acre per day, and provided satisfactory drinking water can be obtained and all distance and setback, soil condition, water table elevation, and other related requirements of this section and rules adopted under this section can be met.

This section does not affect the validityPage 21 of existing122 priorCODING: agreements.

After October 1, 1991, the exception provided under this paragraph is not available to a developer or other appropriate entity.

(d) Paragraphs (a) and (b) do not apply to any proposed residential subdivision with more than 50 lots or to any proposed commercial subdivision with more than 5 lots where a publicly owned or investor-owned sewage treatment system is available.

This paragraph does not allow development of additional proposed subdivisions in order to evade the Page 24 of 124 CODING:

Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 requirementsvalidity of thisexisting paragraph.prior agreements.

After October 1, 1991, the exception provided under this paragraph is not available to a developer or other appropriate entity.

(d) Paragraphs (a) and (b) do not apply to any proposed residential subdivision with more than 50 lots or to any proposed commercial subdivision with more than 5 lots where a publicly owned or investor-owned sewage treatment system is available.

This paragraph does not allow development of additional proposed subdivisions in order to evade the requirements of this paragraph.

(f) Onsite sewage treatment and disposal systems that are permittedPage before22 Juneof 21,122 2022,CODING: may not be placed closer than:

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Florida Senate - 2026 CS for SB 1510 592-02473-26 20261510c1 permitted before June 21, 2022, may not be placed closer than:

Page5. 25 of 124 CODING:

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26 20261510c2 5.

Any residential lot that was platted and recorded on or after January 1, 1972, or that is part of a residential subdivision that was approved by the appropriate permitting agencyPage on23 or after January 1, 1972, and that was eligible for an onsite sewage treatment and disposal system construction permit on the date of such122 plattingCODING: and recording or approval shall be eligible for an onsite sewage treatment and disposal system construction permit, regardless of when the application for a permit is made.

If rules in effect at the time the permit application is filed cannot be met, residential lots platted and recorded or approved on or after January 1, 1972, shall, to the maximum extent possible, comply with the rules in effect at the Page 26 of 124 CODING:

Florida Senate - 2026 CS for CSSB 1510 592-02473-26 20261510c1 agency on or after January 1, 1972, and that was eligible for SBan 1510onsite 601-03234-26sewage 20261510c2treatment timeand thedisposal system construction permit on the date of such platting and recording or approval shall be eligible for an onsite sewage treatment and disposal system construction permit, regardless of when the application for a permit is filed.made.

If rules in effect at the time the permit application is filed cannot be met, residential lots platted and recorded or approved on or after January 1, 1972, shall, to the maximum extent possible, comply with the rules in effect at the time the permit application is filed.

(h)1.Page 24 of 122 CODING:

The department may grant variances in hardship cases which may be less restrictive than the provisions specified in this section.

If a variance is granted and the onsite sewage treatment and disposal system construction permit has been issued, the variance may be transferred with the system construction permit, if the transferee files, within 60 days after the transfer of ownership, an amended construction permit application providing all corrected information and proof of ownership of the property and if the same variance would have Page 27 of 124 CODING:

Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 been(h)1. required for the new owner of the property as was originally granted to the original applicant for the variance.

The department may grant variances in hardship cases which may be less restrictive than the provisions specified in this section.

If a variance is granted and the onsite sewage treatment and disposal system construction permit has been issued, the variance may be transferred with the system construction permit, if the transferee files, within 60 days after the transfer of ownership, an amended construction permit application providing all corrected information and proof of ownership of the property and if the same variance would have been required for the new owner of the property as was originally granted to the original applicant for the variance.

The department shall appoint and staff a variance review andPage advisory25 committee,of which122 shallCODING: meet monthly to recommend agency action on variance requests.

The committee shall make its recommendations on variance requests at the meeting in which the application is scheduled for consideration, except for an extraordinary change in circumstances, the receipt of new information that raises new issues, or when the applicant requests an extension.

The committee shall consider the criteria in subparagraph 1.

in its recommended agency action on variance requests and shall also strive to allow property owners the full Page 28 of 124 CODING:

Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 useand ofadvisory theircommittee, landwhich whereshall possible.meet monthly to recommend agency action on variance requests.

The committee shall make its recommendations on variance requests at the meeting in which the application is scheduled for consideration, except for an extraordinary change in circumstances, the receipt of new information that raises new issues, or when the applicant requests an extension.

The committee shall consider the criteria in subparagraph 1.

in its recommended agency action on variance requests and shall also strive to allow property owners the full use of their land where possible.

Members shall serve without remuneration, but if requested, shall be reimbursed for perPage diem26 andof travel122 expensesCODING: as provided in s.

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Florida Senate - 2026 CS for SB 1510 592-02473-26 20261510c1 per diem and travel expenses as provided in s.

(i) A construction permit may not be issued for an onsite sewage treatment and disposal system in any area zoned or used Pagefor 29industrial ofor 124manufacturing CODING:purposes, or its equivalent, where a publicly owned or investor-owned sewage treatment system is available, or where a likelihood exists that the system will receive toxic, hazardous, or industrial waste.

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26 20261510c2 for industrial or manufacturing purposes, or its equivalent, where a publicly owned or investor-owned sewage treatment system is available, or where a likelihood exists that the system will receive toxic, hazardous, or industrial waste.

Each person who owns or operates a business or facility inPage an27 areaof zoned122 orCODING: used for industrial or manufacturing purposes, or its equivalent, or who owns or operates a business that has the potential to generate toxic, hazardous, or industrial wastewater or toxic or hazardous chemicals, and uses an onsite sewage treatment and disposal system that is installed on or after July 5, 1989, must obtain an annual system operating permit from the department.

A person who owns or operates a business that uses an onsite sewage treatment and disposal system that was installed and approved before July 5, 1989, does Page 30 of 124 CODING:

Florida Senate - 2026 CS for CSSB 1510 592-02473-26 20261510c1 in an area zoned or used for SBindustrial 1510or 601-03234-26manufacturing 20261510c2purposes, notor needits equivalent, or who owns or operates a business that has the potential to generate toxic, hazardous, or industrial wastewater or toxic or hazardous chemicals, and uses an onsite sewage treatment and disposal system that is installed on or after July 5, 1989, must obtain aan annual system operating permit.permit from the department.

A person who owns or operates a business that uses an onsite sewage treatment and disposal system that was installed and approved before July 5, 1989, does not need to obtain a system operating permit.

(j) An onsite sewage treatment and disposal system designed by a professional engineer registered in the state and certified by such engineer as complying with performance criteria adopted byPage the28 departmentof must122 beCODING: approved by the department subject to the following:

1.

The performance criteria applicable to engineer-designed systems must be limited to those necessary to ensure that such systems do not adversely affect the public health or significantly degrade the groundwater or surface water.

Such performance criteria shall include consideration of the quality of system effluent, the proposed total sewage flow per acre, wastewater treatment capabilities of the natural or replaced Page 31 of 124 CODING:

Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 soil,by water quality classification of the potentialdepartment surface-must water-receivingbe body,approved andby the structuraldepartment andsubject maintenanceto viability of the systemfollowing: for the treatment of domestic wastewater.

1.

The performance criteria applicable to engineer-designed systems must be limited to those necessary to ensure that such systems do not adversely affect the public health or significantly degrade the groundwater or surface water.

Such performance criteria shall include consideration of the quality of system effluent, the proposed total sewage flow per acre, wastewater treatment capabilities of the natural or replaced soil, water quality classification of the potential surface- water-receiving body, and the structural and maintenance viability of the system for the treatment of domestic wastewater.

Within 15 working days after receiving a complete application for an engineer-designed system, the county health department shall issue the permit or, if it determines that the system does not comply with the performance criteria, shall notify the applicant of that determination and refer the application to the department for a determination as to whether thePage system29 shouldof be122 approved,CODING: disapproved, or approved with modification.

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Florida Senate - 2026 CS for SB 1510 592-02473-26 20261510c1 the system should be approved, disapproved, or approved with modification.

The Pagemaintenance 32entity shall inspect each system at least twice each year and shall submit an inspection report to the department each time the system is inspected which states report quarterly to the department on the number of 124systems CODING:inspected and serviced.

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26 20261510c2 maintenance entity shall inspect each system at least twice each year and shall submit an inspection report to the department each time the system is inspected which states report quarterly to the department on the number of systems inspected and serviced.

The department may shall inspect the system at least annually, or on suchPage periodic30 basisof as122 theCODING: fee collected permits, and may collect system-effluent samples if appropriate to determine compliance with the performance criteria.

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Florida Senate - 2026 CS for SB 1510 592-02473-26 20261510c1 such periodic basis as the fee collected permits, and may collect system-effluent samples if appropriate to determine compliance with the performance criteria.

Page(k) 33An ofinnovative 124system CODING:may be approved in conjunction with an engineer-designed site-specific system that is certified by the engineer to meet the performance-based criteria adopted by the department.

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26 20261510c2 (k) An innovative system may be approved in conjunction with an engineer-designed site-specific system that is certified by the engineer to meet the performance-based criteria adopted by the department.

The county, each municipality, and those special districts established for the purpose of the collection, transmission, treatment, or disposal of sewage shall ensure, in accordance with the specific schedules adopted by the AdministrationPage Commission31 underof s.122 CODING:

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Florida Senate - 2026 CS for SB 1510 592-02473-26 20261510c1 Administration Commission under s.

Pageb. 34 of 124 CODING:

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26 20261510c2 b.

995 In addition, onsite sewage treatment and disposal systems discharging to an injection well must provide basic disinfection as defined by department rule.

In areas scheduled to be served by a central sewerage system by December 31, 2015, if the property owner has paid a connection fee or assessment for connection to the central sewerage system, the property owner may install a holding tank with a high water alarm or an onsite sewage treatment and disposalPage system32 thatof meets122 theCODING: following minimum standards:

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Florida Senate - 2026 CS for SB 1510 592-02473-26 20261510c1 disposal system that meets the following minimum standards:

Page6. 35 of 124 CODING:

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26 20261510c2 6.

(m) A product sold in the state for use in onsite sewage treatment and disposal systems may not contain any substance in concentrations or amounts that would interfere with or prevent the successful operation of such system, or that would cause discharges from such systems to violate applicable water quality standards.Page 33 of 122 CODING:

The department shall publish criteria for products known or expected to meet the conditions of this paragraph.

If a product does not meet such criteria, such product may be sold if the manufacturer satisfactorily demonstrates to the department that the conditions of this paragraph are met.

(n) Evaluations for determining the seasonal high-water table elevations or the suitability of soils for the use of a new onsite sewage treatment and disposal system shall be performed by department personnel, professional engineers Page 36 of 124 CODING:

Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 registeredstandards. in the state, or such other persons with expertise, as defined by rule, in making such evaluations.

The department shall publish criteria for products known or expected to meet the conditions of this paragraph.

If a product does not meet such criteria, such product may be sold if the manufacturer satisfactorily demonstrates to the department that the conditions of this paragraph are met.

(n) Evaluations for determining the seasonal high-water table elevations or the suitability of soils for the use of a new onsite sewage treatment and disposal system shall be performed by department personnel, professional engineers registered in the state, or such other persons with expertise, as defined by rule, in making such evaluations.

(p) The department may not require any form of subdivision analysis of property by an owner, developer, or subdivider beforePage submission34 of an122 applicationCODING: for an onsite sewage treatment and disposal system.

(q) This section does not limit the power of a municipality or county to enforce other laws for the protection of the public health and safety.

(r) In the siting of onsite sewage treatment and disposal systems, including drainfields, shoulders, and slopes, guttering may not be required on single-family residential dwelling units for systems located greater than 5 feet from the roof drip line Page 37 of 124 CODING:

Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 before submission of thean house.application for an onsite sewage treatment and disposal system.

(q) This section does not limit the power of a municipality or county to enforce other laws for the protection of the public health and safety.

(r) In the siting of onsite sewage treatment and disposal systems, including drainfields, shoulders, and slopes, guttering may not be required on single-family residential dwelling units for systems located greater than 5 feet from the roof drip line of the house.

The bottom of the drainfield is at least 36 inches above thePage 2-year35 floodof elevation;122 CODING:

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Florida Senate - 2026 CS for SB 1510 592-02473-26 20261510c1 the 2-year flood elevation;

The United States PageDepartment 38of Agriculture Soil Conservation Service soil maps, State of 124Florida CODING:Water Management District data, and Federal Emergency Management Agency Flood Insurance maps are resources that shall be used to identify flood-prone areas.

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26 20261510c2 Department of Agriculture Soil Conservation Service soil maps, State of Florida Water Management District data, and Federal Emergency Management Agency Flood Insurance maps are resources that shall be used to identify flood-prone areas.

The maintenance entity shall inspect each aerobic treatment unit system at least twice each year and shall submit an inspection report to the department each time the system is inspected stating report quarterly to the department on the number of aerobicPage treatment36 unitof systems122 inspectedCODING: and serviced.

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Florida Senate - 2026 CS for SB 1510 592-02473-26 20261510c1 aerobic treatment unit systems inspected and serviced.

The maintenance entity service agreement must conspicuously Pagedisclose 39that ofthe 124property CODING:owner has the right to maintain his or her own system and is exempt from contractor registration requirements for performing construction, maintenance, or repairs on the system but is subject to all permitting requirements.

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26 20261510c2 disclose that the property owner has the right to maintain his or her own system and is exempt from contractor registration requirements for performing construction, maintenance, or repairs on the system but is subject to all permitting requirements.

The owner of an aerobic treatment unit system shall obtain a system operating permit from the department and allow the department to inspect during reasonable hours each aerobic treatment unit system at least annually, and such inspection may include collection and analysis of system-effluent samples for performancePage criteria37 established by rule of the122 department.CODING:

(u) The department may require the submission of detailed system construction plans that are prepared by a professional engineer registered in this state.

The department shall establish by rule criteria for determining when such a submission is required.

(v) Any permit issued and approved by the department for the installation, modification, or repair of an onsite sewage treatment and disposal system shall transfer with the title to Page 40 of 124 CODING:

Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 theperformance propertycriteria inestablished aby realrule estateof transaction.the department.

(u) The department may require the submission of detailed system construction plans that are prepared by a professional engineer registered in this state.

The department shall establish by rule criteria for determining when such a submission is required.

(v) Any permit issued and approved by the department for the installation, modification, or repair of an onsite sewage treatment and disposal system transfers shall transfer with the title to the property in a real estate transaction.

For any such transfer of title to a property that has an onsite sewage treatment and disposal system that has not been abandoned in accordance with this section, or which is subject to a permit for the installation, modification, repair, or operation of such a system, the real estate transaction is subject to the following requirements:

1.

2.

This3. paragraph does not affect a septic tank phase- out deferral program implemented by a consolidated government as defined in s.

At or before the time of such real estate transaction, the following notifications must be provided to the persons receiving ownership of the property:

a.

A disclosure statement clearly identifying that the property is subject to regulations for an onsite sewage Page 38 of 122 CODING:

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Florida Senate - 2026 CS for SB 1510 592-02473-26 20261510c1 treatment and disposal system;

b.

Information indicating the nature and location of any existing onsite sewage treatment and disposal system components;

c.

If applicable, a statement that the property is subject to an onsite sewage treatment and disposal system operating permit and that one or more of the persons receiving a controlling interest in the property are required pursuant to this subsection to provide written notice and proof of ownership to update the operating permit information within 60 days after such real estate transaction;

and d.

A copy of any valid permit for the installation, modification, repair, or operation of an onsite sewage treatment and disposal system which will transfer pursuant to this paragraph.

This paragraph does not affect a septic tank phase-out deferral program implemented by a consolidated government as defined in s.

Notwithstanding this paragraph, an engineer-designed performance-based treatment system may be used to meet the requirementsPage 39 of the122 varianceCODING: review and advisory committee recommendations.

(x)1.

An onsite sewage treatment and disposal system is not considered abandoned if the system is disconnected from a structure that was made unusable or destroyed following a disaster and if the system was properly functioning at the time of disconnection and was not adversely affected by the disaster.

The onsite sewage treatment and disposal system may be Page 41 of 124 CODING:

Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 reconnectedrequirements toof athe rebuiltvariance structurereview if:and advisory committee recommendations.

(x)1.

An onsite sewage treatment and disposal system is not considered abandoned if the system is disconnected from a structure that was made unusable or destroyed following a disaster and if the system was properly functioning at the time of disconnection and was not adversely affected by the disaster.

The onsite sewage treatment and disposal system may be reconnected to a rebuilt structure if:

(y) If an onsite sewage treatment and disposal system permittee receives, relies upon, and undertakes construction of a system based upon a validly issued construction permit under rules applicable at the time of construction but a change to a rule occurs within 5 years after the approval of the system for construction but before the final approval of the system, the rules applicable and in effect at the time of construction approval apply at the time of final approval if fundamental site conditions have not changed between the time of construction approvalPage and40 finalof approval.122 CODING:

(z) An existing-system inspection or evaluation and assessment, or a modification, replacement, or upgrade of an onsite sewage treatment and disposal system is not required for a remodeling addition or modification to a single-family home if a bedroom is not added.

However, a remodeling addition or modification to a single-family home may not cover any part of the existing system or encroach upon a required setback or the Page 42 of 124 CODING:

Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 unobstructedapproval area.and final approval.

(z) An existing-system inspection or evaluation and assessment, or a modification, replacement, or upgrade of an onsite sewage treatment and disposal system is not required for a remodeling addition or modification to a single-family home if a bedroom is not added.

However, a remodeling addition or modification to a single-family home may not cover any part of the existing system or encroach upon a required setback or the unobstructed area.

(7) USE OF ENHANCED NUTRIENT-REDUCING ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS.—To meet the requirements of a total maximum daily load, the department shall implement a fast- track approval process of no longer than 6 months for the determination of the use of American National Standards InstitutePage 24541 systemsof approved122 byCODING: NSF International before July 1, 2020.

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Florida Senate - 2026 CS for SB 1510 592-02473-26 20261510c1 Institute 245 systems approved by NSF International before July 1, 2020.

(9) CONTRACT OR DELEGATION AUTHORITY.—The department may contract with or delegate its powers and duties under this Pagesection 43to ofa 124county CODING:as provided in s.

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26 20261510c2 section to a county as provided in s.

Section 16.15.

The rules adopted pursuant to this paragraph are not subject to approval by the Environmental RegulationPage Commission42 and are not subject to the provisions of s.122 CODING:

120.541(3).

As part of the rule development process, the department shall hold at least one public workshop in the vicinity of the water body or water body segment for which the total maximum daily load is being developed.

Notice of the public workshop shall be published not less than 5 days nor more than 15 days before the public workshop in a newspaper of general circulation in the county or counties containing the Page 44 of 124 CODING:

Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 waterRegulation bodiesCommission orand waterare bodynot segmentssubject forto which the totalprovisions maximumof dailys. load calculation and allocation are being developed.

120.541(3).

As part of the rule development process, the department shall hold at least one public workshop in the vicinity of the water body or water body segment for which the total maximum daily load is being developed.

Notice of the public workshop shall be published not less than 5 days nor more than 15 days before the public workshop in a newspaper of general circulation in the county or counties containing the water bodies or water body segments for which the total maximum daily load calculation and allocation are being developed.

The management strategies may include regional treatment systems or other public works, when appropriate, and voluntary trading of water qualityPage credits43 toof achieve122 theCODING: needed pollutant load reductions.

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Florida Senate - 2026 CS for SB 1510 592-02473-26 20261510c1 quality credits to achieve the needed pollutant load reductions.

When Pageappropriate, 45the plan may take into account the benefits of 124pollutant CODING:load reduction achieved by point or nonpoint sources that have implemented management strategies to reduce pollutant loads, including best management practices, before the development of the basin management action plan.

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26 20261510c2 appropriate, the plan may take into account the benefits of pollutant load reduction achieved by point or nonpoint sources that have implemented management strategies to reduce pollutant loads, including best management practices, before the development of the basin management action plan.

The department shall hold at least one public meeting in the vicinity of the watershed or basin to discuss and receive comments during the planning process and shall otherwise encouragePage public44 participationof to122 theCODING: greatest practicable extent.

Notice of the public meeting must be published in a newspaper of general circulation in each county in which the watershed or basin lies at least 5 days, but not more than 15 days, before the public meeting.

A basin management action plan does not supplant or otherwise alter any assessment made under subsection (3) or subsection (4) or any calculation or initial allocation.

Page 46 of 124 CODING:

Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 4.encourage public participation to the greatest practicable extent.

Notice of the public meeting must be published in a newspaper of general circulation in each county in which the watershed or basin lies at least 5 days, but not more than 15 days, before the public meeting.

A basin management action plan does not supplant or otherwise alter any assessment made under subsection (3) or subsection (4) or any calculation or initial allocation.

4.

A planning-level estimate of each listed project’s expectedPage load45 reduction,of if122 applicable.CODING:

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Florida Senate - 2026 CS for SB 1510 592-02473-26 20261510c1 expected load reduction, if applicable.

The basin management action plan must include 5-year Pagemilestones 47for ofimplementation 124and CODING:water quality improvement, and an associated water quality monitoring component sufficient to evaluate whether reasonable progress in pollutant load reductions is being achieved over time.

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26 20261510c2 milestones for implementation and water quality improvement, and an associated water quality monitoring component sufficient to evaluate whether reasonable progress in pollutant load reductions is being achieved over time.

7.Page 46 of 122 CODING:

In accordance with procedures adopted by rule under paragraph (9)(c), basin management action plans, and other pollution control programs under local, state, or federal authority as provided in subsection (4), may allow point or nonpoint sources that will achieve greater pollutant reductions than required by an adopted total maximum daily load or wasteload allocation to generate, register, and trade water quality credits for the excess reductions to enable other Page 48 of 124 CODING:

Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 sources7. to achieve their allocation;

In accordance with procedures adopted by rule under paragraph (9)(c), basin management action plans, and other pollution control programs under local, state, or federal authority as provided in subsection (4), may allow point or nonpoint sources that will achieve greater pollutant reductions than required by an adopted total maximum daily load or wasteload allocation to generate, register, and trade water quality credits for the excess reductions to enable other sources to achieve their allocation;

In order to promote resilient wastewater utilities, if the department identifies domestic wastewater treatment facilities or onsite sewage treatment and disposal systems as contributors of at least 20 percent of point source or nonpoint source nutrient pollution or if the department determines remediation is necessary to achieve the total maximum daily load, a basin management action plan for a nutrient total maximumPage daily47 loadof must122 includeCODING: the following:

a.

A domestic wastewater treatment plan developed by each local government, in cooperation with the department, the water management district, and the public and private domestic wastewater treatment facilities providing services or located within the jurisdiction of the local government, which addresses domestic wastewater.

Private domestic wastewater facilities and special districts providing domestic wastewater services must Page 49 of 124 CODING:

Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 providemaximum thedaily requiredload wastewatermust facilityinclude information to the applicablefollowing: local governments.

a.

A domestic wastewater treatment plan developed by each local government, in cooperation with the department, the water management district, and the public and private domestic wastewater treatment facilities providing services or located within the jurisdiction of the local government, which addresses domestic wastewater.

Private domestic wastewater facilities and special districts providing domestic wastewater services must provide the required wastewater facility information to the applicable local governments.

A local government that does not have a domestic wastewater treatment facility in its jurisdiction is not required to develop a domestic wastewater treatment plan unless there is a demonstratedPage need48 toof establish122 aCODING: domestic wastewater treatment facility within its jurisdiction to improve water quality necessary to achieve a total maximum daily load.

A local government is not responsible for a private domestic wastewater facility’s compliance with a basin management action plan unless such facility is operated through a public-private partnership to which the local government is a party.

b.

An onsite sewage treatment and disposal system Page 50 of 124 CODING:

Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 remediationdemonstrated planneed developedto byestablish eacha localdomestic governmentwastewater intreatment cooperationfacility withwithin theits department,jurisdiction theto Departmentimprove of Health, water managementquality districts,necessary andto publicachieve anda privatetotal domesticmaximum wastewaterdaily treatmentload. facilities.

A local government is not responsible for a private domestic wastewater facility’s compliance with a basin management action plan unless such facility is operated through a public-private partnership to which the local government is a party.

b.

An onsite sewage treatment and disposal system remediation plan developed by each local government in cooperation with the department, the Department of Health, water management districts, and public and private domestic wastewater treatment facilities.

(C)Page Estimate49 the costs of potential122 onsiteCODING: sewage treatment and disposal system connections, upgrades, or replacements;

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Florida Senate - 2026 CS for SB 1510 592-02473-26 20261510c1 (C) Estimate the costs of potential onsite sewage treatment and disposal system connections, upgrades, or replacements;

Page10. 51 of 124 CODING:

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26 20261510c2 10.

The construction or installation of new domestic wastewater disposal facilities, including rapid infiltration basins, with permitted capacities of 100,000 or more gallons per day, except for those facilities that meet an advanced wastewaterPage treatment50 standard of no122 moreCODING: than 3 mg/l total nitrogen and 1 mg/l total phosphorus on an annual permitted basis, or a more stringent treatment standard if the department determines the more stringent standard is necessary to attain a total maximum daily load.

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Florida Senate - 2026 CS for SB 1510 592-02473-26 20261510c1 wastewater treatment standard of no more than 3 mg/l total nitrogen and 1 mg/l total phosphorus on an annual permitted basis, or a more stringent treatment standard if the department determines the more stringent standard is necessary to attain a total maximum daily load.

When identifying wastewater projects in a basin Pagemanagement 52action ofplan, 124the CODING:department may not require the higher cost option if it achieves the same nutrient load reduction as a lower cost option.

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26 20261510c2 management action plan, the department may not require the higher cost option if it achieves the same nutrient load reduction as a lower cost option.

Section 17.16.

403.0671 Basin management action plan wastewater reports.— (1) By July 1, 2021, the department, in coordination with the county health departments, wastewater treatment facilities, and other governmental entities, shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives evaluating the costs of wastewater projectsPage identified51 inof the122 basinCODING: management action plans developed pursuant to ss.

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Florida Senate - 2026 CS for SB 1510 592-02473-26 20261510c1 projects identified in the basin management action plans developed pursuant to ss.

(e) The projected costs of installing enhanced nutrient- reducing onsite sewage treatment and disposal systems on Pagebuildable 53lots ofin 124priority CODING:focus areas to comply with s.

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26 20261510c2 buildable lots in priority focus areas to comply with s.

Section 18.17.

however, to the extent that chapter 120 is inconsistentPage with52 thisof section,122 theCODING: procedures contained in this section prevail.

(11) Each major source of air pollution permitted to operate in this state must pay by June 30 between January 15 and April 1 of each year, upon written notice from the department, an annual operation license fee in an amount determined by department rule.

The annual operation license fee shall be terminated immediately in the event the United States Page 54 of 124 CODING:

Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 Environmentalinconsistent Protectionwith Agencythis imposessection, annual fees solely to implement and administer the majorprocedures sourcecontained air-operation permit program in Floridathis undersection 40prevail. C.F.R.

(11) Each major source of air pollution permitted to operate in this state must pay by June 30 between January 15 and April 1 of each year, upon written notice from the department, an annual operation license fee in an amount determined by department rule.

The annual operation license fee shall be terminated immediately in the event the United States Environmental Protection Agency imposes annual fees solely to implement and administer the major source air-operation permit program in Florida under 40 C.F.R.

The license fee factor may be increased beyond $25 only if the secretary of the department affirmatively finds that a shortage of revenue for support of the major stationary source air-operationPage permit53 program will occur in the absence of a122 feeCODING: factor adjustment.

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Florida Senate - 2026 CS for SB 1510 592-02473-26 20261510c1 air-operation permit program will occur in the absence of a fee factor adjustment.

Any source, or group of sources, Pagewhich 55does not emit any regulated air pollutant in excess of 1244,000 CODING:tons per year, is allowed a one-time credit not to exceed 25 percent of the first annual licensing fee for the prorated portion of existing air-operation permit application fees remaining upon commencement of the annual licensing fees.

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26 20261510c2 which does not emit any regulated air pollutant in excess of 4,000 tons per year, is allowed a one-time credit not to exceed 25 percent of the first annual licensing fee for the prorated portion of existing air-operation permit application fees remaining upon commencement of the annual licensing fees.

The department may revoke any major air pollution source operation permit if it finds that the permitholderPage has54 failedof to122 timelyCODING: pay any required annual operation license fee, penalty, or interest.

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Florida Senate - 2026 CS for SB 1510 592-02473-26 20261510c1 permitholder has failed to timely pay any required annual operation license fee, penalty, or interest.

Page5. 56 of 124 CODING:

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26 20261510c2 5.

(b) Annual operation license fees collected by the department must be sufficient to cover all reasonable direct and indirect costs required to develop and administer the major stationary source air-operation permit program, which shall consist of the following elements to the extent that they are reasonably related to the regulation of major stationary air pollutionPage sources,55 inof accordance122 withCODING: United States Environmental Protection Agency regulations and guidelines:

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Florida Senate - 2026 CS for SB 1510 592-02473-26 20261510c1 pollution sources, in accordance with United States Environmental Protection Agency regulations and guidelines:

Page4. 57 of 124 CODING:

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Florida Senate - 2026 CS for CS for SB 1510 601-03234-26 20261510c2 4.

Section 19.18.

403.1838 Small Community Sewer Construction Assistance Act.— (3)(a) In accordance with rules adopted by the department Environmental Regulation Commission under this section, the department may provide grants, from funds specifically appropriatedPage for56 this purpose, to financially disadvantaged small communities for up to 100 percent of the122 costsCODING: of planning, designing, constructing, upgrading, or replacing wastewater collection, transmission, treatment, disposal, and reuse facilities, including necessary legal and administrative expenses.

(b) The rules of the department Environmental Regulation Commission must:

Page 58 of 124 CODING:

Florida Senate - 2026 CS for CSSB 1510 592-02473-26 20261510c1 appropriated for SBthis 1510purpose, 601-03234-26to 20261510c2financially 1.disadvantaged small communities for up to 100 percent of the costs of planning, designing, constructing, upgrading, or replacing wastewater collection, transmission, treatment, disposal, and reuse facilities, including necessary legal and administrative expenses.

(b) The rules of the department Environmental Regulation Commission must:

1.

Establish requirements for competitive procurement of engineeringPage and57 constructionof services,122 materials,CODING: and equipment.

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Florida Senate - 2026 CS for SB 1510 592-02473-26 20261510c1 engineering and construction services, materials, and equipment.

Section 20.19.

Section 21.20.

general areas.— (6) RISK IMPACT STATEMENT.—The Department of Environmental PageProtection 59shall ofprepare 124a CODING:risk impact statement for any rule that is proposed for adoption which approval by the Environmental Regulation Commission and that establishes or changes standards or criteria based on impacts to or effects upon human health.

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words underlined are additions.

Florida Senate - 2026 CS for CS for SB 1510 601-03234-26 20261510c2 Protection shall prepare a risk impact statement for any rule that is proposed for adoption which approval by the Environmental Regulation Commission and that establishes or changes standards or criteria based on impacts to or effects upon human health.

(c) The Department of Environmental Protection and the DepartmentPage of58 Agriculture and Consumer Services shall prepare and publish notice of the122 availabilityCODING: of a clear and concise risk impact statement for all applicable rules.

The risk impact statement must explain the risk to the public health addressed by the rule and shall identify and summarize the source of the scientific information used in evaluating that risk.

(d) Nothing in this subsection shall be construed to create a new cause of action or basis for challenging a rule nor Page 60 of 124 CODING:

Florida Senate - 2026 CS for CS for SB 1510 601-03234-26592-02473-26 20261510c220261510c1 diminishDepartment anyof existingAgriculture causeand Consumer Services shall prepare and publish notice of actionthe oravailability basisof a clear and concise risk impact statement for challengingall aapplicable rule.rules.

SectionThe 22.risk impact statement must explain the risk to the public health addressed by the rule and shall identify and summarize the source of the scientific information used in evaluating that risk.

(d) Nothing in this subsection shall be construed to create a new cause of action or basis for challenging a rule nor diminish any existing cause of action or basis for challenging a rule.

Section 21.

Upon ratification of such wetland methodology, the Legislature preempts the authority of any water management district, state orPage regional59 agency,of or122 localCODING: government to define wetlands or develop a delineation methodology to implement the definition and determines that the exclusive definition and delineation methodology for wetlands shall be that established pursuant to s.

373.019(27) and this section.