Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1576
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2014           .                                

    1         Senate Amendment to Amendment (130974) 
    3         Delete lines 315 - 440
    4  and insert:
    5         project cost unless a specific funding source or sources
    6  are identified which will provide more than 75 percent of the
    7  total project cost. The Northwest Florida Water Management
    8  District and the Suwannee River Water Management District are
    9  not required to provide matching funds pursuant to this
   10  paragraph.
   11         Section 9. Section 373.807, Florida Statutes, is created to
   12  read:
   13         373.807 Protection of water quality in Outstanding Florida
   14  Springs.—By July 1, 2015, the department shall assess each
   15  Outstanding Florida Spring for which an impairment determination
   16  has not been made under the numeric nutrient standards in effect
   17  for spring vents.
   18         (1) BASIN MANAGEMENT ACTION PLAN.—By July 1, 2017, the
   19  department shall develop basin management action plans, as
   20  specified in s. 403.067(7), for Outstanding Florida Springs
   21  impaired by nutrients.
   22         (2)(a)SPRING ACTION PLAN.—By July 1, 2014, the department
   23  shall begin preparation of a spring action plan for each
   24  Outstanding Florida Spring that has an adopted basin management
   25  action plan or an implemented recovery or prevention strategy,
   26  or as soon as a basin management action plan is adopted, a
   27  recovery or prevention strategy is implemented, or the
   28  department projects the Outstanding Florida Spring will be
   29  impaired by nutrients within 20 years. Each initial spring
   30  action plan shall be adopted within one year of when the
   31  department begins preparation of the spring action plan.
   32  Further, the spring action plan must be continually updated to
   33  reflect newly added and completed projects.
   34         (b) A spring action plan must include all of the following:
   35         1.All projects in the basin management action plan which
   36  are located fully or partially within a spring protection and
   37  management zone.
   38         2.All projects in the regional water supply plan which are
   39  located fully or partially within a spring protection and
   40  management zone.
   41         3.All projects included in a recovery or prevention
   42  strategy which are located fully or partially within a spring
   43  protection and management zone.
   44         4.All projects proposed to or by the department that will
   45  prevent or stop potential nutrient impairment.
   46         5.An estimate of each listed project’s reduction of
   47  nutrient loading.
   48         6.A map and legal descriptions depicting the spring
   49  protection and management zones established pursuant to s.
   50  373.803.
   51         7.Identification of each point source or category of
   52  nonpoint sources, including but not limited to, urban turf
   53  fertilizer, sports turf fertilizer, agricultural fertilizer,
   54  onsite sewage treatment and disposal systems, wastewater
   55  treatment facilities, animal wastes, and stormwater facilities.
   56  An estimated allocation of the pollutant load shall be provided
   57  for each point source or category of nonpoint sources.
   58         (3) REQUIREMENTS.—
   59         (a) Within 6 months of the delineation of a spring
   60  protection and management zone or zones of an Outstanding
   61  Florida Spring that is fully or partially within the
   62  jurisdiction of a local government, a local government must
   63  develop, enact, and implement an ordinance that meets or exceeds
   64  the requirements of the department’s Model Ordinance for
   65  Florida-Friendly Fertilizer Use on Urban Landscapes. Such
   66  ordinance must require that, within a spring protection and
   67  management zone of an Outstanding Florida Spring impaired by
   68  nutrients, the nitrogen content of any fertilizer applied to
   69  turf or landscape plants may not exceed the lowest, basic
   70  maintenance rate of the most recent recommendations by the
   71  Institute of Food and Agricultural Sciences. The department
   72  shall adopt rules to implement this paragraph which establish
   73  reasonable minimum standards and reflect advancements or
   74  improvements regarding nutrient load reductions.
   75         (b)By July 1, 2016, the owner or operator of each existing
   76  wastewater treatment facility in a spring protection and
   77  management zone shall file for approval by the department a plan
   78  for complying with this paragraph. Upon a showing to the
   79  department of inordinate expense or that a delay is in the best
   80  interest of the public, the department may grant a local
   81  government or wastewater treatment facility an extension of up
   82  to 2 years to implement the plan. The owner and operator shall
   83  submit a proposal for funding at least once every 2 years until
   84  the plan is fully implemented.
   85         (c)By July 1, 2016, the department, in consultation with
   86  the Department of Health and local governments, must identify
   87  onsite sewage treatment and disposal systems within a spring
   88  protection and management zone. Within sixty (60) days of the
   89  department’s completion of the identification of these systems,
   90  the department shall provide the location of these systems to
   91  the local governments in which these systems are located. Within
   92  1 year of identification of these systems, and in consultation
   93  with the department, the local governments in which they are
   94  located shall develop an onsite sewage treatment and disposal
   95  system remediation plan. For each onsite sewage treatment and
   96  disposal system or group of systems, the plan must include
   97  whether the systems require upgrading, connection to a central
   98  sewerage system, or no action. The plan must also include a
   99  priority ranking for each system or group of systems that
  100  require remediation. Each remediation plan must be submitted to
  101  the department for approval. In reviewing and approving the
  102  remediation plans, the department shall consider, at a minimum:
  103         1. The density of the onsite sewage treatment and disposal
  104  systems.
  105         2. The number of onsite sewage treatment and disposal
  106  systems.
  107         3. The proximity of the onsite sewage treatment and
  108  disposal system or systems to an Outstanding Florida Spring
  109         4. The estimated nutrient loading of the onsite sewage
  110  treatment and disposal system or systems.
  111         5. The cost of the proposed remedial action.
  112         (d)Remedial actions required under this paragraph are not
  113  required until adequate funding for the specific project is
  114  provided pursuant to s. 373.808. As used in this paragraph, the
  115  term “adequate funding” means that the department has agreed to
  116  provide 100 percent of the state’s portion of funding requested
  117  for the project under s. 373.808. The provisions of this
  118  paragraph are supplemental to any other specific requirements or
  119  authority provided by law.
  120         1.By July 1, 2021, the owner or operator of each existing
  121  wastewater treatment facility in a spring protection and
  122  management zone shall meet a standard of no more than 3 mg/L
  123  Total Nitrogen, expressed as N, on an annual permitted basis,
  124  unless granted a variance or exemption pursuant to s. 373.813.
  125         2.By July 1, 2019, each agricultural producer in a spring
  126  protection and management zone must implement best management
  127  practices or other measures necessary to achieve pollution
  128  reduction levels established by the department. The Department
  129  of Agriculture and Consumers Services, in consultation with the
  130  department, shall adopt rules to implement this subparagraph.
  131         3.Within 6 months after approval of the onsite sewage
  132  treatment and