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Home My WebLink About15.a FYI FWEA Utility Council 2026 Annual Report 2026 __________________ Florida Water Environment Association Utility Council __________________ Annual Report II.. A Message from the FWEA Utility Council President If someone had suggested to me two years ago that I would be writing the President's Message in 2026, I would not have believed it.Yet, after one too many cups of coffee and a morning break during the 2024 Annual Meeting—WAM! —I suddenly became your Vice President. Thirteen months later, "The President Formerly Known as K- Carter@Broward.org" (a.k.a. Kevin Carter) unexpectedly decided retirement looked like fun - and POW! - I became your interim President. Now, as I write this message, I realize just how colossal are the shoes of those who served before me. Despite these sudden and unexpected changes, let me assure you that our purpose remains clear. The Utility Council will continue to advocate on behalf of its member organizations to support sound policies and responsible legislation that protect public health, water quality, and the environment, and promote innovative and reliable wastewater treatment solutions. In nautical terms, a captain is only as good as the crew. I believe the same is true for any organization — it is only as strong as its people. In our case, that means our members. Simply put, our members are amazing. I would like to thank all our valued members —both Regular (Utility) Members and Subscribers — for your continued support and active participation in the FWEA Utility Council. Without you, our work would not be possible. Over the past year, as I have been learning to navigate this role, I recognize that our communication and engagement may not have been as strong as in years past. Looking ahead, I am committed to not only improving but exceeding your expectations in both areas. I would also like to extend a heartfelt thank you to the Officers and Board of Directors (in alphabetical order): • Brooke Bailey— Sarasota County • James Ferguson—Miami-Dade County • Jeff Greenwell, Past President—Hillsborough County • Rick Hutton— Gainesville Regional Utilities • Jeremy Johnston— Clay County Utility Authority 44 Florida Water Environment Association UTILITY COUNCIL hwef Member Association IME • Don Palmer, Treasurer/Secretary— Emerald Coast Utilities Authority • Lindsay Starner— JEA • Todd Swingle — Toho Water Authority • Ed Torres — Orange County Utilities • Lisa Wilson-Davis, Vice President— City of Boca Raton I recognize that each of you carries significant responsibilities within your respective organizations, and your dedication to the Utility Council is deeply appreciated. Thank you as well for your confidence in me to lead this team. Compared to many of our long-time members, I still feel relatively new, and your support means a great deal as I work to stay the course. I would like to recognize two individuals who have recently retired or will soon be retiring. First, Kevin Carter — Retired, former Assistant to the Director of Water and Wastewater Services for Broward County, former FWEA Utility Council President, former FlaWARN Steering Committee member, and (still) current I - 4, Board Member of the nonprofit Operators Without Borders ` "" are (OWB). While one might suspect the 2024 hurricane season influenced Kevin's retirement, it seems hurricanes are what energize him most. His work with OWB and his professional relationships with the water and wastewater industry professionals in the Caribbean placed Kevin on the front lines of disaster response in Jamaica following Hurricane Kevin Carter -Former FWEA Melissa last October. RESPECT! Kevin, nothing but respect Utility Coucil Preseident. for you. You obviously enjoy staying busy, but don't forget to take in the sunshine and boat drinks along the way. Florida Water Environment Association UTILITY COUNCIL hwief Member Association I'd also like to recognize, Ed Torres, M.S., P.E., LEED AP — and new grandfather. Ed has just recently announced his 10 i retirement after a distinguished career that spans more than 30 years in both private consulting and public utility engineering and leadership. Ed is retiring as the Director of Orange County Utilities, but his service to our industry extends well beyond the County lines. He has been a long- time champion of the Utility Council, most recently serving as Director-at-Large representing the central Florida region. His experience,professionalism, and guidance on the Utility Ed Torres—FWEA Utility Council Council will be greatly missed. I am certain that I speak for Director-at-Large the entire Utility Council when I wish Ed a long and happy retirement. Additionally, I would like to thank our long-time lobbyist and legal advisor, David Childs, Partner at Ballard Partners, for his " --,tt. ` continued dedication to the Utility Council. For nearly 20 years, David's regulatory knowledge and experience, . i 4' combined with his legal acumen and ability to develop and _ maintain strong relationships with regulators and lawmakers makes his service to the Utility Council invaluable. His - w guidance has been especially helpful to me as I learn this role, 1 and I was delighted when the Board unanimously voted to � I retain his services following his transition to Ballard Partners. David Childs-Ballard Partners& FWEA Utility Council Advisor Florida Water Environment Association UTILITY COUNCIL hwief Member Association Florida Legislative Summary By David Childs The 2026 Florida Legislative Session came to a close on March 13. Well, actually, that is not entirely true. As of the writing of this summary, the Legislature is still yet to pass a state budget. So, we do not know what local government water projects will be funded, nor do we know the level of funding for grant programs administered by the Florida Department of Environmental Protection or the water management districts. We will have to stay tuned to learn those outcomes. While the budget remains in limbo, the Legislature completed its policy work this Session, and the two chambers considered and passed several bills of interest to FWEA Utility Council members. 11 Thankfully,the Utility Council was able '�-" to shape bills concerning the biosolids use and provide much needed flexibility for members impacted by those bills. ,, :--f * The Legislature also tacked PFAS again °"° this Session, and we were able to insert !llll `'`%, much needed liability protection for• '° v:. @llll ill Illld III III ' ' utilities in that bill. Lastly, we engaged ' ' ' �i. �� on the Department's agency . eon :: .:y ° `''' R ' • F and newly proposed language that would have dramatically increased treatment costs on several utilities in the state was ultimately removed. Here is a brief summary of the most relevant bills that passed this Legislative Session: Class B Biosolids Ban (SB 290). The "Farm Bill" introduced by the Florida Department of Agriculture and Consumer Services included a statewide ban on the land application of Class A and B biosolids. For counties that land apply their biosolids within their own county, the ban goes into effect on July 1, 2031. For counties that land apply their biosolids outside of their county, the ban goes into effect on July 1, 2028. The Governor signed this bill into law. Florida Water Environment Association UTILITY COUNCIL hwief Member Association II.. Class AA Biosolids Regulation (HB 1245). Effective November 1, 2026, this legislation prohibits the land application of bulk Class AA biosolids fertilizer and compost products from exceeding the appropriate agronomic rate. The bill provides that land application of bulk Class AA biosolids fertilizer and compost products at or below the agronomic rate must be managed for beneficial reuse rather than disposal, as the primary objective. The bill defines "agronomic rate" as the nutrient application rate established using generally accepted, science-based nutrient management principles, including recommendations published by the University of Florida's Institute of Food and Agricultural Sciences (UF/IFAS), which are to be periodically updated. PFAS Monitoring (HB 1019). This legislation requires all public entities disposing of biosolids and treated effluent that have a designed average daily flow of 25,000 or more gallons per day to quarterly conduct at least one biosolids and treated effluent sampling for PFAS, including perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS), as applicable. The results must be submitted to FDEP, and the sampling must be conducted in accordance with FDEP rules. (Note: FDEP is currently in rulemaking to establish PFAS sampling protocols.)Importantly, the bill provides that until water quality standards for PFAS are established by the United States Environmental Protection Agency and adopted by FDEP, such sampling and reporting is for informational purposes only and may not serve as the basis for any FDEP enforcement action or other cause of action. In addition to the effluent and biosolids sampling requirements, the bill also bans the use of aqueous film-forming foam (AFFF), though those provisions include a phased implementation and several exemptions. FDEP Package (HB 1417). The FDEP package included a grab bag of updates to environmental programs in the state. Among other provisions, the bill repeals the Environmental Regulation Commission; requires erosion and sediment control plans for the construction of solar facilities to include certain protections, including the implementation of stormwater best management practices; limits the requirement that any commercial or residential property with an existing septic system, within the area covered by the Indian River Lagoon Protection Program, connect to central sewer or upgrade the septic system so that it only applies to commercial or residential properties of 10 acres or less; creates provisions allowing public-private partnerships for coastal resiliency projects; extends the due date for annual operating permits for major sources of air pollution; and ratifies rules relating to the Lower Santa Fe and Florida Water Environment Association UTILITY COUNCIL hwief Member Association II Ichetucknee Rivers and Priority Springs Minimum Flows and Levels and recovery strategies. The Governor signed this bill into law. Data Centers (SB 484). One of the last bills to pass the 2026 Florida Legislature addressed state and local regulation of data centers. Much of the bill is focused on ensuring that the typically high electricity and water demands associated with large- scale data centers do not result in increased costs for Floridia ratepayers. The bill also includes provisions that govern data centers' consumptive use permitting and reclaimed water use. Consistent with other provisions in Florida law, the bill requires reclaimed water use when (1) a permitted reclaimed water source is available; (2) distribution infrastructure is available at the site boundary; (3) the data center can access it; (4) its use is environmentally, technically, and economically feasible; and (5) it does not conflict with the facility's discharge permit. Municipal Utility Services (HB 1451). The bill establishes terms related to the provision of municipal utility services in areas outside a municipality's boundaries. The bill requires certain public meetings and reporting for municipalities that provide utility service or intend to provide utility service in areas outside of their municipal boundaries. It also limits the rates, fees, and charges that a municipal water or sewer utility may impose on customers outside the boundaries of the municipality to no more than 25 percent in excess of those imposed on customers within the boundaries; however, the bill allows municipalities to continue imposing a surcharge on consumers outside the municipal boundaries if the surcharge was in effect before March 1, 2026, but only as necessary to comply with certain bond covenants and subject to certain time limitations. Lastly, the bill expressly preempts to the state the subject of a regional utility authority created by the Legislature through charter amendment after January 1, 2023. (Note: other bills addressing extraterritorial municipal services, such as SB 1014 / HB 1075, failed to pass this Session.) On a final note, the FWEA Utility Council and FSAWWA Water Utility Council again convened a Legislative Fly-In during a committee week leading up to the 2026 Legislative Session. Utility representatives from across the state fanned out through Legislative Offices over two days and participated in a well-attended legislative reception. If you have not participated in a legislative fly-in, you should strongly consider doing so. There is no substitute for utility principals sitting in the room with elected leaders and discussing the issues that matter most to Florida's domestic Florida Water Environment Association UTILITY COUNCIL hwef Member Association wastewater collection, treatment, and reuse community. Look for more information on the 2027 Legislative Fly-In later this year. it` * * ' * go k — * f ii i • I. ''r All' Pictured left to right:Florida House Speaker Danny Perez,Governor Ron DeSantis,Senate President Ben Albritton Florida Water Environment Association UTILITY COUNCIL '%wef Member Association Statewide BMAP Updates By Todd Swingle& Rick Hutton In April 2025, the Florida Department of Environmental Protection (FDEP) released draft updates to Basin Management Action Plans (BMAPs) statewide, with a statutory deadline of July 1, 2025. In many watersheds, the draft BMAPs required domestic wastewater utilities to meet advanced wastewater treatment (AWT) standards of 3 mg/L total nitrogen (TN) and 1 mg/L total phosphorus (TP), regardless of reclaimed water use or whether a utility had approved projects in place to meet its Total 0 E P A R l Maximum Daily Load (TMDL) obligations. •p P '1 The Florida Water Environment Association 0 _ (FWEA) Utility Council quickly coordinated g'� with members, engaged FDEP leadership, and provided guidance on the technical R+ Id/Co Z information needed to support refinement of LO these requirements. As a result, many BMAPs were updated to remove broad AWT mandates. �OHowever, some finalized BMAPs still include �ti4FNP�O requirements that raise concerns regarding scientific TA L basis and equity, and several legal challenges have followed. This experience reflects a shift in how the State is implementing the TMDL/BMAP program. As originally intended under the Florida Watershed Restoration Act (§ 403.067(7)(a)2, ES.), pollutant reductions were to be allocated equitably based on proportional loadings within a watershed. More recent approaches applying uniform treatment requirements can move away from that structure, particularly where they do not consider existing load reductions, site-specific conditions, or progress already made by different contributors. Several key issues include: • Interpretation of AWT requirements under § 403.086, F.S., as applying to wet weather and emergency backup discharges; Florida Water Environment Association UTILITY COUNCIL hwef Member Association II.. • Application of AWT requirements to reuse systems without a demonstrated pathway or contribution to impaired waters; and • Assignment of septic remediation responsibilities to local governments, including for systems recently permitted by FDEP or the Florida Department of Health. Ultimately, utilities, regulators, environmental stakeholders, and communities share a common goal: protecting Florida's water resources. At the same time, we routinely differ in our approach to achieving that goal. From the perspective of regulatory and environmental stakeholder communities, presumptive solutions such as AWT are viewed as more straightforward to communicate, implement, and enforce across watersheds. However, in many cases, presumptive solutions don't reflect site-specific science and the resulting environmental benefit is limited compared to the high associated cost to communities. As both affordability and the need to protect water resources are becoming more critical, it is important that decisions be made and resources allocated based on sound science. Looking ahead, there is an opportunity to better balance these perspectives. Presumptive solutions can be a reasonable starting point to meet or exceed required nutrient reductions; however, utilities must have clear pathways —through alternative, science-based compliance approaches — to achieve the same quantifiable nutrient loadings in a more cost-effective way, consistent with the TMDL framework. This is especially important as communities face increasing affordability challenges. The FWEA Utility Council should play a proactive role by working with Florida Department of Environmental Protection (FDEP) and stakeholders to advance this balance supporting updates to the Florida Watershed Restoration Act, sharing data and case studies that demonstrate cost-effective alternatives, and helping establish clear processes and compliance approaches aligned with measurable, TMDL-based proportional allocations and environmental outcomes. Florida Water Environment Association UTILITY COUNCIL hwief Member Association Potable Reuse Rule Implementation By Lindsay Starner&David Childs From 2023-2024, the FWEA Utility Council participated in an ad hoc workgroup of FDEP and utility representatives in the development of a potable reuse regulatory program. Committed utility representatives and consultants set aside their Friday afternoons every other week to formulate potable reuse permitting requirements that protect the public health and the environment. The workgroup strived to avoid rule requirements that would create regulatory roadblocks or cause undue economic burdens. The painstaking effort culminated in the adoption of Potable Reuse Rule 62-565, F.A.C. In 2025, attention turned from rule promulgation to rule implementation. It has been fraught with challenges and opportunities. This new rule implementation covers complex situations with high potential for growth and innovation in Florida. Agency personnel and permit applicants occasionally interpret new rule provisions differently as they jointly work through untested terms and requirements. Indeed, the full scope of the rule and the different FDEP divisions that it touches complicate implementation. Progress, however, continues to be made, and Florida has a bright future as a national potable reuse leader. In the coming months and years, utilities and FDEP will learn more on what rule sections work, what ones do not, and what improvements can be made. The FWEA Utility Council will serve as an important thought leader in effectuating those needed changes, so reclaimed water can fully realize its potential as a viable drinking water supply source. r ___, ., Jr411 - .. - - vir, a s Florida Water Environment Association UTILITY COUNCIL hwef Member Association Sanitary Sewer Overflow Enforcement By Jeff Greenwell During the fall of 2025, FWEA Utility Council members convened several meetings with FDEP Deputy Secretary, John Truitt, to discuss FDEP enforcement actions against utilities for sanitary sewer overflows (SSOs) that occur during hurricanes and tropical storms. The primary goal was to have FDEP take a different tact in the aftermath of natural disasters. It should not be that road and electric power infrastructure can fail without recourse, but domestic wastewater infrastructure is supposed to function without fail during massive flooding and wind events. At a minimum, the Utility Council argued FDEP should distinguish between utilities that are implementing Collection System Action Plans and/or Sanitary Sewer owM,pw,sso,B.„°.,p�.g,.�", CMOM programs (i.e. doing everything their ""181°`fsHO" regulators ask them to do) and those poorly District Stan may consider toction par Ms factEvaluation that would warrant ether eliminating u depends thense an Toffs laltMnp duty Sore SO.enforcement uch ng reducing rector sonlM1esootceuseahoosera0encumsa mglvingPmtntM managed, undercapitalized utilities. SSO.Such factors include' t.Extreme Weather or Die...ems: When SSOs occur as a result of extreme weather or natural disaster events,enforcement nl for these mnepting lectors.IM:catwa that an extreme weather o natural dnv t ayhavenmrmutedtotheSSOInclude: As a result of those meetings, the Utility named atom flat directly impacted the area served by me utility or a state- issued emergency or.whAh Included the area served by the aunty; • Extreme flooding a storm surge(extent anddurananshould be consider.,such as experienced by Fort Myers Beach during Hurricane lax 120221.Pinellas Council proposed specific updates to FDEP's Canty during Hurricane Helene 120341.or Stelnhalchee doing Hurricane Hilton 1202a); • damage,""rl.n<,°"""wind event that caused aIgn"K°°'°"""""' SSO Evaluation Tool• The proposed • A damage. or greaser e red Moanyerw.lmed thelocal xtormwaten management system.iimp impacting the utility's collect.system. • "�'°"°°percent°`°°°""°°pep °"°' amendments would have FDEP take into • Widespread percentage of power outa as rendered uninhabitable Doe.considerations y those m sub-Mte aho g .0,a'"'"IllrygingMan;°; °athe°"°°m`w;°'"°'ero°"'rent artsoft`eser'ce account whether the SSO occurred as a result wit the owlet',sevice impacts can vary extreme weather er eve different paneohtheservice area_For SSOsb ring cause a generally weather to a CAO or le.when thetlutic •enforcement Piled boo.Collection System Action Plan and a Power Outage of extreme weather or natural disaster events, Contingency Plen.aac • minancerated a proactive end timely ofthe response to mitigate system Impacts and mdndmrse one severity or duration of the SSOs. 2.yRIr6 Party Gaee: but only if the utility demonstrates that it has It the SSO was caused Irya thip party le.g..a convector stoma a sewer Ilnel,the Wily may e ruing!env for.spill:however,enforcement on theutllMshould generally be lmn a aCAoorlessdtheatilitydemonstratesaproectrverespense implemented both a Collection System Action 3.Cons..System Action Plan: Whether a plan has beenadopted and'°being implemented 0103.066tA.F.g.:R°'°62- Plan and a Power Outage Contingency Plan as a.Power Outage DovOrpnry%aw e pan he a ba de en adapted and urg implemented P 403.0e8421.F.S.:Rule 62- well as conducted a proactive and timely 600 705111.FA C./- 1 response to mitigate system impacts and minimize the severity or duration of the SSOs. Further, if the SSO was caused by a third party (e.g., a contractor struck a sewer line), the utility may receive a warning letter for the spill; however, enforcement should generally be limited to a CAO or less if the utility demonstrates appropriate safeguards and a proactive response. The FWEA Utility Council's proposed amendments remain under evaluation by the Department. Conversations will continue as we head into the 2026 hurricane season. Florida Water Environment Association UTILITY COUNCIL hwief Member Association Public Outreach By Lisa Wilson-Davis Over the past year, the Florida Water Environment Association Utility Council (FWEAUC) Public Outreach Committee has continued to expand its efforts to effectively communicate the value and complexity of wastewater services to our communities, stakeholders, and decision-makers. Building on prior initiatives, we elevated our outreach by promoting our educational video content and more fully leveraging the FWEAUC website as a central hub for accessible, consistent information. These tools have enhanced our ability to reach a broader audience while reinforcing clear, unified messaging. Please explore our website at: https://www.fweautilitycouncil.org/ and let us know what you think! A key focus of this year's efforts has been the continued development of message mapping around critical industry topics, including asset management and potable reuse. By refining how we communicate these complex issues, we are better equipping utilities and professionals to engage with the public in a transparent, relatable, and proactive manner. Looking ahead, we will expand our outreach framework to include biosolids management and PFAS as it relates to wastewater and biosolids, ensuring that our messaging remains relevant and responsive to emerging regulatory, environmental, and public concerns. We are excited about the momentum we've built, but there is more to do, and we need your voice at the table. If you are passionate about public outreach, storytelling, and advancing understanding of our industry, we invite you to get involved. Join us in shaping the conversation, please contact me at lwilsondavis@ci.bocaraton-fl.gov to learn more and be part of this important effort. Florida Water Environment Association UTILITY COUNCIL hwief Member Association el. Board of Directors Brooke Bailey James Ferguson Jeff Greenwell Rick Hutton Jeremy Johnston Don Palmer David Roberts Lisa Wilson-Davis Lindsay Starner Todd Swingle Ed Torres Florida Water Environment Association UTILITY COUNCIL '%wef Member Association