HOUSE AMENDMENT
    hbd-22               Bill No. CS for SB's 1906 & 550, 1st Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Representative(s) Attkisson offered the following:
12  
13         Amendment to amendment (354873) (with title amendment) 
14         On page 99, between lines 17 and 18,
15  
16  insert:  
17         Section 36.  Paragraph (c) of subsection (3) of section
18  373.4595, Florida Statutes, is amended to read:
19         373.4595  Lake Okeechobee Protection Program.--
20         (3)  LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection
21  program for Lake Okeechobee that achieves phosphorus load
22  reductions for Lake Okeechobee shall be immediately
23  implemented as specified in this subsection. The program shall
24  address the reduction of phosphorus loading to the lake from
25  both internal and external sources. Phosphorus load reductions
26  shall be achieved through a phased program of implementation.
27  Initial implementation actions shall be technology-based,
28  based upon a consideration of both the availability of
29  appropriate technology and the cost of such technology, and
30  shall include phosphorus reduction measures at both the source
31  and the regional level. The initial phase of phosphorus load
                                  1
    File original & 9 copies    03/21/02                          
    hbd0002                     11:38 am         01906-0079-881153

HOUSE AMENDMENT hbd-22 Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ (for drafter's use only) 1 reductions shall be based upon the district's Technical 2 Publication 81-2 and the district's WOD program, with 3 subsequent phases of phosphorus load reductions based upon the 4 total maximum daily loads established in accordance with s. 5 403.067. In the development and administration of the Lake 6 Okeechobee Protection Program, the coordinating agencies shall 7 maximize opportunities provided by federal cost-sharing 8 programs and opportunities for partnerships with the private 9 sector. 10 (c) Lake Okeechobee Watershed Phosphorus Control 11 Program.--The Lake Okeechobee Watershed Phosphorus Control 12 Program is designed to be a multifaceted approach to reducing 13 phosphorus loads by improving the management of phosphorus 14 sources within the Lake Okeechobee watershed through continued 15 implementation of existing regulations and best management 16 practices, development and implementation of improved best 17 management practices, improvement and restoration of the 18 hydrologic function of natural and managed systems, and 19 utilization of alternative technologies for nutrient 20 reduction. The coordinating agencies shall facilitate the 21 application of federal programs that offer opportunities for 22 water quality treatment, including preservation, restoration, 23 or creation of wetlands on agricultural lands. 24 1. Agricultural nonpoint source best management 25 practices, developed in accordance with s. 403.067 and 26 designed to achieve the objectives of the Lake Okeechobee 27 Protection Program, shall be implemented on an expedited 28 basis. By March 1, 2001, the coordinating agencies shall 29 develop an interagency agreement pursuant to ss. 373.046 and 30 373.406(5) that assures the development of best management 31 practices that complement existing regulatory programs and 2 File original & 9 copies 03/21/02 hbd0002 11:38 am 01906-0079-881153
HOUSE AMENDMENT hbd-22 Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ (for drafter's use only) 1 specifies how those best management practices are implemented 2 and verified. The interagency agreement shall address measures 3 to be taken by the coordinating agencies during any best 4 management practice reevaluation performed pursuant to 5 sub-subparagraph d. The department shall use best professional 6 judgment in making the initial determination of best 7 management practice effectiveness. 8 a. As provided in s. 403.067(7)(d), by October 1, 9 2000, the Department of Agriculture and Consumer Services, in 10 consultation with the department, the district, and affected 11 parties, shall initiate rule development for interim measures, 12 best management practices, conservation plans, nutrient 13 management plans, or other measures necessary for Lake 14 Okeechobee phosphorus load reduction. The rule shall include 15 thresholds for requiring conservation and nutrient management 16 plans and criteria for the contents of such plans. Development 17 of agricultural nonpoint source best management practices 18 shall initially focus on those priority basins listed in 19 subparagraph (b)1. The Department of Agriculture and Consumer 20 Services, in consultation with the department, the district, 21 and affected parties, shall conduct an ongoing program for 22 improvement of existing and development of new interim 23 measures or best management practices for the purpose of 24 adoption of such practices by rule. 25 b. Where agricultural nonpoint source best management 26 practices or interim measures have been adopted by rule of the 27 Department of Agriculture and Consumer Services, the owner or 28 operator of an agricultural nonpoint source addressed by such 29 rule shall either implement interim measures or best 30 management practices or demonstrate compliance with the 31 district's WOD program by conducting monitoring prescribed by 3 File original & 9 copies 03/21/02 hbd0002 11:38 am 01906-0079-881153
HOUSE AMENDMENT hbd-22 Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ (for drafter's use only) 1 the department or the district. Owners or operators of 2 agricultural nonpoint sources who implement interim measures 3 or best management practices adopted by rule of the Department 4 of Agriculture and Consumer Services shall be subject to the 5 provisions of s. 403.067(7). The Department of Agriculture and 6 Consumer Services, in cooperation with the department and the 7 district, shall provide technical and financial assistance for 8 implementation of agricultural best management practices, 9 subject to the availability of funds. 10 c. The district or department shall conduct monitoring 11 at representative sites to verify the effectiveness of 12 agricultural nonpoint source best management practices. 13 d. Where water quality problems are detected for 14 agricultural nonpoint sources despite the appropriate 15 implementation of adopted best management practices, the 16 Department of Agriculture and Consumer Services, in 17 consultation with the other coordinating agencies and affected 18 parties, shall institute a reevaluation of the best management 19 practices and make appropriate changes to the rule adopting 20 best management practices. 21 2. Nonagricultural nonpoint source best management 22 practices, developed in accordance with s. 403.067 and 23 designed to achieve the objectives of the Lake Okeechobee 24 Protection Program, shall be implemented on an expedited 25 basis. By March 1, 2001, the department and the district shall 26 develop an interagency agreement pursuant to ss. 373.046 and 27 373.406(5) that assures the development of best management 28 practices that complement existing regulatory programs and 29 specifies how those best management practices are implemented 30 and verified. The interagency agreement shall address measures 31 to be taken by the department and the district during any best 4 File original & 9 copies 03/21/02 hbd0002 11:38 am 01906-0079-881153
HOUSE AMENDMENT hbd-22 Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ (for drafter's use only) 1 management practice reevaluation performed pursuant to 2 sub-subparagraph d. 3 a. The department and the district are directed to 4 work with the University of Florida's Institute of Food and 5 Agricultural Sciences to develop appropriate nutrient 6 application rates for all nonagricultural soil amendments in 7 the watershed. As provided in s. 403.067(7)(c), by January 1, 8 2001, the department, in consultation with the district and 9 affected parties, shall develop interim measures, best 10 management practices, or other measures necessary for Lake 11 Okeechobee phosphorus load reduction. Development of 12 nonagricultural nonpoint source best management practices 13 shall initially focus on those priority basins listed in 14 subparagraph (b)1. The department, the district, and affected 15 parties shall conduct an ongoing program for improvement of 16 existing and development of new interim measures or best 17 management practices. The district shall adopt 18 technology-based standards under the district's WOD program 19 for nonagricultural nonpoint sources of phosphorus. 20 b. Where nonagricultural nonpoint source best 21 management practices or interim measures have been developed 22 by the department and adopted by the district, the owner or 23 operator of a nonagricultural nonpoint source shall implement 24 interim measures or best management practices and be subject 25 to the provisions of s. 403.067(7). The department and 26 district shall provide technical and financial assistance for 27 implementation of nonagricultural nonpoint source best 28 management practices, subject to the availability of funds. 29 c. The district or the department shall conduct 30 monitoring at representative sites to verify the effectiveness 31 of nonagricultural nonpoint source best management practices. 5 File original & 9 copies 03/21/02 hbd0002 11:38 am 01906-0079-881153
HOUSE AMENDMENT hbd-22 Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ (for drafter's use only) 1 d. Where water quality problems are detected for 2 nonagricultural nonpoint sources despite the appropriate 3 implementation of adopted best management practices, the 4 department and the district shall institute a reevaluation of 5 the best management practices. 6 3. The provisions of subparagraphs 1. and 2. shall not 7 preclude the department or the district from requiring 8 compliance with water quality standards or with current best 9 management practices requirements set forth in any applicable 10 regulatory program authorized by law for the purpose of 11 protecting water quality. Additionally, subparagraphs 1. and 12 2. are applicable only to the extent that they do not conflict 13 with any rules promulgated by the department that are 14 necessary to maintain a federally delegated or approved 15 program. 16 4. Projects which reduce the phosphorus load 17 originating from domestic wastewater systems within the Lake 18 Okeechobee watershed shall be given funding priority in the 19 department's revolving loan program under s. 403.1835. The 20 department shall coordinate and provide assistance to those 21 local governments seeking financial assistance for such 22 priority projects. 23 5. Projects that make use of private lands to reduce 24 nutrient loadings or concentrations within a basin by one or 25 more of the following methods: restoring the natural 26 hydrology of the basin, restoring wildlife habitat or impacted 27 wetlands, reducing peak flows after storm events, increasing 28 aquifer recharge, or protecting range and timberland from 29 conversion to development, are eligible for grants available 30 under this section from the coordinating agencies. For 31 projects of otherwise equal priority, special funding priority 6 File original & 9 copies 03/21/02 hbd0002 11:38 am 01906-0079-881153
HOUSE AMENDMENT hbd-22 Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ (for drafter's use only) 1 will be given to those projects that make best use of the 2 methods outlined above that involve public-private 3 partnerships or that obtain federal match money. Preference 4 ranking above the special funding priority will be given to 5 projects located in a rural area of critical economic concern 6 designated by the Governor. Grant applications may be 7 submitted by any person, and eligible projects may include, 8 but are not limited to, the purchase of conservation and 9 flowage easements, hydrologic restoration of wetlands, 10 creating treatment wetlands, development of a management plan 11 for natural resources, and financial support to implement a 12 management plan. 13 6.5.a. The department shall require all entities 14 disposing of domestic wastewater residuals within the Lake 15 Okeechobee watershed and the remaining areas of Okeechobee, 16 Glades, and Hendry Counties to develop and submit to the 17 department by July 1, 2001, an agricultural use plan that 18 limits applications based upon phosphorus loading. By July 1, 19 2005, phosphorus loading originating from these application 20 sites shall not exceed the limits established in the 21 district's WOD program. 22 b. Private and government-owned utilities within 23 Monroe, Dade, Broward, Palm Beach, Martin, St. Lucie, Indian 24 River, Okeechobee, Highlands, Hendry, and Glades counties that 25 dispose of wastewater residual sludge from utility operations 26 and septic removal by land spreading in the Lake Okeechobee 27 watershed may use a line item on local sewer rates to cover 28 wastewater residual treatment and disposal if such disposal 29 and treatment is done by approved alternative treatment 30 methodology at a facility located within the areas designated 31 by the Governor as rural areas of critical economic concern 7 File original & 9 copies 03/21/02 hbd0002 11:38 am 01906-0079-881153
HOUSE AMENDMENT hbd-22 Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ (for drafter's use only) 1 pursuant to s. 288.0656. This additional line item is an 2 environmental protection disposal fee above the present sewer 3 rate and shall not be considered a part of the present sewer 4 rate to customers, notwithstanding provisions to the contrary 5 in chapter 367. The fee shall be established by the county 6 commission or its designated assignee in the county in which 7 the alternative method treatment facility is located. The fee 8 shall be calculated to be no higher than that necessary to 9 recover the facility's prudent cost of providing the service. 10 Upon request by an affected county commission, the Florida 11 Public Service Commission will provide assistance in 12 establishing the fee. Further, for utilities and utility 13 authorities that use the additional line item environmental 14 protection disposal fee, such fee shall not be considered a 15 rate increase under the rules of the Public Service Commission 16 and shall be exempt from such rules. Utilities using the 17 provisions of this section may immediately include in their 18 sewer invoicing the new environmental protection disposal fee. 19 Proceeds from this environmental protection disposal fee shall 20 be used for treatment and disposal of wastewater residuals, 21 including any treatment technology that helps reduce the 22 volume of residuals that require final disposal, but such 23 proceeds shall not be used for transportation or shipment 24 costs for disposal or any costs relating to the land 25 application of residuals in the Lake Okeechobee watershed. 26 c. No less frequently than once every 3 years, the 27 Florida Public Service Commission or the county commission 28 through the services of an independent auditor shall perform a 29 financial audit of all facilities receiving compensation from 30 an environmental protection disposal fee. The Florida Public 31 Service Commission or the county commission through the 8 File original & 9 copies 03/21/02 hbd0002 11:38 am 01906-0079-881153
HOUSE AMENDMENT hbd-22 Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ (for drafter's use only) 1 services of an independent auditor shall also perform an audit 2 of the methodology used in establishing the environmental 3 protection disposal fee. The Florida Public Service Commission 4 or the county commission shall, within 120 days after 5 completion of an audit, file the audit report with the 6 President of the Senate and the Speaker of the House of 7 Representatives and shall provide copies to the county 8 commissions of the counties set forth in sub-subparagraph b. 9 The books and records of any facilities receiving compensation 10 from an environmental protection disposal fee shall be open to 11 the Florida Public Service Commission and the Auditor General 12 for review upon request. 13 7. The Department of Health shall require all entities 14 disposing of septage within the Lake Okeechobee watershed and 15 the remaining areas of Okeechobee, Glades, and Hendry Counties 16 to develop and submit to that agency, by July 1, 2003, an 17 agricultural use plan that limits applications based upon 18 phosphorus loading. By July 1, 2005, phosphorus loading 19 originating from these application sites shall not exceed the 20 limits established in the district's WOD program. 21 8.6. By July 1, 2001, The Department of Agriculture 22 and Consumer Services shall initiate rulemaking requiring 23 entities within the Lake Okeechobee watershed and the 24 remaining areas of Okeechobee, Glades, and Hendry Counties 25 which land-apply animal manure to develop conservation or 26 nutrient management plans that limit application, based upon 27 phosphorus loading. Such rules may include criteria and 28 thresholds for the requirement to develop a conservation or 29 nutrient management plan, requirements for plan approval, and 30 recordkeeping requirements. 31 9.7. Prior to authorizing a discharge into works of 9 File original & 9 copies 03/21/02 hbd0002 11:38 am 01906-0079-881153
HOUSE AMENDMENT hbd-22 Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ (for drafter's use only) 1 the district, the district shall require responsible parties 2 to demonstrate that proposed changes in land use will not 3 result in increased phosphorus loading over that of existing 4 land uses. 5 10.8. The district, the department, or the Department 6 of Agriculture and Consumer Services, as appropriate, shall 7 implement those alternative nutrient reduction technologies 8 determined to be feasible pursuant to subparagraph (d)6. 9 10 11 ================ T I T L E A M E N D M E N T =============== 12 And the title is amended as follows: 13 On page 105, line 16, after the semicolon, 14 15 insert: 16 amending s. 373.4595, F.S.; providing 17 eligibility requirements for projects that 18 reduce nutrient outputs on private lands for 19 grants available from coordinating agencies; 20 providing additional entities required to 21 develop agricultural use plans limiting 22 residual applications based on phosphorus 23 loading; providing a deadline for meeting 24 phosphorus loading limitations established in 25 the water management district's WOD program; 26 requiring certain entities to develop and 27 submit agricultural use plans limiting septage 28 applications based on phosphorus loading to the 29 Department of Health by a specified date; 30 providing a deadline for meeting phosphorus 31 loading limitations established in the water 10 File original & 9 copies 03/21/02 hbd0002 11:38 am 01906-0079-881153
HOUSE AMENDMENT hbd-22 Bill No. CS for SB's 1906 & 550, 1st Eng. Amendment No. ___ (for drafter's use only) 1 management district's WOD program; providing 2 additional entities required to develop 3 conservation or nutrient management plans 4 limiting the land application of manure based 5 on phosphorus loading; 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11 File original & 9 copies 03/21/02 hbd0002 11:38 am 01906-0079-881153