Understanding 2020 Environmental Resources Legislation and Potential Impacts on Transportation

BY JEFF LITTLEJOHN, P.E., PRESIDENT AND MARK THOMASSON, P.E., ASSOCIATE LITTLEJOHN, MANN & ASSOCIATES

CHINNAPONG/STOCK.ADOBE.COM

As a self-described “Teddy Roosevelt Republican,” Governor Ron DeSantis campaigned and was elected on a platform that included several environmental policy “planks,” focused largely on reducing harmful algae blooms around the state.

Around this time last year, we wrote about Gov. DeSantis’ major environmental and water policy reform initiative, entitled “Achieving More Now for Florida’s Environment.” The vehicle for his initiative was Executive Order 19-12, which directed the Florida Department of Environmental Protection (FDEP) to, among other things, secure a record-setting environmental funding request in 2019 (done), establish a Blue-Green Algae Task Force (done), immediately begin the Everglades Agricultural Area Storage Reservoir Project (done), hire a chief science officer (done), and create an Office of Resilience and Coastal Protection (done). It is now clear to us that, with the bold vision and firm commitment of the governor and the herculean efforts of the FDEP to implement his initiatives, Florida’s environmental leaders are taking quick action to respond to the threat of algae blooms.

Fast forward 12 short months, and we are now summarizing a very significant piece of environmental legislation, the “Clean Waterways Act” (SB 712). This legislation was filed in the Senate by Debbie Mayfield (R-17) and in the House by Bobby Payne (R-19) and Blaise Ingoglia (R-35), but had several other contributors and supporters, including the governor. Sometimes described as the “governor’s environmental bill,” SB 712 implements the governor’s Blue Green Algae Task Force recommendations and contains many other significant provisions. When fully implemented, the Clean Waterways Act will affect the transportation and construction industries, local governments, public and private utilities, landowners, farmers and ranchers, and others.

With a law of this scope and magnitude, it is important to understand its various provisions in order to conduct your business and assist your clients and customers. The contemplated revisions to the state’s stormwa

ter regulations are particularly noteworthy and will require the attention of the transportation contractors. Here is a summary of the major provisions:

Stormwater

• Directs FDEP, by July 1, 2021, to initiate rulemaking to update the “stormwater design and operation regulations using the most recent scientific information,” to consider low-impact design best management prac tices and measures for the consistent application of the “net improvement standard.” • Directs FDEP to conduct additional inspec tions of stormwater facilities. • Specifies that the model stormwater man agement program contain target nutrient reduction practices and green infrastructure.

Septic Tanks

• Adds nutrient pollution prevention as a goal of the septic tank regulation program. • Transfers the septic tank (OSTDS) regulation program and all associated personnel from the Florida Department of Health to FDEP by July 1, 2021. • Directs DEP to implement a fast-track approval process for “NSF 245” approved nutrient reducing septic tanks before

July 1, 2020. • Directs FDEP to adopt rules by July 1, 2022 to implement the program and to consider existing, advanced and innovative systems. • Adds “septic to sewer” projects to the annual water resources assessment conducted by the legislature’s Office of Economic and

Demographic Research. • Revises the Basin Management Action Plan (BMAP) statute to address OSTDS remediation plans and deadlines.

Wastewater and Biosolids

• Establishes a new wastewater grant program to upgrade sewer treatment facilities to

“advanced waste treatment” (AWT), connect septic tanks to sewer systems, and retrofit septic tanks to nutrient reducing systems. • Requires a report, by December 31, 2020, on the status of sewer treatment facility upgrades to AWT. • Requires FDEP, by July 1, 2020, to prepare and submit a report on the costs of wastewa ter and OSTDS projects in BMAPs. • Adds the Indian River Lagoon to the list of

waterbodies for which sanitary sewage dis posal is not allowed beginning July 1, 2025. • Directs FDEP to adopt new biosolids man agement rules. • Directs utilities to submit annual reports re lated to sewer overflows and infiltration and inflows in sewer pipes, and directs FDEP to adopt rules to implement inflow and infil tration studies and leakage surveys. • Requires utilities to report data and costs related to pollution mitigation and preven tion and requires power outage contingency plans for utilities. • Doubles FDEP administrative penalties for wastewater violations and adds new penal ties for failure to survey a portion of the sewer collection system and taking steps to reduce sanitary sewer overflows.

Agriculture

• Requires the Florida Department of Agriculture and Consumer Services (FDACS) to collect data on fertilization and nutrients from certain agricultural producers and to provide the records to FDEP each year. • Requires FDACS to perform on-site inspec tions at least every two years for producers that enroll in agricultural Best Management

Practices (BMPs). • Requires a cooperative agricultural regional water quality improvement element in

BMAPs under certain conditions and estab lishes criteria for establishing the element. • Establishes that FDACS and the University of Florida, Institute of Food and Agricultural

Sciences may develop a plan and request funding annually to evaluate, enhance and develop agricultural BMPs.

Other Notable Provisions

• Penalties: Increases the FDEP administrative penalty threshold from $10,000 to $50,000. • Water Quality Monitoring: Establishes a “real-time water quality monitoring program” within FDEP and encourages public-private partnerships to expedite implementation; Requires FDEP, by

July 1, 2021, to report on the assessment of the water quality monitoring being conducted for each BMAP. • Potable Reuse: Directs DEP to initiate rule revisions by December 31, 2020 based on the Potable Reuse Commission’s 2020

report and declares reclaimed water to be a water source for public water supply systems. • Bottled Water: Directs FDEP and the

Water Management Districts to conduct a study of the bottled water industry in the state. • Funding Assistance for Transportation Corridors: Amends the FDEP water pollution control financial assistance programs and the “Small Community

Sewer Construction Assistance Act” to promote efficiency and give priority to concurrent construction of sewer projects along transportation corridors. • Who knew this was necessary?: Prohibits the granting of legal rights to any part of the natural environment that is not a person or political subdivision.

The law will take effect soon – on July 1 – so now is the time to study it carefully and begin to plan for its impact. In our opinion, this law contains some much-needed reforms to improve the quality and quantity of Florida’s important water resources. We also recognize that certain provisions of this law are (or soon will become) controversial.

We strongly encourage your participation in the forthcoming stormwater rule revisions, which are very likely to include more stringent and costly design and construction requirements. Your experience and expertise as contractors and engineers will be recognized and appreciated as this law is implemented and new rules are being developed.

About the Authors

Jeff Littlejohn, P.E., is President and Mark Thomasson, P.E., is As sociate with Littlejohn, Mann &

Jeff Littlejohn Associates, a Tallahassee-based government relations firm spe cializing in water, energy and environmental policy. Littlejohn also serves as President and

Mark Thomasson

Thomasson serves as Vice Presi dent of WSource Group, a Florida consulting firm dedicated to water resources, environmental regu lations, and solutions to complex problems. They can be reached at jeff@littlejohnmann.com and mark@littlejohnmann.com, respectively.