| 1 | A bill to be entitled |
| 2 | An act relating to the Lake Okeechobee Protection Program; |
| 3 | amending s. 373.4595, F.S.; providing legislative findings |
| 4 | and intent with respect to implementation and funding of |
| 5 | the Lake Okeechobee Watershed Phosphorus Control Program |
| 6 | and the Lake Okeechobee Protection Program; providing for |
| 7 | implementation and funding of the Lake Okeechobee |
| 8 | Protection Plan; providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Paragraphs (j), (k), and (l) of subsection (1) |
| 13 | of section 373.4595, Florida Statutes, are redesignated as |
| 14 | paragraphs (l), (m), and (n), respectively, and new paragraphs |
| 15 | (j), (k), and (o) are added to said subsection, paragraph (b) of |
| 16 | subsection (3) is amended, paragraph (g) of said subsection is |
| 17 | redesignated as paragraph (h), and a new paragraph (g) is added |
| 18 | to said subsection, to read: |
| 19 | 373.4595 Lake Okeechobee Protection Program.-- |
| 20 | (1) FINDINGS AND INTENT.-- |
| 21 | (j) The Legislature finds that in order to achieve the |
| 22 | goals and objectives of this section and to effectively |
| 23 | implement the Lake Okeechobee Watershed Phosphorus Control |
| 24 | Program pursuant to paragraph (3)(c), the state must |
| 25 | expeditiously implement the Lake Okeechobee Protection Plan |
| 26 | developed pursuant to paragraph (3)(a). |
| 27 | (k) The Legislature finds that a continuing source of |
| 28 | funding is needed to effectively implement a phosphorus control |
| 29 | program that initially targets the most significant sources |
| 30 | contributing to phosphorus loads within the watershed and |
| 31 | continues to address other sources as needed to achieve the |
| 32 | phased phosphorus load reductions required under this section. |
| 33 | (o) It is the intent of the Legislature to provide funding |
| 34 | on a continuing basis for the purpose of implementing the Lake |
| 35 | Okeechobee Protection Plan and achieving phosphorus load |
| 36 | reductions consistent with total maximum daily loads established |
| 37 | pursuant to s. 403.067. |
| 38 | (3) LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection |
| 39 | program for Lake Okeechobee that achieves phosphorus load |
| 40 | reductions for Lake Okeechobee shall be immediately implemented |
| 41 | as specified in this subsection. The program shall address the |
| 42 | reduction of phosphorus loading to the lake from both internal |
| 43 | and external sources. Phosphorus load reductions shall be |
| 44 | achieved through a phased program of implementation. Initial |
| 45 | implementation actions shall be technology-based, based upon a |
| 46 | consideration of both the availability of appropriate technology |
| 47 | and the cost of such technology, and shall include phosphorus |
| 48 | reduction measures at both the source and the regional level. |
| 49 | The initial phase of phosphorus load reductions shall be based |
| 50 | upon the district's Technical Publication 81-2 and the |
| 51 | district's WOD program, with subsequent phases of phosphorus |
| 52 | load reductions based upon the total maximum daily loads |
| 53 | established in accordance with s. 403.067. In the development |
| 54 | and administration of the Lake Okeechobee Protection Program, |
| 55 | the coordinating agencies shall maximize opportunities provided |
| 56 | by federal cost-sharing programs and opportunities for |
| 57 | partnerships with the private sector. |
| 58 | (b) Lake Okeechobee Construction Project.--To improve the |
| 59 | hydrology and water quality of Lake Okeechobee and downstream |
| 60 | receiving waters, the district shall design and construct the |
| 61 | Lake Okeechobee Construction Project. |
| 62 | 1. Phase I.--Phase I of the Lake Okeechobee Construction |
| 63 | Project shall consist of a series of project features consistent |
| 64 | with the recommendations of the South Florida Ecosystem |
| 65 | Restoration Working Group's Lake Okeechobee Action Plan. |
| 66 | Priority basins for such projects include S-191, S-154, and |
| 67 | Pools D and E in the Lower Kissimmee River. In order to obtain |
| 68 | immediate phosphorus load reductions to Lake Okeechobee as soon |
| 69 | as possible, the following actions shall be implemented: |
| 70 | a. The district shall serve as a full partner with the |
| 71 | Corps of Engineers in the design and construction of the Grassy |
| 72 | Island Ranch and New Palm Dairy stormwater treatment facilities |
| 73 | as components of the Lake Okeechobee Water Retention/Phosphorus |
| 74 | Removal Critical Project. The Corps of Engineers shall have the |
| 75 | lead in design and construction of these facilities. However, |
| 76 | the district shall encourage the Corps of Engineers to complete |
| 77 | a detailed design document by July 1, 2001. Should delays be |
| 78 | encountered in the implementation of either of these facilities, |
| 79 | the district shall notify the department and recommend |
| 80 | corrective actions. |
| 81 | b. By January 1, 2001, the district shall obtain permits |
| 82 | and complete construction of two of the isolated wetland |
| 83 | restoration projects that are part of the Lake Okeechobee Water |
| 84 | Retention/Phosphorus Removal Critical Project. The additional |
| 85 | isolated wetland projects included in this critical project |
| 86 | shall be permitted and constructed by January 1, 2003, to |
| 87 | further reduce phosphorus loading to Lake Okeechobee. |
| 88 | c. By January 31, 2002, the district shall design and |
| 89 | complete implementation of the Lake Okeechobee Tributary |
| 90 | Sediment Removal Pilot Project. This project shall consist of |
| 91 | testing two alternative technologies for trapping and collecting |
| 92 | phosphorus-laden sediment in the secondary drainage system prior |
| 93 | to its discharge into the primary canal system and Lake |
| 94 | Okeechobee, thereby further reducing the total sediment loading |
| 95 | to the lake. |
| 96 | d. The district shall work with the Corps of Engineers to |
| 97 | expedite initiation of the design process for the Taylor |
| 98 | Creek/Nubbins Slough Reservoir Assisted Stormwater Treatment |
| 99 | Area, a project component of the Restudy. The district shall |
| 100 | propose to the Corps of Engineers that the district take the |
| 101 | lead in the design and construction of the Reservoir Assisted |
| 102 | Stormwater Treatment Area and receive credit towards the local |
| 103 | share of the total cost of the Restudy. |
| 104 | 2. Phase II.--By January 1, 2004, the district, in |
| 105 | cooperation with the other coordinating agencies and the Corps |
| 106 | of Engineers, shall develop an implementation plan for Phase II |
| 107 | of the Lake Okeechobee Construction Project. Phase II shall |
| 108 | include construction of additional facilities in the priority |
| 109 | basins identified in subparagraph (b)1., as well as facilities |
| 110 | for other basins in the Lake Okeechobee watershed. The |
| 111 | implementation plan shall: |
| 112 | a. Identify Lake Okeechobee Construction Project |
| 113 | facilities to be constructed to achieve a design objective of 40 |
| 114 | parts per billion (ppb) for phosphorus measured as a long-term |
| 115 | flow weighted average concentration, unless an allocation has |
| 116 | been established pursuant to s. 403.067 for the Lake Okeechobee |
| 117 | total maximum daily load. |
| 118 | b. Identify the size and location of all such Lake |
| 119 | Okeechobee Construction Project facilities. |
| 120 | c. Provide a construction schedule for all such Lake |
| 121 | Okeechobee Construction Project facilities, including the |
| 122 | sequencing and specific timeframe for construction of each Lake |
| 123 | Okeechobee Construction Project facility. |
| 124 | d. Provide a land acquisition schedule for lands necessary |
| 125 | to achieve the construction schedule. |
| 126 | e. Provide a detailed schedule of costs associated with |
| 127 | the construction schedule. |
| 128 | f. Identify, to the maximum extent practicable, impacts on |
| 129 | wetlands and state-listed species expected to be associated with |
| 130 | construction of such facilities, including potential |
| 131 | alternatives to minimize and mitigate such impacts, as |
| 132 | appropriate. |
| 133 | 3. Evaluation.--By January 1, 2004, and every 3 years |
| 134 | thereafter, the district, in cooperation with the coordinating |
| 135 | agencies, shall conduct an evaluation of any further phosphorus |
| 136 | load reductions necessary to achieve compliance with the Lake |
| 137 | Okeechobee total maximum daily load established pursuant to s. |
| 138 | 403.067. Additionally, the district shall identify modifications |
| 139 | to facilities of the Lake Okeechobee Construction Project as |
| 140 | appropriate if the design objective of 40 parts per billion |
| 141 | (ppb) or the allocation established pursuant to s. 403.067 for |
| 142 | the Lake Okeechobee total maximum daily load established |
| 143 | pursuant to s. 403.067 is not being met. The evaluation shall be |
| 144 | included in the applicable annual progress report submitted |
| 145 | pursuant to paragraph (h)(g). |
| 146 | 4. Coordination and review.--To ensure the timely |
| 147 | implementation of the Lake Okeechobee Construction Project, the |
| 148 | design of project facilities shall be coordinated with the |
| 149 | department and other interested parties to the maximum extent |
| 150 | practicable. Lake Okeechobee Construction Project facilities |
| 151 | shall be reviewed and commented upon by the department prior to |
| 152 | the execution of a construction contract by the district for |
| 153 | that facility. |
| 154 | (g) Lake Okeechobee Protection Plan implementation.--The |
| 155 | coordinating agencies shall be jointly responsible for |
| 156 | implementation of the Lake Okeechobee Protection Plan, |
| 157 | consistent with the statutory authority and responsibility of |
| 158 | each agency. Annual funding priorities shall be jointly |
| 159 | established and the highest priority shall be assigned to |
| 160 | programs and projects that address phosphorus sources that have |
| 161 | the highest relative contribution to phosphorus loading and the |
| 162 | greatest potential for phosphorus reduction. In determining |
| 163 | funding priorities, the coordinating agencies shall also |
| 164 | consider the need for regulatory compliance, the extent to which |
| 165 | the program or project is ready to proceed, and the availability |
| 166 | of federal matching funds or other nonstate funding, including |
| 167 | public-private partnerships. Federal and other nonstate funding |
| 168 | shall be maximized to the greatest extent practicable. |
| 169 | Section 2. This act shall take effect July 1, 2005. |