Water, Water, Water

• Springs – One of the high profile issues involved springs protection and restoration. SB 1576 (2014) (died in messages in the House), required the Florida Department of Environmental Protection (“DEP”) to create ‘protection and management’ zones for 38 of the State’s springs. Within these zones, the legislation required a number of additional requirements that must be met by DEP, water management districts, utilities, agriculture, and property owners. There will likely be many debates regarding appropriations and the requirements imposed in protection and management zones.
• Alternative Water Supplies/Reclaimed Water – Reclaimed water and other alternative water supplies are always popular legislative topics. SB 536 (2014) (became law on June 13, 2014), required the DEP to conduct a study regarding the expansion of the beneficial use of reclaimed water, stormwater, and excess surface water. The results of this study will be used in forming future legislation aimed at expanding the use of these water sources that are expected to return next year and in the years to come.
• Fracking – Increasing concerns relating to the expansion of oil and gas industry in Florida suggest 2015 will see legislation similar to HB 71 (2014) (died in Agriculture and Natural Resources Appropriations Subcommittee in the House), which proposed to create the “Fracturing Chemical Usage Disclosure Act.” Currently, there are no state or federal laws or regulations that require the disclosure of chemicals added to the fluid used in hydraulic fracturing. However, pressure is mounting to pass legislation directing DEP to designate or establish a hydraulic fracturing chemical registry for all wells on which hydraulic fracturing treatments are performed.
• Land Application of Septage – SB 1160/HB 1113 (2014) (died in messages in the House/died on the calendar in the House), sought to extend for an additional two (2) years the 2016 deadline to halt the land application of septage. While these bills were not successful in 2014, it is likely a similar extension will be proposed in 2015.
• Consumptive Use Permitting – HB 703/SB 1464 (2014) (died in State Affairs in the House/died in Community Affairs in the Senate), were comprehensive permitting bills that included amendments authorizing issuance of consumptive use permits for up to thirty (30) years for a Development of Regional Impact (DRI) located in a rural area of critical economic concern and for up to fifty (50) years for landowners who participate in water storage programs. The opportunity for longer duration permits is an important criterion for permit holders, such as utilities. Similar bills are expected to be proposed in 2015.
• Indian River Lagoon – The Indian River Lagoon became a topic of discussion in 2013-2014 after the area experienced increased algal blooms associated with Lake Okeechobee discharges. While substantial amounts of money have been appropriated to correct water quality problems stemming from these outbreaks, additional legislation related to fertilizer use, Lake Okeechobee discharges, water quality controls and additional funding can be expected to reappear in 2015.