Florida Senate - 2018                                    SB 1506
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-00505-18                                           20181506__
    1                        A bill to be entitled                      
    2         An act relating to water management; amending s.
    3         373.036, F.S.; requiring district water management
    4         plans for districts including Outstanding Florida
    5         Springs to include certain maximum sustainable
    6         groundwater withdrawal estimates; amending s.
    7         373.0421, F.S.; requiring the water management
    8         district, rather than the Department of Environmental
    9         Protection, to conduct reviews of certain regional
   10         water supply plans upon the denial of an application
   11         for a water use permit due to impact on minimum flow
   12         or water level; requiring the district to update the
   13         plans under certain conditions; amending s. 373.223,
   14         F.S.; revising the conditions for consumptive use
   15         permits; deleting rulemaking authorizations; deleting
   16         an authorization to enforce rules in effect on a
   17         certain date; amending s. 373.705, F.S.; revising the
   18         criteria for determining whether certain water supply
   19         development projects are given first consideration for
   20         funding assistance to include consideration of whether
   21         a project maximizes water conservation; amending s.
   22         373.805, F.S.; requiring a district or the department
   23         to reserve certain water quantities from permit
   24         applicants if an Outstanding Florida Spring is below
   25         minimum flow or water level; amending s. 373.807,
   26         F.S.; requiring that basin management action plans for
   27         Outstanding Florida Springs include allocation of
   28         certain load reductions for point source and nonpoint
   29         source pollution; requiring agricultural producers to
   30         implement certain practices within a specified
   31         timeframe after the adoption of a basin management
   32         action plan; requiring the Department of Agriculture
   33         and Consumer Services to require that records of
   34         nutrient applications be transmitted at least
   35         annually; requiring the department to assemble and
   36         transmit this data and relevant analysis and make such
   37         information available to the public; requiring the
   38         department to initiate rulemaking by a specified date;
   39         amending s. 373.811, F.S.; revising the prohibited
   40         activities in a priority focus area in effect for an
   41         Outstanding Florida Spring; creating s. 373.814, F.S.;
   42         requiring the Department of Agriculture and Consumer
   43         Services and the department to determine whether fully
   44         implemented agricultural best management practices
   45         would enable the agricultural sector within basin
   46         management action plan areas to comply with allocated
   47         pollutant reductions; requiring the Department of
   48         Agriculture and Consumer Services to initiate
   49         rulemaking and revise best management practices under
   50         certain conditions; requiring the Department of
   51         Environmental Protection to determine whether certain
   52         types of agricultural operations are inconsistent with
   53         springs protection within basin management action plan
   54         areas; requiring the department to coordinate with the
   55         Department of Agriculture and Consumer Services to
   56         fund certain conservation easements under certain
   57         conditions; providing an effective date.
   58          
   59  Be It Enacted by the Legislature of the State of Florida:
   60  
   61         Section 1. Paragraph (f) is added to subsection (2) of
   62  section 373.036, Florida Statutes, to read:
   63         373.036 Florida water plan; district water management
   64  plans.—
   65         (2) DISTRICT WATER MANAGEMENT PLANS.—
   66         (f)The governing board of each water management district
   67  that contains an Outstanding Florida Spring as defined in s.
   68  373.802 shall develop an estimate of the maximum sustainable
   69  groundwater withdrawal for that district which would balance the
   70  needs of healthy spring ecosystems and a healthy human economy
   71  during all conditions.
   72         Section 2. Subsection (4) of section 373.0421, Florida
   73  Statutes, is amended to read:
   74         373.0421 Establishment and implementation of minimum flows
   75  and minimum water levels.—
   76         (4) The water management district shall notify the
   77  department If an application for a water use permit is denied
   78  based upon the impact that the use will have on an adopted
   79  minimum flow or minimum water level, the applicable water
   80  management district. Upon receipt of such notice, the department
   81  shall, as soon as practicable and in cooperation with the water
   82  management district, conduct a review of the applicable regional
   83  water supply plan prepared pursuant to s. 373.709. Such review
   84  must shall include an assessment by the water management
   85  district department of the adequacy of the plan in addressing
   86  the legislative intent of s. 373.705(2)(a) which provides that
   87  sufficient water be available for all existing and future
   88  reasonable-beneficial uses and natural systems and that the
   89  adverse effects of competition for water supplies be avoided. If
   90  the water management district department determines, based upon
   91  this review, that the regional water supply plan does not
   92  adequately address the legislative intent of s. 373.705(2)(a),
   93  the water management district shall immediately initiate an
   94  update of the plan consistent with s. 373.709 within 1 year.
   95         Section 3. Subsection (6) of section 373.223, Florida
   96  Statutes, is amended to read:
   97         373.223 Conditions for a permit.—
   98         (6) A new consumptive use permit, or the renewal or
   99  modification of a consumptive use permit, that authorizes
  100  groundwater withdrawals of 100,000 gallons or more per day from
  101  a well with an inside diameter of 8 inches or more shall be
  102  monitored for water usage at intervals using methods determined
  103  by the applicable water management district, and the results of
  104  such monitoring shall be reported to the applicable water
  105  management district at least quarterly annually. The water
  106  management districts shall implement this subsection by
  107  following the general procedures in the Southwest Florida Water
  108  Management District’s Water Use Permit Applicant’s Handbook Part
  109  B, dated May 19, 2014 may adopt rules to implement this
  110  subsection. In lieu of the requirements of this subsection, a
  111  water management district may enforce rules that govern water
  112  usage monitoring in effect on July 1, 2016, or may adopt rules
  113  that are more stringent than this subsection.
  114         Section 4. Subsection (4) of section 373.705, Florida
  115  Statutes, is amended to read:
  116         373.705 Water resource development; water supply
  117  development.—
  118         (4)(a) Water supply development projects that are
  119  consistent with the relevant regional water supply plans and
  120  that meet one or more of the following criteria shall receive
  121  priority consideration for state or water management district
  122  funding assistance:
  123         1. The project supports establishment of a dependable,
  124  sustainable supply of water which is not otherwise financially
  125  feasible;
  126         2. The project provides substantial environmental benefits
  127  by preventing or limiting adverse water resource impacts, but
  128  requires funding assistance to be economically competitive with
  129  other options; or
  130         3. The project significantly implements reuse, storage,
  131  recharge, or conservation of water in a manner that contributes
  132  to the sustainability of regional water sources.
  133         (b) Water supply development projects that meet the
  134  criteria in paragraph (a) and that meet one or more of the
  135  following additional criteria shall be given first consideration
  136  for state or water management district funding assistance:
  137         1. The project brings about replacement of existing sources
  138  in order to help implement a minimum flow or minimum water
  139  level;
  140         2. The project implements reuse that assists in the
  141  elimination of domestic wastewater ocean outfalls as provided in
  142  s. 403.086(9); or
  143         3. The project reduces or eliminates the adverse effects of
  144  competition between legal users and the natural system and
  145  maximizes water conservation.
  146         Section 5. Present subsection (5) of section 373.805,
  147  Florida Statutes, is redesignated as subsection (6), and a new
  148  subsection (5) is added to that section, to read:
  149         373.805 Minimum flows and minimum water levels for
  150  Outstanding Florida Springs.—
  151         (5) If an Outstanding Florida Spring is below the minimum
  152  flow or minimum water level, the applicable district or the
  153  department shall by rule reserve sufficient water from use by
  154  permit applicants pursuant to s. 373.223(4) to restore the
  155  minimum flow or water level.
  156         Section 6. Paragraph (b) of subsection (1) and subsection
  157  (3) of section 373.807, Florida Statutes, are amended, and
  158  subsections (5) and (6) are added to that section, to read:
  159         373.807 Protection of water quality in Outstanding Florida
  160  Springs.—By July 1, 2016, the department shall initiate
  161  assessment, pursuant to s. 403.067(3), of Outstanding Florida
  162  Springs or spring systems for which an impairment determination
  163  has not been made under the numeric nutrient standards in effect
  164  for spring vents. Assessments must be completed by July 1, 2018.
  165         (1)
  166         (b) A basin management action plan for an Outstanding
  167  Florida Spring shall be adopted within 2 years after its
  168  initiation and must include, at a minimum:
  169         1. A list of all specific projects and programs identified
  170  to implement a nutrient total maximum daily load;
  171         2. A list of all specific projects identified in any
  172  incorporated onsite sewage treatment and disposal system
  173  remediation plan, if applicable;
  174         3. A priority rank for each listed project;
  175         4. For each listed project, a planning level cost estimate
  176  and the estimated date of completion;
  177         5. The source and amount of financial assistance to be made
  178  available by the department, a water management district, or
  179  other entity for each listed project;
  180         6. An estimate of each listed project’s nutrient load
  181  reduction;
  182         7. Identification of each point source or category of
  183  nonpoint sources, including, but not limited to, urban turf
  184  fertilizer, sports turf fertilizer, agricultural fertilizer,
  185  onsite sewage treatment and disposal systems, wastewater
  186  treatment facilities, animal wastes, and stormwater facilities.
  187  An estimated allocation of the pollutant load must be provided
  188  for each point source or category of nonpoint sources; and
  189         8.An estimated allocation of pollutant load reductions to
  190  both surface water and groundwater for each point source or
  191  category of nonpoint sources; and
  192         9.8. An implementation plan designed with a target to
  193  achieve the nutrient total maximum daily load no more than 20
  194  years after the adoption of a basin management action plan.
  195  
  196  The department shall develop a schedule establishing 5-year, 10
  197  year, and 15-year targets for achieving the nutrient total
  198  maximum daily load. The schedule shall be used to provide
  199  guidance for planning and funding purposes and is exempt from
  200  chapter 120.
  201         (3) As part of a basin management action plan that includes
  202  an Outstanding Florida Spring, the department, the Department of
  203  Health, relevant local governments, and relevant local public
  204  and private wastewater utilities shall develop an onsite sewage
  205  treatment and disposal system remediation plan for a spring if
  206  the department determines onsite sewage treatment and disposal
  207  systems within a priority focus area contribute at least 20
  208  percent of nonpoint source nitrogen pollution or if the
  209  department determines remediation is necessary to achieve the
  210  total maximum daily load. The plan shall identify cost-effective
  211  and financially feasible projects necessary to reduce the
  212  nutrient impacts from onsite sewage treatment and disposal
  213  systems and shall be completed and adopted as part of the basin
  214  management action plan no later than the first 5-year milestone
  215  required by subparagraph (1)(b)9 subparagraph (1)(b)8. The
  216  department is the lead agency in coordinating the preparation of
  217  and the adoption of the plan. The department shall:
  218         (a) Collect and evaluate credible scientific information on
  219  the effect of nutrients, particularly forms of nitrogen, on
  220  springs and springs systems; and
  221         (b) Develop a public education plan to provide area
  222  residents with reliable, understandable information about onsite
  223  sewage treatment and disposal systems and springs.
  224  
  225  In addition to the requirements in s. 403.067, the plan shall
  226  include options for repair, upgrade, replacement, drainfield
  227  modification, addition of effective nitrogen reducing features,
  228  connection to a central sewerage system, or other action for an
  229  onsite sewage treatment and disposal system or group of systems
  230  within a priority focus area that contribute at least 20 percent
  231  of nonpoint source nitrogen pollution or if the department
  232  determines remediation is necessary to achieve a total maximum
  233  daily load. For these systems, the department shall include in
  234  the plan a priority ranking for each system or group of systems
  235  that requires remediation and shall award funds to implement the
  236  remediation projects contingent on an appropriation in the
  237  General Appropriations Act, which may include all or part of the
  238  costs necessary for repair, upgrade, replacement, drainfield
  239  modification, addition of effective nitrogen reducing features,
  240  initial connection to a central sewerage system, or other
  241  action. In awarding funds, the department may consider expected
  242  nutrient reduction benefit per unit cost, size and scope of
  243  project, relative local financial contribution to the project,
  244  and the financial impact on property owners and the community.
  245  The department may waive matching funding requirements for
  246  proposed projects within an area designated as a rural area of
  247  opportunity under s. 288.0656.
  248         (5)Each agricultural producer, within 2 years after the
  249  adoption of a basin management action plan, must implement the
  250  best management practices or other measures necessary to achieve
  251  pollution reduction levels established by the department
  252  pursuant to s. 403.067(7)(c), or conduct water quality
  253  monitoring as prescribed by the department or the applicable
  254  water management district. The Department of Agriculture and
  255  Consumer Services, in consultation with the department, shall
  256  develop rules to implement this subsection.
  257         (6)The Department of Agriculture and Consumer Services
  258  shall:
  259         (a)Require by rule that all records of nutrient
  260  applications be transmitted electronically to the Department of
  261  Agriculture and Consumer Services at least annually.
  262         (b)Assemble data from these records for each priority
  263  focus area and basin management action plan area.
  264         (c)Provide the assembled data and any relevant analysis to
  265  the department in a timely manner for use by the department in
  266  its restoration responsibilities under basin management action
  267  plans.
  268         (d)Provide public access to the assembled data in a manner
  269  that does not violate s. 403.067(7)(c)5.
  270         (e)Initiate rulemaking to implement this subsection by
  271  July 1, 2019.
  272         Section 7. Section 373.811, Florida Statutes, is amended to
  273  read:
  274         373.811 Prohibited activities within a priority focus
  275  area.—The following activities are prohibited within a priority
  276  focus area in effect for an Outstanding Florida Spring:
  277         (1) New domestic or industrial wastewater disposal
  278  facilities, including rapid infiltration basins, with permitted
  279  capacities of 100,000 gallons per day or more, except for those
  280  facilities that meet an advanced wastewater treatment standard
  281  of no more than 3 mg/l total nitrogen, expressed as N, on an
  282  annual permitted basis, or a more stringent treatment standard
  283  if the department determines the more stringent standard is
  284  necessary to attain a total maximum daily load for the
  285  Outstanding Florida Spring.
  286         (2) New onsite sewage treatment and disposal systems on
  287  lots of less than 1 acre or less, if the specific systems are
  288  within a priority focus area of an Outstanding Florida Spring
  289  for basins requiring an onsite sewage treatment and disposal
  290  system remediation plan pursuant to addition of the specific
  291  systems conflicts with an onsite treatment and disposal system
  292  remediation plan incorporated into a basin management action
  293  plan in accordance with s. 373.807(3).
  294         (3) New facilities for the disposal of hazardous waste.
  295         (4) The Land application of Class A or Class B domestic
  296  wastewater biosolids not in accordance with a department
  297  approved nutrient management plan establishing the rate at which
  298  all biosolids, soil amendments, and sources of nutrients at the
  299  land application site can be applied to the land for crop
  300  production while minimizing the amount of pollutants and
  301  nutrients discharged to groundwater or waters of the state.
  302         (5) New agriculture operations that do not implement best
  303  management practices, measures necessary to achieve pollution
  304  reduction levels established by the department, or groundwater
  305  monitoring plans approved by a water management district or the
  306  department.
  307         (6)New concentrated animal feeding operations or intensive
  308  cattle finishing and slaughter operations.
  309         Section 8. Section 373.814, Florida Statutes, is created to
  310  read:
  311         373.814 Advanced best management practices; land
  312  practices.—
  313         (1)For each basin management action plan that includes an
  314  Outstanding Florida Spring, the Department of Agriculture and
  315  Consumer Services and the department, pursuant to s.
  316  403.067(7)(c)4., shall determine whether fully implemented
  317  agricultural best management practices would enable the
  318  agricultural sector within that basin management action plan
  319  area to comply with its allocated pollutant reductions. This
  320  determination must be based on the projected nutrient reductions
  321  to be achieved by full implementation of the best management
  322  practices as established by rule and outlined in the relevant
  323  manuals published by the Department of Agriculture and Consumer
  324  Services. If such implementation would not achieve compliance,
  325  the Department of Agriculture and Consumer Services, in
  326  cooperation with the department, applicable county and municipal
  327  governments, and stakeholders, shall initiate rulemaking to
  328  implement new or revised best management practices for improving
  329  and protecting Outstanding Florida Springs, and for requiring
  330  the implementation of such practices within a reasonable
  331  timeframe as specified by rule.
  332         (2)Within each area subject to a basin management action
  333  plan that includes an Outstanding Florida Spring, the department
  334  shall determine whether certain types of agricultural
  335  operations, such as intensive row cropping, are inconsistent
  336  with springs protection, despite the application of best
  337  management practices. If the department makes a determination
  338  that operations are inconsistent with springs protection, the
  339  department shall coordinate with the Department of Agriculture
  340  and Consumer Services to fund conservation easements on
  341  agricultural lands with such inconsistent operations. The
  342  easements may include converting the lands to less-polluting
  343  agricultural activities such as long-leaf pine cultivation.
  344         Section 9. This act shall take effect July 1, 2018.