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