| 1 | A bill to be entitled |
| 2 | An act relating to surface water protection programs; |
| 3 | amending s. 373.414, F.S.; providing applicability of |
| 4 | variance provisions for activities in surface waters and |
| 5 | wetlands in the Northwest Florida Water Management |
| 6 | District; amending s. 373.4142, F.S.; providing an |
| 7 | exemption for certain water quality standards in the |
| 8 | Northwest Florida Water Management District; amending s. |
| 9 | 373.459, F.S.; exempting the Suwannee River Water |
| 10 | Management District, the Northwest Florida Water |
| 11 | Management District, and specified local governments from |
| 12 | certain funding requirements for the implementation of |
| 13 | surface water improvement and management projects; |
| 14 | eliminating provisions subject to expiration for the |
| 15 | deposit, expenditure, release, and transfer of funds |
| 16 | relating to the Ecosystem Restoration and Management Trust |
| 17 | Fund and the Water Protection and Sustainability Trust |
| 18 | Fund; amending s. 373.4595, F.S.; authorizing the |
| 19 | Department of Environmental Protection and the South |
| 20 | Florida Water Management District to adopt basin-specific |
| 21 | criteria under the Lake Okeechobee Watershed Phosphorus |
| 22 | Control Program; eliminating certain requirements for the |
| 23 | authorization of discharges related to proposed changes in |
| 24 | land use; providing an effective date. |
| 25 |
|
| 26 | Be It Enacted by the Legislature of the State of Florida: |
| 27 |
|
| 28 | Section 1. Subsection (17) of section 373.414, Florida |
| 29 | Statutes, is amended to read: |
| 30 | 373.414 Additional criteria for activities in surface |
| 31 | waters and wetlands.-- |
| 32 | (17) The variance provisions of s. 403.201 are applicable |
| 33 | to the provisions of this section or any rule adopted pursuant |
| 34 | hereto. The governing boards and the department are authorized |
| 35 | to review and take final agency action on petitions requesting |
| 36 | such variances for those activities they regulate under this |
| 37 | part and s. 373.4145. |
| 38 | Section 2. Section 373.4142, Florida Statutes, is amended |
| 39 | to read: |
| 40 | 373.4142 Water quality within stormwater treatment |
| 41 | systems.--State surface water quality standards applicable to |
| 42 | waters of the state, as defined in s. 403.031(13), shall not |
| 43 | apply within a stormwater management system which is designed, |
| 44 | constructed, operated, and maintained for stormwater treatment |
| 45 | in accordance with a valid permit or noticed exemption issued |
| 46 | pursuant to chapter 62-25 17-25, Florida Administrative Code; a |
| 47 | valid permit or exemption under s. 373.4145 within the Northwest |
| 48 | Florida Water Management District; a valid permit issued on or |
| 49 | subsequent to April 1, 1986, within the Suwannee River Water |
| 50 | Management District or the St. Johns River Water Management |
| 51 | District pursuant to this part; a valid permit issued on or |
| 52 | subsequent to March 1, 1988, within the Southwest Florida Water |
| 53 | Management District pursuant to this part; or a valid permit |
| 54 | issued on or subsequent to January 6, 1982, within the South |
| 55 | Florida Water Management District pursuant to this part. Such |
| 56 | inapplicability of state water quality standards shall be |
| 57 | limited to that part of the stormwater management system located |
| 58 | upstream of a manmade water control structure permitted, or |
| 59 | approved under a noticed exemption, to retain or detain |
| 60 | stormwater runoff in order to provide treatment of the |
| 61 | stormwater. The additional use of such a stormwater management |
| 62 | system for flood attenuation or irrigation shall not divest the |
| 63 | system of the benefits of this exemption. This section shall not |
| 64 | affect the authority of the department and water management |
| 65 | districts to require reasonable assurance that the water quality |
| 66 | within such stormwater management systems will not adversely |
| 67 | impact public health, fish and wildlife, or adjacent waters. |
| 68 | Section 3. Subsection (6) of section 373.459, Florida |
| 69 | Statutes, is amended to read: |
| 70 | 373.459 Funds for surface water improvement and |
| 71 | management.-- |
| 72 | (6)(a) The match requirement of subsection (2) shall not |
| 73 | apply to the Suwannee River Water Management District, the |
| 74 | Northwest Florida Water Management District, or a financially |
| 75 | disadvantaged small local government as defined in s. |
| 76 | 403.885(5). |
| 77 | (b) Notwithstanding the requirements of subsection (3), |
| 78 | the Ecosystem Management and Restoration Trust Fund and the |
| 79 | Water Protection and Sustainability Trust Fund shall be used for |
| 80 | the deposit of funds appropriated by the Legislature for the |
| 81 | purposes of ss. 373.451-373.4595. The department shall |
| 82 | administer all funds appropriated to or received for surface |
| 83 | water improvement and management activities. Expenditure of the |
| 84 | moneys shall be limited to the costs of details planning and |
| 85 | plan and program implementation for priority surface water |
| 86 | bodies. Moneys from the funds shall not be expended for planning |
| 87 | for, or construction or expansion of, treatment facilities for |
| 88 | domestic or industrial waste disposal. |
| 89 | (c) Notwithstanding the requirements of subsection (4), |
| 90 | the department shall authorize the release of money from the |
| 91 | funds in accordance with the provisions of s. 373.501(2) and |
| 92 | procedures in s. 373.59(4) and (5). |
| 93 | (d) Notwithstanding the requirements of subsection (5), |
| 94 | moneys in the Ecosystem Restoration and Management Trust Fund |
| 95 | that are not needed to meet current obligations incurred under |
| 96 | this section shall be transferred to the State Board of |
| 97 | Administration, to the credit of the trust fund, to be invested |
| 98 | in the manner provided by law. Interest received on such |
| 99 | investments shall be credited to the trust fund. |
| 100 | (e) This subsection expires July 1, 2007. |
| 101 | Section 4. Paragraph (c) of subsection (3) of section |
| 102 | 373.4595, Florida Statutes, is amended to read: |
| 103 | 373.4595 Lake Okeechobee Protection Program.-- |
| 104 | (3) LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection |
| 105 | program for Lake Okeechobee that achieves phosphorus load |
| 106 | reductions for Lake Okeechobee shall be immediately implemented |
| 107 | as specified in this subsection. The program shall address the |
| 108 | reduction of phosphorus loading to the lake from both internal |
| 109 | and external sources. Phosphorus load reductions shall be |
| 110 | achieved through a phased program of implementation. Initial |
| 111 | implementation actions shall be technology-based, based upon a |
| 112 | consideration of both the availability of appropriate technology |
| 113 | and the cost of such technology, and shall include phosphorus |
| 114 | reduction measures at both the source and the regional level. |
| 115 | The initial phase of phosphorus load reductions shall be based |
| 116 | upon the district's Technical Publication 81-2 and the |
| 117 | district's WOD program, with subsequent phases of phosphorus |
| 118 | load reductions based upon the total maximum daily loads |
| 119 | established in accordance with s. 403.067. In the development |
| 120 | and administration of the Lake Okeechobee Protection Program, |
| 121 | the coordinating agencies shall maximize opportunities provided |
| 122 | by federal cost-sharing programs and opportunities for |
| 123 | partnerships with the private sector. |
| 124 | (c) Lake Okeechobee Watershed Phosphorus Control |
| 125 | Program.--The Lake Okeechobee Watershed Phosphorus Control |
| 126 | Program is designed to be a multifaceted approach to reducing |
| 127 | phosphorus loads by improving the management of phosphorus |
| 128 | sources within the Lake Okeechobee watershed through continued |
| 129 | implementation of existing regulations and best management |
| 130 | practices, development and implementation of improved best |
| 131 | management practices, improvement and restoration of the |
| 132 | hydrologic function of natural and managed systems, and |
| 133 | utilization of alternative technologies for nutrient reduction. |
| 134 | The coordinating agencies shall facilitate the application of |
| 135 | federal programs that offer opportunities for water quality |
| 136 | treatment, including preservation, restoration, or creation of |
| 137 | wetlands on agricultural lands. |
| 138 | 1. Agricultural nonpoint source best management practices, |
| 139 | developed in accordance with s. 403.067 and designed to achieve |
| 140 | the objectives of the Lake Okeechobee Protection Program, shall |
| 141 | be implemented on an expedited basis. The coordinating agencies |
| 142 | shall develop an interagency agreement pursuant to ss. 373.046 |
| 143 | and 373.406(5) that assures the development of best management |
| 144 | practices that complement existing regulatory programs and |
| 145 | specifies how those best management practices are implemented |
| 146 | and verified. The interagency agreement shall address measures |
| 147 | to be taken by the coordinating agencies during any best |
| 148 | management practice reevaluation performed pursuant to sub- |
| 149 | subparagraph d. The department shall use best professional |
| 150 | judgment in making the initial determination of best management |
| 151 | practice effectiveness. |
| 152 | a. As provided in s. 403.067(7)(c), the Department of |
| 153 | Agriculture and Consumer Services, in consultation with the |
| 154 | department, the district, and affected parties, shall initiate |
| 155 | rule development for interim measures, best management |
| 156 | practices, conservation plans, nutrient management plans, or |
| 157 | other measures necessary for Lake Okeechobee phosphorus load |
| 158 | reduction. The rule shall include thresholds for requiring |
| 159 | conservation and nutrient management plans and criteria for the |
| 160 | contents of such plans. Development of agricultural nonpoint |
| 161 | source best management practices shall initially focus on those |
| 162 | priority basins listed in subparagraph (b)1. The Department of |
| 163 | Agriculture and Consumer Services, in consultation with the |
| 164 | department, the district, and affected parties, shall conduct an |
| 165 | ongoing program for improvement of existing and development of |
| 166 | new interim measures or best management practices for the |
| 167 | purpose of adoption of such practices by rule. |
| 168 | b. Where agricultural nonpoint source best management |
| 169 | practices or interim measures have been adopted by rule of the |
| 170 | Department of Agriculture and Consumer Services, the owner or |
| 171 | operator of an agricultural nonpoint source addressed by such |
| 172 | rule shall either implement interim measures or best management |
| 173 | practices or demonstrate compliance with the district's WOD |
| 174 | program by conducting monitoring prescribed by the department or |
| 175 | the district. Owners or operators of agricultural nonpoint |
| 176 | sources who implement interim measures or best management |
| 177 | practices adopted by rule of the Department of Agriculture and |
| 178 | Consumer Services shall be subject to the provisions of s. |
| 179 | 403.067(7). The Department of Agriculture and Consumer Services, |
| 180 | in cooperation with the department and the district, shall |
| 181 | provide technical and financial assistance for implementation of |
| 182 | agricultural best management practices, subject to the |
| 183 | availability of funds. |
| 184 | c. The district or department shall conduct monitoring at |
| 185 | representative sites to verify the effectiveness of agricultural |
| 186 | nonpoint source best management practices. |
| 187 | d. Where water quality problems are detected for |
| 188 | agricultural nonpoint sources despite the appropriate |
| 189 | implementation of adopted best management practices, the |
| 190 | Department of Agriculture and Consumer Services, in consultation |
| 191 | with the other coordinating agencies and affected parties, shall |
| 192 | institute a reevaluation of the best management practices and |
| 193 | make appropriate changes to the rule adopting best management |
| 194 | practices. |
| 195 | 2. Nonagricultural nonpoint source best management |
| 196 | practices, developed in accordance with s. 403.067 and designed |
| 197 | to achieve the objectives of the Lake Okeechobee Protection |
| 198 | Program, shall be implemented on an expedited basis. The |
| 199 | department and the district shall develop an interagency |
| 200 | agreement pursuant to ss. 373.046 and 373.406(5) that assures |
| 201 | the development of best management practices that complement |
| 202 | existing regulatory programs and specifies how those best |
| 203 | management practices are implemented and verified. The |
| 204 | interagency agreement shall address measures to be taken by the |
| 205 | department and the district during any best management practice |
| 206 | reevaluation performed pursuant to sub-subparagraph d. |
| 207 | a. The department and the district are directed to work |
| 208 | with the University of Florida's Institute of Food and |
| 209 | Agricultural Sciences to develop appropriate nutrient |
| 210 | application rates for all nonagricultural soil amendments in the |
| 211 | watershed. As provided in s. 403.067(7)(c), the department, in |
| 212 | consultation with the district and affected parties, shall |
| 213 | develop interim measures, best management practices, or other |
| 214 | measures necessary for Lake Okeechobee phosphorus load |
| 215 | reduction. Development of nonagricultural nonpoint source best |
| 216 | management practices shall initially focus on those priority |
| 217 | basins listed in subparagraph (b)1. The department, the |
| 218 | district, and affected parties shall conduct an ongoing program |
| 219 | for improvement of existing and development of new interim |
| 220 | measures or best management practices. The district shall adopt |
| 221 | technology-based standards under the district's WOD program for |
| 222 | nonagricultural nonpoint sources of phosphorus. Nothing in this |
| 223 | sub-subparagraph shall affect the authority of the department or |
| 224 | the district to adopt basin-specific criteria under this part to |
| 225 | prevent harm to the water resources of the district. |
| 226 | b. Where nonagricultural nonpoint source best management |
| 227 | practices or interim measures have been developed by the |
| 228 | department and adopted by the district, the owner or operator of |
| 229 | a nonagricultural nonpoint source shall implement interim |
| 230 | measures or best management practices and be subject to the |
| 231 | provisions of s. 403.067(7). The department and district shall |
| 232 | provide technical and financial assistance for implementation of |
| 233 | nonagricultural nonpoint source best management practices, |
| 234 | subject to the availability of funds. |
| 235 | c. The district or the department shall conduct monitoring |
| 236 | at representative sites to verify the effectiveness of |
| 237 | nonagricultural nonpoint source best management practices. |
| 238 | d. Where water quality problems are detected for |
| 239 | nonagricultural nonpoint sources despite the appropriate |
| 240 | implementation of adopted best management practices, the |
| 241 | department and the district shall institute a reevaluation of |
| 242 | the best management practices. |
| 243 | 3. The provisions of subparagraphs 1. and 2. shall not |
| 244 | preclude the department or the district from requiring |
| 245 | compliance with water quality standards or with current best |
| 246 | management practices requirements set forth in any applicable |
| 247 | regulatory program authorized by law for the purpose of |
| 248 | protecting water quality. Additionally, subparagraphs 1. and 2. |
| 249 | are applicable only to the extent that they do not conflict with |
| 250 | any rules promulgated by the department that are necessary to |
| 251 | maintain a federally delegated or approved program. |
| 252 | 4. Projects which reduce the phosphorus load originating |
| 253 | from domestic wastewater systems within the Lake Okeechobee |
| 254 | watershed shall be given funding priority in the department's |
| 255 | revolving loan program under s. 403.1835. The department shall |
| 256 | coordinate and provide assistance to those local governments |
| 257 | seeking financial assistance for such priority projects. |
| 258 | 5. Projects that make use of private lands, or lands held |
| 259 | in trust for Indian tribes, to reduce nutrient loadings or |
| 260 | concentrations within a basin by one or more of the following |
| 261 | methods: restoring the natural hydrology of the basin, restoring |
| 262 | wildlife habitat or impacted wetlands, reducing peak flows after |
| 263 | storm events, increasing aquifer recharge, or protecting range |
| 264 | and timberland from conversion to development, are eligible for |
| 265 | grants available under this section from the coordinating |
| 266 | agencies. For projects of otherwise equal priority, special |
| 267 | funding priority will be given to those projects that make best |
| 268 | use of the methods outlined above that involve public-private |
| 269 | partnerships or that obtain federal match money. Preference |
| 270 | ranking above the special funding priority will be given to |
| 271 | projects located in a rural area of critical economic concern |
| 272 | designated by the Governor. Grant applications may be submitted |
| 273 | by any person or tribal entity, and eligible projects may |
| 274 | include, but are not limited to, the purchase of conservation |
| 275 | and flowage easements, hydrologic restoration of wetlands, |
| 276 | creating treatment wetlands, development of a management plan |
| 277 | for natural resources, and financial support to implement a |
| 278 | management plan. |
| 279 | 6.a. The department shall require all entities disposing |
| 280 | of domestic wastewater residuals within the Lake Okeechobee |
| 281 | watershed and the remaining areas of Okeechobee, Glades, and |
| 282 | Hendry Counties to develop and submit to the department an |
| 283 | agricultural use plan that limits applications based upon |
| 284 | phosphorus loading. By July 1, 2005, phosphorus concentrations |
| 285 | originating from these application sites shall not exceed the |
| 286 | limits established in the district's WOD program. |
| 287 | b. Private and government-owned utilities within Monroe, |
| 288 | Dade, Broward, Palm Beach, Martin, St. Lucie, Indian River, |
| 289 | Okeechobee, Highlands, Hendry, and Glades Counties that dispose |
| 290 | of wastewater residual sludge from utility operations and septic |
| 291 | removal by land spreading in the Lake Okeechobee watershed may |
| 292 | use a line item on local sewer rates to cover wastewater |
| 293 | residual treatment and disposal if such disposal and treatment |
| 294 | is done by approved alternative treatment methodology at a |
| 295 | facility located within the areas designated by the Governor as |
| 296 | rural areas of critical economic concern pursuant to s. |
| 297 | 288.0656. This additional line item is an environmental |
| 298 | protection disposal fee above the present sewer rate and shall |
| 299 | not be considered a part of the present sewer rate to customers, |
| 300 | notwithstanding provisions to the contrary in chapter 367. The |
| 301 | fee shall be established by the county commission or its |
| 302 | designated assignee in the county in which the alternative |
| 303 | method treatment facility is located. The fee shall be |
| 304 | calculated to be no higher than that necessary to recover the |
| 305 | facility's prudent cost of providing the service. Upon request |
| 306 | by an affected county commission, the Florida Public Service |
| 307 | Commission will provide assistance in establishing the fee. |
| 308 | Further, for utilities and utility authorities that use the |
| 309 | additional line item environmental protection disposal fee, such |
| 310 | fee shall not be considered a rate increase under the rules of |
| 311 | the Public Service Commission and shall be exempt from such |
| 312 | rules. Utilities using the provisions of this section may |
| 313 | immediately include in their sewer invoicing the new |
| 314 | environmental protection disposal fee. Proceeds from this |
| 315 | environmental protection disposal fee shall be used for |
| 316 | treatment and disposal of wastewater residuals, including any |
| 317 | treatment technology that helps reduce the volume of residuals |
| 318 | that require final disposal, but such proceeds shall not be used |
| 319 | for transportation or shipment costs for disposal or any costs |
| 320 | relating to the land application of residuals in the Lake |
| 321 | Okeechobee watershed. |
| 322 | c. No less frequently than once every 3 years, the Florida |
| 323 | Public Service Commission or the county commission through the |
| 324 | services of an independent auditor shall perform a financial |
| 325 | audit of all facilities receiving compensation from an |
| 326 | environmental protection disposal fee. The Florida Public |
| 327 | Service Commission or the county commission through the services |
| 328 | of an independent auditor shall also perform an audit of the |
| 329 | methodology used in establishing the environmental protection |
| 330 | disposal fee. The Florida Public Service Commission or the |
| 331 | county commission shall, within 120 days after completion of an |
| 332 | audit, file the audit report with the President of the Senate |
| 333 | and the Speaker of the House of Representatives and shall |
| 334 | provide copies to the county commissions of the counties set |
| 335 | forth in sub-subparagraph b. The books and records of any |
| 336 | facilities receiving compensation from an environmental |
| 337 | protection disposal fee shall be open to the Florida Public |
| 338 | Service Commission and the Auditor General for review upon |
| 339 | request. |
| 340 | 7. The Department of Health shall require all entities |
| 341 | disposing of septage within the Lake Okeechobee watershed and |
| 342 | the remaining areas of Okeechobee, Glades, and Hendry Counties |
| 343 | to develop and submit to that agency an agricultural use plan |
| 344 | that limits applications based upon phosphorus loading. By July |
| 345 | 1, 2005, phosphorus concentrations originating from these |
| 346 | application sites shall not exceed the limits established in the |
| 347 | district's WOD program. |
| 348 | 8. The Department of Agriculture and Consumer Services |
| 349 | shall initiate rulemaking requiring entities within the Lake |
| 350 | Okeechobee watershed and the remaining areas of Okeechobee, |
| 351 | Glades, and Hendry Counties which land-apply animal manure to |
| 352 | develop conservation or nutrient management plans that limit |
| 353 | application, based upon phosphorus loading. Such rules may |
| 354 | include criteria and thresholds for the requirement to develop a |
| 355 | conservation or nutrient management plan, requirements for plan |
| 356 | approval, and recordkeeping requirements. |
| 357 | 9. Prior to authorizing a discharge into works of the |
| 358 | district, the district shall require responsible parties to |
| 359 | demonstrate that proposed changes in land use will not result in |
| 360 | increased phosphorus loading over that of existing land uses. |
| 361 | 9.10. The district, the department, or the Department of |
| 362 | Agriculture and Consumer Services, as appropriate, shall |
| 363 | implement those alternative nutrient reduction technologies |
| 364 | determined to be feasible pursuant to subparagraph (d)6. |
| 365 | Section 5. This act shall take effect July 1, 2007. |