| 1 | The Water & Natural Resources Committee recommends the |
| 2 | following: |
| 3 |
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| 4 | Council/Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to the Lake Okeechobee Protection Program; |
| 8 | amending s. 373.4595, F.S.; providing legislative findings |
| 9 | and intent with respect to implementation and funding of |
| 10 | the Lake Okeechobee Watershed Phosphorus Control Program |
| 11 | and the Lake Okeechobee Protection Program; revising a |
| 12 | definition; providing that the Department of Agriculture |
| 13 | and Consumer Services, the Department of Environmental |
| 14 | Protection, and the South Florida Water Management |
| 15 | District be jointly responsible for implementing the Lake |
| 16 | Okeechobee Protection Plan; requiring that annual funding |
| 17 | priorities be jointly established; providing criteria for |
| 18 | determining funding priorities; repealing obsolete |
| 19 | provisions; providing an effective date. |
| 20 |
|
| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Subsections (1) through (3) of section |
| 24 | 373.4595, Florida Statutes, are amended to read: |
| 25 | 373.4595 Lake Okeechobee Protection Program.-- |
| 26 | (1) FINDINGS AND INTENT.-- |
| 27 | (a) The Legislature finds that Lake Okeechobee is one of |
| 28 | the most important water resources of the state, providing many |
| 29 | functions benefiting the public interest, including |
| 30 | agricultural, public, and environmental water supply; flood |
| 31 | control; fishing; navigation and recreation; and habitat to |
| 32 | endangered and threatened species and other flora and fauna. |
| 33 | (b) The Legislature finds that land uses in the Lake |
| 34 | Okeechobee watershed and the construction of the Central and |
| 35 | Southern Florida Project have resulted in adverse changes to the |
| 36 | hydrology and water quality of Lake Okeechobee. These hydrology |
| 37 | and water quality changes have resulted in algal blooms and |
| 38 | other adverse impacts to water quality both in Lake Okeechobee |
| 39 | and in downstream receiving waters. |
| 40 | (c) The Legislature finds that improvement to the |
| 41 | hydrology and water quality of Lake Okeechobee is essential to |
| 42 | the protection of the Everglades. |
| 43 | (d) The Legislature also finds that it is imperative for |
| 44 | the state, local governments, and agricultural and environmental |
| 45 | communities to commit to restoring and protecting Lake |
| 46 | Okeechobee and downstream receiving waters, and that a |
| 47 | watershed-based approach to address these issues must be |
| 48 | developed and implemented immediately. |
| 49 | (e) The Legislature finds that phosphorus loads from the |
| 50 | Lake Okeechobee watershed have contributed to excessive |
| 51 | phosphorus levels in Lake Okeechobee and downstream receiving |
| 52 | waters and that a reduction in levels of phosphorus will benefit |
| 53 | the ecology of these systems. The excessive levels of phosphorus |
| 54 | have also resulted in an accumulation of phosphorus in the |
| 55 | sediments of Lake Okeechobee. If not removed, internal |
| 56 | phosphorus loads from the sediments are expected to delay |
| 57 | responses of the lake to external phosphorus reductions. |
| 58 | (f) The Legislature finds that the Lake Okeechobee |
| 59 | phosphorus loads set forth in the South Florida Water Management |
| 60 | District's Technical Publication 81-2 represent an appropriate |
| 61 | basis for the initial phase of phosphorus load reductions to |
| 62 | Lake Okeechobee and that subsequent phases of phosphorus load |
| 63 | reductions shall be determined by the total maximum daily loads |
| 64 | established in accordance with s. 403.067. |
| 65 | (g) The Legislature finds that this section, in |
| 66 | conjunction with s. 403.067, provides a reasonable means of |
| 67 | achieving and maintaining compliance with state water quality |
| 68 | standards. |
| 69 | (h) The Legislature finds that the implementation of the |
| 70 | programs contained in this section is for the benefit of the |
| 71 | public health, safety, and welfare and is in the public |
| 72 | interest. |
| 73 | (i) The Legislature finds that sufficient research has |
| 74 | been conducted and sufficient plans developed to immediately |
| 75 | initiate the first phase of a program to address the hydrology |
| 76 | and water quality problems in Lake Okeechobee and downstream |
| 77 | receiving waters. |
| 78 | (j) The Legislature finds that in order to achieve the |
| 79 | goals and objectives of this section and to effectively |
| 80 | implement the Lake Okeechobee Watershed Phosphorus Control |
| 81 | Program pursuant to paragraph (3)(c), the state must |
| 82 | expeditiously implement the Lake Okeechobee Protection Plan |
| 83 | developed pursuant to paragraph (3)(a). |
| 84 | (k) The Legislature finds that a continuing source of |
| 85 | funding is needed to effectively implement a phosphorus control |
| 86 | program that initially targets the most significant sources |
| 87 | contributing to phosphorus loads within the watershed and |
| 88 | continues to address other sources as needed to achieve the |
| 89 | phased phosphorus load reductions required under this section. |
| 90 | (l)(j) It is the intent of the Legislature to achieve and |
| 91 | maintain compliance with water quality standards in Lake |
| 92 | Okeechobee and downstream receiving waters through a phased, |
| 93 | comprehensive, and innovative protection program to reduce both |
| 94 | internal and external phosphorus loads to Lake Okeechobee |
| 95 | through immediate actions to achieve the phosphorus load |
| 96 | reductions set forth in Technical Publication 81-2 and long-term |
| 97 | solutions based upon the total maximum daily loads established |
| 98 | in accordance with s. 403.067. This program shall be watershed- |
| 99 | based, shall provide for consideration of all potential |
| 100 | phosphorus sources, and shall include research and monitoring, |
| 101 | development and implementation of best management practices, |
| 102 | refinement of existing regulations, and structural and |
| 103 | nonstructural projects, including public works. |
| 104 | (m)(k) It is the intent of the Legislature that the Lake |
| 105 | Okeechobee Protection Program be developed and implemented in |
| 106 | coordination with and, to the greatest extent practicable, |
| 107 | through the implementation of Restudy project components and |
| 108 | other federal programs in order to maximize opportunities for |
| 109 | the most efficient and timely expenditures of public funds. |
| 110 | (n)(l) It is the intent of the Legislature that the |
| 111 | coordinating agencies encourage and support the development of |
| 112 | creative public-private partnerships and programs, including |
| 113 | opportunities for pollutant trading and credits, to facilitate |
| 114 | or further the restoration of Lake Okeechobee, consistent with |
| 115 | s. 403.067. |
| 116 | (o) It is the intent of the Legislature to provide funding |
| 117 | on a continuing basis for the purpose of implementing the Lake |
| 118 | Okeechobee Protection Plan and achieving phosphorus load |
| 119 | reductions consistent with total maximum daily loads established |
| 120 | pursuant to s. 403.067. |
| 121 | (2) DEFINITIONS.--As used in this section: |
| 122 | (a) "Best management practice" means a practice or |
| 123 | combination of practices determined by the coordinating |
| 124 | agencies, based on research, field-testing, and expert review, |
| 125 | to be the most effective and practicable on-location means, |
| 126 | including economic and technological considerations, for |
| 127 | improving water quality in agricultural and urban discharges. |
| 128 | Best management practices for agricultural discharges shall |
| 129 | reflect a balance between water quality improvements and |
| 130 | agricultural productivity. |
| 131 | (b) "Coordinating agencies" means the Department of |
| 132 | Agriculture and Consumer Services, the Department of |
| 133 | Environmental Protection, and the South Florida Water Management |
| 134 | District. |
| 135 | (c) "Corps of Engineers" means the United States Army |
| 136 | Corps of Engineers. |
| 137 | (d) "Department" means the Department of Environmental |
| 138 | Protection. |
| 139 | (e) "District" means the South Florida Water Management |
| 140 | District. |
| 141 | (f) "District's WOD program" means the program implemented |
| 142 | pursuant to rules adopted as authorized by this section and ss. |
| 143 | 373.016, 373.044, 373.085, 373.086, 373.109, 373.113, 373.118, |
| 144 | 373.451, and 373.453, entitled "Works of the District Basin." |
| 145 | (g) "Lake Okeechobee Construction Project" means the |
| 146 | construction project developed pursuant to paragraph (3)(b). |
| 147 | (h) "Lake Okeechobee Protection Plan" means the plan |
| 148 | developed pursuant to this section and ss. 373.451-373.459. |
| 149 | (i) "Lake Okeechobee watershed" means Lake Okeechobee and |
| 150 | the area surrounding and tributary to Lake Okeechobee, composed |
| 151 | of the 39 surrounding hydrologic basins, as defined by the Lake |
| 152 | Okeechobee Protection Plan dated January 1, 2004 South Florida |
| 153 | Water Management District SWIM Plan Update dated August 8, 1997. |
| 154 | (j) "Lake Okeechobee Watershed Phosphorus Control Program" |
| 155 | means the program developed pursuant to paragraph (3)(c). |
| 156 | (k) "Project component" means any structural or |
| 157 | operational change, resulting from the Restudy, to the Central |
| 158 | and Southern Florida Project as it existed and was operated as |
| 159 | of January 1, 1999. |
| 160 | (l) "Restudy" means the Comprehensive Review Study of the |
| 161 | Central and Southern Florida Project, for which federal |
| 162 | participation was authorized by the Federal Water Resources |
| 163 | Development Acts of 1992 and 1996 together with related |
| 164 | Congressional resolutions and for which participation by the |
| 165 | South Florida Water Management District is authorized by s. |
| 166 | 373.1501. The term includes all actions undertaken pursuant to |
| 167 | the aforementioned authorizations which will result in |
| 168 | recommendations for modifications or additions to the Central |
| 169 | and Southern Florida Project. |
| 170 | (m) "Total maximum daily load" means the sum of the |
| 171 | individual wasteload allocations for point sources and the load |
| 172 | allocations for nonpoint sources and natural background. Prior |
| 173 | to determining individual wasteload allocations and load |
| 174 | allocations, the maximum amount of a pollutant that a water body |
| 175 | or water segment can assimilate from all sources without |
| 176 | exceeding water quality standards must first be calculated. |
| 177 | (3) LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection |
| 178 | program for Lake Okeechobee that achieves phosphorus load |
| 179 | reductions for Lake Okeechobee shall be immediately implemented |
| 180 | as specified in this subsection. The program shall address the |
| 181 | reduction of phosphorus loading to the lake from both internal |
| 182 | and external sources. Phosphorus load reductions shall be |
| 183 | achieved through a phased program of implementation. Initial |
| 184 | implementation actions shall be technology-based, based upon a |
| 185 | consideration of both the availability of appropriate technology |
| 186 | and the cost of such technology, and shall include phosphorus |
| 187 | reduction measures at both the source and the regional level. |
| 188 | The initial phase of phosphorus load reductions shall be based |
| 189 | upon the district's Technical Publication 81-2 and the |
| 190 | district's WOD program, with subsequent phases of phosphorus |
| 191 | load reductions based upon the total maximum daily loads |
| 192 | established in accordance with s. 403.067. In the development |
| 193 | and administration of the Lake Okeechobee Protection Program, |
| 194 | the coordinating agencies shall maximize opportunities provided |
| 195 | by federal cost-sharing programs and opportunities for |
| 196 | partnerships with the private sector. |
| 197 | (a) Lake Okeechobee Protection Plan.--By January 1, 2004, |
| 198 | The district, in cooperation with the other coordinating |
| 199 | agencies, shall complete a Lake Okeechobee Protection Plan in |
| 200 | accordance with this section and ss. 373.451-373.459. The plan |
| 201 | shall contain an implementation schedule for subsequent phases |
| 202 | of phosphorus load reduction consistent with the total maximum |
| 203 | daily loads established in accordance with s. 403.067. The plan |
| 204 | shall consider and build upon a review and analysis of the |
| 205 | following: |
| 206 | 1. The performance of projects constructed during Phase I |
| 207 | of the Lake Okeechobee Construction Project, pursuant to |
| 208 | paragraph (b). |
| 209 | 2. Relevant information resulting from the Lake Okeechobee |
| 210 | Watershed Phosphorus Control Program, pursuant to paragraph (c). |
| 211 | 3. Relevant information resulting from the Lake Okeechobee |
| 212 | Research and Water Quality Monitoring Program, pursuant to |
| 213 | paragraph (d). |
| 214 | 4. Relevant information resulting from the Lake Okeechobee |
| 215 | Exotic Species Control Program, pursuant to paragraph (e). |
| 216 | 5. Relevant information resulting from the Lake Okeechobee |
| 217 | Internal Phosphorus Management Program, pursuant to paragraph |
| 218 | (f). |
| 219 | (b) Lake Okeechobee Construction Project.--To improve the |
| 220 | hydrology and water quality of Lake Okeechobee and downstream |
| 221 | receiving waters, the district shall design and construct the |
| 222 | Lake Okeechobee Construction Project. |
| 223 | 1. Phase I.--Phase I of the Lake Okeechobee Construction |
| 224 | Project shall consist of a series of project features consistent |
| 225 | with the recommendations of the South Florida Ecosystem |
| 226 | Restoration Working Group's Lake Okeechobee Action Plan. |
| 227 | Priority basins for such projects include S-191, S-154, and |
| 228 | Pools D and E in the Lower Kissimmee River. In order to obtain |
| 229 | immediate phosphorus load reductions to Lake Okeechobee as soon |
| 230 | as possible, the following actions shall be implemented: |
| 231 | a. The district shall serve as a full partner with the |
| 232 | Corps of Engineers in the design and construction of the Grassy |
| 233 | Island Ranch and New Palm Dairy stormwater treatment facilities |
| 234 | as components of the Lake Okeechobee Water Retention/Phosphorus |
| 235 | Removal Critical Project. The Corps of Engineers shall have the |
| 236 | lead in design and construction of these facilities. However, |
| 237 | the district shall encourage the Corps of Engineers to complete |
| 238 | a detailed design document by July 1, 2001. Should delays be |
| 239 | encountered in the implementation of either of these facilities, |
| 240 | the district shall notify the department and recommend |
| 241 | corrective actions. |
| 242 | b. By January 1, 2001, The district shall obtain permits |
| 243 | and complete construction of two of the isolated wetland |
| 244 | restoration projects that are part of the Lake Okeechobee Water |
| 245 | Retention/Phosphorus Removal Critical Project. The additional |
| 246 | isolated wetland projects included in this critical project |
| 247 | shall be permitted and constructed by January 1, 2003, to |
| 248 | further reduce phosphorus loading to Lake Okeechobee. |
| 249 | c. By January 31, 2002, the district shall design and |
| 250 | complete implementation of the Lake Okeechobee Tributary |
| 251 | Sediment Removal Pilot Project. This project shall consist of |
| 252 | testing two alternative technologies for trapping and collecting |
| 253 | phosphorus-laden sediment in the secondary drainage system prior |
| 254 | to its discharge into the primary canal system and Lake |
| 255 | Okeechobee, thereby further reducing the total sediment loading |
| 256 | to the lake. |
| 257 | c.d. The district shall work with the Corps of Engineers |
| 258 | to expedite initiation of the design process for the Taylor |
| 259 | Creek/Nubbins Slough Reservoir Assisted Stormwater Treatment |
| 260 | Area, a project component of the Restudy. The district shall |
| 261 | propose to the Corps of Engineers that the district take the |
| 262 | lead in the design and construction of the Reservoir Assisted |
| 263 | Stormwater Treatment Area and receive credit towards the local |
| 264 | share of the total cost of the Restudy. |
| 265 | 2. Phase II.--By January 1, 2004, The district, in |
| 266 | cooperation with the other coordinating agencies and the Corps |
| 267 | of Engineers, shall develop an implementation plan for Phase II |
| 268 | of the Lake Okeechobee Construction Project. Phase II shall |
| 269 | include construction of additional facilities in the priority |
| 270 | basins identified in subparagraph (b)1., as well as facilities |
| 271 | for other basins in the Lake Okeechobee watershed. The |
| 272 | implementation plan shall: |
| 273 | a. Identify Lake Okeechobee Construction Project |
| 274 | facilities to be constructed to achieve a design objective of 40 |
| 275 | parts per billion (ppb) for phosphorus measured as a long-term |
| 276 | flow weighted average concentration, unless an allocation has |
| 277 | been established pursuant to s. 403.067 for the Lake Okeechobee |
| 278 | total maximum daily load. |
| 279 | b. Identify the size and location of all such Lake |
| 280 | Okeechobee Construction Project facilities. |
| 281 | c. Provide a construction schedule for all such Lake |
| 282 | Okeechobee Construction Project facilities, including the |
| 283 | sequencing and specific timeframe for construction of each Lake |
| 284 | Okeechobee Construction Project facility. |
| 285 | d. Provide a land acquisition schedule for lands necessary |
| 286 | to achieve the construction schedule. |
| 287 | e. Provide a detailed schedule of costs associated with |
| 288 | the construction schedule. |
| 289 | f. Identify, to the maximum extent practicable, impacts on |
| 290 | wetlands and state-listed species expected to be associated with |
| 291 | construction of such facilities, including potential |
| 292 | alternatives to minimize and mitigate such impacts, as |
| 293 | appropriate. |
| 294 | 3. Evaluation.--By January 1, 2004, and every 3 years |
| 295 | thereafter, the district, in cooperation with the coordinating |
| 296 | agencies, shall conduct an evaluation of any further phosphorus |
| 297 | load reductions necessary to achieve compliance with the Lake |
| 298 | Okeechobee total maximum daily load established pursuant to s. |
| 299 | 403.067. Additionally, the district shall identify modifications |
| 300 | to facilities of the Lake Okeechobee Construction Project as |
| 301 | appropriate if the design objective of 40 parts per billion |
| 302 | (ppb) or the allocation established pursuant to s. 403.067 for |
| 303 | the Lake Okeechobee total maximum daily load established |
| 304 | pursuant to s. 403.067 is not being met. The evaluation shall be |
| 305 | included in the applicable annual progress report submitted |
| 306 | pursuant to paragraph (h)(g). |
| 307 | 4. Coordination and review.--To ensure the timely |
| 308 | implementation of the Lake Okeechobee Construction Project, the |
| 309 | design of project facilities shall be coordinated with the |
| 310 | department and other interested parties to the maximum extent |
| 311 | practicable. Lake Okeechobee Construction Project facilities |
| 312 | shall be reviewed and commented upon by the department prior to |
| 313 | the execution of a construction contract by the district for |
| 314 | that facility. |
| 315 | (c) Lake Okeechobee Watershed Phosphorus Control |
| 316 | Program.--The Lake Okeechobee Watershed Phosphorus Control |
| 317 | Program is designed to be a multifaceted approach to reducing |
| 318 | phosphorus loads by improving the management of phosphorus |
| 319 | sources within the Lake Okeechobee watershed through continued |
| 320 | implementation of existing regulations and best management |
| 321 | practices, development and implementation of improved best |
| 322 | management practices, improvement and restoration of the |
| 323 | hydrologic function of natural and managed systems, and |
| 324 | utilization of alternative technologies for nutrient reduction. |
| 325 | The coordinating agencies shall facilitate the application of |
| 326 | federal programs that offer opportunities for water quality |
| 327 | treatment, including preservation, restoration, or creation of |
| 328 | wetlands on agricultural lands. |
| 329 | 1. Agricultural nonpoint source best management practices, |
| 330 | developed in accordance with s. 403.067 and designed to achieve |
| 331 | the objectives of the Lake Okeechobee Protection Program, shall |
| 332 | be implemented on an expedited basis. By March 1, 2001, The |
| 333 | coordinating agencies shall develop an interagency agreement |
| 334 | pursuant to ss. 373.046 and 373.406(5) that assures the |
| 335 | development of best management practices that complement |
| 336 | existing regulatory programs and specifies how those best |
| 337 | management practices are implemented and verified. The |
| 338 | interagency agreement shall address measures to be taken by the |
| 339 | coordinating agencies during any best management practice |
| 340 | reevaluation performed pursuant to sub-subparagraph d. The |
| 341 | department shall use best professional judgment in making the |
| 342 | initial determination of best management practice effectiveness. |
| 343 | a. As provided in s. 403.067(7)(d), by October 1, 2000, |
| 344 | the Department of Agriculture and Consumer Services, in |
| 345 | consultation with the department, the district, and affected |
| 346 | parties, shall initiate rule development for interim measures, |
| 347 | best management practices, conservation plans, nutrient |
| 348 | management plans, or other measures necessary for Lake |
| 349 | Okeechobee phosphorus load reduction. The rule shall include |
| 350 | thresholds for requiring conservation and nutrient management |
| 351 | plans and criteria for the contents of such plans. Development |
| 352 | of agricultural nonpoint source best management practices shall |
| 353 | initially focus on those priority basins listed in subparagraph |
| 354 | (b)1. The Department of Agriculture and Consumer Services, in |
| 355 | consultation with the department, the district, and affected |
| 356 | parties, shall conduct an ongoing program for improvement of |
| 357 | existing and development of new interim measures or best |
| 358 | management practices for the purpose of adoption of such |
| 359 | practices by rule. |
| 360 | b. Where agricultural nonpoint source best management |
| 361 | practices or interim measures have been adopted by rule of the |
| 362 | Department of Agriculture and Consumer Services, the owner or |
| 363 | operator of an agricultural nonpoint source addressed by such |
| 364 | rule shall either implement interim measures or best management |
| 365 | practices or demonstrate compliance with the district's WOD |
| 366 | program by conducting monitoring prescribed by the department or |
| 367 | the district. Owners or operators of agricultural nonpoint |
| 368 | sources who implement interim measures or best management |
| 369 | practices adopted by rule of the Department of Agriculture and |
| 370 | Consumer Services shall be subject to the provisions of s. |
| 371 | 403.067(7). The Department of Agriculture and Consumer Services, |
| 372 | in cooperation with the department and the district, shall |
| 373 | provide technical and financial assistance for implementation of |
| 374 | agricultural best management practices, subject to the |
| 375 | availability of funds. |
| 376 | c. The district or department shall conduct monitoring at |
| 377 | representative sites to verify the effectiveness of agricultural |
| 378 | nonpoint source best management practices. |
| 379 | d. Where water quality problems are detected for |
| 380 | agricultural nonpoint sources despite the appropriate |
| 381 | implementation of adopted best management practices, the |
| 382 | Department of Agriculture and Consumer Services, in consultation |
| 383 | with the other coordinating agencies and affected parties, shall |
| 384 | institute a reevaluation of the best management practices and |
| 385 | make appropriate changes to the rule adopting best management |
| 386 | practices. |
| 387 | 2. Nonagricultural nonpoint source best management |
| 388 | practices, developed in accordance with s. 403.067 and designed |
| 389 | to achieve the objectives of the Lake Okeechobee Protection |
| 390 | Program, shall be implemented on an expedited basis. By March 1, |
| 391 | 2001, The department and the district shall develop an |
| 392 | interagency agreement pursuant to ss. 373.046 and 373.406(5) |
| 393 | that assures the development of best management practices that |
| 394 | complement existing regulatory programs and specifies how those |
| 395 | best management practices are implemented and verified. The |
| 396 | interagency agreement shall address measures to be taken by the |
| 397 | department and the district during any best management practice |
| 398 | reevaluation performed pursuant to sub-subparagraph d. |
| 399 | a. The department and the district are directed to work |
| 400 | with the University of Florida's Institute of Food and |
| 401 | Agricultural Sciences to develop appropriate nutrient |
| 402 | application rates for all nonagricultural soil amendments in the |
| 403 | watershed. As provided in s. 403.067(7)(c), by January 1, 2001, |
| 404 | the department, in consultation with the district and affected |
| 405 | parties, shall develop interim measures, best management |
| 406 | practices, or other measures necessary for Lake Okeechobee |
| 407 | phosphorus load reduction. Development of nonagricultural |
| 408 | nonpoint source best management practices shall initially focus |
| 409 | on those priority basins listed in subparagraph (b)1. The |
| 410 | department, the district, and affected parties shall conduct an |
| 411 | ongoing program for improvement of existing and development of |
| 412 | new interim measures or best management practices. The district |
| 413 | shall adopt technology-based standards under the district's WOD |
| 414 | program for nonagricultural nonpoint sources of phosphorus. |
| 415 | b. Where nonagricultural nonpoint source best management |
| 416 | practices or interim measures have been developed by the |
| 417 | department and adopted by the district, the owner or operator of |
| 418 | a nonagricultural nonpoint source shall implement interim |
| 419 | measures or best management practices and be subject to the |
| 420 | provisions of s. 403.067(7). The department and district shall |
| 421 | provide technical and financial assistance for implementation of |
| 422 | nonagricultural nonpoint source best management practices, |
| 423 | subject to the availability of funds. |
| 424 | c. The district or the department shall conduct monitoring |
| 425 | at representative sites to verify the effectiveness of |
| 426 | nonagricultural nonpoint source best management practices. |
| 427 | d. Where water quality problems are detected for |
| 428 | nonagricultural nonpoint sources despite the appropriate |
| 429 | implementation of adopted best management practices, the |
| 430 | department and the district shall institute a reevaluation of |
| 431 | the best management practices. |
| 432 | 3. The provisions of subparagraphs 1. and 2. shall not |
| 433 | preclude the department or the district from requiring |
| 434 | compliance with water quality standards or with current best |
| 435 | management practices requirements set forth in any applicable |
| 436 | regulatory program authorized by law for the purpose of |
| 437 | protecting water quality. Additionally, subparagraphs 1. and 2. |
| 438 | are applicable only to the extent that they do not conflict with |
| 439 | any rules promulgated by the department that are necessary to |
| 440 | maintain a federally delegated or approved program. |
| 441 | 4. Projects which reduce the phosphorus load originating |
| 442 | from domestic wastewater systems within the Lake Okeechobee |
| 443 | watershed shall be given funding priority in the department's |
| 444 | revolving loan program under s. 403.1835. The department shall |
| 445 | coordinate and provide assistance to those local governments |
| 446 | seeking financial assistance for such priority projects. |
| 447 | 5. Projects that make use of private lands, or lands held |
| 448 | in trust for Indian tribes, to reduce nutrient loadings or |
| 449 | concentrations within a basin by one or more of the following |
| 450 | methods: restoring the natural hydrology of the basin, restoring |
| 451 | wildlife habitat or impacted wetlands, reducing peak flows after |
| 452 | storm events, increasing aquifer recharge, or protecting range |
| 453 | and timberland from conversion to development, are eligible for |
| 454 | grants available under this section from the coordinating |
| 455 | agencies. For projects of otherwise equal priority, special |
| 456 | funding priority will be given to those projects that make best |
| 457 | use of the methods outlined above that involve public-private |
| 458 | partnerships or that obtain federal match money. Preference |
| 459 | ranking above the special funding priority will be given to |
| 460 | projects located in a rural area of critical economic concern |
| 461 | designated by the Governor. Grant applications may be submitted |
| 462 | by any person or tribal entity, and eligible projects may |
| 463 | include, but are not limited to, the purchase of conservation |
| 464 | and flowage easements, hydrologic restoration of wetlands, |
| 465 | creating treatment wetlands, development of a management plan |
| 466 | for natural resources, and financial support to implement a |
| 467 | management plan. |
| 468 | 6.a. The department shall require all entities disposing |
| 469 | of domestic wastewater residuals within the Lake Okeechobee |
| 470 | watershed and the remaining areas of Okeechobee, Glades, and |
| 471 | Hendry Counties to develop and submit to the department an |
| 472 | agricultural use plan that limits applications based upon |
| 473 | phosphorus loading. By July 1, 2005, phosphorus concentrations |
| 474 | originating from these application sites shall not exceed the |
| 475 | limits established in the district's WOD program. |
| 476 | b. Private and government-owned utilities within Monroe, |
| 477 | Dade, Broward, Palm Beach, Martin, St. Lucie, Indian River, |
| 478 | Okeechobee, Highlands, Hendry, and Glades Counties that dispose |
| 479 | of wastewater residual sludge from utility operations and septic |
| 480 | removal by land spreading in the Lake Okeechobee watershed may |
| 481 | use a line item on local sewer rates to cover wastewater |
| 482 | residual treatment and disposal if such disposal and treatment |
| 483 | is done by approved alternative treatment methodology at a |
| 484 | facility located within the areas designated by the Governor as |
| 485 | rural areas of critical economic concern pursuant to s. |
| 486 | 288.0656. This additional line item is an environmental |
| 487 | protection disposal fee above the present sewer rate and shall |
| 488 | not be considered a part of the present sewer rate to customers, |
| 489 | notwithstanding provisions to the contrary in chapter 367. The |
| 490 | fee shall be established by the county commission or its |
| 491 | designated assignee in the county in which the alternative |
| 492 | method treatment facility is located. The fee shall be |
| 493 | calculated to be no higher than that necessary to recover the |
| 494 | facility's prudent cost of providing the service. Upon request |
| 495 | by an affected county commission, the Florida Public Service |
| 496 | Commission will provide assistance in establishing the fee. |
| 497 | Further, for utilities and utility authorities that use the |
| 498 | additional line item environmental protection disposal fee, such |
| 499 | fee shall not be considered a rate increase under the rules of |
| 500 | the Public Service Commission and shall be exempt from such |
| 501 | rules. Utilities using the provisions of this section may |
| 502 | immediately include in their sewer invoicing the new |
| 503 | environmental protection disposal fee. Proceeds from this |
| 504 | environmental protection disposal fee shall be used for |
| 505 | treatment and disposal of wastewater residuals, including any |
| 506 | treatment technology that helps reduce the volume of residuals |
| 507 | that require final disposal, but such proceeds shall not be used |
| 508 | for transportation or shipment costs for disposal or any costs |
| 509 | relating to the land application of residuals in the Lake |
| 510 | Okeechobee watershed. |
| 511 | c. No less frequently than once every 3 years, the Florida |
| 512 | Public Service Commission or the county commission through the |
| 513 | services of an independent auditor shall perform a financial |
| 514 | audit of all facilities receiving compensation from an |
| 515 | environmental protection disposal fee. The Florida Public |
| 516 | Service Commission or the county commission through the services |
| 517 | of an independent auditor shall also perform an audit of the |
| 518 | methodology used in establishing the environmental protection |
| 519 | disposal fee. The Florida Public Service Commission or the |
| 520 | county commission shall, within 120 days after completion of an |
| 521 | audit, file the audit report with the President of the Senate |
| 522 | and the Speaker of the House of Representatives and shall |
| 523 | provide copies to the county commissions of the counties set |
| 524 | forth in sub-subparagraph b. The books and records of any |
| 525 | facilities receiving compensation from an environmental |
| 526 | protection disposal fee shall be open to the Florida Public |
| 527 | Service Commission and the Auditor General for review upon |
| 528 | request. |
| 529 | 7. The Department of Health shall require all entities |
| 530 | disposing of septage within the Lake Okeechobee watershed and |
| 531 | the remaining areas of Okeechobee, Glades, and Hendry Counties |
| 532 | to develop and submit to that agency, by July 1, 2003, an |
| 533 | agricultural use plan that limits applications based upon |
| 534 | phosphorus loading. By July 1, 2005, phosphorus concentrations |
| 535 | originating from these application sites shall not exceed the |
| 536 | limits established in the district's WOD program. |
| 537 | 8. The Department of Agriculture and Consumer Services |
| 538 | shall initiate rulemaking requiring entities within the Lake |
| 539 | Okeechobee watershed and the remaining areas of Okeechobee, |
| 540 | Glades, and Hendry Counties which land-apply animal manure to |
| 541 | develop conservation or nutrient management plans that limit |
| 542 | application, based upon phosphorus loading. Such rules may |
| 543 | include criteria and thresholds for the requirement to develop a |
| 544 | conservation or nutrient management plan, requirements for plan |
| 545 | approval, and recordkeeping requirements. |
| 546 | 9. Prior to authorizing a discharge into works of the |
| 547 | district, the district shall require responsible parties to |
| 548 | demonstrate that proposed changes in land use will not result in |
| 549 | increased phosphorus loading over that of existing land uses. |
| 550 | 10. The district, the department, or the Department of |
| 551 | Agriculture and Consumer Services, as appropriate, shall |
| 552 | implement those alternative nutrient reduction technologies |
| 553 | determined to be feasible pursuant to subparagraph (d)6. |
| 554 | (d) Lake Okeechobee Research and Water Quality Monitoring |
| 555 | Program.--By January 1, 2001, The district, in cooperation with |
| 556 | the other coordinating agencies, shall establish a Lake |
| 557 | Okeechobee Research and Water Quality Monitoring Program that |
| 558 | builds upon the district's existing Lake Okeechobee research |
| 559 | program. The program shall: |
| 560 | 1. Evaluate all available existing water quality data |
| 561 | concerning total phosphorus in the Lake Okeechobee watershed, |
| 562 | develop a water quality baseline to represent existing |
| 563 | conditions for total phosphorus, monitor long-term ecological |
| 564 | changes, including water quality for total phosphorus, and |
| 565 | measure compliance with water quality standards for total |
| 566 | phosphorus, including the total maximum daily load for Lake |
| 567 | Okeechobee as established pursuant to s. 403.067. The district |
| 568 | shall also implement a total phosphorus monitoring program at |
| 569 | all inflow structures to Lake Okeechobee. |
| 570 | 2. By July 1, 2003, Develop a Lake Okeechobee water |
| 571 | quality model that reasonably represents phosphorus dynamics of |
| 572 | the lake and incorporates an uncertainty analysis associated |
| 573 | with model predictions. |
| 574 | 3. By July 1, 2003, Determine the relative contribution of |
| 575 | phosphorus from all identifiable sources and all primary and |
| 576 | secondary land uses. |
| 577 | 4. By July 1, 2003, Conduct an assessment of the sources |
| 578 | of phosphorus from the Upper Kissimmee Chain-of-Lakes and Lake |
| 579 | Istokpoga, and their relative contribution to the water quality |
| 580 | of Lake Okeechobee. The results of this assessment shall be used |
| 581 | by the coordinating agencies to develop interim measures, best |
| 582 | management practices, or regulation, as applicable. |
| 583 | 5. By July 1, 2003, Assess current water management |
| 584 | practices within the Lake Okeechobee watershed and develop |
| 585 | recommendations for structural and operational improvements. |
| 586 | Such recommendations shall balance water supply, flood control, |
| 587 | estuarine salinity, maintenance of a healthy lake littoral zone, |
| 588 | and water quality considerations. |
| 589 | 6. By July 1, 2003, Evaluate the feasibility of |
| 590 | alternative nutrient reduction technologies, including sediment |
| 591 | traps, canal and ditch maintenance, fish production or other |
| 592 | aquaculture, bioenergy conversion processes, and algal or other |
| 593 | biological treatment technologies. |
| 594 | (e) Lake Okeechobee Exotic Species Control Program.--By |
| 595 | June 1, 2002, The coordinating agencies shall identify the |
| 596 | exotic species that threaten the native flora and fauna within |
| 597 | the Lake Okeechobee watershed and develop and implement measures |
| 598 | to protect the native flora and fauna. |
| 599 | (f) Lake Okeechobee Internal Phosphorus Management |
| 600 | Program.--By July 1, 2003, The district, in cooperation with the |
| 601 | other coordinating agencies and interested parties, shall |
| 602 | complete a Lake Okeechobee internal phosphorus load removal |
| 603 | feasibility study. The feasibility study shall be based on |
| 604 | technical feasibility, as well as economic considerations, and |
| 605 | address all reasonable methods of phosphorus removal. If methods |
| 606 | are found to be feasible, the district shall immediately pursue |
| 607 | the design, funding, and permitting for implementing such |
| 608 | methods. |
| 609 | (g) Lake Okeechobee Protection Plan implementation.--The |
| 610 | coordinating agencies shall be jointly responsible for |
| 611 | implementing the Lake Okeechobee Protection Plan, consistent |
| 612 | with the statutory authority and responsibility of each agency. |
| 613 | Annual funding priorities shall be jointly established and the |
| 614 | highest priority shall be assigned to programs and projects that |
| 615 | address phosphorus sources that have the highest relative |
| 616 | contribution to phosphorus loading and the greatest potential |
| 617 | for phosphorus reduction. In determining funding priorities, the |
| 618 | coordinating agencies shall also consider the need for |
| 619 | regulatory compliance, the extent to which the program or |
| 620 | project is ready to proceed, and the availability of federal |
| 621 | matching funds or other nonstate funding, including public- |
| 622 | private partnerships. Federal and other nonstate funding shall |
| 623 | be maximized to the greatest extent practicable. |
| 624 | (h)(g) Annual progress report.--Each January 1, beginning |
| 625 | in 2001, The district shall submit to the Governor, the |
| 626 | President of the Senate, and the Speaker of the House of |
| 627 | Representatives annual progress reports regarding implementation |
| 628 | of this section. The annual report shall include a summary of |
| 629 | water quality and habitat conditions in Lake Okeechobee and the |
| 630 | Lake Okeechobee watershed and the status of the Lake Okeechobee |
| 631 | Construction Project. The district shall prepare the report in |
| 632 | cooperation with the other coordinating agencies. |
| 633 | Section 2. This act shall take effect July 1, 2005. |