Florida Senate - 2016                                     SB 552
       
       
        
       By Senator Dean
       
       
       
       
       
       5-00606-16                                             2016552__
    1                        A bill to be entitled                      
    2         An act relating to environmental resources; amending
    3         s. 259.032, F.S.; requiring the Department of
    4         Environmental Protection to publish, update, and
    5         maintain a database of conservation lands; requiring
    6         the department to submit a report by a certain date
    7         each year to the Governor and the Legislature
    8         identifying the percentage of such lands which the
    9         public has access to and the efforts the department
   10         has undertaken to increase public access; amending s.
   11         373.019, F.S.; revising the definition of the term
   12         “water resource development” to include technical
   13         assistance to self-suppliers under certain
   14         circumstances; amending s. 373.036, F.S.; requiring
   15         certain information to be included in the consolidated
   16         annual report for certain projects related to water
   17         quality or water quantity; creating s. 373.037, F.S.;
   18         defining terms; providing legislative findings;
   19         authorizing certain water management districts to
   20         designate and implement pilot projects; providing
   21         powers and limitations for the governing boards of
   22         such water management districts; requiring a
   23         participating water management district to submit a
   24         report to the Governor and the Legislature on the
   25         effectiveness of its pilot project by a certain date;
   26         amending s. 373.042, F.S.; requiring the department or
   27         the governing board of a water management district to
   28         adopt a minimum flow or minimum water level for an
   29         Outstanding Florida Spring using emergency rulemaking
   30         authority under certain circumstances; requiring
   31         collaboration in the development and implementation of
   32         recovery or prevention strategies under certain
   33         circumstances; revising the rulemaking authority of
   34         the department; amending s. 373.0421, F.S.; directing
   35         the department or the water management district
   36         governing boards to adopt and implement certain
   37         recovery or prevention strategies concurrent with the
   38         adoption of minimum flows and minimum water levels;
   39         providing criteria for such recovery or prevention
   40         strategies; requiring certain amendments to regional
   41         water supply plans to be concurrent with relevant
   42         portions of the recovery or prevention strategy;
   43         directing water management districts to notify the
   44         department when water use permit applications are
   45         denied for a specified reason; providing for the
   46         review and update of regional water supply plans in
   47         such cases; creating s. 373.0465, F.S.; providing
   48         legislative intent; defining the term “Central Florida
   49         Water Initiative Area”; requiring the department, the
   50         St. Johns River Water Management District, the South
   51         Florida Water Management District, the Southwest
   52         Florida Water Management District, and the Department
   53         of Agriculture and Consumer Services to develop and
   54         implement a multidistrict regional water supply plan;
   55         providing plan criteria and requirements; providing
   56         applicability; requiring the department to adopt
   57         rules; amending s. 373.1501, F.S.; specifying
   58         authority of the South Florida Water Management
   59         District to allocate quantities of, and assign
   60         priorities for the use of, water within its
   61         jurisdiction; directing the district to provide
   62         recommendations to the United States Army Corps of
   63         Engineers when developing or implementing certain
   64         water control plans or regulation schedules; amending
   65         s. 373.219, F.S.; requiring the department to adopt
   66         certain uniform rules; amending s. 373.223, F.S.;
   67         requiring consumptive use permits authorizing over a
   68         certain amount to be monitored on a specified basis;
   69         amending s. 373.2234, F.S.; directing water management
   70         district governing boards to consider the
   71         identification of preferred water supply sources for
   72         certain water users; amending s. 373.227, F.S.;
   73         prohibiting water management districts from modifying
   74         permitted allocation amounts under certain
   75         circumstances; requiring the water management
   76         districts to adopt rules to promote water conservation
   77         incentives; amending s. 373.233, F.S.; providing
   78         conditions under which the department and water
   79         management district governing boards are directed to
   80         give preference to certain applications; amending s.
   81         373.4591, F.S.; providing priority consideration to
   82         certain public-private partnerships for water storage,
   83         groundwater recharge, and water quality improvements
   84         on private agricultural lands; amending s. 373.4595,
   85         F.S.; revising and providing definitions relating to
   86         the Northern Everglades and Estuaries Protection
   87         Program; clarifying provisions of the Lake Okeechobee
   88         Watershed Protection Program; directing the South
   89         Florida Water Management District to revise certain
   90         rules and provide for a watershed research and water
   91         quality monitoring program; revising provisions for
   92         the Caloosahatchee River Watershed Protection Program
   93         and the St. Lucie River Watershed Protection Program;
   94         revising permitting and annual reporting requirements
   95         relating to the Northern Everglades and Estuaries
   96         Protection Program; revising requirements for certain
   97         basin management action plans; amending s.
   98         373.467, F.S.; revising the qualifications for
   99         membership on the Harris Chain of Lakes Restoration
  100         Council; authorizing the Lake County legislative
  101         delegation to waive such membership qualifications for
  102         good cause; providing for council vacancies; amending
  103         s. 373.536, F.S.; requiring a water management
  104         district to include an annual funding plan in the 5
  105         year water resource development work program;
  106         directing the department to post the proposed work
  107         program on its website; amending s. 373.703, F.S.;
  108         authorizing water management districts to join with
  109         private landowners for the purpose of carrying out
  110         their powers; amending s. 373.705, F.S.; revising
  111         legislative intent; requiring water management
  112         district governing boards to include certain
  113         information in their annual budget submittals;
  114         requiring water management districts to promote
  115         expanded cost-share criteria for additional
  116         conservation practices and software technologies;
  117         amending s. 373.707, F.S.; authorizing water
  118         management districts to provide technical and
  119         financial assistance to certain self-suppliers and to
  120         waive certain construction costs of alternative water
  121         supply development projects sponsored by certain water
  122         users; amending s. 373.709, F.S.; requiring regional
  123         water supply plans to include traditional and
  124         alternative water supply project options that are
  125         technically and financially feasible; directing the
  126         department to include certain funding analyses and
  127         project explanations in regional water supply planning
  128         reports; creating part VIII of ch. 373, F.S., entitled
  129         the “Florida Springs and Aquifer Protection Act”;
  130         creating s. 373.801, F.S.; providing legislative
  131         findings and intent; creating s. 373.802, F.S.;
  132         defining terms; creating s. 373.803, F.S.; requiring
  133         the department to delineate a priority focus area for
  134         each Outstanding Florida Spring by a certain date;
  135         creating s. 373.805, F.S.; requiring a water
  136         management district or the department to adopt or
  137         revise various recovery or prevention strategies under
  138         certain circumstances; providing minimum requirements
  139         for recovery or prevention strategies for Outstanding
  140         Florida Springs; authorizing local governments to
  141         apply for an extension for projects in an adopted
  142         recovery or prevention strategy; creating s. 373.807,
  143         F.S.; requiring the department to initiate assessments
  144         of Outstanding Florida Springs by a certain date;
  145         requiring the department to develop basin management
  146         action plans; authorizing local governments to apply
  147         for an extension for projects in an adopted basin
  148         management action plan; requiring certain local
  149         governments to develop, enact, and implement an urban
  150         fertilizer ordinance by a certain date; requiring the
  151         Department of Environmental Protection, the Department
  152         of Health, and relevant local governments and
  153         utilities to develop onsite sewage treatment and
  154         disposal system remediation plans under certain
  155         circumstances; requiring the Department of
  156         Environmental Protection to be the lead agency;
  157         creating s. 373.811, F.S.; specifying prohibited
  158         activities within a priority focus area of an
  159         Outstanding Florida Spring; creating s. 373.813, F.S.;
  160         providing rulemaking authority; amending s. 403.061,
  161         F.S.; directing the department to adopt by rule a
  162         specific surface water classification to protect
  163         surface waters used for treated potable water supply;
  164         providing criteria for such rule; authorizing the
  165         reclassification of surface waters used for treated
  166         potable water supply notwithstanding such rule;
  167         creating s. 403.0617, F.S.; authorizing the department
  168         to fund nutrient and sediment reduction and
  169         conservation pilot projects under certain
  170         circumstances; requiring the department to initiate
  171         rulemaking by a certain date; amending s. 403.0623,
  172         F.S.; requiring the department to establish certain
  173         standards; requiring state agencies and water
  174         management districts to show that they followed the
  175         department’s standards in order to receive certain
  176         funding; amending s. 403.067, F.S.; providing
  177         requirements for new or revised basin management
  178         action plans; requiring the department to adopt rules
  179         relating to the enforcement and verification of best
  180         management action plans and management strategies;
  181         creating s. 403.0675, F.S.; requiring the department
  182         and the Department of Agriculture and Consumer
  183         Services to post annual progress reports on their
  184         websites and to submit such reports to the Governor
  185         and the Legislature; requiring each water management
  186         district to post the Department of Environmental
  187         Protection’s report on its website; amending s.
  188         403.861, F.S.; directing the department to add treated
  189         potable water supply as a designated use of a surface
  190         water segment under certain circumstances; creating s.
  191         403.928, F.S.; requiring the Office of Economic and
  192         Demographic Research to conduct an annual assessment
  193         of Florida’s water resources and conservation lands;
  194         requiring the assessment to be submitted to the
  195         Legislature by a certain date; requiring the
  196         department to evaluate the feasibility and costs of
  197         creating and maintaining a web-based interactive map;
  198         requiring the department to submit a report of its
  199         findings by a certain date; providing a declaration of
  200         important state interest; providing an effective date.
  201          
  202  Be It Enacted by the Legislature of the State of Florida:
  203  
  204         Section 1. Paragraph (f) is added to subsection (9) of
  205  section 259.032, Florida Statutes, to read:
  206         259.032 Conservation and recreation lands.—
  207         (9)
  208         (f) To ensure that the public has knowledge of and access
  209  to conservation lands, as defined in s. 253.034(2)(c), the
  210  department shall publish, update, and maintain a database of
  211  such lands where public access is compatible with conservation
  212  and recreation purposes.
  213         1. By July 1, 2017, the database must be available to the
  214  public online and must include, at a minimum, the location,
  215  types of allowable recreational opportunities, points of public
  216  access, facilities or other amenities, restrictions, and any
  217  other information the department deems appropriate to increase
  218  public awareness of recreational opportunities on conservation
  219  lands. Such data must be electronically accessible, searchable,
  220  and downloadable in a generally acceptable format.
  221         2. The department, through its own efforts or through
  222  partnership with a third-party entity, shall create an
  223  application downloadable on mobile devices to be used to locate
  224  state lands available for public access using the user’s
  225  locational information or based upon an activity of interest.
  226         3.The database and application must include information
  227  for all state conservation lands to which the public has a right
  228  of access for recreational purposes. Beginning January 1, 2018,
  229  to the greatest extent practicable, the database shall include
  230  similar information for lands owned by federal and local
  231  governmental entities that allow access for recreational
  232  purposes.
  233         4. By January 1 of each year, the department shall provide
  234  a report to the Governor, the President of the Senate, and the
  235  Speaker of the House of Representatives describing the
  236  percentage of public lands acquired under this chapter to which
  237  the public has access and the efforts undertaken by the
  238  department to increase public access to such lands.
  239         Section 2. Subsection (24) of section 373.019, Florida
  240  Statutes, is amended to read:
  241         373.019 Definitions.—When appearing in this chapter or in
  242  any rule, regulation, or order adopted pursuant thereto, the
  243  term:
  244         (24) “Water resource development” means the formulation and
  245  implementation of regional water resource management strategies,
  246  including the collection and evaluation of surface water and
  247  groundwater data; structural and nonstructural programs to
  248  protect and manage water resources; the development of regional
  249  water resource implementation programs; the construction,
  250  operation, and maintenance of major public works facilities to
  251  provide for flood control, surface and underground water
  252  storage, and groundwater recharge augmentation; and related
  253  technical assistance to local governments, and to government
  254  owned and privately owned water utilities, and self-suppliers to
  255  the extent assistance to self-suppliers promotes the policies as
  256  set forth in s. 373.016.
  257         Section 3. Paragraph (b) of subsection (7) of section
  258  373.036, Florida Statutes, is amended to read:
  259         373.036 Florida water plan; district water management
  260  plans.—
  261         (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.—
  262         (b) The consolidated annual report shall contain the
  263  following elements, as appropriate to that water management
  264  district:
  265         1. A district water management plan annual report or the
  266  annual work plan report allowed in subparagraph (2)(e)4.
  267         2. The department-approved minimum flows and minimum water
  268  levels annual priority list and schedule required by s.
  269  373.042(3) s. 373.042(2).
  270         3. The annual 5-year capital improvements plan required by
  271  s. 373.536(6)(a)3.
  272         4. The alternative water supplies annual report required by
  273  s. 373.707(8)(n).
  274         5. The final annual 5-year water resource development work
  275  program required by s. 373.536(6)(a)4.
  276         6. The Florida Forever Water Management District Work Plan
  277  annual report required by s. 373.199(7).
  278         7. The mitigation donation annual report required by s.
  279  373.414(1)(b)2.
  280         8.Information on all projects related to water quality or
  281  water quantity as part of a 5-year work program, including:
  282         a. A list of all specific projects identified to implement
  283  a basin management action plan or a recovery or prevention
  284  strategy;
  285         b. A priority ranking for each listed project for which
  286  state funding through the water resources development work
  287  program is requested, which must be made available to the public
  288  for comment at least 30 days before submission of the
  289  consolidated annual report;
  290         c. The estimated cost for each listed project;
  291         d.The estimated completion date for each listed project;
  292         e. The source and amount of financial assistance to be made
  293  available by the department, a water management district, or
  294  other entity for each listed project; and
  295         f.A quantitative estimate of each listed project’s benefit
  296  to the watershed, water body, or water segment in which it is
  297  located.
  298         9. A grade for each watershed, water body, or water segment
  299  in which a project listed under subparagraph 8. is located
  300  representing the level of impairment and violations of adopted
  301  minimum flow or minimum water levels. The grading system must
  302  reflect the severity of the impairment of the watershed,
  303  waterbody, or water segment.
  304         Section 4. Section 373.037, Florida Statutes, is created to
  305  read:
  306         373.037 Pilot program for alternative water supply
  307  development in restricted allocation areas.—
  308         (1) As used in this section, the term:
  309         (a) “Central Florida Water Initiative Area” means all of
  310  Orange, Osceola, Polk, and Seminole Counties, and southern Lake
  311  County, as designated by the Central Florida Water Initiative
  312  Guiding Document of January 30, 2015.
  313         (b) “Lower East Coast Regional Water Supply Planning Area”
  314  means the areas withdrawing surface and groundwater from Water
  315  Conservation Areas 1, 2A, 2B, 3A, and 3B, Grassy Waters
  316  Preserve/Water Catchment Area, Pal Mar, J.W. Corbett Wildlife
  317  Management Area, Loxahatchee Slough, Loxahatchee River,
  318  Riverbend Park, Dupuis Reserve, Jonathan Dickinson State Park,
  319  Kitching Creek, Moonshine Creek, Cypress Creek, Hobe Grove
  320  Ditch, the Holey Land and Rotenberger Wildlife Management Areas,
  321  and the freshwater portions of the Everglades National Park, as
  322  designated by the South Florida Water Management District.
  323         (c) “Restricted allocation area” means an area within a
  324  water supply planning region of the Southwest Florida Water
  325  Management District, the South Florida Water Management
  326  District, or the St. Johns River Water Management District where
  327  the governing board of the water management district has
  328  determined that existing sources of water are not adequate to
  329  supply water for all existing and future reasonable-beneficial
  330  uses and to sustain the water resources and related natural
  331  systems for the planning period pursuant to ss. 373.036 and
  332  373.709 and where the governing board of the water management
  333  district has applied allocation restrictions with regard to the
  334  use of specific sources of water. For the purposes of this
  335  section, the term includes the Central Florida Water Initiative
  336  Area, the Lower East Coast Regional Water Supply Planning Area,
  337  the Southern Water Use Caution Area, and the Upper East Coast
  338  Regional Water Supply Planning Area.
  339         (d) “Southern Water Use Caution Area” means all of Desoto,
  340  Hardee, Manatee, and Sarasota Counties and parts of Charlotte,
  341  Highlands, Hillsborough, and Polk Counties, as designated by the
  342  Southwest Florida Water Management District.
  343         (e) “Upper East Coast Regional Water Supply Planning Area”
  344  means the areas withdrawing surface and groundwater from the
  345  Central and Southern Florida canals or the Floridan Aquifer, as
  346  designated by the South Florida Water Management District.
  347         (2) The Legislature finds that:
  348         (a) Local governments, regional water supply authorities,
  349  and government-owned and privately owned water utilities face
  350  significant challenges in securing funds for implementing large
  351  scale alternative water supply projects in certain restricted
  352  allocation areas due to a variety of factors, such as the
  353  magnitude of the water resource challenges, the large number of
  354  water users, the difficulty of developing multijurisdictional
  355  solutions across district, county, or municipal boundaries, and
  356  the expense of developing large-scale alternative water supply
  357  projects identified in the regional water supply plans pursuant
  358  to s. 373.709.
  359         (b) These factors make it necessary to provide other
  360  options for the Southwest Florida Water Management District, the
  361  South Florida Water Management District, and the St. Johns River
  362  Water Management District to be able to take the lead in
  363  developing and implementing one alternative water supply project
  364  within a restricted allocation area as a pilot alternative water
  365  supply development project.
  366         (c) Each pilot project must provide water supply and
  367  environmental benefits. Consideration should be given to
  368  projects that provide reductions in damaging discharges to tide
  369  or that are part of a recovery or prevention strategy for
  370  minimum flows and minimum water levels.
  371         (3) The water management districts specified in paragraph
  372  (2)(b) may, at their sole discretion, designate and implement an
  373  existing alternative water supply project that is identified in
  374  each district’s regional water supply plan as its one pilot
  375  project or amend their respective regional water supply plans to
  376  add a new alternative water supply project as their district
  377  pilot project. A pilot project designation made pursuant to this
  378  section should be made no later than July 1, 2017, and is not
  379  subject to the rulemaking requirements of chapter 120 or subject
  380  to legal challenge pursuant to ss. 120.569 and 120.57. A water
  381  management district may designate an alternative water supply
  382  project located within another water management district if the
  383  project is located in a restricted allocation area designated by
  384  the other water management district and a substantial quantity
  385  of water provided by the alternative water supply project will
  386  be used within the designating water management district’s
  387  boundaries.
  388         (4) In addition to the other powers granted and duties
  389  imposed under this chapter, if a district specified in paragraph
  390  (2)(b) elects to implement a pilot project pursuant to this
  391  section, its governing board has the following powers and is
  392  subject to the following restrictions in implementing the pilot
  393  project:
  394         (a) The governing board may not develop and implement a
  395  pilot project on privately owned land without the voluntary
  396  consent of the landowner, which consent may be evidenced by
  397  deed, easement, license, contract, or other written legal
  398  instrument executed by the landowner after July 1, 2016.
  399         (b) The governing board may not engage in local water
  400  supply distribution or sell water to the pilot project
  401  participants.
  402         (c) The governing board may join with one or more other
  403  water management districts and counties, municipalities, special
  404  districts, publicly owned or privately owned water utilities,
  405  multijurisdictional water supply entities, regional water supply
  406  authorities, self-suppliers, or other entities for the purpose
  407  of carrying out its powers, and may contract with any such other
  408  entities to finance or otherwise implement acquisitions,
  409  construction, and operation and maintenance, if such contracts
  410  are consistent with the public interest and based upon
  411  independent cost estimates, including comparisons with other
  412  alternative water supply projects. The contracts may provide for
  413  contributions to be made by each party to the contract for the
  414  division and apportionment of resulting costs, including
  415  operations and maintenance, benefits, services, and products.
  416  The contracts may contain other covenants and agreements
  417  necessary and appropriate to accomplish their purposes.
  418         (5) A water management district may provide up to 50
  419  percent of funding assistance for a pilot project.
  420         (6) If a water management district specified in paragraph
  421  (2)(b) elects to implement a pilot project, it shall submit a
  422  report to the Governor, the President of the Senate, and the
  423  Speaker of the House of Representatives by July 1, 2020, on the
  424  effectiveness of its pilot project. The report must include all
  425  of the following information:
  426         (a) A description of the alternative water supply project
  427  selected as a pilot project, including the quantity of water the
  428  project has produced or is expected to produce and the
  429  consumptive users who are expected to use the water produced by
  430  the pilot project to meet their existing and future reasonable
  431  beneficial uses.
  432         (b) Progress made in developing and implementing the pilot
  433  project in comparison to the development and implementation of
  434  other alternative water supply projects in the restricted
  435  allocation area.
  436         (c) The capital and operating costs to be expended by the
  437  water management district in implementing the pilot project in
  438  comparison to other alternative water supply projects being
  439  developed and implemented in the restricted allocation area.
  440         (d) The source of funds to be used by the water management
  441  district in developing and implementing the pilot project.
  442         (e) The benefits to the district’s water resources and
  443  natural systems from implementation of the pilot project.
  444         (f) A recommendation as to whether the traditional role of
  445  water management districts regarding the development and
  446  implementation of alternative water supply projects, as
  447  specified in ss. 373.705 and 373.707, should be revised and, if
  448  so, identification of the statutory changes necessary to expand
  449  the scope of the pilot program.
  450         Section 5. Section 373.042, Florida Statutes, is amended to
  451  read:
  452         373.042 Minimum flows and minimum water levels.—
  453         (1) Within each section, or within the water management
  454  district as a whole, the department or the governing board shall
  455  establish the following:
  456         (a) Minimum flow for all surface watercourses in the area.
  457  The minimum flow for a given watercourse is shall be the limit
  458  at which further withdrawals would be significantly harmful to
  459  the water resources or ecology of the area.
  460         (b) Minimum water level. The minimum water level is shall
  461  be the level of groundwater in an aquifer and the level of
  462  surface water at which further withdrawals would be
  463  significantly harmful to the water resources or ecology of the
  464  area.
  465  
  466  The minimum flow and minimum water level shall be calculated by
  467  the department and the governing board using the best
  468  information available. When appropriate, minimum flows and
  469  minimum water levels may be calculated to reflect seasonal
  470  variations. The department and the governing board shall also
  471  consider, and at their discretion may provide for, the
  472  protection of nonconsumptive uses in the establishment of
  473  minimum flows and minimum water levels.
  474         (2)(a) If a minimum flow or minimum water level has not
  475  been adopted for an Outstanding Florida Spring, a water
  476  management district or the department shall use the emergency
  477  rulemaking authority provided in paragraph (c) to adopt a
  478  minimum flow or minimum water level no later than July 1, 2017,
  479  except for the Northwest Florida Water Management District,
  480  which shall use such authority to adopt minimum flows and
  481  minimum water levels for Outstanding Florida Springs no later
  482  than July 1, 2026.
  483         (b) For Outstanding Florida Springs identified on a water
  484  management district’s priority list developed pursuant to
  485  subsection (3) which have the potential to be affected by
  486  withdrawals in an adjacent district, the adjacent district or
  487  districts and the department shall collaboratively develop and
  488  implement a recovery or prevention strategy for an Outstanding
  489  Florida Spring not meeting an adopted minimum flow or minimum
  490  water level.
  491         (c) The Legislature finds as provided in s. 373.801(3)(b)
  492  that the adoption of minimum flows and minimum water levels or
  493  recovery or prevention strategies for Outstanding Florida
  494  Springs requires immediate action. The department and the
  495  districts are authorized, and all conditions are deemed to be
  496  met, to use emergency rulemaking provisions pursuant to s.
  497  120.54(4) to adopt minimum flows and minimum water levels
  498  pursuant to this subsection and to adopt recovery or prevention
  499  strategies concurrently with a minimum flow or minimum water
  500  level pursuant to s. 373.805(2). The emergency rules shall
  501  remain in effect during the pendency of procedures to adopt
  502  rules addressing the subject of the emergency rules.
  503         (d) As used in this subsection, the term “Outstanding
  504  Florida Spring” has the same meaning as in s. 373.802.
  505         (3)(2) By November 15, 1997, and annually thereafter, each
  506  water management district shall submit to the department for
  507  review and approval a priority list and schedule for the
  508  establishment of minimum flows and minimum water levels for
  509  surface watercourses, aquifers, and surface waters within the
  510  district. The priority list and schedule shall identify those
  511  listed water bodies for which the district will voluntarily
  512  undertake independent scientific peer review; any reservations
  513  proposed by the district to be established pursuant to s.
  514  373.223(4); and those listed water bodies that have the
  515  potential to be affected by withdrawals in an adjacent district
  516  for which the department’s adoption of a reservation pursuant to
  517  s. 373.223(4) or a minimum flow or minimum water level pursuant
  518  to subsection (1) may be appropriate. By March 1, 2006, and
  519  annually thereafter, each water management district shall
  520  include its approved priority list and schedule in the
  521  consolidated annual report required by s. 373.036(7). The
  522  priority list shall be based upon the importance of the waters
  523  to the state or region and the existence of or potential for
  524  significant harm to the water resources or ecology of the state
  525  or region, and shall include those waters which are experiencing
  526  or may reasonably be expected to experience adverse impacts.
  527  Each water management district’s priority list and schedule
  528  shall include all first magnitude springs, and all second
  529  magnitude springs within state or federally owned lands
  530  purchased for conservation purposes. The specific schedule for
  531  establishment of spring minimum flows and minimum water levels
  532  shall be commensurate with the existing or potential threat to
  533  spring flow from consumptive uses. Springs within the Suwannee
  534  River Water Management District, or second magnitude springs in
  535  other areas of the state, need not be included on the priority
  536  list if the water management district submits a report to the
  537  Department of Environmental Protection demonstrating that
  538  adverse impacts are not now occurring nor are reasonably
  539  expected to occur from consumptive uses during the next 20
  540  years. The priority list and schedule is not subject to any
  541  proceeding pursuant to chapter 120. Except as provided in
  542  subsection (4) (3), the development of a priority list and
  543  compliance with the schedule for the establishment of minimum
  544  flows and minimum water levels pursuant to this subsection
  545  satisfies the requirements of subsection (1).
  546         (4)(3) Minimum flows or minimum water levels for priority
  547  waters in the counties of Hillsborough, Pasco, and Pinellas
  548  shall be established by October 1, 1997. Where a minimum flow or
  549  minimum water level for the priority waters within those
  550  counties has not been established by the applicable deadline,
  551  the secretary of the department shall, if requested by the
  552  governing body of any local government within whose jurisdiction
  553  the affected waters are located, establish the minimum flow or
  554  minimum water level in accordance with the procedures
  555  established by this section. The department’s reasonable costs
  556  in establishing a minimum flow or minimum water level shall,
  557  upon request of the secretary, be reimbursed by the district.
  558         (5)(4) A water management district shall provide the
  559  department with technical information and staff support for the
  560  development of a reservation, minimum flow or minimum water
  561  level, or recovery or prevention strategy to be adopted by the
  562  department by rule. A water management district shall apply any
  563  reservation, minimum flow or minimum water level, or recovery or
  564  prevention strategy adopted by the department by rule without
  565  the district’s adoption by rule of such reservation, minimum
  566  flow or minimum water level, or recovery or prevention strategy.
  567         (6)(5)(a) Upon written request to the department or
  568  governing board by a substantially affected person, or by
  569  decision of the department or governing board, before prior to
  570  the establishment of a minimum flow or minimum water level and
  571  before prior to the filing of any petition for administrative
  572  hearing related to the minimum flow or minimum water level, all
  573  scientific or technical data, methodologies, and models,
  574  including all scientific and technical assumptions employed in
  575  each model, used to establish a minimum flow or minimum water
  576  level shall be subject to independent scientific peer review.
  577  Independent scientific peer review means review by a panel of
  578  independent, recognized experts in the fields of hydrology,
  579  hydrogeology, limnology, biology, and other scientific
  580  disciplines, to the extent relevant to the establishment of the
  581  minimum flow or minimum water level.
  582         (b) If independent scientific peer review is requested, it
  583  shall be initiated at an appropriate point agreed upon by the
  584  department or governing board and the person or persons
  585  requesting the peer review. If no agreement is reached, the
  586  department or governing board shall determine the appropriate
  587  point at which to initiate peer review. The members of the peer
  588  review panel shall be selected within 60 days of the point of
  589  initiation by agreement of the department or governing board and
  590  the person or persons requesting the peer review. If the panel
  591  is not selected within the 60-day period, the time limitation
  592  may be waived upon the agreement of all parties. If no waiver
  593  occurs, the department or governing board may proceed to select
  594  the peer review panel. The cost of the peer review shall be
  595  borne equally by the district and each party requesting the peer
  596  review, to the extent economically feasible. The panel shall
  597  submit a final report to the governing board within 120 days
  598  after its selection unless the deadline is waived by agreement
  599  of all parties. Initiation of peer review pursuant to this
  600  paragraph shall toll any applicable deadline under chapter 120
  601  or other law or district rule regarding permitting, rulemaking,
  602  or administrative hearings, until 60 days following submittal of
  603  the final report. Any such deadlines shall also be tolled for 60
  604  days following withdrawal of the request or following agreement
  605  of the parties that peer review will no longer be pursued. The
  606  department or the governing board shall give significant weight
  607  to the final report of the peer review panel when establishing
  608  the minimum flow or minimum water level.
  609         (c) If the final data, methodologies, and models, including
  610  all scientific and technical assumptions employed in each model
  611  upon which a minimum flow or level is based, have undergone peer
  612  review pursuant to this subsection, by request or by decision of
  613  the department or governing board, no further peer review shall
  614  be required with respect to that minimum flow or minimum water
  615  level.
  616         (d) No minimum flow or minimum water level adopted by rule
  617  or formally noticed for adoption on or before May 2, 1997, shall
  618  be subject to the peer review provided for in this subsection.
  619         (7)(6) If a petition for administrative hearing is filed
  620  under chapter 120 challenging the establishment of a minimum
  621  flow or minimum water level, the report of an independent
  622  scientific peer review conducted under subsection (5) (4) is
  623  admissible as evidence in the final hearing, and the
  624  administrative law judge must render the order within 120 days
  625  after the filing of the petition. The time limit for rendering
  626  the order shall not be extended except by agreement of all the
  627  parties. To the extent that the parties agree to the findings of
  628  the peer review, they may stipulate that those findings be
  629  incorporated as findings of fact in the final order.
  630         (8) The rules adopted pursuant to this section are not
  631  subject to s. 120.541(3).
  632         Section 6. Section 373.0421, Florida Statutes, is amended
  633  to read:
  634         373.0421 Establishment and implementation of minimum flows
  635  and minimum water levels.—
  636         (1) ESTABLISHMENT.—
  637         (a) Considerations.—When establishing minimum flows and
  638  minimum water levels pursuant to s. 373.042, the department or
  639  governing board shall consider changes and structural
  640  alterations to watersheds, surface waters, and aquifers and the
  641  effects such changes or alterations have had, and the
  642  constraints such changes or alterations have placed, on the
  643  hydrology of an affected watershed, surface water, or aquifer,
  644  provided that nothing in this paragraph shall allow significant
  645  harm as provided by s. 373.042(1) caused by withdrawals.
  646         (b) Exclusions.—
  647         1. The Legislature recognizes that certain water bodies no
  648  longer serve their historical hydrologic functions. The
  649  Legislature also recognizes that recovery of these water bodies
  650  to historical hydrologic conditions may not be economically or
  651  technically feasible, and that such recovery effort could cause
  652  adverse environmental or hydrologic impacts. Accordingly, the
  653  department or governing board may determine that setting a
  654  minimum flow or minimum water level for such a water body based
  655  on its historical condition is not appropriate.
  656         2. The department or the governing board is not required to
  657  establish minimum flows or minimum water levels pursuant to s.
  658  373.042 for surface water bodies less than 25 acres in area,
  659  unless the water body or bodies, individually or cumulatively,
  660  have significant economic, environmental, or hydrologic value.
  661         3. The department or the governing board shall not set
  662  minimum flows or minimum water levels pursuant to s. 373.042 for
  663  surface water bodies constructed before prior to the requirement
  664  for a permit, or pursuant to an exemption, a permit, or a
  665  reclamation plan which regulates the size, depth, or function of
  666  the surface water body under the provisions of this chapter,
  667  chapter 378, or chapter 403, unless the constructed surface
  668  water body is of significant hydrologic value or is an essential
  669  element of the water resources of the area.
  670  
  671  The exclusions of this paragraph shall not apply to the
  672  Everglades Protection Area, as defined in s. 373.4592(2)(i).
  673         (2) If the existing flow or water level in a water body is
  674  below, or is projected to fall within 20 years below, the
  675  applicable minimum flow or minimum water level established
  676  pursuant to s. 373.042, the department or governing board,
  677  concurrent with the adoption of the minimum flow or minimum
  678  water level and as part of the regional water supply plan
  679  described in s. 373.709, shall adopt and expeditiously implement
  680  a recovery or prevention strategy, which includes the
  681  development of additional water supplies and other actions,
  682  consistent with the authority granted by this chapter, to:
  683         (a) Achieve recovery to the established minimum flow or
  684  minimum water level as soon as practicable; or
  685         (b) Prevent the existing flow or water level from falling
  686  below the established minimum flow or minimum water level.
  687  
  688  The recovery or prevention strategy must shall include a phased
  689  in approach phasing or a timetable which will allow for the
  690  provision of sufficient water supplies for all existing and
  691  projected reasonable-beneficial uses, including development of
  692  additional water supplies and implementation of conservation and
  693  other efficiency measures concurrent with and, to the maximum
  694  extent practical, and to offset, reductions in permitted
  695  withdrawals, consistent with the provisions of this chapter. The
  696  recovery or prevention strategy may not depend solely on water
  697  shortage restrictions declared pursuant to s. 373.175 or s.
  698  373.246.
  699         (3) To ensure that sufficient water is available for all
  700  existing and future reasonable-beneficial uses and the natural
  701  systems, the applicable regional water supply plan prepared
  702  pursuant to s. 373.709 shall be amended to include any water
  703  supply development project or water resource development project
  704  identified in a recovery or prevention strategy. Such amendment
  705  shall be approved concurrently with relevant portions of the
  706  recovery or prevention strategy.
  707         (4) The water management district shall notify the
  708  department if an application for a water use permit is denied
  709  based upon the impact that the use will have on an adopted
  710  minimum flow or minimum water level. Upon receipt of such
  711  notice, the department shall, as soon as practicable and in
  712  cooperation with the water management district, conduct a review
  713  of the applicable regional water supply plan prepared pursuant
  714  to s. 373.709. Such review shall include an assessment by the
  715  department of the adequacy of the plan in addressing the
  716  legislative intent of s. 373.705(2)(b) which provides that
  717  sufficient water be available for all existing and future
  718  reasonable-beneficial uses and natural systems and that the
  719  adverse effects of competition for water supplies be avoided. If
  720  the department determines, based upon this review, that the
  721  regional water supply plan does not adequately address the
  722  legislative intent of s. 373.705(2)(b), the water management
  723  district shall immediately initiate an update of the plan
  724  consistent with s. 373.709.
  725         (5)(3) The provisions of this section are supplemental to
  726  any other specific requirements or authority provided by law.
  727  Minimum flows and minimum water levels shall be reevaluated
  728  periodically and revised as needed.
  729         Section 7. Section 373.0465, Florida Statutes, is created
  730  to read:
  731         373.0465 Central Florida Water Initiative.-
  732         (1) The Legislature finds that:
  733         (a) Historically, the Floridan Aquifer system has supplied
  734  the vast majority of the water used in the Central Florida
  735  Coordination Area.
  736         (b) Because the boundaries of the St. Johns River Water
  737  Management District, the South Florida Water Management
  738  District, and the Southwest Florida Water Management District
  739  meet within the Central Florida Coordination Area, the three
  740  districts and the Department of Environmental Protection have
  741  worked cooperatively to determine that the Floridan Aquifer
  742  system is locally approaching the sustainable limits of use and
  743  are exploring the need to develop sources of water to meet the
  744  long-term water needs of the area.
  745         (c) The Central Florida Water Initiative is a collaborative
  746  process involving the Department of Environmental Protection,
  747  the St. Johns River Water Management District, the South Florida
  748  Water Management District, the Southwest Florida Water
  749  Management District, the Department of Agriculture and Consumer
  750  Services, regional public water supply utilities, and other
  751  stakeholders. As set forth in the Central Florida Water
  752  Initiative Guiding Document of January 30, 2015, the initiative
  753  has developed an initial framework for a unified process to
  754  address the current and long-term water supply needs of Central
  755  Florida without causing harm to the water resources and
  756  associated natural systems.
  757         (d) Developing water sources as an alternative to continued
  758  reliance on the Floridan Aquifer will benefit existing and
  759  future water users and natural systems within and beyond the
  760  boundaries of the Central Florida Water Initiative.
  761         (2)(a) As used in this section, the term “Central Florida
  762  Water Initiative Area” means all of Orange, Osceola, Polk, and
  763  Seminole Counties, and southern Lake County, as designated by
  764  the Central Florida Water Initiative Guiding Document of January
  765  30, 2015.
  766         (b) The department, the St. Johns River Water Management
  767  District, the South Florida Water Management District, the
  768  Southwest Florida Water Management District, and the Department
  769  of Agriculture and Consumer Services shall:
  770         1. Provide for a continuation of the collaborative process
  771  in the Central Florida Water Initiative Area among the state
  772  agencies, affected water management districts, regional public
  773  water supply utilities, and other stakeholders;
  774         2. Build upon the guiding principles and goals set forth in
  775  the Central Florida Water Initiative Guiding Document of January
  776  30, 2015, and the work that has already been accomplished by the
  777  Central Florida Water Initiative participants;
  778         3. Develop and implement, as set forth in the Central
  779  Florida Water Initiative Guiding Document of January 30, 2015, a
  780  single multidistrict regional water supply plan, including any
  781  needed recovery or prevention strategies and a list of water
  782  supply development projects or water resource projects; and
  783         4. Provide for a single hydrologic planning model to assess
  784  the availability of groundwater in the Central Florida Water
  785  Initiative Area.
  786         (c) In developing the water supply planning program
  787  consistent with the goals set forth in this subsection, the
  788  department, the St. Johns River Water Management District, the
  789  South Florida Water Management District, the Southwest Florida
  790  Water Management District, and the Department of Agriculture and
  791  Consumer Services shall:
  792         1. Consider limitations on groundwater use together with
  793  opportunities for new, increased, or redistributed groundwater
  794  uses that are consistent with the conditions established under
  795  s. 373.223;
  796         2. Establish a coordinated process for the identification
  797  of water resources requiring new or revised conditions. Any new
  798  or revised condition must be consistent with s. 373.223;
  799         3. Consider existing recovery or prevention strategies;
  800         4. Include a list of water supply options sufficient to
  801  meet the water needs of all existing and future reasonable
  802  beneficial uses consistent with the conditions established under
  803  s. 373.223; and
  804         5. Identify, as necessary, which of the water supply
  805  sources are preferred water supply sources pursuant to s.
  806  373.2234.
  807         (d)The department, in consultation with the St. Johns
  808  River Water Management District, the South Florida Water
  809  Management District, the Southwest Florida Water Management
  810  District, and the Department of Agriculture and Consumer
  811  Services, shall adopt uniform rules for application within the
  812  Central Florida Water Initiative Area that include:
  813         1.A single, uniform definition of the term “harmful to the
  814  water resources” consistent with the term’s usage in s. 373.219;
  815         2.A single method for calculating residential per capita
  816  water use;
  817         3.A single process for permit reviews;
  818         4.A single, consistent process, as appropriate, to set
  819  minimum flows and minimum water levels and water reservations;
  820         5.A goal for residential per capita water use for each
  821  consumptive use permit; and
  822         6.An annual conservation goal for each consumptive use
  823  permit consistent with the regional water supply plan.
  824  
  825  The uniform rules must include existing recovery strategies
  826  within the Central Florida Water Initiative Area adopted before
  827  July 1, 2016. The department may grant variances to the uniform
  828  rules if there are unique circumstances or hydrogeological
  829  factors that make application of the uniform rules unrealistic
  830  or impractical.
  831         (e) The department shall initiate rulemaking for the
  832  uniform rules by December 31, 2016. The department’s uniform
  833  rules shall be applied by the water management districts only
  834  within the Central Florida Water Initiative Area. Upon adoption
  835  of the rules, the water management districts shall implement the
  836  rules without further rulemaking pursuant to s. 120.54. The
  837  rules adopted by the department pursuant to this section are
  838  considered the rules of the water management districts.
  839         (f) Water management district planning programs developed
  840  pursuant to this subsection shall be approved or adopted as
  841  required under this chapter. However, such planning programs may
  842  not serve to modify planning programs in areas of the affected
  843  districts that are not within the Central Florida Water
  844  Initiative Area, but may include interregional projects located
  845  outside the Central Florida Water Initiative Area which are
  846  consistent with planning and regulatory programs in the areas in
  847  which they are located.
  848         Section 8. Subsection (4) of section 373.1501, Florida
  849  Statutes, is amended, present subsections (7) and (8) are
  850  redesignated as subsections (8) and (9), respectively, and a new
  851  subsection (7) is added to that section, to read:
  852         373.1501 South Florida Water Management District as local
  853  sponsor.—
  854         (4) The district is authorized to act as local sponsor of
  855  the project for those project features within the district as
  856  provided in this subsection and subject to the oversight of the
  857  department as further provided in s. 373.026. The district shall
  858  exercise the authority of the state to allocate quantities of
  859  water within its jurisdiction, including the water supply in
  860  relation to the project, and be responsible for allocating water
  861  and assigning priorities among the other water uses served by
  862  the project pursuant to state law. The district may:
  863         (a) Act as local sponsor for all project features
  864  previously authorized by Congress.;
  865         (b) Continue data gathering, analysis, research, and design
  866  of project components, participate in preconstruction
  867  engineering and design documents for project components, and
  868  further refine the Comprehensive Plan of the restudy as a guide
  869  and framework for identifying other project components.;
  870         (c) Construct pilot projects that will assist in
  871  determining the feasibility of technology included in the
  872  Comprehensive Plan of the restudy.; and
  873         (d) Act as local sponsor for project components.
  874         (7) When developing or implementing water control plans or
  875  regulation schedules required for the operation of the project,
  876  the district shall provide recommendations to the United States
  877  Army Corps of Engineers which are consistent with all district
  878  programs and plans.
  879         Section 9. Subsection (3) is added to section 373.219,
  880  Florida Statutes, to read:
  881         373.219 Permits required.—
  882         (3) For Outstanding Florida Springs, the department shall
  883  adopt uniform rules for issuing permits which prevent
  884  groundwater withdrawals that are harmful to the water resources
  885  and adopt by rule a uniform definition of the term “harmful to
  886  the water resources” to provide water management districts with
  887  minimum standards necessary to be consistent with the overall
  888  water policy of the state. This subsection does not prohibit a
  889  water management district from adopting a definition that is
  890  more protective of the water resources consistent with local or
  891  regional conditions and objectives.
  892         Section 10. Subsection (6) is added to section 373.223,
  893  Florida Statutes, to read:
  894         373.223 Conditions for a permit.—
  895         (6) A new consumptive use permit, or the renewal or
  896  modification of a consumptive use permit, that authorizes
  897  groundwater withdrawals of 100,000 gallons or more per day from
  898  a well with an inside diameter of 8 inches or more shall be
  899  monitored for water usage at intervals using methods determined
  900  by the applicable water management district, and the results of
  901  such monitoring shall be reported to the applicable water
  902  management district at least annually. The water management
  903  districts may adopt rules to implement this subsection.
  904         Section 11. Section 373.2234, Florida Statutes, is amended
  905  to read:
  906         373.2234 Preferred water supply sources.—
  907         (1) The governing board of a water management district is
  908  authorized to adopt rules that identify preferred water supply
  909  sources for consumptive uses for which there is sufficient data
  910  to establish that a preferred source will provide a substantial
  911  new water supply to meet the existing and projected reasonable
  912  beneficial uses of a water supply planning region identified
  913  pursuant to s. 373.709(1), while sustaining existing water
  914  resources and natural systems. At a minimum, such rules must
  915  contain a description of the preferred water supply source and
  916  an assessment of the water the preferred source is projected to
  917  produce.
  918         (2)(a) If an applicant proposes to use a preferred water
  919  supply source, that applicant’s proposed water use is subject to
  920  s. 373.223(1), except that the proposed use of a preferred water
  921  supply source must be considered by a water management district
  922  when determining whether a permit applicant’s proposed use of
  923  water is consistent with the public interest pursuant to s.
  924  373.223(1)(c).
  925         (b) The governing board of a water management district
  926  shall consider the identification of preferred water supply
  927  sources for water users for whom access to or development of new
  928  water supplies is not technically or financially feasible.
  929  Identification of preferred water supply sources for such water
  930  users must be consistent with s. 373.016.
  931         (c) A consumptive use permit issued for the use of a
  932  preferred water supply source must be granted, when requested by
  933  the applicant, for at least a 20-year period and may be subject
  934  to the compliance reporting provisions of s. 373.236(4).
  935         (3)(a)Nothing in This section does not: shall be construed
  936  to
  937         1. Exempt the use of preferred water supply sources from
  938  the provisions of ss. 373.016(4) and 373.223(2) and (3);, or be
  939  construed to
  940         2. Provide that permits issued for the use of a
  941  nonpreferred water supply source must be issued for a duration
  942  of less than 20 years or that the use of a nonpreferred water
  943  supply source is not consistent with the public interest; or.
  944         3.Additionally, nothing in this section shall be
  945  interpreted to Require the use of a preferred water supply
  946  source or to restrict or prohibit the use of a nonpreferred
  947  water supply source.
  948         (b) Rules adopted by the governing board of a water
  949  management district to implement this section shall specify that
  950  the use of a preferred water supply source is not required and
  951  that the use of a nonpreferred water supply source is not
  952  restricted or prohibited.
  953         Section 12. Present subsection (5) of section 373.227,
  954  Florida Statutes, is redesignated as subsection (7), and a new
  955  subsection (5) and subsection (6) are added to that section, to
  956  read:
  957         373.227 Water conservation; legislative findings and
  958  intent; objectives; comprehensive statewide water conservation
  959  program requirements.—
  960         (5) To incentivize water conservation, if actual water use
  961  is less than permitted water use due to documented
  962  implementation of water conservation measures beyond those
  963  required in a consumptive use permit, including, but not limited
  964  to, those measures identified in best management practices
  965  pursuant to s. 570.93, the permitted allocation may not be
  966  modified solely due to such water conservation during the term
  967  of the permit. To promote water conservation and the
  968  implementation of measures that produce significant water
  969  savings beyond those required in a consumptive use permit, each
  970  water management district shall adopt rules providing water
  971  conservation incentives, which may include limited permit
  972  extensions.
  973         (6) For consumptive use permits for agricultural
  974  irrigation, if actual water use is less than permitted water use
  975  due to weather events, crop diseases, nursery stock
  976  availability, market conditions, or changes in crop type, a
  977  district may not, as a result, reduce permitted allocation
  978  amounts during the term of the permit.
  979         Section 13. Subsection (2) of section 373.233, Florida
  980  Statutes, is amended to read:
  981         373.233 Competing applications.—
  982         (2)(a) If In the event that two or more competing
  983  applications qualify equally under the provisions of subsection
  984  (1), the governing board or the department shall give preference
  985  to a renewal application over an initial application.
  986         (b) If two or more competing applications qualify equally
  987  under subsection (1) and none of the competing applications is a
  988  renewal application, the governing board or the department shall
  989  give preference to the application for the use where the source
  990  is nearest to the area of use or application consistent with s.
  991  373.016(4)(a).
  992         Section 14. Section 373.4591, Florida Statutes, is amended
  993  to read:
  994         373.4591 Improvements on private agricultural lands.—
  995         (1) The Legislature encourages public-private partnerships
  996  to accomplish water storage, groundwater recharge, and water
  997  quality improvements on private agricultural lands. Priority
  998  consideration shall be given to public-private partnerships
  999  that:
 1000         (a) Store or treat water on private lands for purposes of
 1001  enhancing hydrologic improvement, improving water quality, or
 1002  assisting in water supply;
 1003         (b) Provide critical groundwater recharge; or
 1004         (c) Provide for changes in land use to activities that
 1005  minimize nutrient loads and maximize water conservation.
 1006         (2)(a) When an agreement is entered into between the
 1007  department, a water management district, or the Department of
 1008  Agriculture and Consumer Services and a private landowner to
 1009  establish such a public-private partnership that may create or
 1010  impact wetlands or other surface waters, a baseline condition
 1011  determining the extent of wetlands and other surface waters on
 1012  the property shall be established and documented in the
 1013  agreement before improvements are constructed.
 1014         (b) When an agreement is entered into between the
 1015  Department of Agriculture and Consumer Services and a private
 1016  landowner to implement best management practices pursuant to s.
 1017  403.067(7)(c), a baseline condition determining the extent of
 1018  wetlands and other surface water on the property may be
 1019  established at the option and expense of the private landowner
 1020  and documented in the agreement before improvements are
 1021  constructed. The Department of Agriculture and Consumer Services
 1022  shall submit the landowner’s proposed baseline condition
 1023  documentation to the lead agency for review and approval, and
 1024  the agency shall use its best efforts to complete the review
 1025  within 45 days.
 1026         (3) The Department of Agriculture and Consumer Services,
 1027  the department, and the water management districts shall provide
 1028  a process for reviewing these requests in the timeframe
 1029  specified. The determination of a baseline condition shall be
 1030  conducted using the methods set forth in the rules adopted
 1031  pursuant to s. 373.421. The baseline condition documented in an
 1032  agreement shall be considered the extent of wetlands and other
 1033  surface waters on the property for the purpose of regulation
 1034  under this chapter for the duration of the agreement and after
 1035  its expiration.
 1036         Section 15. Paragraph (h) of subsection (1) and subsections
 1037  (2) through (7) of section 373.4595, Florida Statutes, are
 1038  amended to read:
 1039         373.4595 Northern Everglades and Estuaries Protection
 1040  Program.—
 1041         (1) FINDINGS AND INTENT.—
 1042         (h) The Legislature finds that the expeditious
 1043  implementation of the Lake Okeechobee Watershed Protection
 1044  Program, the Caloosahatchee River Watershed Protection Program,
 1045  Plan and the St. Lucie River Watershed Protection Program Plans
 1046  is needed to improve the quality, quantity, timing, and
 1047  distribution of water in the northern Everglades ecosystem and
 1048  that this section, in conjunction with s. 403.067, including the
 1049  implementation of the plans developed and approved pursuant to
 1050  subsections (3) and (4), and any related basin management action
 1051  plan developed and implemented pursuant to s. 403.067(7)(a),
 1052  provide a reasonable means of achieving the total maximum daily
 1053  load requirements and achieving and maintaining compliance with
 1054  state water quality standards.
 1055         (2) DEFINITIONS.—As used in this section, the term:
 1056         (a) “Best management practice” means a practice or
 1057  combination of practices determined by the coordinating
 1058  agencies, based on research, field-testing, and expert review,
 1059  to be the most effective and practicable on-location means,
 1060  including economic and technological considerations, for
 1061  improving water quality in agricultural and urban discharges.
 1062  Best management practices for agricultural discharges shall
 1063  reflect a balance between water quality improvements and
 1064  agricultural productivity.
 1065         (b) “Biosolids” means the solid, semisolid, or liquid
 1066  residue generated during the treatment of domestic wastewater in
 1067  a domestic wastewater treatment facility, formerly known as
 1068  “domestic wastewater residuals” or “residuals,” and includes
 1069  products and treated material from biosolids treatment
 1070  facilities and septage management facilities regulated by the
 1071  department. The term does not include the treated effluent or
 1072  reclaimed water from a domestic wastewater treatment facility,
 1073  solids removed from pump stations and lift stations, screenings
 1074  and grit removed from the preliminary treatment components of
 1075  domestic wastewater treatment facilities, or ash generated
 1076  during the incineration of biosolids.
 1077         (c)(b) “Caloosahatchee River watershed” means the
 1078  Caloosahatchee River, its tributaries, its estuary, and the area
 1079  within Charlotte, Glades, Hendry, and Lee Counties from which
 1080  surface water flow is directed or drains, naturally or by
 1081  constructed works, to the river, its tributaries, or its
 1082  estuary.
 1083         (d)(c) “Coordinating agencies” means the Department of
 1084  Agriculture and Consumer Services, the Department of
 1085  Environmental Protection, and the South Florida Water Management
 1086  District.
 1087         (e)(d) “Corps of Engineers” means the United States Army
 1088  Corps of Engineers.
 1089         (f)(e) “Department” means the Department of Environmental
 1090  Protection.
 1091         (g)(f) “District” means the South Florida Water Management
 1092  District.
 1093         (g) “District’s WOD program” means the program implemented
 1094  pursuant to rules adopted as authorized by this section and ss.
 1095  373.016, 373.044, 373.085, 373.086, 373.109, 373.113, 373.118,
 1096  373.451, and 373.453, entitled “Works of the District Basin.”
 1097         (h) “Lake Okeechobee Watershed Construction Project” means
 1098  the construction project developed pursuant to this section
 1099  paragraph (3)(b).
 1100         (i) “Lake Okeechobee Watershed Protection Plan” means the
 1101  Lake Okeechobee Watershed Construction Project and the Lake
 1102  Okeechobee Watershed Research and Water Quality Monitoring
 1103  Program plan developed pursuant to this section and ss. 373.451
 1104  373.459.
 1105         (j) “Lake Okeechobee watershed” means Lake Okeechobee, its
 1106  tributaries, and the area within which surface water flow is
 1107  directed or drains, naturally or by constructed works, to the
 1108  lake or its tributaries.
 1109         (k) “Lake Okeechobee Watershed Phosphorus Control Program”
 1110  means the program developed pursuant to paragraph (3)(c).
 1111         (k)(l) “Northern Everglades” means the Lake Okeechobee
 1112  watershed, the Caloosahatchee River watershed, and the St. Lucie
 1113  River watershed.
 1114         (l)(m) “Project component” means any structural or
 1115  operational change, resulting from the Restudy, to the Central
 1116  and Southern Florida Project as it existed and was operated as
 1117  of January 1, 1999.
 1118         (m)(n) “Restudy” means the Comprehensive Review Study of
 1119  the Central and Southern Florida Project, for which federal
 1120  participation was authorized by the Federal Water Resources
 1121  Development Acts of 1992 and 1996 together with related
 1122  Congressional resolutions and for which participation by the
 1123  South Florida Water Management District is authorized by s.
 1124  373.1501. The term includes all actions undertaken pursuant to
 1125  the aforementioned authorizations which will result in
 1126  recommendations for modifications or additions to the Central
 1127  and Southern Florida Project.
 1128         (n)(o) “River Watershed Protection Plans” means the
 1129  Caloosahatchee River Watershed Protection Plan and the St. Lucie
 1130  River Watershed Protection Plan developed pursuant to this
 1131  section.
 1132         (o) “Soil amendment” means any substance or mixture of
 1133  substances sold or offered for sale for soil enriching or
 1134  corrective purposes, intended or claimed to be effective in
 1135  promoting or stimulating plant growth, increasing soil or plant
 1136  productivity, improving the quality of crops, or producing any
 1137  chemical or physical change in the soil, except amendments,
 1138  conditioners, additives, and related products that are derived
 1139  solely from inorganic sources and that contain no recognized
 1140  plant nutrients.
 1141         (p) “St. Lucie River watershed” means the St. Lucie River,
 1142  its tributaries, its estuary, and the area within Martin,
 1143  Okeechobee, and St. Lucie Counties from which surface water flow
 1144  is directed or drains, naturally or by constructed works, to the
 1145  river, its tributaries, or its estuary.
 1146         (q) “Total maximum daily load” means the sum of the
 1147  individual wasteload allocations for point sources and the load
 1148  allocations for nonpoint sources and natural background adopted
 1149  pursuant to s. 403.067. Before Prior to determining individual
 1150  wasteload allocations and load allocations, the maximum amount
 1151  of a pollutant that a water body or water segment can assimilate
 1152  from all sources without exceeding water quality standards must
 1153  first be calculated.
 1154         (3) LAKE OKEECHOBEE WATERSHED PROTECTION PROGRAM.—The Lake
 1155  Okeechobee Watershed Protection Program shall consist of the
 1156  Lake Okeechobee Watershed Protection Plan, the Lake Okeechobee
 1157  Basin Management Action Plan adopted pursuant to s. 403.067, the
 1158  Lake Okeechobee Exotic Species Control Program, and the Lake
 1159  Okeechobee Internal Phosphorus Management Program. The Lake
 1160  Okeechobee Basin Management Action Plan adopted pursuant to s.
 1161  403.067 shall be the component of the Lake Okeechobee Watershed
 1162  Protection A protection Program for Lake Okeechobee that
 1163  achieves phosphorus load reductions for Lake Okeechobee shall be
 1164  immediately implemented as specified in this subsection. The
 1165  Lake Okeechobee Watershed Protection Program shall address the
 1166  reduction of phosphorus loading to the lake from both internal
 1167  and external sources. Phosphorus load reductions shall be
 1168  achieved through a phased program of implementation. Initial
 1169  implementation actions shall be technology-based, based upon a
 1170  consideration of both the availability of appropriate technology
 1171  and the cost of such technology, and shall include phosphorus
 1172  reduction measures at both the source and the regional level.
 1173  The initial phase of phosphorus load reductions shall be based
 1174  upon the district’s Technical Publication 81-2 and the
 1175  district’s WOD program, with subsequent phases of phosphorus
 1176  load reductions based upon the total maximum daily loads
 1177  established in accordance with s. 403.067. In the development
 1178  and administration of the Lake Okeechobee Watershed Protection
 1179  Program, the coordinating agencies shall maximize opportunities
 1180  provided by federal cost-sharing programs and opportunities for
 1181  partnerships with the private sector.
 1182         (a) Lake Okeechobee Watershed Protection Plan.In order To
 1183  protect and restore surface water resources, the district, in
 1184  cooperation with the other coordinating agencies, shall complete
 1185  a Lake Okeechobee Watershed Protection Plan in accordance with
 1186  this section and ss. 373.451-373.459. Beginning March 1, 2020,
 1187  and every 5 years thereafter, the district shall update the Lake
 1188  Okeechobee Watershed Protection Plan to ensure that it is
 1189  consistent with the Lake Okeechobee Basin Management Action Plan
 1190  adopted pursuant to s. 403.067. The Lake Okeechobee Watershed
 1191  Protection Plan shall identify the geographic extent of the
 1192  watershed, be coordinated with the plans developed pursuant to
 1193  paragraphs (4)(a) and (c) (b), and include the Lake Okeechobee
 1194  Watershed Construction Project and the Lake Okeechobee Watershed
 1195  Research and Water Quality Monitoring Program contain an
 1196  implementation schedule for subsequent phases of phosphorus load
 1197  reduction consistent with the total maximum daily loads
 1198  established in accordance with s. 403.067. The plan shall
 1199  consider and build upon a review and analysis of the following:
 1200         1. the performance of projects constructed during Phase I
 1201  and Phase II of the Lake Okeechobee Watershed Construction
 1202  Project, pursuant to subparagraph 1.; paragraph (b).
 1203         2. relevant information resulting from the Lake Okeechobee
 1204  Basin Management Action Plan Watershed Phosphorus Control
 1205  Program, pursuant to paragraph (b); (c).
 1206         3. relevant information resulting from the Lake Okeechobee
 1207  Watershed Research and Water Quality Monitoring Program,
 1208  pursuant to subparagraph 2.; paragraph (d).
 1209         4. relevant information resulting from the Lake Okeechobee
 1210  Exotic Species Control Program, pursuant to paragraph (c); and
 1211  (e).
 1212         5. relevant information resulting from the Lake Okeechobee
 1213  Internal Phosphorus Management Program, pursuant to paragraph
 1214  (d) (f).
 1215         1.(b) Lake Okeechobee Watershed Construction Project.—To
 1216  improve the hydrology and water quality of Lake Okeechobee and
 1217  downstream receiving waters, including the Caloosahatchee and
 1218  St. Lucie Rivers and their estuaries, the district, in
 1219  cooperation with the other coordinating agencies, shall design
 1220  and construct the Lake Okeechobee Watershed Construction
 1221  Project. The project shall include:
 1222         a.1. Phase I.—Phase I of the Lake Okeechobee Watershed
 1223  Construction Project shall consist of a series of project
 1224  features consistent with the recommendations of the South
 1225  Florida Ecosystem Restoration Working Group’s Lake Okeechobee
 1226  Action Plan. Priority basins for such projects include S-191, S
 1227  154, and Pools D and E in the Lower Kissimmee River. In order To
 1228  obtain phosphorus load reductions to Lake Okeechobee as soon as
 1229  possible, the following actions shall be implemented:
 1230         (I)a. The district shall serve as a full partner with the
 1231  Corps of Engineers in the design and construction of the Grassy
 1232  Island Ranch and New Palm Dairy stormwater treatment facilities
 1233  as components of the Lake Okeechobee Water Retention/Phosphorus
 1234  Removal Critical Project. The Corps of Engineers shall have the
 1235  lead in design and construction of these facilities. Should
 1236  delays be encountered in the implementation of either of these
 1237  facilities, the district shall notify the department and
 1238  recommend corrective actions.
 1239         (II)b. The district shall obtain permits and complete
 1240  construction of two of the isolated wetland restoration projects
 1241  that are part of the Lake Okeechobee Water Retention/Phosphorus
 1242  Removal Critical Project. The additional isolated wetland
 1243  projects included in this critical project shall further reduce
 1244  phosphorus loading to Lake Okeechobee.
 1245         (III)c. The district shall work with the Corps of Engineers
 1246  to expedite initiation of the design process for the Taylor
 1247  Creek/Nubbins Slough Reservoir Assisted Stormwater Treatment
 1248  Area, a project component of the Comprehensive Everglades
 1249  Restoration Plan. The district shall propose to the Corps of
 1250  Engineers that the district take the lead in the design and
 1251  construction of the Reservoir Assisted Stormwater Treatment Area
 1252  and receive credit towards the local share of the total cost of
 1253  the Comprehensive Everglades Restoration Plan.
 1254         b.2. Phase II technical plan and construction.—By February
 1255  1, 2008, The district, in cooperation with the other
 1256  coordinating agencies, shall develop a detailed technical plan
 1257  for Phase II of the Lake Okeechobee Watershed Construction
 1258  Project which provides the basis for the Lake Okeechobee Basin
 1259  Management Action Plan adopted by the department pursuant to s.
 1260  403.067. The detailed technical plan shall include measures for
 1261  the improvement of the quality, quantity, timing, and
 1262  distribution of water in the northern Everglades ecosystem,
 1263  including the Lake Okeechobee watershed and the estuaries, and
 1264  for facilitating the achievement of water quality standards. Use
 1265  of cost-effective biologically based, hybrid wetland/chemical
 1266  and other innovative nutrient control technologies shall be
 1267  incorporated in the plan where appropriate. The detailed
 1268  technical plan shall also include a Process Development and
 1269  Engineering component to finalize the detail and design of Phase
 1270  II projects and identify additional measures needed to increase
 1271  the certainty that the overall objectives for improving water
 1272  quality and quantity can be met. Based on information and
 1273  recommendations from the Process Development and Engineering
 1274  component, the Phase II detailed technical plan shall be
 1275  periodically updated. Phase II shall include construction of
 1276  additional facilities in the priority basins identified in sub-
 1277  subparagraph a. subparagraph 1., as well as facilities for other
 1278  basins in the Lake Okeechobee watershed. This detailed technical
 1279  plan will require legislative ratification pursuant to paragraph
 1280  (i). The technical plan shall:
 1281         (I)a. Identify Lake Okeechobee Watershed Construction
 1282  Project facilities designed to contribute to achieving all
 1283  applicable total maximum daily loads established pursuant to s.
 1284  403.067 within the Lake Okeechobee watershed.
 1285         (II)b. Identify the size and location of all such Lake
 1286  Okeechobee Watershed Construction Project facilities.
 1287         (III)c. Provide a construction schedule for all such Lake
 1288  Okeechobee Watershed Construction Project facilities, including
 1289  the sequencing and specific timeframe for construction of each
 1290  Lake Okeechobee Watershed Construction Project facility.
 1291         (IV)d. Provide a schedule for the acquisition of lands or
 1292  sufficient interests necessary to achieve the construction
 1293  schedule.
 1294         (V)e. Provide a detailed schedule of costs associated with
 1295  the construction schedule.
 1296         (VI)f. Identify, to the maximum extent practicable, impacts
 1297  on wetlands and state-listed species expected to be associated
 1298  with construction of such facilities, including potential
 1299  alternatives to minimize and mitigate such impacts, as
 1300  appropriate.
 1301         (VII)g. Provide for additional measures, including
 1302  voluntary water storage and quality improvements on private
 1303  land, to increase water storage and reduce excess water levels
 1304  in Lake Okeechobee and to reduce excess discharges to the
 1305  estuaries.
 1306         (VIII)The technical plan shall also Develop the
 1307  appropriate water quantity storage goal to achieve the desired
 1308  Lake Okeechobee range of lake levels and inflow volumes to the
 1309  Caloosahatchee and St. Lucie estuaries while meeting the other
 1310  water-related needs of the region, including water supply and
 1311  flood protection.
 1312         (IX)h. Provide for additional source controls needed to
 1313  enhance performance of the Lake Okeechobee Watershed
 1314  Construction Project facilities. Such additional source controls
 1315  shall be incorporated into the Lake Okeechobee Basin Management
 1316  Action Plan Watershed Phosphorous Control Program pursuant to
 1317  paragraph (b) (c).
 1318         c.3. Evaluation.—Within 5 years after the adoption of the
 1319  Lake Okeechobee Basin Management Action Plan pursuant to s.
 1320  403.067 and every 5 By January 1, 2004, and every 3 years
 1321  thereafter, the department district, in cooperation with the
 1322  other coordinating agencies, shall conduct an evaluation of the
 1323  Lake Okeechobee Watershed Construction Project and identify any
 1324  further load reductions necessary to achieve compliance with the
 1325  all Lake Okeechobee watershed total maximum daily loads
 1326  established pursuant to s. 403.067. Additionally, The district
 1327  shall identify modifications to facilities of the Lake
 1328  Okeechobee Watershed Construction Project as appropriate to meet
 1329  the total maximum daily loads. Modifications to the Lake
 1330  Okeechobee Watershed Construction Project resulting from this
 1331  evaluation shall be incorporated into the Lake Okeechobee Basin
 1332  Management Action Plan and The evaluation shall be included in
 1333  the applicable annual progress report submitted pursuant to
 1334  subsection (6).
 1335         d.4. Coordination and review.—To ensure the timely
 1336  implementation of the Lake Okeechobee Watershed Construction
 1337  Project, the design of project facilities shall be coordinated
 1338  with the department and other interested parties, including
 1339  affected local governments, to the maximum extent practicable.
 1340  Lake Okeechobee Watershed Construction Project facilities shall
 1341  be reviewed and commented upon by the department before prior to
 1342  the execution of a construction contract by the district for
 1343  that facility.
 1344         2. Lake Okeechobee Watershed Research and Water Quality
 1345  Monitoring Program.—The coordinating agencies shall implement a
 1346  Lake Okeechobee Watershed Research and Water Quality Monitoring
 1347  Program. Results from the program shall be used by the
 1348  department, in cooperation with the other coordinating agencies,
 1349  to make modifications to the Lake Okeechobee Basin Management
 1350  Action Plan adopted pursuant to s. 403.067, as appropriate. The
 1351  program shall:
 1352         a. Evaluate all available existing water quality data
 1353  concerning total phosphorus in the Lake Okeechobee watershed,
 1354  develop a water quality baseline to represent existing
 1355  conditions for total phosphorus, monitor long-term ecological
 1356  changes, including water quality for total phosphorus, and
 1357  measure compliance with water quality standards for total
 1358  phosphorus, including any applicable total maximum daily load
 1359  for the Lake Okeechobee watershed as established pursuant to s.
 1360  403.067. Beginning March 1, 2020, and every 5 years thereafter,
 1361  the department shall reevaluate water quality and quantity data
 1362  to ensure that the appropriate projects are being designated and
 1363  incorporated into the Lake Okeechobee Basin Management Action
 1364  Plan adopted pursuant to s. 403.067. The district shall
 1365  implement a total phosphorus monitoring program at appropriate
 1366  structures owned or operated by the district and within the Lake
 1367  Okeechobee watershed.
 1368         b. Develop a Lake Okeechobee water quality model that
 1369  reasonably represents the phosphorus dynamics of Lake Okeechobee
 1370  and incorporates an uncertainty analysis associated with model
 1371  predictions.
 1372         c. Determine the relative contribution of phosphorus from
 1373  all identifiable sources and all primary and secondary land
 1374  uses.
 1375         d. Conduct an assessment of the sources of phosphorus from
 1376  the Upper Kissimmee Chain of Lakes and Lake Istokpoga and their
 1377  relative contribution to the water quality of Lake Okeechobee.
 1378  The results of this assessment shall be used by the coordinating
 1379  agencies as part of the Lake Okeechobee Basin Management Action
 1380  Plan adopted pursuant to s. 403.067 to develop interim measures,
 1381  best management practices, or regulations, as applicable.
 1382         e. Assess current water management practices within the
 1383  Lake Okeechobee watershed and develop recommendations for
 1384  structural and operational improvements. Such recommendations
 1385  shall balance water supply, flood control, estuarine salinity,
 1386  maintenance of a healthy lake littoral zone, and water quality
 1387  considerations.
 1388         f. Evaluate the feasibility of alternative nutrient
 1389  reduction technologies, including sediment traps, canal and
 1390  ditch maintenance, fish production or other aquaculture,
 1391  bioenergy conversion processes, and algal or other biological
 1392  treatment technologies and include any alternative nutrient
 1393  reduction technologies determined to be feasible in the Lake
 1394  Okeechobee Basin Management Action Plan adopted pursuant to s.
 1395  403.067.
 1396         g. Conduct an assessment of the water volumes and timing
 1397  from the Lake Okeechobee watershed and their relative
 1398  contribution to the water level changes in Lake Okeechobee and
 1399  to the timing and volume of water delivered to the estuaries.
 1400         (b)(c)Lake Okeechobee Basin Management Action Plan
 1401  Watershed Phosphorus Control Program.—The Lake Okeechobee Basin
 1402  Management Action Plan adopted pursuant to s. 403.067 shall be
 1403  the watershed phosphorus control component for Lake Okeechobee.
 1404  The Lake Okeechobee Basin Management Action Plan shall be
 1405  Program is designed to be a multifaceted approach designed to
 1406  achieve the total maximum daily load reducing phosphorus loads
 1407  by improving the management of phosphorus sources within the
 1408  Lake Okeechobee watershed through implementation of regulations
 1409  and best management practices, continued development and
 1410  continued implementation of improved best management practices,
 1411  improvement and restoration of the hydrologic function of
 1412  natural and managed systems, and use utilization of alternative
 1413  technologies for nutrient reduction. As provided in s.
 1414  403.067(7)(a)6., the Lake Okeechobee Basin Management Action
 1415  Plan must include milestones for implementation and water
 1416  quality improvement, and an associated water quality monitoring
 1417  component sufficient to evaluate whether reasonable progress in
 1418  pollutant load reductions is being achieved over time. An
 1419  assessment of progress toward these milestones shall be
 1420  conducted every 5 years and shall be provided to the Governor,
 1421  the President of the Senate, and the Speaker of the House of
 1422  Representatives. Revisions to the plan shall be made, as
 1423  appropriate, as a result of each 5-year review. Revisions to the
 1424  basin management action plan shall be made by the department in
 1425  cooperation with the basin stakeholders. Revisions to best
 1426  management practices or other measures must follow the
 1427  procedures set forth in s. 403.067(7)(c)4. Revised basin
 1428  management action plans must be adopted pursuant to s.
 1429  403.067(7)(a)5. The department shall develop an implementation
 1430  schedule establishing 5-year, 10-year, and 15-year measurable
 1431  milestones and targets to achieve the total maximum daily load
 1432  no more than 20 years after adoption of the plan. The initial
 1433  implementation schedule shall be used to provide guidance for
 1434  planning and funding purposes and is exempt from chapter 120.
 1435  Upon the first 5-year review, the implementation schedule shall
 1436  be adopted as part of the plan. If achieving the total maximum
 1437  daily load within 20 years is not practicable, the
 1438  implementation schedule must contain an explanation of the
 1439  constraints that prevent achievement of the total maximum daily
 1440  load within 20 years, an estimate of the time needed to achieve
 1441  the total maximum daily load, and additional 5-year measurable
 1442  milestones, as necessary. The coordinating agencies shall
 1443  develop an interagency agreement pursuant to ss. 373.046 and
 1444  373.406(5) which is consistent with the department taking the
 1445  lead on water quality protection measures through the Lake
 1446  Okeechobee Basin Management Action Plan adopted pursuant to s.
 1447  403.067; the district taking the lead on hydrologic improvements
 1448  pursuant to paragraph (a); and the Department of Agriculture and
 1449  Consumer Services taking the lead on agricultural interim
 1450  measures, best management practices, and other measures adopted
 1451  pursuant to s. 403.067. The interagency agreement must specify
 1452  how best management practices for nonagricultural nonpoint
 1453  sources are developed and how all best management practices are
 1454  implemented and verified consistent with s. 403.067 and this
 1455  section and must address measures to be taken by the
 1456  coordinating agencies during any best management practice
 1457  reevaluation performed pursuant to subparagraphs 5. and 10. The
 1458  department shall use best professional judgment in making the
 1459  initial determination of best management practice effectiveness.
 1460  The coordinating agencies may develop an intergovernmental
 1461  agreement with local governments to implement nonagricultural
 1462  nonpoint source best management practices within their
 1463  respective geographic boundaries. The coordinating agencies
 1464  shall facilitate the application of federal programs that offer
 1465  opportunities for water quality treatment, including
 1466  preservation, restoration, or creation of wetlands on
 1467  agricultural lands.
 1468         1. Agricultural nonpoint source best management practices,
 1469  developed in accordance with s. 403.067 and designed to achieve
 1470  the objectives of the Lake Okeechobee Watershed Protection
 1471  Program as part of a phased approach of management strategies
 1472  within the Lake Okeechobee Basin Management Action Plan, shall
 1473  be implemented on an expedited basis. The coordinating agencies
 1474  shall develop an interagency agreement pursuant to ss. 373.046
 1475  and 373.406(5) that assures the development of best management
 1476  practices that complement existing regulatory programs and
 1477  specifies how those best management practices are implemented
 1478  and verified. The interagency agreement shall address measures
 1479  to be taken by the coordinating agencies during any best
 1480  management practice reevaluation performed pursuant to sub
 1481  subparagraph d. The department shall use best professional
 1482  judgment in making the initial determination of best management
 1483  practice effectiveness.
 1484         2.a. As provided in s. 403.067(7)(c), the Department of
 1485  Agriculture and Consumer Services, in consultation with the
 1486  department, the district, and affected parties, shall initiate
 1487  rule development for interim measures, best management
 1488  practices, conservation plans, nutrient management plans, or
 1489  other measures necessary for Lake Okeechobee watershed total
 1490  maximum daily load reduction. The rule shall include thresholds
 1491  for requiring conservation and nutrient management plans and
 1492  criteria for the contents of such plans. Development of
 1493  agricultural nonpoint source best management practices shall
 1494  initially focus on those priority basins listed in sub
 1495  subparagraph (a)1.a. subparagraph (b)1. The Department of
 1496  Agriculture and Consumer Services, in consultation with the
 1497  department, the district, and affected parties, shall conduct an
 1498  ongoing program for improvement of existing and development of
 1499  new agricultural nonpoint source interim measures and or best
 1500  management practices. The Department of Agriculture and Consumer
 1501  Services shall adopt for the purpose of adoption of such
 1502  practices by rule. The Department of Agriculture and Consumer
 1503  Services shall work with the University of Florida Florida’s
 1504  Institute of Food and Agriculture Sciences to review and, where
 1505  appropriate, develop revised nutrient application rates for all
 1506  agricultural soil amendments in the watershed.
 1507         3.b.As provided in s. 403.067, where agricultural nonpoint
 1508  source best management practices or interim measures have been
 1509  adopted by rule of the Department of Agriculture and Consumer
 1510  Services, the owner or operator of an agricultural nonpoint
 1511  source addressed by such rule shall either implement interim
 1512  measures or best management practices or demonstrate compliance
 1513  with state water quality standards addressed by the Lake
 1514  Okeechobee Basin Management Action Plan adopted pursuant to s.
 1515  403.067 the district’s WOD program by conducting monitoring
 1516  prescribed by the department or the district. Owners or
 1517  operators of agricultural nonpoint sources who implement interim
 1518  measures or best management practices adopted by rule of the
 1519  Department of Agriculture and Consumer Services shall be subject
 1520  to the provisions of s. 403.067(7). The Department of
 1521  Agriculture and Consumer Services, in cooperation with the
 1522  department and the district, shall provide technical and
 1523  financial assistance for implementation of agricultural best
 1524  management practices, subject to the availability of funds.
 1525         4.c. The district or department shall conduct monitoring at
 1526  representative sites to verify the effectiveness of agricultural
 1527  nonpoint source best management practices.
 1528         5.d. Where water quality problems are detected for
 1529  agricultural nonpoint sources despite the appropriate
 1530  implementation of adopted best management practices, the
 1531  Department of Agriculture and Consumer Services, in consultation
 1532  with the other coordinating agencies and affected parties, shall
 1533  institute a reevaluation of the best management practices shall
 1534  be conducted pursuant to s. 403.067(7)(c)4. If the reevaluation
 1535  determines that the best management practices or other measures
 1536  require modification, the rule shall be revised to require
 1537  implementation of the modified practice within a reasonable
 1538  period as specified in the rule and make appropriate changes to
 1539  the rule adopting best management practices.
 1540         6.2.As provided in s. 403.067, nonagricultural nonpoint
 1541  source best management practices, developed in accordance with
 1542  s. 403.067 and designed to achieve the objectives of the Lake
 1543  Okeechobee Watershed Protection Program as part of a phased
 1544  approach of management strategies within the Lake Okeechobee
 1545  Basin Management Action Plan, shall be implemented on an
 1546  expedited basis. The department and the district shall develop
 1547  an interagency agreement pursuant to ss. 373.046 and 373.406(5)
 1548  that assures the development of best management practices that
 1549  complement existing regulatory programs and specifies how those
 1550  best management practices are implemented and verified. The
 1551  interagency agreement shall address measures to be taken by the
 1552  department and the district during any best management practice
 1553  reevaluation performed pursuant to sub-subparagraph d.
 1554         7.a. The department and the district are directed to work
 1555  with the University of Florida Florida’s Institute of Food and
 1556  Agricultural Sciences to develop appropriate nutrient
 1557  application rates for all nonagricultural soil amendments in the
 1558  watershed. As provided in s. 403.067 s. 403.067(7)(c), the
 1559  department, in consultation with the district and affected
 1560  parties, shall develop nonagricultural nonpoint source interim
 1561  measures, best management practices, or other measures necessary
 1562  for Lake Okeechobee watershed total maximum daily load
 1563  reduction. Development of nonagricultural nonpoint source best
 1564  management practices shall initially focus on those priority
 1565  basins listed in sub-subparagraph (a)1.a. subparagraph (b)1. The
 1566  department, the district, and affected parties shall conduct an
 1567  ongoing program for improvement of existing and development of
 1568  new interim measures and or best management practices. The
 1569  department or the district shall adopt such practices by rule
 1570  The district shall adopt technology-based standards under the
 1571  district’s WOD program for nonagricultural nonpoint sources of
 1572  phosphorus. Nothing in this sub-subparagraph shall affect the
 1573  authority of the department or the district to adopt basin
 1574  specific criteria under this part to prevent harm to the water
 1575  resources of the district.
 1576         8.b. Where nonagricultural nonpoint source best management
 1577  practices or interim measures have been developed by the
 1578  department and adopted by the district, the owner or operator of
 1579  a nonagricultural nonpoint source shall implement interim
 1580  measures or best management practices and be subject to the
 1581  provisions of s. 403.067(7). The department and district shall
 1582  provide technical and financial assistance for implementation of
 1583  nonagricultural nonpoint source best management practices,
 1584  subject to the availability of funds.
 1585         9.c.As provided in s. 403.067, the district or the
 1586  department shall conduct monitoring at representative sites to
 1587  verify the effectiveness of nonagricultural nonpoint source best
 1588  management practices.
 1589         10.d. Where water quality problems are detected for
 1590  nonagricultural nonpoint sources despite the appropriate
 1591  implementation of adopted best management practices, the
 1592  department and the district shall institute a reevaluation of
 1593  the best management practices shall be conducted pursuant to s.
 1594  403.067(7)(c)4. If the reevaluation determines that the best
 1595  management practices or other measures require modification, the
 1596  rule shall be revised to require implementation of the modified
 1597  practice within a reasonable time period as specified in the
 1598  rule.
 1599         11.3.The provisions of Subparagraphs 1. and 2. and 7. do
 1600  may not preclude the department or the district from requiring
 1601  compliance with water quality standards or with current best
 1602  management practices requirements set forth in any applicable
 1603  regulatory program authorized by law for the purpose of
 1604  protecting water quality. Additionally, Subparagraphs 1. and 2.
 1605  and 7. are applicable only to the extent that they do not
 1606  conflict with any rules adopted by the department that are
 1607  necessary to maintain a federally delegated or approved program.
 1608         12. The program of agricultural best management practices
 1609  set forth in the Everglades Program of the district meets the
 1610  requirements of this paragraph and s. 403.067(7) for the Lake
 1611  Okeechobee watershed. An entity in compliance with the best
 1612  management practices set forth in the Everglades Program of the
 1613  district may elect to use that permit in lieu of the
 1614  requirements of this paragraph. The provisions of subparagraph
 1615  5. apply to this subparagraph. This subparagraph does not alter
 1616  any requirement of s. 373.4592.
 1617         13. The Department of Agriculture and Consumer Services, in
 1618  cooperation with the department and the district, shall provide
 1619  technical and financial assistance for implementation of
 1620  agricultural best management practices, subject to the
 1621  availability of funds. The department and district shall provide
 1622  technical and financial assistance for implementation of
 1623  nonagricultural nonpoint source best management practices,
 1624  subject to the availability of funds.
 1625         14.4. Projects that reduce the phosphorus load originating
 1626  from domestic wastewater systems within the Lake Okeechobee
 1627  watershed shall be given funding priority in the department’s
 1628  revolving loan program under s. 403.1835. The department shall
 1629  coordinate and provide assistance to those local governments
 1630  seeking financial assistance for such priority projects.
 1631         15.5. Projects that make use of private lands, or lands
 1632  held in trust for Indian tribes, to reduce nutrient loadings or
 1633  concentrations within a basin by one or more of the following
 1634  methods: restoring the natural hydrology of the basin, restoring
 1635  wildlife habitat or impacted wetlands, reducing peak flows after
 1636  storm events, increasing aquifer recharge, or protecting range
 1637  and timberland from conversion to development, are eligible for
 1638  grants available under this section from the coordinating
 1639  agencies. For projects of otherwise equal priority, special
 1640  funding priority will be given to those projects that make best
 1641  use of the methods outlined above that involve public-private
 1642  partnerships or that obtain federal match money. Preference
 1643  ranking above the special funding priority will be given to
 1644  projects located in a rural area of opportunity designated by
 1645  the Governor. Grant applications may be submitted by any person
 1646  or tribal entity, and eligible projects may include, but are not
 1647  limited to, the purchase of conservation and flowage easements,
 1648  hydrologic restoration of wetlands, creating treatment wetlands,
 1649  development of a management plan for natural resources, and
 1650  financial support to implement a management plan.
 1651         16.6.a. The department shall require all entities disposing
 1652  of domestic wastewater biosolids residuals within the Lake
 1653  Okeechobee watershed and the remaining areas of Okeechobee,
 1654  Glades, and Hendry Counties to develop and submit to the
 1655  department an agricultural use plan that limits applications
 1656  based upon phosphorus loading consistent with the Lake
 1657  Okeechobee Basin Management Action Plan adopted pursuant to s.
 1658  403.067. By July 1, 2005, phosphorus concentrations originating
 1659  from these application sites may not exceed the limits
 1660  established in the district’s WOD program. After December 31,
 1661  2007, The department may not authorize the disposal of domestic
 1662  wastewater biosolids residuals within the Lake Okeechobee
 1663  watershed unless the applicant can affirmatively demonstrate
 1664  that the phosphorus in the biosolids residuals will not add to
 1665  phosphorus loadings in Lake Okeechobee or its tributaries. This
 1666  demonstration shall be based on achieving a net balance between
 1667  phosphorus imports relative to exports on the permitted
 1668  application site. Exports shall include only phosphorus removed
 1669  from the Lake Okeechobee watershed through products generated on
 1670  the permitted application site. This prohibition does not apply
 1671  to Class AA biosolids residuals that are marketed and
 1672  distributed as fertilizer products in accordance with department
 1673  rule.
 1674         17.b. Private and government-owned utilities within Monroe,
 1675  Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, Indian
 1676  River, Okeechobee, Highlands, Hendry, and Glades Counties that
 1677  dispose of wastewater biosolids residual sludge from utility
 1678  operations and septic removal by land spreading in the Lake
 1679  Okeechobee watershed may use a line item on local sewer rates to
 1680  cover wastewater biosolids residual treatment and disposal if
 1681  such disposal and treatment is done by approved alternative
 1682  treatment methodology at a facility located within the areas
 1683  designated by the Governor as rural areas of opportunity
 1684  pursuant to s. 288.0656. This additional line item is an
 1685  environmental protection disposal fee above the present sewer
 1686  rate and may not be considered a part of the present sewer rate
 1687  to customers, notwithstanding provisions to the contrary in
 1688  chapter 367. The fee shall be established by the county
 1689  commission or its designated assignee in the county in which the
 1690  alternative method treatment facility is located. The fee shall
 1691  be calculated to be no higher than that necessary to recover the
 1692  facility’s prudent cost of providing the service. Upon request
 1693  by an affected county commission, the Florida Public Service
 1694  Commission will provide assistance in establishing the fee.
 1695  Further, for utilities and utility authorities that use the
 1696  additional line item environmental protection disposal fee, such
 1697  fee may not be considered a rate increase under the rules of the
 1698  Public Service Commission and shall be exempt from such rules.
 1699  Utilities using the provisions of this section may immediately
 1700  include in their sewer invoicing the new environmental
 1701  protection disposal fee. Proceeds from this environmental
 1702  protection disposal fee shall be used for treatment and disposal
 1703  of wastewater biosolids residuals, including any treatment
 1704  technology that helps reduce the volume of biosolids residuals
 1705  that require final disposal, but such proceeds may not be used
 1706  for transportation or shipment costs for disposal or any costs
 1707  relating to the land application of biosolids residuals in the
 1708  Lake Okeechobee watershed.
 1709         18.c. No less frequently than once every 3 years, the
 1710  Florida Public Service Commission or the county commission
 1711  through the services of an independent auditor shall perform a
 1712  financial audit of all facilities receiving compensation from an
 1713  environmental protection disposal fee. The Florida Public
 1714  Service Commission or the county commission through the services
 1715  of an independent auditor shall also perform an audit of the
 1716  methodology used in establishing the environmental protection
 1717  disposal fee. The Florida Public Service Commission or the
 1718  county commission shall, within 120 days after completion of an
 1719  audit, file the audit report with the President of the Senate
 1720  and the Speaker of the House of Representatives and shall
 1721  provide copies to the county commissions of the counties set
 1722  forth in subparagraph 17. sub-subparagraph b. The books and
 1723  records of any facilities receiving compensation from an
 1724  environmental protection disposal fee shall be open to the
 1725  Florida Public Service Commission and the Auditor General for
 1726  review upon request.
 1727         19.7. The Department of Health shall require all entities
 1728  disposing of septage within the Lake Okeechobee watershed to
 1729  develop and submit to that agency an agricultural use plan that
 1730  limits applications based upon phosphorus loading consistent
 1731  with the Lake Okeechobee Basin Management Action Plan adopted
 1732  pursuant to s. 403.067. By July 1, 2005, phosphorus
 1733  concentrations originating from these application sites may not
 1734  exceed the limits established in the district’s WOD program.
 1735         20.8. The Department of Agriculture and Consumer Services
 1736  shall initiate rulemaking requiring entities within the Lake
 1737  Okeechobee watershed which land-apply animal manure to develop
 1738  resource management system level conservation plans, according
 1739  to United States Department of Agriculture criteria, which limit
 1740  such application. Such rules must may include criteria and
 1741  thresholds for the requirement to develop a conservation or
 1742  nutrient management plan, requirements for plan approval, site
 1743  inspection requirements, and recordkeeping requirements.
 1744         21. The district shall revise chapter 40E-61, Florida
 1745  Administrative Code, to be consistent with this section and s.
 1746  403.067; provide for a monitoring program for nonpoint source
 1747  dischargers required to monitor water quality by s. 403.067; and
 1748  provide for the results of such monitoring to be reported to the
 1749  coordinating agencies.
 1750         9. The district, the department, or the Department of
 1751  Agriculture and Consumer Services, as appropriate, shall
 1752  implement those alternative nutrient reduction technologies
 1753  determined to be feasible pursuant to subparagraph (d)6.
 1754         (d) Lake Okeechobee Watershed Research and Water Quality
 1755  Monitoring Program.—The district, in cooperation with the other
 1756  coordinating agencies, shall establish a Lake Okeechobee
 1757  Watershed Research and Water Quality Monitoring Program that
 1758  builds upon the district’s existing Lake Okeechobee research
 1759  program. The program shall:
 1760         1. Evaluate all available existing water quality data
 1761  concerning total phosphorus in the Lake Okeechobee watershed,
 1762  develop a water quality baseline to represent existing
 1763  conditions for total phosphorus, monitor long-term ecological
 1764  changes, including water quality for total phosphorus, and
 1765  measure compliance with water quality standards for total
 1766  phosphorus, including any applicable total maximum daily load
 1767  for the Lake Okeechobee watershed as established pursuant to s.
 1768  403.067. Every 3 years, the district shall reevaluate water
 1769  quality and quantity data to ensure that the appropriate
 1770  projects are being designated and implemented to meet the water
 1771  quality and storage goals of the plan. The district shall also
 1772  implement a total phosphorus monitoring program at appropriate
 1773  structures owned or operated by the South Florida Water
 1774  Management District and within the Lake Okeechobee watershed.
 1775         2. Develop a Lake Okeechobee water quality model that
 1776  reasonably represents phosphorus dynamics of the lake and
 1777  incorporates an uncertainty analysis associated with model
 1778  predictions.
 1779         3. Determine the relative contribution of phosphorus from
 1780  all identifiable sources and all primary and secondary land
 1781  uses.
 1782         4. Conduct an assessment of the sources of phosphorus from
 1783  the Upper Kissimmee Chain-of-Lakes and Lake Istokpoga, and their
 1784  relative contribution to the water quality of Lake Okeechobee.
 1785  The results of this assessment shall be used by the coordinating
 1786  agencies to develop interim measures, best management practices,
 1787  or regulation, as applicable.
 1788         5. Assess current water management practices within the
 1789  Lake Okeechobee watershed and develop recommendations for
 1790  structural and operational improvements. Such recommendations
 1791  shall balance water supply, flood control, estuarine salinity,
 1792  maintenance of a healthy lake littoral zone, and water quality
 1793  considerations.
 1794         6. Evaluate the feasibility of alternative nutrient
 1795  reduction technologies, including sediment traps, canal and
 1796  ditch maintenance, fish production or other aquaculture,
 1797  bioenergy conversion processes, and algal or other biological
 1798  treatment technologies.
 1799         7. Conduct an assessment of the water volumes and timing
 1800  from the Lake Okeechobee watershed and their relative
 1801  contribution to the water level changes in Lake Okeechobee and
 1802  to the timing and volume of water delivered to the estuaries.
 1803         (c)(e)Lake Okeechobee Exotic Species Control Program.—The
 1804  coordinating agencies shall identify the exotic species that
 1805  threaten the native flora and fauna within the Lake Okeechobee
 1806  watershed and develop and implement measures to protect the
 1807  native flora and fauna.
 1808         (d)(f)Lake Okeechobee Internal Phosphorus Management
 1809  Program.—The district, in cooperation with the other
 1810  coordinating agencies and interested parties, shall evaluate the
 1811  feasibility of complete a Lake Okeechobee internal phosphorus
 1812  load removal projects feasibility study. The evaluation
 1813  feasibility study shall be based on technical feasibility, as
 1814  well as economic considerations, and shall consider address all
 1815  reasonable methods of phosphorus removal. If projects methods
 1816  are found to be feasible, the district shall immediately pursue
 1817  the design, funding, and permitting for implementing such
 1818  projects methods.
 1819         (e)(g)Lake Okeechobee Watershed Protection Program Plan
 1820  implementation.—The coordinating agencies shall be jointly
 1821  responsible for implementing the Lake Okeechobee Watershed
 1822  Protection Program Plan, consistent with the statutory authority
 1823  and responsibility of each agency. Annual funding priorities
 1824  shall be jointly established, and the highest priority shall be
 1825  assigned to programs and projects that address sources that have
 1826  the highest relative contribution to loading and the greatest
 1827  potential for reductions needed to meet the total maximum daily
 1828  loads. In determining funding priorities, the coordinating
 1829  agencies shall also consider the need for regulatory compliance,
 1830  the extent to which the program or project is ready to proceed,
 1831  and the availability of federal matching funds or other nonstate
 1832  funding, including public-private partnerships. Federal and
 1833  other nonstate funding shall be maximized to the greatest extent
 1834  practicable.
 1835         (f)(h)Priorities and implementation schedules.—The
 1836  coordinating agencies are authorized and directed to establish
 1837  priorities and implementation schedules for the achievement of
 1838  total maximum daily loads, compliance with the requirements of
 1839  s. 403.067, and compliance with applicable water quality
 1840  standards within the waters and watersheds subject to this
 1841  section.
 1842         (i) Legislative ratification.—The coordinating agencies
 1843  shall submit the Phase II technical plan developed pursuant to
 1844  paragraph (b) to the President of the Senate and the Speaker of
 1845  the House of Representatives prior to the 2008 legislative
 1846  session for review. If the Legislature takes no action on the
 1847  plan during the 2008 legislative session, the plan is deemed
 1848  approved and may be implemented.
 1849         (4) CALOOSAHATCHEE RIVER WATERSHED PROTECTION PROGRAM AND
 1850  ST. LUCIE RIVER WATERSHED PROTECTION PROGRAM.—A protection
 1851  program shall be developed and implemented as specified in this
 1852  subsection. In order To protect and restore surface water
 1853  resources, the program shall address the reduction of pollutant
 1854  loadings, restoration of natural hydrology, and compliance with
 1855  applicable state water quality standards. The program shall be
 1856  achieved through a phased program of implementation. In
 1857  addition, pollutant load reductions based upon adopted total
 1858  maximum daily loads established in accordance with s. 403.067
 1859  shall serve as a program objective. In the development and
 1860  administration of the program, the coordinating agencies shall
 1861  maximize opportunities provided by federal and local government
 1862  cost-sharing programs and opportunities for partnerships with
 1863  the private sector and local government. The program plan shall
 1864  include a goal for salinity envelopes and freshwater inflow
 1865  targets for the estuaries based upon existing research and
 1866  documentation. The goal may be revised as new information is
 1867  available. This goal shall seek to reduce the frequency and
 1868  duration of undesirable salinity ranges while meeting the other
 1869  water-related needs of the region, including water supply and
 1870  flood protection, while recognizing the extent to which water
 1871  inflows are within the control and jurisdiction of the district.
 1872         (a) Caloosahatchee River Watershed Protection Plan.No
 1873  later than January 1, 2009, The district, in cooperation with
 1874  the other coordinating agencies, Lee County, and affected
 1875  counties and municipalities, shall complete a River Watershed
 1876  Protection Plan in accordance with this subsection. The
 1877  Caloosahatchee River Watershed Protection Plan shall identify
 1878  the geographic extent of the watershed, be coordinated as needed
 1879  with the plans developed pursuant to paragraph (3)(a) and
 1880  paragraph (c) (b) of this subsection, and contain an
 1881  implementation schedule for pollutant load reductions consistent
 1882  with any adopted total maximum daily loads and compliance with
 1883  applicable state water quality standards. The plan shall include
 1884  the Caloosahatchee River Watershed Construction Project and the
 1885  Caloosahatchee River Watershed Research and Water Quality
 1886  Monitoring Program.:
 1887         1. Caloosahatchee River Watershed Construction Project.—To
 1888  improve the hydrology, water quality, and aquatic habitats
 1889  within the watershed, the district shall, no later than January
 1890  1, 2012, plan, design, and construct the initial phase of the
 1891  Watershed Construction Project. In doing so, the district shall:
 1892         a. Develop and designate the facilities to be constructed
 1893  to achieve stated goals and objectives of the Caloosahatchee
 1894  River Watershed Protection Plan.
 1895         b. Conduct scientific studies that are necessary to support
 1896  the design of the Caloosahatchee River Watershed Construction
 1897  Project facilities.
 1898         c. Identify the size and location of all such facilities.
 1899         d. Provide a construction schedule for all such facilities,
 1900  including the sequencing and specific timeframe for construction
 1901  of each facility.
 1902         e. Provide a schedule for the acquisition of lands or
 1903  sufficient interests necessary to achieve the construction
 1904  schedule.
 1905         f. Provide a schedule of costs and benefits associated with
 1906  each construction project and identify funding sources.
 1907         g. To ensure timely implementation, coordinate the design,
 1908  scheduling, and sequencing of project facilities with the
 1909  coordinating agencies, Lee County, other affected counties and
 1910  municipalities, and other affected parties.
 1911         2. Caloosahatchee River Watershed Research and Water
 1912  Quality Monitoring Program.—The district, in cooperation with
 1913  the other coordinating agencies and local governments, shall
 1914  implement a Caloosahatchee River Watershed Research and Water
 1915  Quality Monitoring Program that builds upon the district’s
 1916  existing research program and that is sufficient to carry out,
 1917  comply with, or assess the plans, programs, and other
 1918  responsibilities created by this subsection. The program shall
 1919  also conduct an assessment of the water volumes and timing from
 1920  Lake Okeechobee and the Caloosahatchee River watershed and their
 1921  relative contributions to the timing and volume of water
 1922  delivered to the estuary.
 1923         (b)2.Caloosahatchee River Watershed Basin Management
 1924  Action Plans Pollutant Control Program.—The basin management
 1925  action plans adopted pursuant to s. 403.067 for the
 1926  Caloosahatchee River watershed shall be the Caloosahatchee River
 1927  Watershed Pollutant Control Program. The plans shall be is
 1928  designed to be a multifaceted approach to reducing pollutant
 1929  loads by improving the management of pollutant sources within
 1930  the Caloosahatchee River watershed through implementation of
 1931  regulations and best management practices, development and
 1932  implementation of improved best management practices,
 1933  improvement and restoration of the hydrologic function of
 1934  natural and managed systems, and utilization of alternative
 1935  technologies for pollutant reduction, such as cost-effective
 1936  biologically based, hybrid wetland/chemical and other innovative
 1937  nutrient control technologies. As provided in s.
 1938  403.067(7)(a)6., the Caloosahatchee River Watershed Basin
 1939  Management Action Plans must include milestones for
 1940  implementation and water quality improvement, and an associated
 1941  water quality monitoring component sufficient to evaluate
 1942  whether reasonable progress in pollutant load reductions is
 1943  being achieved over time. An assessment of progress toward these
 1944  milestones shall be conducted every 5 years and shall be
 1945  provided to the Governor, the President of the Senate, and the
 1946  Speaker of the House of Representatives. Revisions to the plans
 1947  shall be made, as appropriate, as a result of each 5-year
 1948  review. Revisions to the basin management action plans shall be
 1949  made by the department in cooperation with the basin
 1950  stakeholders. Revisions to best management practices or other
 1951  measures must follow the procedures set forth in s.
 1952  403.067(7)(c)4. Revised basin management action plans must be
 1953  adopted pursuant to s. 403.067(7)(a)5. The department shall
 1954  develop an implementation schedule establishing 5-year, 10-year,
 1955  and 15-year measurable milestones and targets to achieve the
 1956  total maximum daily load no more than 20 years after adoption of
 1957  the plan. The initial implementation schedule shall be used to
 1958  provide guidance for planning and funding purposes and is exempt
 1959  from chapter 120. Upon the first 5-year review, the
 1960  implementation schedule shall be adopted as part of the plans.
 1961  If achieving the total maximum daily load within 20 years is not
 1962  practicable, the implementation schedule must contain an
 1963  explanation of the constraints that prevent achievement of the
 1964  total maximum daily load within 20 years, an estimate of the
 1965  time needed to achieve the total maximum daily load, and
 1966  additional 5-year measurable milestones, as necessary. The
 1967  coordinating agencies shall facilitate the use utilization of
 1968  federal programs that offer opportunities for water quality
 1969  treatment, including preservation, restoration, or creation of
 1970  wetlands on agricultural lands.
 1971         1.a. Nonpoint source best management practices consistent
 1972  with s. 403.067 paragraph (3)(c), designed to achieve the
 1973  objectives of the Caloosahatchee River Watershed Protection
 1974  Program, shall be implemented on an expedited basis. The
 1975  coordinating agencies may develop an intergovernmental agreement
 1976  with local governments to implement the nonagricultural,
 1977  nonpoint-source best management practices within their
 1978  respective geographic boundaries.
 1979         2.b. This subsection does not preclude the department or
 1980  the district from requiring compliance with water quality
 1981  standards, adopted total maximum daily loads, or current best
 1982  management practices requirements set forth in any applicable
 1983  regulatory program authorized by law for the purpose of
 1984  protecting water quality. This subsection applies only to the
 1985  extent that it does not conflict with any rules adopted by the
 1986  department or district which are necessary to maintain a
 1987  federally delegated or approved program.
 1988         3.c. Projects that make use of private lands, or lands held
 1989  in trust for Indian tribes, to reduce pollutant loadings or
 1990  concentrations within a basin, or that reduce the volume of
 1991  harmful discharges by one or more of the following methods:
 1992  restoring the natural hydrology of the basin, restoring wildlife
 1993  habitat or impacted wetlands, reducing peak flows after storm
 1994  events, or increasing aquifer recharge, are eligible for grants
 1995  available under this section from the coordinating agencies.
 1996         4.d. The Caloosahatchee River Watershed Basin Management
 1997  Action Plans Pollutant Control Program shall require assessment
 1998  of current water management practices within the watershed and
 1999  shall require development of recommendations for structural,
 2000  nonstructural, and operational improvements. Such
 2001  recommendations shall consider and balance water supply, flood
 2002  control, estuarine salinity, aquatic habitat, and water quality
 2003  considerations.
 2004         5.e.After December 31, 2007, The department may not
 2005  authorize the disposal of domestic wastewater biosolids
 2006  residuals within the Caloosahatchee River watershed unless the
 2007  applicant can affirmatively demonstrate that the nutrients in
 2008  the biosolids residuals will not add to nutrient loadings in the
 2009  watershed. This demonstration shall be based on achieving a net
 2010  balance between nutrient imports relative to exports on the
 2011  permitted application site. Exports shall include only nutrients
 2012  removed from the watershed through products generated on the
 2013  permitted application site. This prohibition does not apply to
 2014  Class AA biosolids residuals that are marketed and distributed
 2015  as fertilizer products in accordance with department rule.
 2016         6.f. The Department of Health shall require all entities
 2017  disposing of septage within the Caloosahatchee River watershed
 2018  to develop and submit to that agency an agricultural use plan
 2019  that limits applications based upon nutrient loading consistent
 2020  with any basin management action plan adopted pursuant to s.
 2021  403.067. By July 1, 2008, nutrient concentrations originating
 2022  from these application sites may not exceed the limits
 2023  established in the district’s WOD program.
 2024         7.g. The Department of Agriculture and Consumer Services
 2025  shall require initiate rulemaking requiring entities within the
 2026  Caloosahatchee River watershed which land-apply animal manure to
 2027  develop a resource management system level conservation plan,
 2028  according to United States Department of Agriculture criteria,
 2029  which limit such application. Such rules shall may include
 2030  criteria and thresholds for the requirement to develop a
 2031  conservation or nutrient management plan, requirements for plan
 2032  approval, site inspection requirements, and recordkeeping
 2033  requirements.
 2034         8.The district shall initiate rulemaking to provide for a
 2035  monitoring program for nonpoint source dischargers required to
 2036  monitor water quality pursuant to s. 403.067(7)(b)2.g. or s.
 2037  403.067(7)(c)3. The results of such monitoring must be reported
 2038  to the coordinating agencies.
 2039         3. Caloosahatchee River Watershed Research and Water
 2040  Quality Monitoring Program.—The district, in cooperation with
 2041  the other coordinating agencies and local governments, shall
 2042  establish a Caloosahatchee River Watershed Research and Water
 2043  Quality Monitoring Program that builds upon the district’s
 2044  existing research program and that is sufficient to carry out,
 2045  comply with, or assess the plans, programs, and other
 2046  responsibilities created by this subsection. The program shall
 2047  also conduct an assessment of the water volumes and timing from
 2048  the Lake Okeechobee and Caloosahatchee River watersheds and
 2049  their relative contributions to the timing and volume of water
 2050  delivered to the estuary.
 2051         (c)(b)St. Lucie River Watershed Protection Plan.No later
 2052  than January 1, 2009, The district, in cooperation with the
 2053  other coordinating agencies, Martin County, and affected
 2054  counties and municipalities shall complete a plan in accordance
 2055  with this subsection. The St. Lucie River Watershed Protection
 2056  Plan shall identify the geographic extent of the watershed, be
 2057  coordinated as needed with the plans developed pursuant to
 2058  paragraph (3)(a) and paragraph (a) of this subsection, and
 2059  contain an implementation schedule for pollutant load reductions
 2060  consistent with any adopted total maximum daily loads and
 2061  compliance with applicable state water quality standards. The
 2062  plan shall include the St. Lucie River Watershed Construction
 2063  Project and St. Lucie River Watershed Research and Water Quality
 2064  Monitoring Program.:
 2065         1. St. Lucie River Watershed Construction Project.—To
 2066  improve the hydrology, water quality, and aquatic habitats
 2067  within the watershed, the district shall, no later than January
 2068  1, 2012, plan, design, and construct the initial phase of the
 2069  Watershed Construction Project. In doing so, the district shall:
 2070         a. Develop and designate the facilities to be constructed
 2071  to achieve stated goals and objectives of the St. Lucie River
 2072  Watershed Protection Plan.
 2073         b. Identify the size and location of all such facilities.
 2074         c. Provide a construction schedule for all such facilities,
 2075  including the sequencing and specific timeframe for construction
 2076  of each facility.
 2077         d. Provide a schedule for the acquisition of lands or
 2078  sufficient interests necessary to achieve the construction
 2079  schedule.
 2080         e. Provide a schedule of costs and benefits associated with
 2081  each construction project and identify funding sources.
 2082         f. To ensure timely implementation, coordinate the design,
 2083  scheduling, and sequencing of project facilities with the
 2084  coordinating agencies, Martin County, St. Lucie County, other
 2085  interested parties, and other affected local governments.
 2086         2. St. Lucie River Watershed Research and Water Quality
 2087  Monitoring Program.—The district, in cooperation with the other
 2088  coordinating agencies and local governments, shall establish a
 2089  St. Lucie River Watershed Research and Water Quality Monitoring
 2090  Program that builds upon the district’s existing research
 2091  program and that is sufficient to carry out, comply with, or
 2092  assess the plans, programs, and other responsibilities created
 2093  by this subsection. The district shall also conduct an
 2094  assessment of the water volumes and timing from Lake Okeechobee
 2095  and the St. Lucie River watershed and their relative
 2096  contributions to the timing and volume of water delivered to the
 2097  estuary.
 2098         (d)2.St. Lucie River Watershed Basin Management Action
 2099  Plan Pollutant Control Program.The basin management action plan
 2100  for the St. Lucie River watershed adopted pursuant to s. 403.067
 2101  shall be the St. Lucie River Watershed Pollutant Control Program
 2102  and shall be is designed to be a multifaceted approach to
 2103  reducing pollutant loads by improving the management of
 2104  pollutant sources within the St. Lucie River watershed through
 2105  implementation of regulations and best management practices,
 2106  development and implementation of improved best management
 2107  practices, improvement and restoration of the hydrologic
 2108  function of natural and managed systems, and use utilization of
 2109  alternative technologies for pollutant reduction, such as cost
 2110  effective biologically based, hybrid wetland/chemical and other
 2111  innovative nutrient control technologies. As provided in s.
 2112  403.067(7)(a)6., the St. Lucie River Watershed Basin Management
 2113  Action Plan must include milestones for implementation and water
 2114  quality improvement, and an associated water quality monitoring
 2115  component sufficient to evaluate whether reasonable progress in
 2116  pollutant load reductions is being achieved over time. An
 2117  assessment of progress toward these milestones shall be
 2118  conducted every 5 years and shall be provided to the Governor,
 2119  the President of the Senate, and the Speaker of the House of
 2120  Representatives. Revisions to the plan shall be made, as
 2121  appropriate, as a result of each 5-year review. Revisions to the
 2122  basin management action plan shall be made by the department in
 2123  cooperation with the basin stakeholders. Revisions to best
 2124  management practices or other measures must follow the
 2125  procedures set forth in s. 403.067(7)(c)4. Revised basin
 2126  management action plans must be adopted pursuant to s.
 2127  403.067(7)(a)5. The department shall develop an implementation
 2128  schedule establishing 5-year, 10-year, and 15-year measurable
 2129  milestones and targets to achieve the total maximum daily load
 2130  no more than 20 years after adoption of the plan. The initial
 2131  implementation schedule shall be used to provide guidance for
 2132  planning and funding purposes and is exempt from chapter 120.
 2133  Upon the first 5-year review, the implementation schedule shall
 2134  be adopted as part of the plan. If achieving the total maximum
 2135  daily load within 20 years is not practicable, the
 2136  implementation schedule must contain an explanation of the
 2137  constraints that prevent achievement of the total maximum daily
 2138  load within 20 years, an estimate of the time needed to achieve
 2139  the total maximum daily load, and additional 5-year measurable
 2140  milestones, as necessary. The coordinating agencies shall
 2141  facilitate the use utilization of federal programs that offer
 2142  opportunities for water quality treatment, including
 2143  preservation, restoration, or creation of wetlands on
 2144  agricultural lands.
 2145         1.a. Nonpoint source best management practices consistent
 2146  with s. 403.067 paragraph (3)(c), designed to achieve the
 2147  objectives of the St. Lucie River Watershed Protection Program,
 2148  shall be implemented on an expedited basis. The coordinating
 2149  agencies may develop an intergovernmental agreement with local
 2150  governments to implement the nonagricultural nonpoint source
 2151  best management practices within their respective geographic
 2152  boundaries.
 2153         2.b. This subsection does not preclude the department or
 2154  the district from requiring compliance with water quality
 2155  standards, adopted total maximum daily loads, or current best
 2156  management practices requirements set forth in any applicable
 2157  regulatory program authorized by law for the purpose of
 2158  protecting water quality. This subsection applies only to the
 2159  extent that it does not conflict with any rules adopted by the
 2160  department or district which are necessary to maintain a
 2161  federally delegated or approved program.
 2162         3.c. Projects that make use of private lands, or lands held
 2163  in trust for Indian tribes, to reduce pollutant loadings or
 2164  concentrations within a basin, or that reduce the volume of
 2165  harmful discharges by one or more of the following methods:
 2166  restoring the natural hydrology of the basin, restoring wildlife
 2167  habitat or impacted wetlands, reducing peak flows after storm
 2168  events, or increasing aquifer recharge, are eligible for grants
 2169  available under this section from the coordinating agencies.
 2170         4.d. The St. Lucie River Watershed Basin Management Action
 2171  Plan Pollutant Control Program shall require assessment of
 2172  current water management practices within the watershed and
 2173  shall require development of recommendations for structural,
 2174  nonstructural, and operational improvements. Such
 2175  recommendations shall consider and balance water supply, flood
 2176  control, estuarine salinity, aquatic habitat, and water quality
 2177  considerations.
 2178         5.e.After December 31, 2007, The department may not
 2179  authorize the disposal of domestic wastewater biosolids
 2180  residuals within the St. Lucie River watershed unless the
 2181  applicant can affirmatively demonstrate that the nutrients in
 2182  the biosolids residuals will not add to nutrient loadings in the
 2183  watershed. This demonstration shall be based on achieving a net
 2184  balance between nutrient imports relative to exports on the
 2185  permitted application site. Exports shall include only nutrients
 2186  removed from the St. Lucie River watershed through products
 2187  generated on the permitted application site. This prohibition
 2188  does not apply to Class AA biosolids residuals that are marketed
 2189  and distributed as fertilizer products in accordance with
 2190  department rule.
 2191         6.f. The Department of Health shall require all entities
 2192  disposing of septage within the St. Lucie River watershed to
 2193  develop and submit to that agency an agricultural use plan that
 2194  limits applications based upon nutrient loading consistent with
 2195  any basin management action plan adopted pursuant to s. 403.067.
 2196  By July 1, 2008, nutrient concentrations originating from these
 2197  application sites may not exceed the limits established in the
 2198  district’s WOD program.
 2199         7.g. The Department of Agriculture and Consumer Services
 2200  shall initiate rulemaking requiring entities within the St.
 2201  Lucie River watershed which land-apply animal manure to develop
 2202  a resource management system level conservation plan, according
 2203  to United States Department of Agriculture criteria, which limit
 2204  such application. Such rules shall may include criteria and
 2205  thresholds for the requirement to develop a conservation or
 2206  nutrient management plan, requirements for plan approval, site
 2207  inspection requirements, and recordkeeping requirements.
 2208         8.The district shall initiate rulemaking to provide for a
 2209  monitoring program for nonpoint source dischargers required to
 2210  monitor water quality pursuant to s. 403.067(7)(b)2.g. or s.
 2211  403.067(7)(c)3. The results of such monitoring must be reported
 2212  to the coordinating agencies.
 2213         3. St. Lucie River Watershed Research and Water Quality
 2214  Monitoring Program.—The district, in cooperation with the other
 2215  coordinating agencies and local governments, shall establish a
 2216  St. Lucie River Watershed Research and Water Quality Monitoring
 2217  Program that builds upon the district’s existing research
 2218  program and that is sufficient to carry out, comply with, or
 2219  assess the plans, programs, and other responsibilities created
 2220  by this subsection. The program shall also conduct an assessment
 2221  of the water volumes and timing from the Lake Okeechobee and St.
 2222  Lucie River watersheds and their relative contributions to the
 2223  timing and volume of water delivered to the estuary.
 2224         (e)(c)River Watershed Protection Plan implementation.—The
 2225  coordinating agencies shall be jointly responsible for
 2226  implementing the River Watershed Protection Plans, consistent
 2227  with the statutory authority and responsibility of each agency.
 2228  Annual funding priorities shall be jointly established, and the
 2229  highest priority shall be assigned to programs and projects that
 2230  have the greatest potential for achieving the goals and
 2231  objectives of the plans. In determining funding priorities, the
 2232  coordinating agencies shall also consider the need for
 2233  regulatory compliance, the extent to which the program or
 2234  project is ready to proceed, and the availability of federal or
 2235  local government matching funds. Federal and other nonstate
 2236  funding shall be maximized to the greatest extent practicable.
 2237         (f)(d)Evaluation.Beginning By March 1, 2020 2012, and
 2238  every 5 3 years thereafter, concurrent with the updates of the
 2239  basin management action plans adopted pursuant to s. 403.067,
 2240  the department, district in cooperation with the other
 2241  coordinating agencies, shall conduct an evaluation of any
 2242  pollutant load reduction goals, as well as any other specific
 2243  objectives and goals, as stated in the River Watershed
 2244  Protection Programs Plans. Additionally, The district shall
 2245  identify modifications to facilities of the River Watershed
 2246  Construction Projects, as appropriate, or any other elements of
 2247  the River Watershed Protection Programs Plans. The evaluation
 2248  shall be included in the annual progress report submitted
 2249  pursuant to this section.
 2250         (g)(e)Priorities and implementation schedules.—The
 2251  coordinating agencies are authorized and directed to establish
 2252  priorities and implementation schedules for the achievement of
 2253  total maximum daily loads, the requirements of s. 403.067, and
 2254  compliance with applicable water quality standards within the
 2255  waters and watersheds subject to this section.
 2256         (f) Legislative ratification.—The coordinating agencies
 2257  shall submit the River Watershed Protection Plans developed
 2258  pursuant to paragraphs (a) and (b) to the President of the
 2259  Senate and the Speaker of the House of Representatives prior to
 2260  the 2009 legislative session for review. If the Legislature
 2261  takes no action on the plan during the 2009 legislative session,
 2262  the plan is deemed approved and may be implemented.
 2263         (5) ADOPTION AND IMPLEMENTATION OF TOTAL MAXIMUM DAILY
 2264  LOADS AND DEVELOPMENT OF BASIN MANAGEMENT ACTION PLANS.—The
 2265  department is directed to expedite development and adoption of
 2266  total maximum daily loads for the Caloosahatchee River and
 2267  estuary. The department is further directed to, no later than
 2268  December 31, 2008, propose for final agency action total maximum
 2269  daily loads for nutrients in the tidal portions of the
 2270  Caloosahatchee River and estuary. The department shall initiate
 2271  development of basin management action plans for Lake
 2272  Okeechobee, the Caloosahatchee River watershed and estuary, and
 2273  the St. Lucie River watershed and estuary as provided in s.
 2274  403.067 s. 403.067(7)(a) as follows:
 2275         (a) Basin management action plans shall be developed as
 2276  soon as practicable as determined necessary by the department to
 2277  achieve the total maximum daily loads established for the Lake
 2278  Okeechobee watershed and the estuaries.
 2279         (b) The Phase II technical plan development pursuant to
 2280  paragraph (3)(a) (3)(b), and the River Watershed Protection
 2281  Plans developed pursuant to paragraphs (4)(a) and (c)(b), shall
 2282  provide the basis for basin management action plans developed by
 2283  the department.
 2284         (c) As determined necessary by the department in order to
 2285  achieve the total maximum daily loads, additional or modified
 2286  projects or programs that complement those in the legislatively
 2287  ratified plans may be included during the development of the
 2288  basin management action plan.
 2289         (d) As provided in s. 403.067, management strategies and
 2290  pollution reduction requirements set forth in a basin management
 2291  action plan subject to permitting by the department under
 2292  subsection (7) must be completed pursuant to the schedule set
 2293  forth in the basin management action plan, as amended. The
 2294  implementation schedule may extend beyond the 5-year permit
 2295  term.
 2296         (e) As provided in s. 403.067, management strategies and
 2297  pollution reduction requirements set forth in a basin management
 2298  action plan for a specific pollutant of concern are not subject
 2299  to challenge under chapter 120 at the time they are
 2300  incorporated, in an identical form, into a department or
 2301  district issued permit or a permit modification issued in
 2302  accordance with subsection (7).
 2303         (d) Development of basin management action plans that
 2304  implement the provisions of the legislatively ratified plans
 2305  shall be initiated by the department no later than September 30
 2306  of the year in which the applicable plan is ratified. Where a
 2307  total maximum daily load has not been established at the time of
 2308  plan ratification, development of basin management action plans
 2309  shall be initiated no later than 90 days following adoption of
 2310  the applicable total maximum daily load.
 2311         (6) ANNUAL PROGRESS REPORT.—Each March 1 the district, in
 2312  cooperation with the other coordinating agencies, shall report
 2313  on implementation of this section as part of the consolidated
 2314  annual report required in s. 373.036(7). The annual report shall
 2315  include a summary of the conditions of the hydrology, water
 2316  quality, and aquatic habitat in the northern Everglades based on
 2317  the results of the Research and Water Quality Monitoring
 2318  Programs, the status of the Lake Okeechobee Watershed
 2319  Construction Project, the status of the Caloosahatchee River
 2320  Watershed Construction Project, and the status of the St. Lucie
 2321  River Watershed Construction Project. In addition, the report
 2322  shall contain an annual accounting of the expenditure of funds
 2323  from the Save Our Everglades Trust Fund. At a minimum, the
 2324  annual report shall provide detail by program and plan,
 2325  including specific information concerning the amount and use of
 2326  funds from federal, state, or local government sources. In
 2327  detailing the use of these funds, the district shall indicate
 2328  those designated to meet requirements for matching funds. The
 2329  district shall prepare the report in cooperation with the other
 2330  coordinating agencies and affected local governments. The
 2331  department shall report on the status of the Lake Okeechobee
 2332  Basin Management Action Plan, the Caloosahatchee River Watershed
 2333  Basin Management Action Plan, and the St. Lucie River Watershed
 2334  Basin Management Action Plan. The Department of Agriculture and
 2335  Consumer Services shall report on the status of the
 2336  implementation of the agricultural nonpoint source best
 2337  management practices, including an implementation assurance
 2338  report summarizing survey responses and response rates, site
 2339  inspections, and other methods used to verify implementation of
 2340  and compliance with best management practices in the Lake
 2341  Okeechobee, Caloosahatchee River and St. Lucie River watersheds.
 2342         (7) LAKE OKEECHOBEE PROTECTION PERMITS.—
 2343         (a) The Legislature finds that the Lake Okeechobee
 2344  Watershed Protection Program will benefit Lake Okeechobee and
 2345  downstream receiving waters and is in consistent with the public
 2346  interest. The Lake Okeechobee Watershed Construction Project and
 2347  structures discharging into or from Lake Okeechobee shall be
 2348  constructed, operated, and maintained in accordance with this
 2349  section.
 2350         (b) Permits obtained pursuant to this section are in lieu
 2351  of all other permits under this chapter or chapter 403, except
 2352  those issued under s. 403.0885, if applicable. No Additional
 2353  permits are not required for the Lake Okeechobee Watershed
 2354  Construction Project, or structures discharging into or from
 2355  Lake Okeechobee, if such project or structures are permitted
 2356  under this section. Construction activities related to
 2357  implementation of the Lake Okeechobee Watershed Construction
 2358  Project may be initiated before prior to final agency action, or
 2359  notice of intended agency action, on any permit from the
 2360  department under this section.
 2361         (c)1.Within 90 days of completion of the diversion plans
 2362  set forth in Department Consent Orders 91-0694, 91-0707, 91
 2363  0706, 91-0705, and RT50-205564, Owners or operators of existing
 2364  structures which discharge into or from Lake Okeechobee that
 2365  were subject to Department Consent Orders 91-0694, 91-0705, 91
 2366  0706, 91-0707, and RT50-205564 and that are subject to the
 2367  provisions of s. 373.4592(4)(a) do not require a permit under
 2368  this section and shall be governed by permits issued under apply
 2369  for a permit from the department to operate and maintain such
 2370  structures. By September 1, 2000, owners or operators of all
 2371  other existing structures which discharge into or from Lake
 2372  Okeechobee shall apply for a permit from the department to
 2373  operate and maintain such structures. The department shall issue
 2374  one or more such permits for a term of 5 years upon the
 2375  demonstration of reasonable assurance that schedules and
 2376  strategies to achieve and maintain compliance with water quality
 2377  standards have been provided for, to the maximum extent
 2378  practicable, and that operation of the structures otherwise
 2379  complies with provisions of ss. 373.413 and 373.416 and the Lake
 2380  Okeechobee Basin Management Action Plan adopted pursuant to s.
 2381  403.067.
 2382         1. Permits issued under this paragraph shall also contain
 2383  reasonable conditions to ensure that discharges of waters
 2384  through structures:
 2385         a. Are adequately and accurately monitored;
 2386         b. Will not degrade existing Lake Okeechobee water quality
 2387  and will result in an overall reduction of phosphorus input into
 2388  Lake Okeechobee, as set forth in the district’s Technical
 2389  Publication 81-2 and the total maximum daily load established in
 2390  accordance with s. 403.067, to the maximum extent practicable;
 2391  and
 2392         c. Do not pose a serious danger to public health, safety,
 2393  or welfare.
 2394         2. For the purposes of this paragraph, owners and operators
 2395  of existing structures which are subject to the provisions of s.
 2396  373.4592(4)(a) and which discharge into or from Lake Okeechobee
 2397  shall be deemed in compliance with this paragraph the term
 2398  “maximum extent practicable” if they are in full compliance with
 2399  the conditions of permits under chapter chapters 40E-61 and 40E
 2400  63, Florida Administrative Code.
 2401         3. By January 1, 2017 2004, the district shall submit to
 2402  the department a complete application for a permit modification
 2403  to the Lake Okeechobee structure permits to incorporate proposed
 2404  changes necessary to ensure that discharges through the
 2405  structures covered by this permit are consistent with the basin
 2406  management action plan adopted pursuant to achieve state water
 2407  quality standards, including the total maximum daily load
 2408  established in accordance with s. 403.067. These changes shall
 2409  be designed to achieve such compliance with state water quality
 2410  standards no later than January 1, 2015.
 2411         (d) The department shall require permits for district
 2412  regional projects that are part of the Lake Okeechobee Watershed
 2413  Construction Project facilities. However, projects identified in
 2414  sub-subparagraph (3)(b)1.b. that qualify as exempt pursuant to
 2415  s. 373.406 do shall not require need permits under this section.
 2416  Such permits shall be issued for a term of 5 years upon the
 2417  demonstration of reasonable assurances that:
 2418         1. District regional projects that are part of the Lake
 2419  Okeechobee Watershed Construction Project shall facility, based
 2420  upon the conceptual design documents and any subsequent detailed
 2421  design documents developed by the district, will achieve the
 2422  design objectives for phosphorus required in subparagraph
 2423  (3)(a)1. paragraph (3)(b);
 2424         2. For water quality standards other than phosphorus, the
 2425  quality of water discharged from the facility is of equal or
 2426  better quality than the inflows;
 2427         3. Discharges from the facility do not pose a serious
 2428  danger to public health, safety, or welfare; and
 2429         4. Any impacts on wetlands or state-listed species
 2430  resulting from implementation of that facility of the Lake
 2431  Okeechobee Construction Project are minimized and mitigated, as
 2432  appropriate.
 2433         (e) At least 60 days before prior to the expiration of any
 2434  permit issued under this section, the permittee may apply for a
 2435  renewal thereof for a period of 5 years.
 2436         (f) Permits issued under this section may include any
 2437  standard conditions provided by department rule which are
 2438  appropriate and consistent with this section.
 2439         (g) Permits issued under pursuant to this section may be
 2440  modified, as appropriate, upon review and approval by the
 2441  department.
 2442         Section 16. Paragraph (a) of subsection (1) and subsection
 2443  (3) of section 373.467, Florida Statutes, are amended, to read:
 2444         373.467 The Harris Chain of Lakes Restoration Council.
 2445  There is created within the St. Johns River Water Management
 2446  District, with assistance from the Fish and Wildlife
 2447  Conservation Commission and the Lake County Water Authority, the
 2448  Harris Chain of Lakes Restoration Council.
 2449         (1)(a) The council shall consist of nine voting members,
 2450  which shall include: a representative of waterfront property
 2451  owners, a representative of the sport fishing industry, a person
 2452  with experience in an environmental science or regulation
 2453  engineer, a person with training in biology or another
 2454  scientific discipline, a person with training as an attorney, a
 2455  physician, a person with training as an engineer, and two
 2456  residents of the county who are do not required to meet any
 2457  additional of the other qualifications for membership enumerated
 2458  in this paragraph, each to be appointed by the Lake County
 2459  legislative delegation. The Lake County legislative delegation
 2460  may waive the qualifications for membership on a case-by-case
 2461  basis if good cause is shown. A No person serving on the council
 2462  may not be appointed to a council, board, or commission of any
 2463  council advisory group agency. The council members shall serve
 2464  as advisors to the governing board of the St. Johns River Water
 2465  Management District. The council is subject to the provisions of
 2466  chapters 119 and 120.
 2467         (3) The council shall meet at the call of its chair, at the
 2468  request of six of its members, or at the request of the chair of
 2469  the governing board of the St. Johns River Water Management
 2470  District. Resignation by a council member, or failure by a
 2471  council member to attend three consecutive meetings without an
 2472  excuse approved by the chair, results in a vacancy on the
 2473  council.
 2474         Section 17. Paragraphs (a) and (b) of subsection (6) of
 2475  section 373.536, Florida Statutes, are amended to read:
 2476         373.536 District budget and hearing thereon.—
 2477         (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
 2478  WATER RESOURCE DEVELOPMENT WORK PROGRAM.—
 2479         (a) Each district must, by the date specified for each
 2480  item, furnish copies of the following documents to the Governor,
 2481  the President of the Senate, the Speaker of the House of
 2482  Representatives, the chairs of all legislative committees and
 2483  subcommittees having substantive or fiscal jurisdiction over the
 2484  districts, as determined by the President of the Senate or the
 2485  Speaker of the House of Representatives as applicable, the
 2486  secretary of the department, and the governing board of each
 2487  county in which the district has jurisdiction or derives any
 2488  funds for the operations of the district:
 2489         1. The adopted budget, to be furnished within 10 days after
 2490  its adoption.
 2491         2. A financial audit of its accounts and records, to be
 2492  furnished within 10 days after its acceptance by the governing
 2493  board. The audit must be conducted in accordance with s. 11.45
 2494  and the rules adopted thereunder. In addition to the entities
 2495  named above, the district must provide a copy of the audit to
 2496  the Auditor General within 10 days after its acceptance by the
 2497  governing board.
 2498         3. A 5-year capital improvements plan, to be included in
 2499  the consolidated annual report required by s. 373.036(7). The
 2500  plan must include expected sources of revenue for planned
 2501  improvements and must be prepared in a manner comparable to the
 2502  fixed capital outlay format set forth in s. 216.043.
 2503         4. A 5-year water resource development work program to be
 2504  furnished within 30 days after the adoption of the final budget.
 2505  The program must describe the district’s implementation strategy
 2506  and include an annual funding plan for each of the 5 years
 2507  included in the plan for the water resource and, water supply,
 2508  development components, including and alternative water supply
 2509  development, components of each approved regional water supply
 2510  plan developed or revised under s. 373.709. The work program
 2511  must address all the elements of the water resource development
 2512  component in the district’s approved regional water supply
 2513  plans, as well as the water supply projects proposed for
 2514  district funding and assistance. The annual funding plan shall
 2515  identify both anticipated available district funding and
 2516  additional funding needs for the second through fifth years of
 2517  the funding plan. The work program and must identify projects in
 2518  the work program which will provide water; explain how each
 2519  water resource and, water supply, and alternative water supply
 2520  development project will produce additional water available for
 2521  consumptive uses; estimate the quantity of water to be produced
 2522  by each project; and provide an assessment of the contribution
 2523  of the district’s regional water supply plans in supporting the
 2524  implementation of minimum flows and minimum water levels and
 2525  water reservations; and ensure providing sufficient water is
 2526  available needed to timely meet the water supply needs of
 2527  existing and future reasonable-beneficial uses for a 1-in-10
 2528  year drought event and to avoid the adverse effects of
 2529  competition for water supplies.
 2530         (b) Within 30 days after its submittal, the department
 2531  shall review the proposed work program and submit its findings,
 2532  questions, and comments to the district. The review must include
 2533  a written evaluation of the program’s consistency with the
 2534  furtherance of the district’s approved regional water supply
 2535  plans, and the adequacy of proposed expenditures. As part of the
 2536  review, the department shall post the proposed work program on
 2537  its website and give interested parties the opportunity to
 2538  provide written comments on each district’s proposed work
 2539  program. Within 45 days after receipt of the department’s
 2540  evaluation, the governing board shall state in writing to the
 2541  department which of the changes recommended in the evaluation it
 2542  will incorporate into its work program submitted as part of the
 2543  March 1 consolidated annual report required by s. 373.036(7) or
 2544  specify the reasons for not incorporating the changes. The
 2545  department shall include the district’s responses in a final
 2546  evaluation report and shall submit a copy of the report to the
 2547  Governor, the President of the Senate, and the Speaker of the
 2548  House of Representatives.
 2549         Section 18. Subsection (9) of section 373.703, Florida
 2550  Statutes, is amended to read:
 2551         373.703 Water production; general powers and duties.—In the
 2552  performance of, and in conjunction with, its other powers and
 2553  duties, the governing board of a water management district
 2554  existing pursuant to this chapter:
 2555         (9) May join with one or more other water management
 2556  districts, counties, municipalities, special districts, publicly
 2557  owned or privately owned water utilities, multijurisdictional
 2558  water supply entities, regional water supply authorities,
 2559  private landowners, or self-suppliers for the purpose of
 2560  carrying out its powers, and may contract with such other
 2561  entities to finance acquisitions, construction, operation, and
 2562  maintenance, provided that such contracts are consistent with
 2563  the public interest. The contract may provide for contributions
 2564  to be made by each party to the contract for the division and
 2565  apportionment of the expenses of acquisitions, construction,
 2566  operation, and maintenance, and for the division and
 2567  apportionment of resulting benefits, services, and products. The
 2568  contracts may contain other covenants and agreements necessary
 2569  and appropriate to accomplish their purposes.
 2570         Section 19. Paragraph (b) of subsection (2), subsection
 2571  (3), and paragraph (b) of subsection (4) of section 373.705,
 2572  Florida Statutes, are amended, and subsection (5) is added to
 2573  that section, to read:
 2574         373.705 Water resource development; water supply
 2575  development.—
 2576         (2) It is the intent of the Legislature that:
 2577         (b) Water management districts take the lead in identifying
 2578  and implementing water resource development projects, and be
 2579  responsible for securing necessary funding for regionally
 2580  significant water resource development projects, including
 2581  regionally significant projects that prevent or limit adverse
 2582  water resource impacts, avoid competition among water users, or
 2583  support the provision of new water supplies in order to meet a
 2584  minimum flow or minimum water level or to implement a recovery
 2585  or prevention strategy or water reservation.
 2586         (3)(a) The water management districts shall fund and
 2587  implement water resource development as defined in s. 373.019.
 2588  The water management districts are encouraged to implement water
 2589  resource development as expeditiously as possible in areas
 2590  subject to regional water supply plans.
 2591         (b) Each governing board shall include in its annual budget
 2592  submittals required under this chapter:
 2593         1. The amount of funds for each project in the annual
 2594  funding plan developed pursuant to s. 373.536(6)(a)4.; and
 2595         2. The total amount needed for the fiscal year to implement
 2596  water resource development projects, as prioritized in its
 2597  regional water supply plans.
 2598         (4)
 2599         (b) Water supply development projects that meet the
 2600  criteria in paragraph (a) and that meet one or more of the
 2601  following additional criteria shall be given first consideration
 2602  for state or water management district funding assistance:
 2603         1. The project brings about replacement of existing sources
 2604  in order to help implement a minimum flow or minimum water
 2605  level; or
 2606         2. The project implements reuse that assists in the
 2607  elimination of domestic wastewater ocean outfalls as provided in
 2608  s. 403.086(9); or
 2609         3. The project reduces or eliminates the adverse effects of
 2610  competition between legal users and the natural system.
 2611         (5) The water management districts shall promote expanded
 2612  cost-share criteria for additional conservation practices, such
 2613  as soil and moisture sensors and other irrigation improvements,
 2614  water-saving equipment, and water-saving household fixtures, and
 2615  software technologies that can achieve verifiable water
 2616  conservation by providing water use information to utility
 2617  customers.
 2618         Section 20. Paragraph (f) of subsection (3), paragraph (a)
 2619  of subsection (6), and paragraph (e) of subsection (8) of
 2620  section 373.707, Florida Statutes, are amended to read:
 2621         373.707 Alternative water supply development.—
 2622         (3) The primary roles of the water management districts in
 2623  water resource development as it relates to supporting
 2624  alternative water supply development are:
 2625         (f) The provision of technical and financial assistance to
 2626  local governments and publicly owned and privately owned water
 2627  utilities for alternative water supply projects and to self
 2628  suppliers for alternative water supply projects to the extent
 2629  that such assistance to self-suppliers promotes the policies in
 2630  paragraph (1)(f).
 2631         (6)(a) If state The statewide funds are provided through
 2632  specific appropriation or pursuant to the Water Protection and
 2633  Sustainability Program, such funds serve to supplement existing
 2634  water management district or basin board funding for alternative
 2635  water supply development assistance and should not result in a
 2636  reduction of such funding. For each project identified in the
 2637  annual funding plans prepared pursuant to s. 373.536(6)(a)4.
 2638  Therefore, the water management districts shall include in the
 2639  annual tentative and adopted budget submittals required under
 2640  this chapter the amount of funds allocated for water resource
 2641  development that supports alternative water supply development
 2642  and the funds allocated for alternative water supply projects
 2643  selected for inclusion in the Water Protection and
 2644  Sustainability Program. It shall be the goal of each water
 2645  management district and basin boards that the combined funds
 2646  allocated annually for these purposes be, at a minimum, the
 2647  equivalent of 100 percent of the state funding provided to the
 2648  water management district for alternative water supply
 2649  development. If this goal is not achieved, the water management
 2650  district shall provide in the budget submittal an explanation of
 2651  the reasons or constraints that prevent this goal from being
 2652  met, an explanation of how the goal will be met in future years,
 2653  and affirmation of match is required during the budget review
 2654  process as established under s. 373.536(5). The Suwannee River
 2655  Water Management District and the Northwest Florida Water
 2656  Management District shall not be required to meet the match
 2657  requirements of this paragraph; however, they shall try to
 2658  achieve the match requirement to the greatest extent
 2659  practicable.
 2660         (8)
 2661         (e) Applicants for projects that may receive funding
 2662  assistance pursuant to the Water Protection and Sustainability
 2663  Program shall, at a minimum, be required to pay 60 percent of
 2664  the project’s construction costs. The water management districts
 2665  may, at their discretion, totally or partially waive this
 2666  requirement for projects sponsored by:
 2667         1. Financially disadvantaged small local governments as
 2668  defined in former s. 403.885(5); or
 2669         2. Water users for projects determined by a water
 2670  management district governing board to be in the public interest
 2671  pursuant to paragraph (1)(f), if the projects are not otherwise
 2672  financially feasible.
 2673  
 2674  The water management districts or basin boards may, at their
 2675  discretion, use ad valorem or federal revenues to assist a
 2676  project applicant in meeting the requirements of this paragraph.
 2677         Section 21. Subsection (2) and paragraphs (a) and (e) of
 2678  subsection (6) of section 373.709, Florida Statutes, are amended
 2679  to read:
 2680         373.709 Regional water supply planning.—
 2681         (2) Each regional water supply plan must be based on at
 2682  least a 20-year planning period and must include, but need not
 2683  be limited to:
 2684         (a) A water supply development component for each water
 2685  supply planning region identified by the district which
 2686  includes:
 2687         1. A quantification of the water supply needs for all
 2688  existing and future reasonable-beneficial uses within the
 2689  planning horizon. The level-of-certainty planning goal
 2690  associated with identifying the water supply needs of existing
 2691  and future reasonable-beneficial uses must be based upon meeting
 2692  those needs for a 1-in-10-year drought event.
 2693         a. Population projections used for determining public water
 2694  supply needs must be based upon the best available data. In
 2695  determining the best available data, the district shall consider
 2696  the University of Florida Florida’s Bureau of Economic and
 2697  Business Research (BEBR) medium population projections and
 2698  population projection data and analysis submitted by a local
 2699  government pursuant to the public workshop described in
 2700  subsection (1) if the data and analysis support the local
 2701  government’s comprehensive plan. Any adjustment of or deviation
 2702  from the BEBR projections must be fully described, and the
 2703  original BEBR data must be presented along with the adjusted
 2704  data.
 2705         b. Agricultural demand projections used for determining the
 2706  needs of agricultural self-suppliers must be based upon the best
 2707  available data. In determining the best available data for
 2708  agricultural self-supplied water needs, the district shall
 2709  consider the data indicative of future water supply demands
 2710  provided by the Department of Agriculture and Consumer Services
 2711  pursuant to s. 570.93 and agricultural demand projection data
 2712  and analysis submitted by a local government pursuant to the
 2713  public workshop described in subsection (1), if the data and
 2714  analysis support the local government’s comprehensive plan. Any
 2715  adjustment of or deviation from the data provided by the
 2716  Department of Agriculture and Consumer Services must be fully
 2717  described, and the original data must be presented along with
 2718  the adjusted data.
 2719         2. A list of water supply development project options,
 2720  including traditional and alternative water supply project
 2721  options that are technically and financially feasible, from
 2722  which local government, government-owned and privately owned
 2723  utilities, regional water supply authorities,
 2724  multijurisdictional water supply entities, self-suppliers, and
 2725  others may choose for water supply development. In addition to
 2726  projects listed by the district, such users may propose specific
 2727  projects for inclusion in the list of alternative water supply
 2728  projects. If such users propose a project to be listed as an
 2729  alternative water supply project, the district shall determine
 2730  whether it meets the goals of the plan, and, if so, it shall be
 2731  included in the list. The total capacity of the projects
 2732  included in the plan must exceed the needs identified in
 2733  subparagraph 1. and take into account water conservation and
 2734  other demand management measures, as well as water resources
 2735  constraints, including adopted minimum flows and minimum water
 2736  levels and water reservations. Where the district determines it
 2737  is appropriate, the plan should specifically identify the need
 2738  for multijurisdictional approaches to project options that,
 2739  based on planning level analysis, are appropriate to supply the
 2740  intended uses and that, based on such analysis, appear to be
 2741  permittable and financially and technically feasible. The list
 2742  of water supply development options must contain provisions that
 2743  recognize that alternative water supply options for agricultural
 2744  self-suppliers are limited.
 2745         3. For each project option identified in subparagraph 2.,
 2746  the following must be provided:
 2747         a. An estimate of the amount of water to become available
 2748  through the project.
 2749         b. The timeframe in which the project option should be
 2750  implemented and the estimated planning-level costs for capital
 2751  investment and operating and maintaining the project.
 2752         c. An analysis of funding needs and sources of possible
 2753  funding options. For alternative water supply projects, the
 2754  water management districts shall provide funding assistance
 2755  pursuant to s. 373.707(8).
 2756         d. Identification of the entity that should implement each
 2757  project option and the current status of project implementation.
 2758         (b) A water resource development component that includes:
 2759         1. A listing of those water resource development projects
 2760  that support water supply development for all existing and
 2761  future reasonable-beneficial uses as described in paragraph
 2762  (2)(a) and for the natural systems as identified in the recovery
 2763  or prevention strategies for adopted minimum flows and minimum
 2764  water levels or water reservations.
 2765         2. For each water resource development project listed:
 2766         a. An estimate of the amount of water to become available
 2767  through the project for all existing and future reasonable
 2768  beneficial uses as described in paragraph (2)(a) and for the
 2769  natural systems as identified in the recovery or prevention
 2770  strategies for adopted minimum flows and minimum water levels or
 2771  water reservations.
 2772         b. The timeframe in which the project option should be
 2773  implemented and the estimated planning-level costs for capital
 2774  investment and for operating and maintaining the project.
 2775         c. An analysis of funding needs and sources of possible
 2776  funding options.
 2777         d. Identification of the entity that should implement each
 2778  project option and the current status of project implementation.
 2779         (c) The recovery and prevention strategy described in s.
 2780  373.0421(2).
 2781         (d) A funding strategy for water resource development
 2782  projects, which shall be reasonable and sufficient to pay the
 2783  cost of constructing or implementing all of the listed projects.
 2784         (e) Consideration of how the project options addressed in
 2785  paragraph (a) serve the public interest or save costs overall by
 2786  preventing the loss of natural resources or avoiding greater
 2787  future expenditures for water resource development or water
 2788  supply development. However, unless adopted by rule, these
 2789  considerations do not constitute final agency action.
 2790         (f) The technical data and information applicable to each
 2791  planning region which are necessary to support the regional
 2792  water supply plan.
 2793         (g) The minimum flows and minimum water levels established
 2794  for water resources within each planning region.
 2795         (h) Reservations of water adopted by rule pursuant to s.
 2796  373.223(4) within each planning region.
 2797         (i) Identification of surface waters or aquifers for which
 2798  minimum flows and minimum water levels are scheduled to be
 2799  adopted.
 2800         (j) An analysis, developed in cooperation with the
 2801  department, of areas or instances in which the variance
 2802  provisions of s. 378.212(1)(g) or s. 378.404(9) may be used to
 2803  create water supply development or water resource development
 2804  projects.
 2805         (k) An assessment of how the regional water supply plan and
 2806  the projects identified in the funding plans prepared pursuant
 2807  to sub-subparagraphs (a)3.c. and (b)2.c. support the recovery or
 2808  prevention strategies for implementation of adopted minimum
 2809  flows and minimum water levels or water reservations, including
 2810  minimum flows and minimum water levels for Outstanding Florida
 2811  Springs adopted pursuant to s. 373.805; while ensuring that
 2812  sufficient water will be available for all existing and future
 2813  reasonable-beneficial uses and the natural systems identified
 2814  herein; and that the adverse effects of competition for water
 2815  supplies will be avoided.
 2816         (6) Annually and in conjunction with the reporting
 2817  requirements of s. 373.536(6)(a)4., the department shall submit
 2818  to the Governor and the Legislature a report on the status of
 2819  regional water supply planning in each district. The report
 2820  shall include:
 2821         (a) A compilation of the estimated costs of and an analysis
 2822  of the sufficiency of potential sources of funding from all
 2823  sources for water resource development and water supply
 2824  development projects as identified in the water management
 2825  district regional water supply plans.
 2826         (e) An overall assessment of the progress being made to
 2827  develop water supply in each district, including, but not
 2828  limited to, an explanation of how each project in the 5-year
 2829  water resource development work program developed pursuant to s.
 2830  373.536(6)(a)4., either alternative or traditional, will
 2831  produce, contribute to, or account for additional water being
 2832  made available for consumptive uses, minimum flows and minimum
 2833  water levels, or water reservations; an estimate of the quantity
 2834  of water to be produced by each project;, and an assessment of
 2835  the contribution of the district’s regional water supply plan in
 2836  providing sufficient water to meet the needs of existing and
 2837  future reasonable-beneficial uses for a 1-in-10-year drought
 2838  event, as well as the needs of the natural systems.
 2839         Section 22. Part VIII of chapter 373, Florida Statutes,
 2840  consisting of ss. 373.801-373.813, Florida Statutes, is created
 2841  and entitled the “Florida Springs and Aquifer Protection Act.”
 2842         Section 23. Section 373.801, Florida Statutes, is created
 2843  to read:
 2844         373.801Legislative findings and intent.—
 2845         (1)The Legislature finds that springs are a unique part of
 2846  this state’s scenic beauty. Springs provide critical habitat for
 2847  plants and animals, including many endangered or threatened
 2848  species. Springs also provide immeasurable natural,
 2849  recreational, economic, and inherent value. Springs are of great
 2850  scientific importance in understanding the diverse functions of
 2851  aquatic ecosystems. Water quality of springs is an indicator of
 2852  local conditions of the Floridan Aquifer, which is a source of
 2853  drinking water for many residents of this state. Water flows in
 2854  springs may reflect regional aquifer conditions. In addition,
 2855  springs provide recreational opportunities for swimming,
 2856  canoeing, wildlife watching, fishing, cave diving, and many
 2857  other activities in this state. These recreational opportunities
 2858  and the accompanying tourism they provide are a benefit to local
 2859  economies and the economy of the state as a whole.
 2860         (2) The Legislature finds that the water quantity and water
 2861  quality in springs may be related. For regulatory purposes, the
 2862  department has primary responsibility for water quality; the
 2863  water management districts have primary responsibility for water
 2864  quantity; and the Department of Agriculture and Consumer
 2865  Services has primary responsibility for the development and
 2866  implementation of agricultural best management practices. Local
 2867  governments have primary responsibility for providing domestic
 2868  wastewater collection and treatment services and stormwater
 2869  management. The foregoing responsible entities must coordinate
 2870  to restore and maintain the water quantity and water quality of
 2871  the Outstanding Florida Springs.
 2872         (3) The Legislature recognizes that:
 2873         (a)A spring is only as healthy as its aquifer system. The
 2874  groundwater that supplies springs is derived from water that
 2875  recharges the aquifer system in the form of seepage from the
 2876  land surface and through direct conduits, such as sinkholes.
 2877  Springs may be adversely affected by polluted runoff from urban
 2878  and agricultural lands; discharges resulting from inadequate
 2879  wastewater and stormwater management practices; stormwater
 2880  runoff; and reduced water levels of the Floridan Aquifer. As a
 2881  result, the hydrologic and environmental conditions of a spring
 2882  or spring run are directly influenced by activities and land
 2883  uses within a springshed and by water withdrawals from the
 2884  Floridan Aquifer.
 2885         (b)Springs, whether found in urban or rural settings, or
 2886  on public or private lands, may be threatened by actual or
 2887  potential flow reductions and declining water quality. Many of
 2888  this state’s springs are demonstrating signs of significant
 2889  ecological imbalance, increased nutrient loading, and declining
 2890  flow. Without effective remedial action, further declines in
 2891  water quality and water quantity may occur.
 2892         (c)Springshed boundaries and areas of high vulnerability
 2893  within a springshed need to be identified and delineated using
 2894  the best available data.
 2895         (d)Springsheds typically cross water management district
 2896  boundaries and local government jurisdictional boundaries, so a
 2897  coordinated statewide springs protection plan is needed.
 2898         (e)The aquifers and springs of this state are complex
 2899  systems affected by many variables and influences.
 2900         (4)The Legislature recognizes that action is urgently
 2901  needed and, as additional data is acquired, action must be
 2902  modified.
 2903         Section 24. Section 373.802, Florida Statutes, is created
 2904  to read:
 2905         373.802 Definitions.—As used in this part, the term:
 2906         (1)“Department” means the Department of Environmental
 2907  Protection, which includes the Florida Geological Survey or its
 2908  successor agencies.
 2909         (2)“Local government” means a county or municipal
 2910  government the jurisdictional boundaries of which include an
 2911  Outstanding Florida Spring or any part of a springshed or
 2912  delineated priority focus area of an Outstanding Florida Spring.
 2913         (3)“Onsite sewage treatment and disposal system” means a
 2914  system that contains a standard subsurface, filled, or mound
 2915  drainfield system; an aerobic treatment unit; a graywater system
 2916  tank; a laundry wastewater system tank; a septic tank; a grease
 2917  interceptor; a pump tank; a solids or effluent pump; a
 2918  waterless, incinerating, or organic waste-composting toilet; or
 2919  a sanitary pit privy that is installed or proposed to be
 2920  installed beyond the building sewer on land of the owner or on
 2921  other land on which the owner has the legal right to install
 2922  such system. The term includes any item placed within, or
 2923  intended to be used as a part of or in conjunction with, the
 2924  system. The term does not include package sewage treatment
 2925  facilities and other treatment works regulated under chapter
 2926  403.
 2927         (4)“Outstanding Florida Spring” includes all historic
 2928  first magnitude springs, including their associated spring runs,
 2929  as determined by the department using the most recent Florida
 2930  Geological Survey springs bulletin, and the following additional
 2931  springs, including their associated spring runs:
 2932         (a)De Leon Springs;
 2933         (b)Peacock Springs;
 2934         (c) Poe Springs;
 2935         (d)Rock Springs;
 2936         (e)Wekiwa Springs; and
 2937         (f) Gemini Springs.
 2938  
 2939  The term does not include submarine springs or river rises.
 2940         (5)“Priority focus area” means the area or areas of a
 2941  basin where the Floridan Aquifer is generally most vulnerable to
 2942  pollutant inputs where there is a known connectivity between
 2943  groundwater pathways and an Outstanding Florida Spring, as
 2944  determined by the department in consultation with the
 2945  appropriate water management districts, and delineated in a
 2946  basin management action plan.
 2947         (6)“Springshed” means the areas within the groundwater and
 2948  surface water basins which contribute, based upon all relevant
 2949  facts, circumstances, and data, to the discharge of a spring as
 2950  defined by potentiometric surface maps and surface watershed
 2951  boundaries.
 2952         (7)“Spring run” means a body of flowing water that
 2953  originates from a spring or whose primary source of water is a
 2954  spring or springs under average rainfall conditions.
 2955         (8) “Spring vent” means a location where groundwater flows
 2956  out of a natural, discernible opening in the ground onto the
 2957  land surface or into a predominantly fresh surface water body.
 2958         Section 25. Section 373.803, Florida Statutes, is created
 2959  to read:
 2960         373.803 Delineation of priority focus areas for Outstanding
 2961  Florida Springs.—Using the best data available from the water
 2962  management districts and other credible sources, the department,
 2963  in coordination with the water management districts, shall
 2964  delineate priority focus areas for each Outstanding Florida
 2965  Spring or group of springs that contains one or more Outstanding
 2966  Florida Springs and is identified as impaired in accordance with
 2967  s. 373.807. In delineating priority focus areas, the department
 2968  shall consider groundwater travel time to the spring,
 2969  hydrogeology, nutrient load, and any other factors that may lead
 2970  to degradation of an Outstanding Florida Spring. The delineation
 2971  of priority focus areas must be completed by July 1, 2018, shall
 2972  use understood and identifiable boundaries such as roads or
 2973  political jurisdictions for ease of implementation, and is
 2974  effective upon incorporation in a basin management action plan.
 2975         Section 26. Section 373.805, Florida Statutes, is created
 2976  to read:
 2977         373.805 Minimum flows and minimum water levels for
 2978  Outstanding Florida Springs.—
 2979         (1)At the time a minimum flow or minimum water level is
 2980  adopted pursuant to s. 373.042 for an Outstanding Florida
 2981  Spring, if the spring is below or is projected within 20 years
 2982  to fall below the minimum flow or minimum water level, a water
 2983  management district or the department shall concurrently adopt a
 2984  recovery or prevention strategy.
 2985         (2) When a minimum flow or minimum water level for an
 2986  Outstanding Florida Spring is revised pursuant to s.
 2987  373.0421(3), if the spring is below or is projected within 20
 2988  years to fall below the minimum flow or minimum water level, a
 2989  water management district or the department shall concurrently
 2990  adopt a recovery or prevention strategy or modify an existing
 2991  recovery or prevention strategy. A district or the department
 2992  may adopt the revised minimum flow or minimum water level before
 2993  the adoption of a recovery or prevention strategy if the revised
 2994  minimum flow or minimum water level is less constraining on
 2995  existing or projected future consumptive uses.
 2996         (3) For an Outstanding Florida Spring without an adopted
 2997  recovery or prevention strategy, if a district or the department
 2998  determines the spring has fallen below, or is projected within
 2999  20 years to fall below, the adopted minimum flow or minimum
 3000  water level, a water management district or the department shall
 3001  expeditiously adopt a recovery or prevention strategy.
 3002         (4) The recovery or prevention strategy for each
 3003  Outstanding Florida Spring must, at a minimum, include:
 3004         (a) A listing of all specific projects identified for
 3005  implementation of the plan;
 3006         (b) A priority listing of each project;
 3007         (c) For each listed project, the estimated cost of and the
 3008  estimated date of completion;
 3009         (d) The source and amount of financial assistance to be
 3010  made available by the water management district for each listed
 3011  project, which may not be less than 25 percent of the total
 3012  project cost unless a specific funding source or sources are
 3013  identified which will provide more than 75 percent of the total
 3014  project cost. The Northwest Florida Water Management District
 3015  and the Suwannee River Water Management District are not
 3016  required to meet the minimum requirement to receive financial
 3017  assistance pursuant to this paragraph;
 3018         (e) An estimate of each listed project’s benefit to an
 3019  Outstanding Florida Spring; and
 3020         (f) An implementation plan designed with a target to
 3021  achieve the adopted minimum flow or minimum water level no more
 3022  than 20 years after the adoption of a recovery or prevention
 3023  strategy.
 3024  
 3025  The water management district or the department shall develop a
 3026  schedule establishing 5-year, 10-year, and 15-year targets for
 3027  achieving the adopted minimum flows or minimum water levels. The
 3028  schedule shall be used to provide guidance for planning and
 3029  funding purposes and is exempt from chapter 120.
 3030         (5) A local government may apply to the department for a
 3031  single extension of up to 5 years for any project in an adopted
 3032  recovery or prevention strategy. The department may grant the
 3033  extension if the local government provides to the department
 3034  sufficient evidence that an extension is in the best interest of
 3035  the public. For a local government in a rural area of
 3036  opportunity, as defined in s. 288.0656, the department may grant
 3037  a single extension of up to 10 years.
 3038         Section 27. Section 373.807, Florida Statutes, is created
 3039  to read:
 3040         373.807 Protection of water quality in Outstanding Florida
 3041  Springs.—By July 1, 2016, the department shall initiate
 3042  assessment, pursuant to s. 403.067(3), of Outstanding Florida
 3043  Springs or spring systems for which an impairment determination
 3044  has not been made under the numeric nutrient standards in effect
 3045  for spring vents. Assessments must be completed by July 1, 2018.
 3046         (1)(a) Concurrent with the adoption of a nutrient total
 3047  maximum daily load for an Outstanding Florida Spring, the
 3048  department, or the department in conjunction with a water
 3049  management district, shall initiate development of a basin
 3050  management action plan, as specified in s. 403.067. For an
 3051  Outstanding Florida Spring with a nutrient total maximum daily
 3052  load adopted before July 1, 2016, the department, or the
 3053  department in conjunction with a water management district,
 3054  shall initiate development of a basin management action plan by
 3055  July 1, 2016. During the development of a basin management
 3056  action plan, if the department identifies onsite sewage
 3057  treatment and disposal systems as contributors of at least 20
 3058  percent of nonpoint source nitrogen pollution or if the
 3059  department determines remediation is necessary to achieve the
 3060  total maximum daily load, the basin management action plan shall
 3061  include an onsite sewage treatment and disposal system
 3062  remediation plan pursuant to subsection (3) for those systems
 3063  identified as requiring remediation.
 3064         (b) A basin management action plan for an Outstanding
 3065  Florida Spring shall be adopted within 2 years after its
 3066  initiation and must include, at a minimum:
 3067         1. A list of all specific projects and programs identified
 3068  to implement a nutrient total maximum daily load;
 3069         2. A list of all specific projects identified in any
 3070  incorporated onsite sewage treatment and disposal system
 3071  remediation plan, if applicable;
 3072         3. A priority rank for each listed project;
 3073         4.For each listed project, a planning level cost estimate
 3074  and the estimated date of completion;
 3075         5. The source and amount of financial assistance to be made
 3076  available by the department, a water management district, or
 3077  other entity for each listed project;
 3078         6.An estimate of each listed project’s nutrient load
 3079  reduction;
 3080         7.Identification of each point source or category of
 3081  nonpoint sources, including, but not limited to, urban turf
 3082  fertilizer, sports turf fertilizer, agricultural fertilizer,
 3083  onsite sewage treatment and disposal systems, wastewater
 3084  treatment facilities, animal wastes, and stormwater facilities.
 3085  An estimated allocation of the pollutant load must be provided
 3086  for each point source or category of nonpoint sources; and
 3087         8. An implementation plan designed with a target to achieve
 3088  the nutrient total maximum daily load no more than 20 years
 3089  after the adoption of a basin management action plan.
 3090  
 3091  The department shall develop a schedule establishing 5-year, 10
 3092  year, and 15-year targets for achieving the nutrient total
 3093  maximum daily load. The schedule shall be used to provide
 3094  guidance for planning and funding purposes and is exempt from
 3095  chapter 120.
 3096         (c) For a basin management action plan adopted before July
 3097  1, 2016, which addresses an Outstanding Florida Spring, the
 3098  department or the department in conjunction with a water
 3099  management district must revise the plan if necessary to comply
 3100  with this section by July 1, 2018.
 3101         (d) A local government may apply to the department for a
 3102  single extension of up to 5 years for any project in an adopted
 3103  basin management action plan. A local government in a rural area
 3104  of opportunity, as defined in s. 288.0656, may apply for a
 3105  single extension of up to 10 years for such a project. The
 3106  department may grant the extension if the local government
 3107  provides to the department sufficient evidence that an extension
 3108  is in the best interest of the public.
 3109         (2) By July 1, 2017, each local government, as defined in
 3110  s. 373.802(2), that has not adopted an ordinance pursuant to s.
 3111  403.9337, shall develop, enact, and implement an ordinance
 3112  pursuant to that section. It is the intent of the Legislature
 3113  that ordinances required to be adopted under this subsection
 3114  reflect the latest scientific information, advancements, and
 3115  technological improvements in the industry.
 3116         (3)As part of a basin management action plan that includes
 3117  an Outstanding Florida Spring, the department, the Department of
 3118  Health, relevant local governments, and relevant local public
 3119  and private wastewater utilities, shall develop an onsite sewage
 3120  treatment and disposal system remediation plan for a spring if
 3121  the department determines onsite sewage treatment and disposal
 3122  systems within a priority focus area contribute at least 20
 3123  percent of nonpoint source nitrogen pollution or if the
 3124  department determines remediation is necessary to achieve the
 3125  total daily maximum load. The plan shall identify cost-effective
 3126  and financially feasible projects necessary to reduce the
 3127  nutrient impacts from onsite sewage treatment and disposal
 3128  systems and shall be completed and adopted as part of the basin
 3129  management action plan no later than the first 5-year milestone
 3130  required by subparagraph (1)(b)8. The department is the lead
 3131  agency in coordinating the preparation of and the adoption of
 3132  the plan. The department shall:
 3133         (a)Collect and evaluate credible scientific information on
 3134  the effect of nutrients, particularly forms of nitrogen, on
 3135  springs and springs systems; and
 3136         (b)Develop a public education plan to provide area
 3137  residents with reliable, understandable information about onsite
 3138  sewage treatment and disposal systems and springs.
 3139  
 3140  In addition to the requirements in s. 403.067, the plan shall
 3141  include options for repair, upgrade, replacement, drainfield
 3142  modification, addition of effective nitrogen reducing features,
 3143  connection to a central sewerage system, or other action for an
 3144  onsite sewage treatment and disposal system or group of systems
 3145  within a priority focus area that contribute at least 20 percent
 3146  of nonpoint source nitrogen pollution or if the department
 3147  determines remediation is necessary to achieve a total maximum
 3148  daily load. For these systems, the department shall include in
 3149  the plan a priority ranking for each system or group of systems
 3150  that requires remediation and shall award funds to implement the
 3151  remediation projects contingent on an appropriation in the
 3152  General Appropriations Act, which may include all or part of the
 3153  costs necessary for repair, upgrade, replacement, drainfield
 3154  modification, addition of effective nitrogen reducing features,
 3155  initial connection to a central sewerage system, or other
 3156  action. In awarding funds, the department may consider expected
 3157  nutrient reduction benefit per unit cost, size and scope of
 3158  project, relative local financial contribution to the project,
 3159  financial impact on property owners and the community. The
 3160  department may waive matching funding requirements for proposed
 3161  projects within an area designated as a rural area of
 3162  opportunity under s. 288.0656.
 3163         (4)The department shall provide notice to a local
 3164  government of all permit applicants under s. 403.814(12) in a
 3165  priority focus area of an Outstanding Florida Spring over which
 3166  the local government has full or partial jurisdiction.
 3167         Section 28. Section 373.811, Florida Statutes, is created
 3168  to read:
 3169         373.811 Prohibited activities within a priority focus
 3170  area.—The following activities are prohibited within a priority
 3171  focus area in effect for an Outstanding Florida Spring:
 3172         (1) New domestic wastewater disposal facilities, including
 3173  rapid infiltration basins, with permitted capacities of 100,000
 3174  gallons per day or more, except for those facilities that meet
 3175  an advanced wastewater treatment standard of no more than 3 mg/l
 3176  total nitrogen, expressed as N, on an annual permitted basis, or
 3177  a more stringent treatment standard if the department determines
 3178  the more stringent standard is necessary to attain a total
 3179  maximum daily load for the Outstanding Florida Spring.
 3180         (2) New onsite sewage treatment and disposal systems on
 3181  lots of less than 1 acre, if the addition of the specific
 3182  systems conflicts with an onsite treatment and disposal system
 3183  remediation plan incorporated into a basin management action
 3184  plan in accordance with s. 373.807(3).
 3185         (3) New facilities for the disposal of hazardous waste.
 3186         (4) The land application of Class A or Class B domestic
 3187  wastewater biosolids not in accordance with a department
 3188  approved nutrient management plan establishing the rate at which
 3189  all biosolids, soil amendments, and sources of nutrients at the
 3190  land application site can be applied to the land for crop
 3191  production while minimizing the amount of pollutants and
 3192  nutrients discharged to groundwater or waters of the state.
 3193         (5) New agriculture operations that do not implement best
 3194  management practices, measures necessary to achieve pollution
 3195  reduction levels established by the department, or groundwater
 3196  monitoring plans approved by a water management district or the
 3197  department.
 3198         Section 29. Section 373.813, Florida Statutes, is created
 3199  to read:
 3200         373.813Rules.—
 3201         (1) The department shall adopt rules to improve water
 3202  quantity and water quality to administer this part, as
 3203  applicable.
 3204         (2)(a)The Department of Agriculture and Consumer Services
 3205  is the lead agency coordinating the reduction of agricultural
 3206  nonpoint sources of pollution for the protection of Outstanding
 3207  Florida Springs. The Department of Agriculture and Consumer
 3208  Services and the department, pursuant to s. 403.067(7)(c)4.,
 3209  shall study new or revised agricultural best management
 3210  practices for improving and protecting Outstanding Florida
 3211  Springs and, if necessary, in cooperation with applicable local
 3212  governments and stakeholders, initiate rulemaking to require the
 3213  implementation of such practices within a reasonable period.
 3214         (b)The department, the Department of Agriculture and
 3215  Consumer Services, and the University of Florida Institute of
 3216  Food and Agricultural Sciences shall cooperate in conducting the
 3217  necessary research and demonstration projects to develop
 3218  improved or additional nutrient management tools, including the
 3219  use of controlled release fertilizer that can be used by
 3220  agricultural producers as part of an agricultural best
 3221  management practices program. The development of such tools must
 3222  reflect a balance between water quality improvement and
 3223  agricultural productivity and, if applicable, must be
 3224  incorporated into the revised agricultural best management
 3225  practices adopted by rule by the Department of Agriculture and
 3226  Consumer Services.
 3227         Section 30. Subsection (29) of section 403.061, Florida
 3228  Statutes, is amended to read:
 3229         403.061 Department; powers and duties.—The department shall
 3230  have the power and the duty to control and prohibit pollution of
 3231  air and water in accordance with the law and rules adopted and
 3232  promulgated by it and, for this purpose, to:
 3233         (29)(a) Adopt by rule special criteria to protect Class II
 3234  and Class III shellfish harvesting waters. Such rules may
 3235  include special criteria for approving docking facilities that
 3236  have 10 or fewer slips if the construction and operation of such
 3237  facilities will not result in the closure of shellfish waters.
 3238         (b) Adopt by rule a specific surface water classification
 3239  to protect surface waters used for treated potable water supply.
 3240  These designated surface waters shall have the same water
 3241  quality criteria protections as waters designated for fish
 3242  consumption, recreation, and the propagation and maintenance of
 3243  a healthy, well-balanced population of fish and wildlife, and
 3244  shall be free from discharged substances at a concentration
 3245  that, alone or in combination with other discharged substances,
 3246  would require significant alteration of permitted treatment
 3247  processes at the permitted treatment facility or that would
 3248  otherwise prevent compliance with applicable state drinking
 3249  water standards in the treated water. Notwithstanding this
 3250  classification or the inclusion of treated water supply as a
 3251  designated use of a surface water, a surface water used for
 3252  treated potable water supply may be reclassified to the potable
 3253  water supply classification.
 3254  
 3255  The department shall implement such programs in conjunction with
 3256  its other powers and duties and shall place special emphasis on
 3257  reducing and eliminating contamination that presents a threat to
 3258  humans, animals or plants, or to the environment.
 3259         Section 31. Section 403.0617, Florida Statutes, is created
 3260  to read:
 3261         403.0617 Innovative nutrient and sediment reduction and
 3262  conservation pilot project program.—
 3263         (1) Contingent upon a specific appropriation in the General
 3264  Appropriation Act, the department may fund innovative nutrient
 3265  and sediment reduction and conservation pilot projects selected
 3266  pursuant to this section. These pilot projects are intended to
 3267  test the effectiveness of innovative or existing nutrient
 3268  reduction or water conservation technologies, programs, or
 3269  practices designed to minimize nutrient pollution or restore
 3270  flows in the water bodies of the state.
 3271         (2) By October 1, 2016, the department shall initiate
 3272  rulemaking to establish criteria by which the department will
 3273  evaluate and rank pilot projects for funding. The criteria must
 3274  include a determination by the department that the pilot project
 3275  will not be harmful to the ecological resources in the study
 3276  area. The criteria must give preference to projects that will
 3277  result in the greatest improvement to water quality and water
 3278  quantity for the dollars to be expended for the project. At a
 3279  minimum, the department shall consider all of the following:
 3280         (a) The level of nutrient impairment of the waterbody,
 3281  watershed, or water segment in which the project is located.
 3282         (b) The quantity of nutrients the project is estimated to
 3283  remove from a water body, watershed, or water segment with a
 3284  nutrient total maximum daily load.
 3285         (c) The potential for the project to provide a cost
 3286  effective solution to pollution, including pollution caused by
 3287  onsite sewage treatment and disposal systems.
 3288         (d) The anticipated impact the project will have on
 3289  restoring or increasing flow or water level.
 3290         (e) The amount of matching funds for the project which will
 3291  be provided by the entities responsible for implementing the
 3292  project.
 3293         (f) Whether the project is located in a rural area of
 3294  opportunity, as defined in s. 288.0656, with preference given to
 3295  the local government responsible for implementing the project.
 3296         (g) For multiple-year projects, whether the project has
 3297  funding sources that are identified and assured through the
 3298  expected completion date of the project.
 3299         (h) The cost of the project and the length of time it will
 3300  take to complete relative to its expected benefits.
 3301         (i) Whether the entities responsible for implementing the
 3302  project have used their own funds for projects to improve water
 3303  quality or conserve water use with preference given to those
 3304  entities that have expended such funds.
 3305         Section 32. Section 403.0623, Florida Statutes, is amended
 3306  to read:
 3307         403.0623 Environmental data; quality assurance.—
 3308         (1) The department must establish, by rule, appropriate
 3309  quality assurance requirements for environmental data submitted
 3310  to the department and the criteria by which environmental data
 3311  may be rejected by the department. The department may adopt and
 3312  enforce rules to establish data quality objectives and specify
 3313  requirements for training of laboratory and field staff, sample
 3314  collection methodology, proficiency testing, and audits of
 3315  laboratory and field sampling activities. Such rules may be in
 3316  addition to any laboratory certification provisions under ss.
 3317  403.0625 and 403.863.
 3318         (2)(a) The department, in coordination with the water
 3319  management districts, regional water supply authorities, and the
 3320  Department of Agriculture and Consumer Services shall establish
 3321  standards for the collection and analysis of water quantity,
 3322  water quality, and related data to ensure quality, reliability,
 3323  and validity of the data and testing results.
 3324         (b) To the extent practicable, the department shall
 3325  coordinate with federal agencies to ensure that its collection
 3326  and analysis of water quality, water quantity, and related data,
 3327  which may be used by any state agency, water management
 3328  district, or local government, is consistent with this
 3329  subsection.
 3330         (c) To receive state funds for the acquisition of land or
 3331  the financing of a water resource project, state agencies and
 3332  water management districts must show that they followed the
 3333  department’s collection and analysis standards, if available, as
 3334  a prerequisite for any such request for funding.
 3335         (d) The department and the water management districts may
 3336  adopt rules to implement this subsection.
 3337         Section 33. Subsection (7) of section 403.067, Florida
 3338  Statutes, is amended to read:
 3339         403.067 Establishment and implementation of total maximum
 3340  daily loads.—
 3341         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
 3342  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
 3343         (a) Basin management action plans.—
 3344         1. In developing and implementing the total maximum daily
 3345  load for a water body, the department, or the department in
 3346  conjunction with a water management district, may develop a
 3347  basin management action plan that addresses some or all of the
 3348  watersheds and basins tributary to the water body. Such plan
 3349  must integrate the appropriate management strategies available
 3350  to the state through existing water quality protection programs
 3351  to achieve the total maximum daily loads and may provide for
 3352  phased implementation of these management strategies to promote
 3353  timely, cost-effective actions as provided for in s. 403.151.
 3354  The plan must establish a schedule implementing the management
 3355  strategies, establish a basis for evaluating the plan’s
 3356  effectiveness, and identify feasible funding strategies for
 3357  implementing the plan’s management strategies. The management
 3358  strategies may include regional treatment systems or other
 3359  public works, where appropriate, and voluntary trading of water
 3360  quality credits to achieve the needed pollutant load reductions.
 3361         2. A basin management action plan must equitably allocate,
 3362  pursuant to paragraph (6)(b), pollutant reductions to individual
 3363  basins, as a whole to all basins, or to each identified point
 3364  source or category of nonpoint sources, as appropriate. For
 3365  nonpoint sources for which best management practices have been
 3366  adopted, the initial requirement specified by the plan must be
 3367  those practices developed pursuant to paragraph (c). Where
 3368  appropriate, the plan may take into account the benefits of
 3369  pollutant load reduction achieved by point or nonpoint sources
 3370  that have implemented management strategies to reduce pollutant
 3371  loads, including best management practices, before the
 3372  development of the basin management action plan. The plan must
 3373  also identify the mechanisms that will address potential future
 3374  increases in pollutant loading.
 3375         3. The basin management action planning process is intended
 3376  to involve the broadest possible range of interested parties,
 3377  with the objective of encouraging the greatest amount of
 3378  cooperation and consensus possible. In developing a basin
 3379  management action plan, the department shall assure that key
 3380  stakeholders, including, but not limited to, applicable local
 3381  governments, water management districts, the Department of
 3382  Agriculture and Consumer Services, other appropriate state
 3383  agencies, local soil and water conservation districts,
 3384  environmental groups, regulated interests, and affected
 3385  pollution sources, are invited to participate in the process.
 3386  The department shall hold at least one public meeting in the
 3387  vicinity of the watershed or basin to discuss and receive
 3388  comments during the planning process and shall otherwise
 3389  encourage public participation to the greatest practicable
 3390  extent. Notice of the public meeting must be published in a
 3391  newspaper of general circulation in each county in which the
 3392  watershed or basin lies not less than 5 days nor more than 15
 3393  days before the public meeting. A basin management action plan
 3394  does not supplant or otherwise alter any assessment made under
 3395  subsection (3) or subsection (4) or any calculation or initial
 3396  allocation.
 3397         4. Each new or revised basin management action plan shall
 3398  include:
 3399         a.The appropriate management strategies available through
 3400  existing water quality protection programs to achieve total
 3401  maximum daily loads, which may provide for phased implementation
 3402  to promote timely, cost-effective actions as provided for in s.
 3403  403.151;
 3404         b. A description of best management practices adopted by
 3405  rule;
 3406         c. A list of projects in priority ranking with a planning
 3407  level cost estimate and estimated date of completion for each
 3408  listed project;
 3409         d. The source and amount of financial assistance to be made
 3410  available by the department, a water management district, or
 3411  other entity for each listed project, if applicable; and
 3412         e. A planning-level estimate of each listed project’s
 3413  expected load reduction, if applicable.
 3414         5.4. The department shall adopt all or any part of a basin
 3415  management action plan and any amendment to such plan by
 3416  secretarial order pursuant to chapter 120 to implement the
 3417  provisions of this section.
 3418         6.5. The basin management action plan must include
 3419  milestones for implementation and water quality improvement, and
 3420  an associated water quality monitoring component sufficient to
 3421  evaluate whether reasonable progress in pollutant load
 3422  reductions is being achieved over time. An assessment of
 3423  progress toward these milestones shall be conducted every 5
 3424  years, and revisions to the plan shall be made as appropriate.
 3425  Revisions to the basin management action plan shall be made by
 3426  the department in cooperation with basin stakeholders. Revisions
 3427  to the management strategies required for nonpoint sources must
 3428  follow the procedures set forth in subparagraph (c)4. Revised
 3429  basin management action plans must be adopted pursuant to
 3430  subparagraph 5.4.
 3431         7.6. In accordance with procedures adopted by rule under
 3432  paragraph (9)(c), basin management action plans, and other
 3433  pollution control programs under local, state, or federal
 3434  authority as provided in subsection (4), may allow point or
 3435  nonpoint sources that will achieve greater pollutant reductions
 3436  than required by an adopted total maximum load or wasteload
 3437  allocation to generate, register, and trade water quality
 3438  credits for the excess reductions to enable other sources to
 3439  achieve their allocation; however, the generation of water
 3440  quality credits does not remove the obligation of a source or
 3441  activity to meet applicable technology requirements or adopted
 3442  best management practices. Such plans must allow trading between
 3443  NPDES permittees, and trading that may or may not involve NPDES
 3444  permittees, where the generation or use of the credits involve
 3445  an entity or activity not subject to department water discharge
 3446  permits whose owner voluntarily elects to obtain department
 3447  authorization for the generation and sale of credits.
 3448         8.7. The provisions of the department’s rule relating to
 3449  the equitable abatement of pollutants into surface waters do not
 3450  apply to water bodies or water body segments for which a basin
 3451  management plan that takes into account future new or expanded
 3452  activities or discharges has been adopted under this section.
 3453         (b) Total maximum daily load implementation.—
 3454         1. The department shall be the lead agency in coordinating
 3455  the implementation of the total maximum daily loads through
 3456  existing water quality protection programs. Application of a
 3457  total maximum daily load by a water management district must be
 3458  consistent with this section and does not require the issuance
 3459  of an order or a separate action pursuant to s. 120.536(1) or s.
 3460  120.54 for the adoption of the calculation and allocation
 3461  previously established by the department. Such programs may
 3462  include, but are not limited to:
 3463         a. Permitting and other existing regulatory programs,
 3464  including water-quality-based effluent limitations;
 3465         b. Nonregulatory and incentive-based programs, including
 3466  best management practices, cost sharing, waste minimization,
 3467  pollution prevention, agreements established pursuant to s.
 3468  403.061(21), and public education;
 3469         c. Other water quality management and restoration
 3470  activities, for example surface water improvement and management
 3471  plans approved by water management districts or basin management
 3472  action plans developed pursuant to this subsection;
 3473         d. Trading of water quality credits or other equitable
 3474  economically based agreements;
 3475         e. Public works including capital facilities; or
 3476         f. Land acquisition.
 3477         2. For a basin management action plan adopted pursuant to
 3478  paragraph (a), any management strategies and pollutant reduction
 3479  requirements associated with a pollutant of concern for which a
 3480  total maximum daily load has been developed, including effluent
 3481  limits set forth for a discharger subject to NPDES permitting,
 3482  if any, must be included in a timely manner in subsequent NPDES
 3483  permits or permit modifications for that discharger. The
 3484  department may not impose limits or conditions implementing an
 3485  adopted total maximum daily load in an NPDES permit until the
 3486  permit expires, the discharge is modified, or the permit is
 3487  reopened pursuant to an adopted basin management action plan.
 3488         a. Absent a detailed allocation, total maximum daily loads
 3489  must be implemented through NPDES permit conditions that provide
 3490  for a compliance schedule. In such instances, a facility’s NPDES
 3491  permit must allow time for the issuance of an order adopting the
 3492  basin management action plan. The time allowed for the issuance
 3493  of an order adopting the plan may not exceed 5 years. Upon
 3494  issuance of an order adopting the plan, the permit must be
 3495  reopened or renewed, as necessary, and permit conditions
 3496  consistent with the plan must be established. Notwithstanding
 3497  the other provisions of this subparagraph, upon request by an
 3498  NPDES permittee, the department as part of a permit issuance,
 3499  renewal, or modification may establish individual allocations
 3500  before the adoption of a basin management action plan.
 3501         b. For holders of NPDES municipal separate storm sewer
 3502  system permits and other stormwater sources, implementation of a
 3503  total maximum daily load or basin management action plan must be
 3504  achieved, to the maximum extent practicable, through the use of
 3505  best management practices or other management measures.
 3506         c. The basin management action plan does not relieve the
 3507  discharger from any requirement to obtain, renew, or modify an
 3508  NPDES permit or to abide by other requirements of the permit.
 3509         d. Management strategies set forth in a basin management
 3510  action plan to be implemented by a discharger subject to
 3511  permitting by the department must be completed pursuant to the
 3512  schedule set forth in the basin management action plan. This
 3513  implementation schedule may extend beyond the 5-year term of an
 3514  NPDES permit.
 3515         e. Management strategies and pollution reduction
 3516  requirements set forth in a basin management action plan for a
 3517  specific pollutant of concern are not subject to challenge under
 3518  chapter 120 at the time they are incorporated, in an identical
 3519  form, into a subsequent NPDES permit or permit modification.
 3520         f. For nonagricultural pollutant sources not subject to
 3521  NPDES permitting but permitted pursuant to other state,
 3522  regional, or local water quality programs, the pollutant
 3523  reduction actions adopted in a basin management action plan must
 3524  be implemented to the maximum extent practicable as part of
 3525  those permitting programs.
 3526         g. A nonpoint source discharger included in a basin
 3527  management action plan must demonstrate compliance with the
 3528  pollutant reductions established under subsection (6) by
 3529  implementing the appropriate best management practices
 3530  established pursuant to paragraph (c) or conducting water
 3531  quality monitoring prescribed by the department or a water
 3532  management district. A nonpoint source discharger may, in
 3533  accordance with department rules, supplement the implementation
 3534  of best management practices with water quality credit trades in
 3535  order to demonstrate compliance with the pollutant reductions
 3536  established under subsection (6).
 3537         h. A nonpoint source discharger included in a basin
 3538  management action plan may be subject to enforcement action by
 3539  the department or a water management district based upon a
 3540  failure to implement the responsibilities set forth in sub
 3541  subparagraph g.
 3542         i. A landowner, discharger, or other responsible person who
 3543  is implementing applicable management strategies specified in an
 3544  adopted basin management action plan may not be required by
 3545  permit, enforcement action, or otherwise to implement additional
 3546  management strategies, including water quality credit trading,
 3547  to reduce pollutant loads to attain the pollutant reductions
 3548  established pursuant to subsection (6) and shall be deemed to be
 3549  in compliance with this section. This subparagraph does not
 3550  limit the authority of the department to amend a basin
 3551  management action plan as specified in subparagraph (a)6. (a)5.
 3552         (c) Best management practices.—
 3553         1. The department, in cooperation with the water management
 3554  districts and other interested parties, as appropriate, may
 3555  develop suitable interim measures, best management practices, or
 3556  other measures necessary to achieve the level of pollution
 3557  reduction established by the department for nonagricultural
 3558  nonpoint pollutant sources in allocations developed pursuant to
 3559  subsection (6) and this subsection. These practices and measures
 3560  may be adopted by rule by the department and the water
 3561  management districts and, where adopted by rule, shall be
 3562  implemented by those parties responsible for nonagricultural
 3563  nonpoint source pollution.
 3564         2. The Department of Agriculture and Consumer Services may
 3565  develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
 3566  suitable interim measures, best management practices, or other
 3567  measures necessary to achieve the level of pollution reduction
 3568  established by the department for agricultural pollutant sources
 3569  in allocations developed pursuant to subsection (6) and this
 3570  subsection or for programs implemented pursuant to paragraph
 3571  (12)(b). These practices and measures may be implemented by
 3572  those parties responsible for agricultural pollutant sources and
 3573  the department, the water management districts, and the
 3574  Department of Agriculture and Consumer Services shall assist
 3575  with implementation. In the process of developing and adopting
 3576  rules for interim measures, best management practices, or other
 3577  measures, the Department of Agriculture and Consumer Services
 3578  shall consult with the department, the Department of Health, the
 3579  water management districts, representatives from affected
 3580  farming groups, and environmental group representatives. Such
 3581  rules must also incorporate provisions for a notice of intent to
 3582  implement the practices and a system to assure the
 3583  implementation of the practices, including site inspection and
 3584  recordkeeping requirements.
 3585         3. Where interim measures, best management practices, or
 3586  other measures are adopted by rule, the effectiveness of such
 3587  practices in achieving the levels of pollution reduction
 3588  established in allocations developed by the department pursuant
 3589  to subsection (6) and this subsection or in programs implemented
 3590  pursuant to paragraph (12)(b) must be verified at representative
 3591  sites by the department. The department shall use best
 3592  professional judgment in making the initial verification that
 3593  the best management practices are reasonably expected to be
 3594  effective and, where applicable, must notify the appropriate
 3595  water management district or the Department of Agriculture and
 3596  Consumer Services of its initial verification before the
 3597  adoption of a rule proposed pursuant to this paragraph.
 3598  Implementation, in accordance with rules adopted under this
 3599  paragraph, of practices that have been initially verified to be
 3600  effective, or verified to be effective by monitoring at
 3601  representative sites, by the department, shall provide a
 3602  presumption of compliance with state water quality standards and
 3603  release from the provisions of s. 376.307(5) for those
 3604  pollutants addressed by the practices, and the department is not
 3605  authorized to institute proceedings against the owner of the
 3606  source of pollution to recover costs or damages associated with
 3607  the contamination of surface water or groundwater caused by
 3608  those pollutants. Research projects funded by the department, a
 3609  water management district, or the Department of Agriculture and
 3610  Consumer Services to develop or demonstrate interim measures or
 3611  best management practices shall be granted a presumption of
 3612  compliance with state water quality standards and a release from
 3613  the provisions of s. 376.307(5). The presumption of compliance
 3614  and release is limited to the research site and only for those
 3615  pollutants addressed by the interim measures or best management
 3616  practices. Eligibility for the presumption of compliance and
 3617  release is limited to research projects on sites where the owner
 3618  or operator of the research site and the department, a water
 3619  management district, or the Department of Agriculture and
 3620  Consumer Services have entered into a contract or other
 3621  agreement that, at a minimum, specifies the research objectives,
 3622  the cost-share responsibilities of the parties, and a schedule
 3623  that details the beginning and ending dates of the project.
 3624         4. Where water quality problems are demonstrated, despite
 3625  the appropriate implementation, operation, and maintenance of
 3626  best management practices and other measures required by rules
 3627  adopted under this paragraph, the department, a water management
 3628  district, or the Department of Agriculture and Consumer
 3629  Services, in consultation with the department, shall institute a
 3630  reevaluation of the best management practice or other measure.
 3631  Should the reevaluation determine that the best management
 3632  practice or other measure requires modification, the department,
 3633  a water management district, or the Department of Agriculture
 3634  and Consumer Services, as appropriate, shall revise the rule to
 3635  require implementation of the modified practice within a
 3636  reasonable time period as specified in the rule.
 3637         5. Agricultural records relating to processes or methods of
 3638  production, costs of production, profits, or other financial
 3639  information held by the Department of Agriculture and Consumer
 3640  Services pursuant to subparagraphs 3. and 4. or pursuant to any
 3641  rule adopted pursuant to subparagraph 2. are confidential and
 3642  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 3643  Constitution. Upon request, records made confidential and exempt
 3644  pursuant to this subparagraph shall be released to the
 3645  department or any water management district provided that the
 3646  confidentiality specified by this subparagraph for such records
 3647  is maintained.
 3648         6. The provisions of subparagraphs 1. and 2. do not
 3649  preclude the department or water management district from
 3650  requiring compliance with water quality standards or with
 3651  current best management practice requirements set forth in any
 3652  applicable regulatory program authorized by law for the purpose
 3653  of protecting water quality. Additionally, subparagraphs 1. and
 3654  2. are applicable only to the extent that they do not conflict
 3655  with any rules adopted by the department that are necessary to
 3656  maintain a federally delegated or approved program.
 3657         (d)Enforcement and verification of basin management action
 3658  plans and management strategies.
 3659         1. Basin management action plans are enforceable pursuant
 3660  to this section and ss. 403.121, 403.141, and 403.161.
 3661  Management strategies, including best management practices and
 3662  water quality monitoring, are enforceable under this chapter.
 3663         2. No later than January 1, 2017:
 3664         a. The department, in consultation with the water
 3665  management districts and the Department of Agriculture and
 3666  Consumer Services, shall initiate rulemaking to adopt procedures
 3667  to verify implementation of water quality monitoring required in
 3668  lieu of implementation of best management practices or other
 3669  measures pursuant to s. 403.067(7)(b)2.g.;
 3670         b. The department, in consultation with the water
 3671  management districts and the Department of Agriculture and
 3672  Consumer Services, shall initiate rulemaking to adopt procedures
 3673  to verify implementation of nonagricultural interim measures,
 3674  best management practices, or other measures adopted by rule
 3675  pursuant to s. 403.067(7)(c)1.; and
 3676         c. The Department of Agriculture and Consumer Services, in
 3677  consultation with the water management districts and the
 3678  department, shall initiate rulemaking to adopt procedures to
 3679  verify implementation of agricultural interim measures, best
 3680  management practices, or other measures adopted by rule pursuant
 3681  to s. 403.067(7)(c)2.
 3682  
 3683  The rules required under this subparagraph shall include
 3684  enforcement procedures applicable to the landowner, discharger,
 3685  or other responsible person required to implement applicable
 3686  management strategies, including best management practices or
 3687  water quality monitoring as a result of noncompliance.
 3688         Section 34. Section 403.0675, Florida Statutes, is created
 3689  to read:
 3690         403.0675 Progress reports.—On or before July 1 of each
 3691  year, beginning in 2018:
 3692         (1)The department, in conjunction with the water
 3693  management districts, shall post on its website and submit
 3694  electronically an annual progress report to the Governor, the
 3695  President of the Senate, and the Speaker of the House of
 3696  Representatives on the status of each total maximum daily load,
 3697  basin management action plan, minimum flow or minimum water
 3698  level, and recovery or prevention strategy adopted pursuant to
 3699  s. 403.067 or parts I and VIII of chapter 373. The report must
 3700  include the status of each project identified to achieve a total
 3701  maximum daily load or an adopted minimum flow or minimum water
 3702  level, as applicable. If a report indicates that any of the 5
 3703  year, 10-year, or 15-year milestones, or the 20-year target
 3704  date, if applicable, for achieving a total maximum daily load or
 3705  a minimum flow or minimum water level will not be met, the
 3706  report must include an explanation of the possible causes and
 3707  potential solutions. If applicable, the report must include
 3708  project descriptions, estimated costs, proposed priority ranking
 3709  for project implementation, and funding needed to achieve the
 3710  total maximum daily load or the minimum flow or minimum water
 3711  level by the target date. Each water management district shall
 3712  post the department’s report on its website.
 3713         (2)The Department of Agriculture and Consumer Services
 3714  shall post on its website and submit electronically an annual
 3715  progress report to the Governor, the President of the Senate,
 3716  and the Speaker of the House of Representatives on the status of
 3717  the implementation of the agricultural nonpoint source best
 3718  management practices, including an implementation assurance
 3719  report summarizing survey responses and response rates, site
 3720  inspections, and other methods used to verify implementation of
 3721  and compliance with best management practices pursuant to basin
 3722  management action plans.
 3723         Section 35. Subsection (21) is added to section 403.861,
 3724  Florida Statutes, to read:
 3725         403.861 Department; powers and duties.—The department shall
 3726  have the power and the duty to carry out the provisions and
 3727  purposes of this act and, for this purpose, to:
 3728         (21)(a) Upon issuance of a construction permit to construct
 3729  a new public water system drinking water treatment facility to
 3730  provide potable water supply using a surface water that, at the
 3731  time of the permit application, is not being used as a potable
 3732  water supply, and the classification of which does not include
 3733  potable water supply as a designated use, the department shall
 3734  add treated potable water supply as a designated use of the
 3735  surface water segment in accordance with s. 403.061(29)(b).
 3736         (b) For existing public water system drinking water
 3737  treatment facilities that use a surface water as a treated
 3738  potable water supply, which surface water classification does
 3739  not include potable water supply as a designated use, the
 3740  department shall add treated potable water supply as a
 3741  designated use of the surface water segment in accordance with
 3742  s. 403.061(29)(b).
 3743         Section 36. Section 403.928, Florida Statutes, is created
 3744  to read:
 3745         403.928 Assessment of water resources and conservation
 3746  lands.—The Office of Economic and Demographic Research shall
 3747  conduct an annual assessment of Florida’s water resources and
 3748  conservation lands.
 3749         (1) WATER RESOURCES.—The assessment must include all of the
 3750  following:
 3751         (a) Historical and current expenditures and projections of
 3752  future expenditures by federal, state, regional, and local
 3753  governments and public and private utilities based upon
 3754  historical trends and ongoing projects or initiatives associated
 3755  with:
 3756         1. Water supply and demand; and
 3757         2. Water quality protection and restoration.
 3758         (b) An analysis and estimates of future expenditures by
 3759  federal, state, regional, and local governments and public and
 3760  private utilities necessary to comply with federal and state
 3761  laws and regulations governing subparagraphs (a)1. and (a)2. The
 3762  analysis and estimates must address future expenditures by
 3763  federal, state, regional, and local governments and all public
 3764  and private utilities necessary to achieve the legislature’s
 3765  intent that sufficient water be available for all existing and
 3766  future reasonable-beneficial uses and the natural systems, and
 3767  that adverse effects of competition for water supplies be
 3768  avoided. The assessment must include a compilation of projected
 3769  water supply and demand data developed by each water management
 3770  district pursuant to ss. 373.036 and 373.709, with notations
 3771  regarding any significant differences between the methods used
 3772  by the districts to calculate the data.
 3773         (c) Forecasts of federal, state, regional, and local
 3774  government revenues dedicated in current law for the purposes
 3775  specified in subparagraphs (a)1. and (a)2. or that have been
 3776  historically allocated for these purposes, as well as public and
 3777  private utility revenues.
 3778         (d) An identification of gaps between projected revenues
 3779  and projected and estimated expenditures.
 3780         (2) CONSERVATION LANDS.—The assessment must include all of
 3781  the following:
 3782         (a) Historical and current expenditures and projections of
 3783  future expenditures by federal, state, regional, and local
 3784  governments based upon historical trends and ongoing projects or
 3785  initiatives associated with real property interests eligible for
 3786  funding under s. 259.105.
 3787         (b) An analysis and estimates of future expenditures by
 3788  federal, state, regional, and local governments necessary to
 3789  purchase lands identified in plans set forth by state agencies
 3790  or water management districts.
 3791         (c) An analysis of the ad valorem tax impacts, by county,
 3792  resulting from public ownership of conservation lands.
 3793         (d) Forecasts of federal, state, regional, and local
 3794  government revenues dedicated in current law to maintain
 3795  conservation lands and the gap between projected expenditures
 3796  and revenues.
 3797         (e) The total percentage of Florida real property that is
 3798  publicly owned for conservation purposes
 3799         (f) A comparison of the cost of acquiring and maintaining
 3800  conservation lands under fee simple or less than fee simple
 3801  ownership.
 3802         (3) The assessment shall include analyses on a statewide,
 3803  regional, or geographic basis, as appropriate, and shall
 3804  identify analytical challenges in assessing information across
 3805  the different regions of the state.
 3806         (4) The assessment must identify any overlap in the
 3807  expenditures for water resources and conservation lands.
 3808         (5) The water management districts, the Department of
 3809  Environmental Protection, the Department of Agriculture and
 3810  Consumer Services, the Fish and Wildlife Conservation
 3811  Commission, counties, municipalities, and special districts
 3812  shall provide assistance to the Office of Economic and
 3813  Demographic Research related to their respective areas of
 3814  expertise.
 3815         (6) The Office of Economic and Demographic Research must be
 3816  given access to any data held by an agency as defined in s.
 3817  112.312 if the Office of Economic Demographic Research considers
 3818  the data necessary to complete the assessment, including any
 3819  confidential data.
 3820         (7) The assessment shall be submitted to the President of
 3821  the Senate and the Speaker of the House of Representatives by
 3822  January 1, 2017, and by January 1 of each year thereafter.
 3823         Section 37. (1) The Department of Environmental Protection
 3824  shall evaluate the feasibility and cost of creating and
 3825  maintaining a web-based, interactive map that includes, at a
 3826  minimum:
 3827         (a) All watersheds and each water body within those
 3828  watersheds;
 3829         (b) The county or counties in which the watershed or water
 3830  body is located;
 3831         (c) The water management district or districts in which the
 3832  watershed or water body is located;
 3833         (d) Whether, if applicable, a minimum flow or minimum water
 3834  level has been adopted for the water body and if such minimum
 3835  flow or minimum water level has not been adopted, the
 3836  anticipated adoption date;
 3837         (e) Whether, if applicable, a recovery or prevention
 3838  strategy has been adopted for the watershed or water body and,
 3839  if such a plan has not been adopted, the anticipated adoption
 3840  date;
 3841         (f) The impairment status of each water body;
 3842         (g) Whether, if applicable, a total maximum daily load has
 3843  been adopted if the water body is listed as impaired and, if
 3844  such total maximum daily load has not been adopted, the
 3845  anticipated adoption date;
 3846         (h) Whether, if applicable, a basin management action plan
 3847  has been adopted for the watershed and, if such a plan has not
 3848  been adopted, the anticipated adoption date;
 3849         (i) Each project listed on the 5-year water resource
 3850  development work program developed pursuant to s.
 3851  373.536(6)(a)4.;
 3852         (j) The agency or agencies and local sponsor, if any,
 3853  responsible for overseeing the project;
 3854         (k) The total or estimated cost and completion date of each
 3855  project and the financial contribution of each entity;
 3856         (l) The estimated quantitative benefit to the watershed or
 3857  water body; and
 3858         (m) The water projects completed within the last 5 years
 3859  within the watershed or water body.
 3860         (2) On or before January 1, 2017, the department must
 3861  submit a report containing the findings on the feasibility study
 3862  to the President of the Senate and the Speaker of the House of
 3863  Representatives.
 3864         Section 38. The Legislature finds that a proper and
 3865  legitimate state purpose is served when protecting the
 3866  environmental resources of this state. Therefore, the
 3867  Legislature determines and declares that this act fulfills an
 3868  important state interest.
 3869         Section 39. This act shall take effect July 1, 2016.