overview of the 2014 legislative session · overview of the 2014 legislative session may 22, 2014...

OVERVIEW OF THE 2014 LEGISLATIVE SESSION

May 22, 201410:30 AM EST – 11:30 AM EST

www.florida‐stormwater.org

Water ManagementLow Impact Development

Environmental Compliance

Engineers | Scientists | Advocates

www.appliedsciencesci.com

Meet the Presenters

Tiffany BusbyKurt Spitzer


Today’s Overview

• General Background for 2014 Session

• Primary Stormwater/Water Quality Legislation

• What to Anticipate for 2015


General Background for 2014 Session

1. Florida’s Fiscal Condition is Better

2. Continued (although lesser) interest in “Regulatory Streamlining”

3. Condition of springs and Indian River Lagoon

4. 2014 an election year



SENATE AND HOUSE BILLS

FILED PASSED FIRST CHAMBER

PASSED BOTH CHAMBERS

CONCURRENT RESOLUTIONS

7 2 2

RESOLUTIONS (ONE CHAMBER)

123 117 0

GENERAL BILLS 1,541 331 229LOCAL BILLS 78 30 26JOINT RESOLUTIONS 23 1 1MEMORIALS 40 11 6

1,812 493 264

Primary Issues of Concern Springs Local Regulatory Authority Fertilizer Wetlands Septic Tanks Stormwater Utility Fee “Fix” 10/2 General Permit Revisions Regulatory Streamlining


Primary Stormwater Legislation

1. Permit Streamlining – HB 703 (Patronis)/SB 1464 (Simpson)

2. Springs – SB 1576 (Dean, Simmons)/HB 1313 (Brodeur)

3. Reclaimed Water – SB 536 (Simpson)/HB 601 (Ray)

4. Stormwater Sales Tax – SB 1102 (Altman)/HB 987 (Goodson)

5. Fair Associations – SB 624 (Simpson)/HB 1259 (Rodrigues)

1. Permit Streamlining – HB 703/SB 1464 (Failed)“Annual” permit streamlining bill by Rep. Patronis• Barred cities/counties from adopting or enforcing

super‐majority vote requirements for approval/revision of a comprehensive plan

• Authorized WMDs/DEP to issue a consumptive use permit (CUP) for up to 50 years for dispersed water storage projects

• Authorized WMDs or DEP to issue a CUP for up to 30 years for developments of regional impact (DRIs) in certain rural areas

1. Permit Streamlining – HB 703/SB 1464 (Failed)• Pre‐empted local standards concerning water well

construction • Retroactively prohibited counties from adopting

amendments to ordinances on wetlands, springs protection and stormwater affecting agricultural lands after July 1, 2003

1. Permit Streamlining – HB 703/SB 1464 (Failed)• Prohibited local governments from requiring water

control districts to meet additional regulatory requirements concerning wetlands if an environmental resource or Army Corps permit exists

• Provided a two‐year extension for certain state environmental permits and local government development permits* (this section passed in HB 7023)

2. Springs – SB 1576/HB 1313 (Failed) Omnibus Springs Protection Legislation of 2014• Directed FDEP/WMDs to delineate spring protection

and management zones• Required the establishment of minimum flows and

levels in Outstanding Florida Springs (OFS) by July 1, 2022

• Directed the DEP to make determinations of impairment for OFSs and develop BMAPs in area

2. Springs – SB 1576/HB 1313 (Failed) • Directed local governments within springsheds to adopt

fertilizer ordinances that meet or exceed those of the Model Ordinance

• Required upgrading certain wastewater treatment plants and onsite septic systems, and implementation of nutrient reduction and monitoring methods for agricultural operations

• Provided $350+ million in funding from documentary stamp tax revenues to implement legislation

2. Springs – SB 1576/HB 1313 (Failed) Key Revisions by Senate Appropriations Committee (CS/CS/CS/SB 1576)• Prohibited new municipal or industrial wastewater

disposal systems, new on‐site sewage and treatment disposal systems (OSTDSs), new hazardous waste facilities, land application of Class A and B biosolids, and new agricultural operations in springsheds

• Required development of septic tank remediation plans by local government in springshed for approval by FDEP

2. Springs – SB 1576/HB 1313 (Failed) Key Revisions by Senate Appropriations Committee (CS/CS/CS/SB 1576)• Prohibited charging of fees by local government to

connect homeowners to a central sewer system• Deleted repeal of s. 381.00651, which prohibits local

governments from developing inspection and remediation programs for septic systems

• Deleted doc stamp funding; replaced with $10 million from General Revenue

Questions?


(888) 221‐3124

3. Reclaimed Water – SB 536 (Passed)• FDEP, FDACS and the WMDs must conduct a study on

expanding the use of reclaimed water in Florida, including stormwater and excess surface water

• Must coordinate with stakeholders• A report must by submitted by December 1, 2015• Two public meetings will be held for the purpose of:

– Soliciting input on the study design– To allow the public to submit comments on the report

4. Stormwater Sales Tax – SB 1102/HB 987 (Failed)• Provided that a county may levy a discretionary sales

surtax for the purpose of funding:– Capital restoration of natural water bodies for public use, including tributaries, canals, stormwater conveyance systems, and channels connected to natural water bodies

– Proceeds could be used for dredging operations related to ecologically beneficial muck removal

• The surtax must be enacted by ordinance and approved by a referendum

5. Fair Associations – SB 624/HB 1259 (Failed)

• Provided an exemption from or prohibits the assessment of fees and taxes for fair associations, including those for stormwater management facilities

• Concern about precedent that would be established for stormwater fee exemptions

What to Anticipate for 2015 Session1. Water Policy

2. Fertilizer Pre‐emption

3. Springs Protection


Questions?


(888) 221‐3124

Waters of the United States (“WOTUS”) Regulations


• Proposed Regulations of EPA and Army Corps• Significant (expansive) revisions to definitions of

WOTUS• Comment deadline July 21, 2014• See http://www.florida‐stormwater.org/regulatory

overview of the 2014 legislative session · overview of the 2014 legislative session may 22, 2014...

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