Senate Bill sb0392e1

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  1                      A bill to be entitled

  2         An act relating to watershed restoration;

  3         amending s. 215.619, F.S.; providing for

  4         expanded uses of bonds issued for Everglades

  5         restoration; amending s. 373.026, F.S.;

  6         providing certain requirements before the

  7         release of funds; amending s. 373.4595, F.S.;

  8         providing legislative findings and intent;

  9         providing definitions; providing a deadline and

10         additional components for the Phase II Lake

11         Okeechobee Watershed Protection Plan;

12         prohibiting the disposal of wastewater

13         residuals within the Lake Okeechobee watershed

14         pursuant to certain conditions; providing for

15         the inclusion of a water volume assessment in

16         the Lake Okeechobee Watershed Research and

17         Water Quality Monitoring Program; creating the

18         Caloosahatchee and St. Lucie River Watershed

19         Protection Program; creating the Caloosahatchee

20         River Watershed Protection Plan; providing

21         deadlines for plans submission; providing for

22         required plan elements; creating the

23         Caloosahatchee River Watershed Pollutant

24         Control Program; providing requirements of the

25         program; creating the Caloosahatchee River

26         Watershed Research and Water Quality Monitoring

27         Program; providing program requirements;

28         creating the St. Lucie River Watershed

29         Protection Plan; providing deadlines for plans

30         submission; providing for required plan

31         elements; creating the St. Lucie River


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 1         Watershed Pollutant Control Program; providing

 2         requirements for the program; creating the St.

 3         Lucie Watershed Research and Water Quality

 4         Monitoring Program; providing program

 5         requirements; providing for the evaluation of

 6         the plans; providing for Legislative

 7         ratification of the plans; establishing a

 8         deadline for the establishment of total maximum

 9         daily loads for the Caloosahatchee River and

10         estuary; providing for progress reports;

11         providing rulemaking authority; amending s.

12         373.470, F.S.; providing definitions; expanding

13         sources from which funds may be deposited into

14         the Save Our Everglades Trust Fund; amending s.

15         373.472, F.S.; expanding authorized uses of

16         funds deposited into the Save Our Everglades

17         Trust Fund; extending the period of time in

18         which funds may be deposited into the trust

19         fund; providing for additional distributions

20         from the trust fund; providing an effective

21         date.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Subsections (1) and (6) of section 215.619,

26  Florida Statutes, are amended to read:

27         215.619  Bonds for Everglades restoration.--

28         (1)  The issuance of Everglades restoration bonds to

29  finance or refinance the cost of acquisition and improvement

30  of land, water areas, and related property interests and

31  resources for the purpose of implementing the Comprehensive


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 1  Everglades Restoration Plan under s. 373.470, the Lake

 2  Okeechobee Watershed Protection Plan under s. 373.4595, the

 3  Caloosahatchee River Watershed Protection Plan under s.

 4  373.4595, and the St. Lucie River Watershed Protection Plan

 5  under s. 373.4595 is authorized in accordance with s. 11(e),

 6  Art. VII of the State Constitution. Everglades restoration

 7  bonds, except refunding bonds, may be issued only in fiscal

 8  years 2002-2003 through 2009-2010 and may not be issued in an

 9  amount exceeding $100 million per fiscal year unless the

10  Department of Environmental Protection has requested

11  additional amounts in order to achieve cost savings or

12  accelerate the purchase of land. The duration of Everglades

13  restoration bonds may not exceed 20 annual maturities, and

14  those bonds must mature by December 31, 2030. Except for

15  refunding bonds, a series of bonds may not be issued unless an

16  amount equal to the debt service coming due in the year of

17  issuance has been appropriated by the Legislature.

18         (6)  Lands purchased using bond proceeds under this

19  section paragraph which are later determined by the South

20  Florida Water Management District and the Department of

21  Environmental Protection as not needed to implement the

22  comprehensive plan, the Lake Okeechobee Watershed Protection

23  Plan, the Caloosahatchee River Watershed Protection Plan, or

24  the St. Lucie River Watershed Protection Plan, respectively,

25  shall either be surplused at no less than appraised value, and

26  the proceeds from the sale of such lands shall be deposited

27  into the Save Our Everglades Trust Fund to be used to

28  implement the respective plans comprehensive plan, or the

29  South Florida Water Management District shall use a different

30  source of funds to pay for or reimburse the Save Our

31  


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 1  Everglades Trust Fund for that portion of land not needed to

 2  implement the respective plans comprehensive plan.

 3         Section 2.  Subsection (8) of section 373.026, Florida

 4  Statutes, is amended to read:

 5         373.026  General powers and duties of the

 6  department.--The department, or its successor agency, shall be

 7  responsible for the administration of this chapter at the

 8  state level. However, it is the policy of the state that, to

 9  the greatest extent possible, the department may enter into

10  interagency or interlocal agreements with any other state

11  agency, any water management district, or any local government

12  conducting programs related to or materially affecting the

13  water resources of the state. All such agreements shall be

14  subject to the provisions of s. 373.046. In addition to its

15  other powers and duties, the department shall, to the greatest

16  extent possible:

17         (8)(a)  Provide such coordination, cooperation, or

18  approval necessary to the effectuation of any plan or project

19  of the Federal Government in connection with or concerning the

20  waters in the state. Unless otherwise provided by state or

21  federal law, the department shall, subject to confirmation by

22  the Legislature, have the power to approve or disapprove such

23  federal plans or projects on behalf of the state. If such plan

24  or project is for a coastal inlet, the department shall first

25  determine the impact of the plan or project on the sandy

26  beaches in the state. If the department determines that the

27  plan will have a significant adverse impact on the sandy

28  beaches, the department may not approve the plan or project

29  unless it is revised to mitigate those impacts.

30         (b)  To ensure to the greatest extent possible that

31  project components will go forward as planned, the department


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 1  shall collaborate with the South Florida Water Management

 2  District in implementing the comprehensive plan as defined in

 3  s. 373.470(2)(a), the Lake Okeechobee Watershed Protection

 4  Plan as defined in s. 373.4595(2), and the River Watershed

 5  Protection Plans as defined in s. 373.4595(2). Before any

 6  project component is submitted to Congress for authorization

 7  or receives an appropriation of state funds, the department

 8  must approve, or approve with amendments, each project

 9  component within 60 days following formal submittal of the

10  project component to the department. Prior to the release of

11  state funds for the implementation of the comprehensive plan,

12  department approval shall be based upon a determination of the

13  South Florida Water Management District's compliance with s.

14  373.1501(5). Once a project component is approved, the South

15  Florida Water Management District shall provide to the Joint

16  Legislative Committee on Everglades Oversight a schedule for

17  implementing the project component, the estimated total cost

18  of the project component, any existing federal or nonfederal

19  credits, the estimated remaining federal and nonfederal share

20  of costs, and an estimate of the amount of state funds that

21  will be needed to implement the project component. All

22  requests for an appropriation of state funds needed to

23  implement the project component shall be submitted to the

24  department, and such requests shall be included in the

25  department's annual request to the Governor. Prior to the

26  release of state funds for the implementation of the Lake

27  Okeechobee Watershed Protection Plan or the River Watershed

28  Protection Plans, on an annual basis, the South Florida Water

29  Management District shall prepare an annual work plan as part

30  of the consolidated annual report required in s. 373.036(7).

31  Upon a determination by the secretary of the annual work


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 1  plan's consistency with the goals and objectives of s.

 2  373.4595, the secretary may approve the release of state

 3  funds. Any modifications to the annual work plan shall be

 4  submitted to the secretary for review and approval.

 5         (c)  Notwithstanding paragraph (b), the use of state

 6  funds for land purchases from willing sellers is authorized

 7  for projects within the South Florida Water Management

 8  District's approved 5-year plan of acquisition pursuant to s.

 9  373.59 or within the South Florida Water Management District's

10  approved Florida Forever water management district work plan

11  pursuant to s. 373.199.

12         (d)  The Executive Office of the Governor, pursuant to

13  its duties under s. 373.536(5) to approve or disapprove, in

14  whole or in part, the budget of each water management

15  district, shall review all proposed expenditures for project

16  components in the district's budget.

17         (e)  The department, subject to confirmation by the

18  Legislature, shall act on behalf of the state in the

19  negotiation and consummation of any agreement or compact with

20  another state or states concerning waters of the state.

21         Section 3.  Section 373.4595, Florida Statutes, is

22  amended to read:

23         373.4595  Northern Everglades and Estuaries Lake

24  Okeechobee Protection Program.--

25         (1)  FINDINGS AND INTENT.--

26         (a)  The Legislature finds that the Lake Okeechobee

27  watershed, the Caloosahatchee River watershed, and the St.

28  Lucie River watershed are critical is one of the most

29  important water resources of the state, providing many

30  economic, natural habitat, and biodiversity functions

31  benefiting the public interest, including agricultural,


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 1  public, and environmental water supply; flood control;

 2  fishing; navigation and recreation; and habitat to endangered

 3  and threatened species and other flora and fauna.

 4         (b)  The Legislature finds that changes in land uses,

 5  in the Lake Okeechobee watershed and the construction of the

 6  Central and Southern Florida Project, and the loss of surface

 7  water storage have resulted in adverse changes to the

 8  hydrology and water quality of Lake Okeechobee and the

 9  Caloosahatchee and St. Lucie Rivers and their estuaries. These

10  hydrology and water quality changes have resulted in algal

11  blooms and other adverse impacts to water quality both in Lake

12  Okeechobee and in downstream receiving waters.

13         (c)  The Legislature finds that improvement to the

14  hydrology, and water quality and associated aquatic habitats

15  within the of Lake Okeechobee watershed, the Caloosahatchee

16  River watershed, and the St. Lucie River watershed, is

17  essential to the protection of the greater Everglades

18  ecosystem.

19         (d)  The Legislature also finds that it is imperative

20  for the state, local governments, and agricultural and

21  environmental communities to commit to restoring and

22  protecting the surface water resources of the Lake Okeechobee

23  watershed, the Caloosahatchee River watershed, and the St.

24  Lucie River watershed and downstream receiving waters, and

25  that a watershed-based approach to address these issues must

26  be developed and implemented immediately.

27         (e)  The Legislature finds that phosphorus loads from

28  the Lake Okeechobee watershed have contributed to excessive

29  phosphorus levels throughout the in Lake Okeechobee watershed

30  and downstream receiving waters and that a reduction in levels

31  of phosphorus will benefit the ecology of these systems. The


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 1  excessive levels of phosphorus have also resulted in an

 2  accumulation of phosphorus in the sediments of Lake

 3  Okeechobee. If not removed, internal phosphorus loads from the

 4  sediments are expected to delay responses of the lake to

 5  external phosphorus reductions.

 6         (f)  The Legislature finds that the Lake Okeechobee

 7  phosphorus loads set forth in the South Florida Water

 8  Management District's Technical Publication 81-2 represent an

 9  appropriate basis for the initial phase of phosphorus load

10  reductions to Lake Okeechobee and that subsequent phases of

11  phosphorus load reductions shall be determined by the total

12  maximum daily loads established in accordance with s. 403.067

13  represent an appropriate basis for restoration of the Lake

14  Okeechobee watershed.

15         (g)  The Legislature finds that, in addition to

16  phosphorus, other pollutants are contributing to water quality

17  problems in the Lake Okeechobee watershed, the Caloosahatchee

18  River watershed, and the St. Lucie River watershed, and that

19  the total maximum daily load requirements of s. 403.067

20  provide a means of identifying and addressing these problems.

21         (h)  The Legislature finds that the expeditious

22  implementation of the Lake Okeechobee Watershed Protection

23  Plan and the River Watershed Protection Plans is needed to

24  improve the quality, quantity, timing, and distribution of

25  water in the northern Everglades ecosystem and that this

26  section, in conjunction with s. 403.067, including the

27  implementation of the plans developed and approved pursuant to

28  subsections (3) and (4), and any related basin management

29  action plan developed and implemented pursuant to s.

30  403.067(7)(a), provide a reasonable means of achieving the

31  


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 1  total maximum daily load requirements and achieving and

 2  maintaining compliance with state water quality standards.

 3         (g)  The Legislature finds that this section, in

 4  conjunction with s. 403.067, provides a reasonable means of

 5  achieving and maintaining compliance with state water quality

 6  standards.

 7         (i)(h)  The Legislature finds that the implementation

 8  of the programs contained in this section is for the benefit

 9  of the public health, safety, and welfare and is in the public

10  interest.

11         (j)(i)  The Legislature finds that sufficient research

12  has been conducted and sufficient plans developed to

13  immediately expand and accelerate programs initiate the first

14  phase of a program to address the hydrology and water quality

15  problems in the Lake Okeechobee watershed, the Caloosahatchee

16  River watershed, and the St. Lucie River watershed and

17  downstream receiving waters.

18         (j)  The Legislature finds that in order to achieve the

19  goals and objectives of this section and to effectively

20  implement the Lake Okeechobee Watershed Phosphorus Control

21  Program pursuant to paragraph (3)(c), the state must

22  expeditiously implement the Lake Okeechobee Protection Plan

23  developed pursuant to paragraph (3)(a).

24         (k)  The Legislature finds that a continuing source of

25  funding is needed to effectively implement the programs

26  developed and approved under this section which are needed to

27  address the hydrology and water quality problems a phosphorus

28  control program that initially targets the most significant

29  sources contributing to phosphorus loads within the Lake

30  Okeechobee watershed, the Caloosahatchee River watershed, and

31  the St. Lucie River watershed watershed and continues to


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 1  address other sources as needed to achieve the phased

 2  phosphorus load reductions required under this section.

 3         (l)  It is the intent of the Legislature to protect and

 4  restore surface water resources and achieve and maintain

 5  compliance with water quality standards in the Lake Okeechobee

 6  watershed, the Caloosahatchee River watershed, and the St.

 7  Lucie River watershed, and downstream receiving waters,

 8  through the a phased, comprehensive, and innovative protection

 9  program set forth in this section which includes to reduce

10  both internal and external phosphorus loads to Lake Okeechobee

11  through immediate actions to achieve the phosphorus load

12  reductions set forth in Technical Publication 81-2 and

13  long-term solutions based upon the total maximum daily loads

14  established in accordance with s. 403.067. This program shall

15  be watershed-based, shall provide for consideration of all

16  water quality issues needed to meet the total maximum daily

17  load potential phosphorus sources, and shall include research

18  and monitoring, development and implementation of best

19  management practices, refinement of existing regulations, and

20  structural and nonstructural projects, including public works.

21         (m)  It is the intent of the Legislature that this

22  section the Lake Okeechobee Protection Program be developed

23  and implemented in coordination with the Comprehensive

24  Everglades Restoration Plan and, to the greatest extent

25  practicable, through the implementation of Restudy project

26  components and other federal programs in order to maximize

27  opportunities for the most efficient and timely expenditures

28  of public funds.

29         (n)  It is the intent of the Legislature that the

30  coordinating agencies encourage and support the development of

31  creative public-private partnerships and programs, including


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 1  opportunities for water storage and quality improvement on

 2  private lands and water quality credit trading pollutant

 3  trading and credits, to facilitate or further the restoration

 4  of the surface water resources of the Lake Okeechobee

 5  watershed, the Caloosahatchee River watershed, and the St.

 6  Lucie River watershed, consistent with s. 403.067.

 7         (2)  DEFINITIONS.--As used in this section:

 8         (a)  "Best management practice" means a practice or

 9  combination of practices determined by the coordinating

10  agencies, based on research, field-testing, and expert review,

11  to be the most effective and practicable on-location means,

12  including economic and technological considerations, for

13  improving water quality in agricultural and urban discharges.

14  Best management practices for agricultural discharges shall

15  reflect a balance between water quality improvements and

16  agricultural productivity.

17         (b)  "Caloosahatchee River watershed" means the

18  Caloosahatchee River, its tributaries, its estuary, and the

19  area within Charlotte, Glades, Hendry, and Lee Counties from

20  which surface water flow is directed or drains, naturally or

21  by constructed works, to the river, its tributaries, or its

22  estuary.

23         (c)(b)  "Coordinating agencies" means the Department of

24  Agriculture and Consumer Services, the Department of

25  Environmental Protection, and the South Florida Water

26  Management District.

27         (d)(c)  "Corps of Engineers" means the United States

28  Army Corps of Engineers.

29         (e)(d)  "Department" means the Department of

30  Environmental Protection.

31  


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 1         (f)(e)  "District" means the South Florida Water

 2  Management District.

 3         (g)(f)  "District's WOD program" means the program

 4  implemented pursuant to rules adopted as authorized by this

 5  section and ss. 373.016, 373.044, 373.085, 373.086, 373.109,

 6  373.113, 373.118, 373.451, and 373.453, entitled "Works of the

 7  District Basin."

 8         (h)(g)  "Lake Okeechobee Watershed Construction

 9  Project" means the construction project developed pursuant to

10  paragraph (3)(b).

11         (i)(h)  "Lake Okeechobee Watershed Protection Plan"

12  means the plan developed pursuant to this section and ss.

13  373.451-373.459.

14         (j)(i)  "Lake Okeechobee watershed" means Lake

15  Okeechobee, its tributaries, and the area within which surface

16  water flow is directed or drains, naturally or by constructed

17  works, to the lake or its tributaries. and the area

18  surrounding and tributary to Lake Okeechobee, composed of the

19  surrounding hydrologic basins, as defined by the Lake

20  Okeechobee Protection Plan dated January 1, 2004.

21         (k)(j)  "Lake Okeechobee Watershed Phosphorus Control

22  Program" means the program developed pursuant to paragraph

23  (3)(c).

24         (l)  "Northern Everglades" means the Lake Okeechobee

25  watershed, the Caloosahatchee River watershed, and the St.

26  Lucie River watershed.

27         (m)(k)  "Project component" means any structural or

28  operational change, resulting from the Restudy, to the Central

29  and Southern Florida Project as it existed and was operated as

30  of January 1, 1999.

31  


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 1         (n)(l)  "Restudy" means the Comprehensive Review Study

 2  of the Central and Southern Florida Project, for which federal

 3  participation was authorized by the Federal Water Resources

 4  Development Acts of 1992 and 1996 together with related

 5  Congressional resolutions and for which participation by the

 6  South Florida Water Management District is authorized by s.

 7  373.1501. The term includes all actions undertaken pursuant to

 8  the aforementioned authorizations which will result in

 9  recommendations for modifications or additions to the Central

10  and Southern Florida Project.

11         (o)  "River Watershed Protection Plans" means the

12  Caloosahatchee River Watershed Protection Plan and the St.

13  Lucie River Watershed Protection Plan developed pursuant to

14  this section.

15         (p)  "St. Lucie River watershed" means the St. Lucie

16  River, its tributaries, its estuary, and the area within

17  Martin, Okeechobee, and St. Lucie Counties from which surface

18  water flow is directed or drains, naturally or by constructed

19  works, to the river, its tributaries, or its estuary.

20         (q)(m)  "Total maximum daily load" means the sum of the

21  individual wasteload allocations for point sources and the

22  load allocations for nonpoint sources and natural background.

23  Prior to determining individual wasteload allocations and load

24  allocations, the maximum amount of a pollutant that a water

25  body or water segment can assimilate from all sources without

26  exceeding water quality standards must first be calculated.

27         (3)  LAKE OKEECHOBEE WATERSHED PROTECTION PROGRAM.--A

28  protection program for Lake Okeechobee that achieves

29  phosphorus load reductions for Lake Okeechobee shall be

30  immediately implemented as specified in this subsection. The

31  program shall address the reduction of phosphorus loading to


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 1  the lake from both internal and external sources. Phosphorus

 2  load reductions shall be achieved through a phased program of

 3  implementation. Initial implementation actions shall be

 4  technology-based, based upon a consideration of both the

 5  availability of appropriate technology and the cost of such

 6  technology, and shall include phosphorus reduction measures at

 7  both the source and the regional level. The initial phase of

 8  phosphorus load reductions shall be based upon the district's

 9  Technical Publication 81-2 and the district's WOD program,

10  with subsequent phases of phosphorus load reductions based

11  upon the total maximum daily loads established in accordance

12  with s. 403.067. In the development and administration of the

13  Lake Okeechobee Watershed Protection Program, the coordinating

14  agencies shall maximize opportunities provided by federal

15  cost-sharing programs and opportunities for partnerships with

16  the private sector.

17         (a)  Lake Okeechobee Watershed Protection Plan.--In

18  order to protect and restore surface water resources, the

19  district, in cooperation with the other coordinating agencies,

20  shall complete a Lake Okeechobee Watershed Protection Plan in

21  accordance with this section and ss. 373.451-373.459. The plan

22  shall identify the geographic extent of the watershed, be

23  coordinated with the plans developed pursuant to paragraphs

24  (4)(a) and (b), and contain an implementation schedule for

25  subsequent phases of phosphorus load reduction consistent with

26  the total maximum daily loads established in accordance with

27  s. 403.067. The plan shall consider and build upon a review

28  and analysis of the following:

29         1.  The performance of projects constructed during

30  Phase I and Phase II of the Lake Okeechobee Watershed

31  Construction Project, pursuant to paragraph (b).


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 1         2.  Relevant information resulting from the Lake

 2  Okeechobee Watershed Phosphorus Control Program, pursuant to

 3  paragraph (c).

 4         3.  Relevant information resulting from the Lake

 5  Okeechobee Watershed Research and Water Quality Monitoring

 6  Program, pursuant to paragraph (d).

 7         4.  Relevant information resulting from the Lake

 8  Okeechobee Exotic Species Control Program, pursuant to

 9  paragraph (e).

10         5.  Relevant information resulting from the Lake

11  Okeechobee Internal Phosphorus Management Program, pursuant to

12  paragraph (f).

13         (b)  Lake Okeechobee Watershed Construction

14  Project.--To improve the hydrology and water quality of Lake

15  Okeechobee and downstream receiving waters, including the

16  Caloosahatchee and St. Lucie Rivers and their estuaries, the

17  district shall design and construct the Lake Okeechobee

18  Watershed Construction Project.

19         1.  Phase I.--Phase I of the Lake Okeechobee Watershed

20  Construction Project shall consist of a series of project

21  features consistent with the recommendations of the South

22  Florida Ecosystem Restoration Working Group's Lake Okeechobee

23  Action Plan. Priority basins for such projects include S-191,

24  S-154, and Pools D and E in the Lower Kissimmee River. In

25  order to obtain phosphorus load reductions to Lake Okeechobee

26  as soon as possible, the following actions shall be

27  implemented:

28         a.  The district shall serve as a full partner with the

29  Corps of Engineers in the design and construction of the

30  Grassy Island Ranch and New Palm Dairy stormwater treatment

31  facilities as components of the Lake Okeechobee Water


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 1  Retention/Phosphorus Removal Critical Project. The Corps of

 2  Engineers shall have the lead in design and construction of

 3  these facilities. Should delays be encountered in the

 4  implementation of either of these facilities, the district

 5  shall notify the department and recommend corrective actions.

 6         b.  The district shall obtain permits and complete

 7  construction of two of the isolated wetland restoration

 8  projects that are part of the Lake Okeechobee Water

 9  Retention/Phosphorus Removal Critical Project. The additional

10  isolated wetland projects included in this critical project

11  shall further reduce phosphorus loading to Lake Okeechobee.

12         c.  The district shall work with the Corps of Engineers

13  to expedite initiation of the design process for the Taylor

14  Creek/Nubbins Slough Reservoir Assisted Stormwater Treatment

15  Area, a project component of the Comprehensive Everglades

16  Restoration Plan Restudy. The district shall propose to the

17  Corps of Engineers that the district take the lead in the

18  design and construction of the Reservoir Assisted Stormwater

19  Treatment Area and receive credit towards the local share of

20  the total cost of the Comprehensive Everglades Restoration

21  Plan Restudy.

22         2.  Phase II.--By February 1, 2008, the district, in

23  cooperation with the other coordinating agencies and the Corps

24  of Engineers, shall develop a detailed technical an

25  implementation plan for Phase II of the Lake Okeechobee

26  Watershed Construction Project. The detailed technical plan

27  shall include measures for the improvement of the quality,

28  quantity, timing, and distribution of water in the northern

29  Everglades ecosystem, including the Lake Okeechobee watershed

30  and the estuaries, and for facilitating the achievement of

31  water quality standards. Use of cost-effective biologically


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 1  based, hybrid wetland/chemical and other innovative nutrient

 2  control technologies shall be incorporated in the plan where

 3  appropriate. The detailed technical plan shall also include a

 4  Process Development and Engineering component to finalize the

 5  detail and design of Phase II projects and identify additional

 6  measures needed to increase the certainty that the overall

 7  objectives for improving water quality and quantity can be

 8  met. Based on information and recommendations from the Process

 9  Development and Engineering component, the Phase II detailed

10  technical plan shall be periodically updated. Phase II shall

11  include construction of additional facilities in the priority

12  basins identified in subparagraph (b)1., as well as facilities

13  for other basins in the Lake Okeechobee watershed. This

14  detailed technical plan will require legislative ratification

15  pursuant to paragraph (i). The technical implementation plan

16  shall:

17         a.  Identify Lake Okeechobee Watershed Construction

18  Project facilities designed to contribute to achieving all

19  applicable total maximum daily loads established pursuant to

20  s. 403.067 within the Lake Okeechobee watershed. be

21  constructed to achieve a design objective of 40 parts per

22  billion (ppb) for phosphorus measured as a long-term flow

23  weighted average concentration, unless an allocation has been

24  established pursuant to s. 403.067 for the Lake Okeechobee

25  total maximum daily load.

26         b.  Identify the size and location of all such Lake

27  Okeechobee Watershed Construction Project facilities.

28         c.  Provide a construction schedule for all such Lake

29  Okeechobee Watershed Construction Project facilities,

30  including the sequencing and specific timeframe for

31  


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    CS for CS for SB 392                     First Engrossed (ntc)



 1  construction of each Lake Okeechobee Watershed Construction

 2  Project facility.

 3         d.  Provide a land acquisition schedule for the

 4  acquisition of lands or sufficient interests lands necessary

 5  to achieve the construction schedule.

 6         e.  Provide a detailed schedule of costs associated

 7  with the construction schedule.

 8         f.  Identify, to the maximum extent practicable,

 9  impacts on wetlands and state-listed species expected to be

10  associated with construction of such facilities, including

11  potential alternatives to minimize and mitigate such impacts,

12  as appropriate.

13         g.  Provide for additional measures, including

14  voluntary water storage and quality improvements on private

15  land, to increase water storage and reduce excess water levels

16  in Lake Okeechobee and to reduce excess discharges to the

17  estuaries. The technical plan shall also develop the

18  appropriate water quantity storage goal to achieve the desired

19  Lake Okeechobee range of lake levels and inflow volumes to the

20  Caloosahatchee and St. Lucie estuaries while meeting the other

21  water-related needs of the region, including water supply and

22  flood protection.

23         h.  Provide for additional source controls needed to

24  enhance performance of the Lake Okeechobee Watershed

25  Construction Project facilities. Such additional source

26  controls shall be incorporated into the Lake Okeechobee

27  Watershed Phosphorous Control Program pursuant to paragraph

28  (c).

29         3.  Evaluation.--By January 1, 2004, and every 3 years

30  thereafter, the district, in cooperation with the coordinating

31  agencies, shall conduct an evaluation of any further


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    CS for CS for SB 392                     First Engrossed (ntc)



 1  phosphorus load reductions necessary to achieve compliance

 2  with all the Lake Okeechobee watershed total maximum daily

 3  loads load established pursuant to s. 403.067. Additionally,

 4  the district shall identify modifications to facilities of the

 5  Lake Okeechobee Watershed Construction Project as appropriate

 6  to meet the total maximum daily loads. if the design objective

 7  of 40 parts per billion (ppb) or the allocation established

 8  pursuant to s. 403.067 for the Lake Okeechobee total maximum

 9  daily load established pursuant to s. 403.067 is not being

10  met. The evaluation shall be included in the applicable annual

11  progress report submitted pursuant to subsection (6) paragraph

12  (h).

13         4.  Coordination and review.--To ensure the timely

14  implementation of the Lake Okeechobee Watershed Construction

15  Project, the design of project facilities shall be coordinated

16  with the department and other interested parties, including

17  affected local governments, to the maximum extent practicable.

18  Lake Okeechobee Watershed Construction Project facilities

19  shall be reviewed and commented upon by the department prior

20  to the execution of a construction contract by the district

21  for that facility.

22         (c)  Lake Okeechobee Watershed Phosphorus Control

23  Program.--The Lake Okeechobee Watershed Phosphorus Control

24  Program is designed to be a multifaceted approach to reducing

25  phosphorus loads by improving the management of phosphorus

26  sources within the Lake Okeechobee watershed through continued

27  implementation of existing regulations and best management

28  practices, development and implementation of improved best

29  management practices, improvement and restoration of the

30  hydrologic function of natural and managed systems, and

31  utilization of alternative technologies for nutrient


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    CS for CS for SB 392                     First Engrossed (ntc)



 1  reduction. The coordinating agencies shall facilitate the

 2  application of federal programs that offer opportunities for

 3  water quality treatment, including preservation, restoration,

 4  or creation of wetlands on agricultural lands.

 5         1.  Agricultural nonpoint source best management

 6  practices, developed in accordance with s. 403.067 and

 7  designed to achieve the objectives of the Lake Okeechobee

 8  Watershed Protection Program, shall be implemented on an

 9  expedited basis. The coordinating agencies shall develop an

10  interagency agreement pursuant to ss. 373.046 and 373.406(5)

11  that assures the development of best management practices that

12  complement existing regulatory programs and specifies how

13  those best management practices are implemented and verified.

14  The interagency agreement shall address measures to be taken

15  by the coordinating agencies during any best management

16  practice reevaluation performed pursuant to sub-subparagraph

17  d. The department shall use best professional judgment in

18  making the initial determination of best management practice

19  effectiveness.

20         a.  As provided in s. 403.067(7)(c), the Department of

21  Agriculture and Consumer Services, in consultation with the

22  department, the district, and affected parties, shall initiate

23  rule development for interim measures, best management

24  practices, conservation plans, nutrient management plans, or

25  other measures necessary for Lake Okeechobee watershed total

26  maximum daily phosphorus load reduction. The rule shall

27  include thresholds for requiring conservation and nutrient

28  management plans and criteria for the contents of such plans.

29  Development of agricultural nonpoint source best management

30  practices shall initially focus on those priority basins

31  listed in subparagraph (b)1. The Department of Agriculture and


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    CS for CS for SB 392                     First Engrossed (ntc)



 1  Consumer Services, in consultation with the department, the

 2  district, and affected parties, shall conduct an ongoing

 3  program for improvement of existing and development of new

 4  interim measures or best management practices for the purpose

 5  of adoption of such practices by rule. The Department of

 6  Agriculture and Consumer Services shall work with the

 7  University of Florida's Institute of Food and Agriculture

 8  Sciences to review and, where appropriate, develop revised

 9  nutrient application rates for all agricultural soil

10  amendments in the watershed.

11         b.  Where agricultural nonpoint source best management

12  practices or interim measures have been adopted by rule of the

13  Department of Agriculture and Consumer Services, the owner or

14  operator of an agricultural nonpoint source addressed by such

15  rule shall either implement interim measures or best

16  management practices or demonstrate compliance with the

17  district's WOD program by conducting monitoring prescribed by

18  the department or the district. Owners or operators of

19  agricultural nonpoint sources who implement interim measures

20  or best management practices adopted by rule of the Department

21  of Agriculture and Consumer Services shall be subject to the

22  provisions of s. 403.067(7). The Department of Agriculture and

23  Consumer Services, in cooperation with the department and the

24  district, shall provide technical and financial assistance for

25  implementation of agricultural best management practices,

26  subject to the availability of funds.

27         c.  The district or department shall conduct monitoring

28  at representative sites to verify the effectiveness of

29  agricultural nonpoint source best management practices.

30         d.  Where water quality problems are detected for

31  agricultural nonpoint sources despite the appropriate


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    CS for CS for SB 392                     First Engrossed (ntc)



 1  implementation of adopted best management practices, the

 2  Department of Agriculture and Consumer Services, in

 3  consultation with the other coordinating agencies and affected

 4  parties, shall institute a reevaluation of the best management

 5  practices and make appropriate changes to the rule adopting

 6  best management practices.

 7         2.  Nonagricultural nonpoint source best management

 8  practices, developed in accordance with s. 403.067 and

 9  designed to achieve the objectives of the Lake Okeechobee

10  Watershed Protection Program, shall be implemented on an

11  expedited basis. The department and the district shall develop

12  an interagency agreement pursuant to ss. 373.046 and

13  373.406(5) that assures the development of best management

14  practices that complement existing regulatory programs and

15  specifies how those best management practices are implemented

16  and verified. The interagency agreement shall address measures

17  to be taken by the department and the district during any best

18  management practice reevaluation performed pursuant to

19  sub-subparagraph d.

20         a.  The department and the district are directed to

21  work with the University of Florida's Institute of Food and

22  Agricultural Sciences to develop appropriate nutrient

23  application rates for all nonagricultural soil amendments in

24  the watershed. As provided in s. 403.067(7)(c), the

25  department, in consultation with the district and affected

26  parties, shall develop interim measures, best management

27  practices, or other measures necessary for Lake Okeechobee

28  watershed total maximum daily phosphorus load reduction.

29  Development of nonagricultural nonpoint source best management

30  practices shall initially focus on those priority basins

31  listed in subparagraph (b)1. The department, the district, and


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    CS for CS for SB 392                     First Engrossed (ntc)



 1  affected parties shall conduct an ongoing program for

 2  improvement of existing and development of new interim

 3  measures or best management practices. The district shall

 4  adopt technology-based standards under the district's WOD

 5  program for nonagricultural nonpoint sources of phosphorus.

 6         b.  Where nonagricultural nonpoint source best

 7  management practices or interim measures have been developed

 8  by the department and adopted by the district, the owner or

 9  operator of a nonagricultural nonpoint source shall implement

10  interim measures or best management practices and be subject

11  to the provisions of s. 403.067(7). The department and

12  district shall provide technical and financial assistance for

13  implementation of nonagricultural nonpoint source best

14  management practices, subject to the availability of funds.

15         c.  The district or the department shall conduct

16  monitoring at representative sites to verify the effectiveness

17  of nonagricultural nonpoint source best management practices.

18         d.  Where water quality problems are detected for

19  nonagricultural nonpoint sources despite the appropriate

20  implementation of adopted best management practices, the

21  department and the district shall institute a reevaluation of

22  the best management practices.

23         3.  The provisions of subparagraphs 1. and 2. shall not

24  preclude the department or the district from requiring

25  compliance with water quality standards or with current best

26  management practices requirements set forth in any applicable

27  regulatory program authorized by law for the purpose of

28  protecting water quality. Additionally, subparagraphs 1. and

29  2. are applicable only to the extent that they do not conflict

30  with any rules promulgated by the department that are

31  


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    CS for CS for SB 392                     First Engrossed (ntc)



 1  necessary to maintain a federally delegated or approved

 2  program.

 3         4.  Projects that which reduce the phosphorus load

 4  originating from domestic wastewater systems within the Lake

 5  Okeechobee watershed shall be given funding priority in the

 6  department's revolving loan program under s. 403.1835. The

 7  department shall coordinate and provide assistance to those

 8  local governments seeking financial assistance for such

 9  priority projects.

10         5.  Projects that make use of private lands, or lands

11  held in trust for Indian tribes, to reduce nutrient loadings

12  or concentrations within a basin by one or more of the

13  following methods: restoring the natural hydrology of the

14  basin, restoring wildlife habitat or impacted wetlands,

15  reducing peak flows after storm events, increasing aquifer

16  recharge, or protecting range and timberland from conversion

17  to development, are eligible for grants available under this

18  section from the coordinating agencies. For projects of

19  otherwise equal priority, special funding priority will be

20  given to those projects that make best use of the methods

21  outlined above that involve public-private partnerships or

22  that obtain federal match money. Preference ranking above the

23  special funding priority will be given to projects located in

24  a rural area of critical economic concern designated by the

25  Governor. Grant applications may be submitted by any person or

26  tribal entity, and eligible projects may include, but are not

27  limited to, the purchase of conservation and flowage

28  easements, hydrologic restoration of wetlands, creating

29  treatment wetlands, development of a management plan for

30  natural resources, and financial support to implement a

31  management plan.


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    CS for CS for SB 392                     First Engrossed (ntc)



 1         6.a.  The department shall require all entities

 2  disposing of domestic wastewater residuals within the Lake

 3  Okeechobee watershed and the remaining areas of Okeechobee,

 4  Glades, and Hendry Counties to develop and submit to the

 5  department an agricultural use plan that limits applications

 6  based upon phosphorus loading. By July 1, 2005, phosphorus

 7  concentrations originating from these application sites shall

 8  not exceed the limits established in the district's WOD

 9  program. After December 31, 2007, the department may not

10  authorize the disposal of domestic wastewater residuals within

11  the Lake Okeechobee watershed unless the applicant can

12  affirmatively demonstrate that the phosphorus in the residuals

13  will not add to phosphorus loadings in Lake Okeechobee or its

14  tributaries. This demonstration shall be based on achieving a

15  net balance between phosphorus imports relative to exports on

16  the permitted application site. Exports shall include only

17  phosphorus removed from the Lake Okeechobee watershed through

18  products generated on the permitted application site. This

19  prohibition does not apply to Class AA residuals that are

20  marketed and distributed as fertilizer products in accordance

21  with department rule.

22         b.  Private and government-owned utilities within

23  Monroe, Dade, Broward, Palm Beach, Martin, St. Lucie, Indian

24  River, Okeechobee, Highlands, Hendry, and Glades Counties that

25  dispose of wastewater residual sludge from utility operations

26  and septic removal by land spreading in the Lake Okeechobee

27  watershed may use a line item on local sewer rates to cover

28  wastewater residual treatment and disposal if such disposal

29  and treatment is done by approved alternative treatment

30  methodology at a facility located within the areas designated

31  by the Governor as rural areas of critical economic concern


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    CS for CS for SB 392                     First Engrossed (ntc)



 1  pursuant to s. 288.0656. This additional line item is an

 2  environmental protection disposal fee above the present sewer

 3  rate and shall not be considered a part of the present sewer

 4  rate to customers, notwithstanding provisions to the contrary

 5  in chapter 367. The fee shall be established by the county

 6  commission or its designated assignee in the county in which

 7  the alternative method treatment facility is located. The fee

 8  shall be calculated to be no higher than that necessary to

 9  recover the facility's prudent cost of providing the service.

10  Upon request by an affected county commission, the Florida

11  Public Service Commission will provide assistance in

12  establishing the fee. Further, for utilities and utility

13  authorities that use the additional line item environmental

14  protection disposal fee, such fee shall not be considered a

15  rate increase under the rules of the Public Service Commission

16  and shall be exempt from such rules. Utilities using the

17  provisions of this section may immediately include in their

18  sewer invoicing the new environmental protection disposal fee.

19  Proceeds from this environmental protection disposal fee shall

20  be used for treatment and disposal of wastewater residuals,

21  including any treatment technology that helps reduce the

22  volume of residuals that require final disposal, but such

23  proceeds shall not be used for transportation or shipment

24  costs for disposal or any costs relating to the land

25  application of residuals in the Lake Okeechobee watershed.

26         c.  No less frequently than once every 3 years, the

27  Florida Public Service Commission or the county commission

28  through the services of an independent auditor shall perform a

29  financial audit of all facilities receiving compensation from

30  an environmental protection disposal fee. The Florida Public

31  Service Commission or the county commission through the


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    CS for CS for SB 392                     First Engrossed (ntc)



 1  services of an independent auditor shall also perform an audit

 2  of the methodology used in establishing the environmental

 3  protection disposal fee. The Florida Public Service Commission

 4  or the county commission shall, within 120 days after

 5  completion of an audit, file the audit report with the

 6  President of the Senate and the Speaker of the House of

 7  Representatives and shall provide copies to the county

 8  commissions of the counties set forth in sub-subparagraph b.

 9  The books and records of any facilities receiving compensation

10  from an environmental protection disposal fee shall be open to

11  the Florida Public Service Commission and the Auditor General

12  for review upon request.

13         7.  The Department of Health shall require all entities

14  disposing of septage within the Lake Okeechobee watershed and

15  the remaining areas of Okeechobee, Glades, and Hendry Counties

16  to develop and submit to that agency an agricultural use plan

17  that limits applications based upon phosphorus loading. By

18  July 1, 2005, phosphorus concentrations originating from these

19  application sites shall not exceed the limits established in

20  the district's WOD program.

21         8.  The Department of Agriculture and Consumer Services

22  shall initiate rulemaking requiring entities within the Lake

23  Okeechobee watershed and the remaining areas of Okeechobee,

24  Glades, and Hendry Counties which land-apply animal manure to

25  develop resource management system level conservation plans,

26  according to United States Department of Agriculture criteria,

27  which or nutrient management plans that limit such

28  application, based upon phosphorus loading. Such rules may

29  include criteria and thresholds for the requirement to develop

30  a conservation or nutrient management plan, requirements for

31  plan approval, and recordkeeping requirements.


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    CS for CS for SB 392                     First Engrossed (ntc)



 1         9.  Prior to authorizing a discharge into works of the

 2  district, the district shall require responsible parties to

 3  demonstrate that proposed changes in land use will not result

 4  in increased phosphorus loading over that of existing land

 5  uses.

 6         10.  The district, the department, or the Department of

 7  Agriculture and Consumer Services, as appropriate, shall

 8  implement those alternative nutrient reduction technologies

 9  determined to be feasible pursuant to subparagraph (d)6.

10         (d)  Lake Okeechobee Watershed Research and Water

11  Quality Monitoring Program.--The district, in cooperation with

12  the other coordinating agencies, shall establish a Lake

13  Okeechobee Watershed Research and Water Quality Monitoring

14  Program that builds upon the district's existing Lake

15  Okeechobee research program. The program shall:

16         1.  Evaluate all available existing water quality data

17  concerning total phosphorus in the Lake Okeechobee watershed,

18  develop a water quality baseline to represent existing

19  conditions for total phosphorus, monitor long-term ecological

20  changes, including water quality for total phosphorus, and

21  measure compliance with water quality standards for total

22  phosphorus, including any applicable the total maximum daily

23  load for the Lake Okeechobee watershed as established pursuant

24  to s. 403.067. Every 3 years, the district shall reevaluate

25  water quality and quantity data to ensure that the appropriate

26  projects are being designated and implemented to meet the

27  water quality and storage goals of the plan. The district

28  shall also implement a total phosphorus monitoring program at

29  appropriate all inflow structures owned or operated by the

30  South Florida Water Management District and within the to Lake

31  Okeechobee watershed.


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    CS for CS for SB 392                     First Engrossed (ntc)



 1         2.  Develop a Lake Okeechobee water quality model that

 2  reasonably represents phosphorus dynamics of the lake and

 3  incorporates an uncertainty analysis associated with model

 4  predictions.

 5         3.  Determine the relative contribution of phosphorus

 6  from all identifiable sources and all primary and secondary

 7  land uses.

 8         4.  Conduct an assessment of the sources of phosphorus

 9  from the Upper Kissimmee Chain-of-Lakes and Lake Istokpoga,

10  and their relative contribution to the water quality of Lake

11  Okeechobee. The results of this assessment shall be used by

12  the coordinating agencies to develop interim measures, best

13  management practices, or regulation, as applicable.

14         5.  Assess current water management practices within

15  the Lake Okeechobee watershed and develop recommendations for

16  structural and operational improvements. Such recommendations

17  shall balance water supply, flood control, estuarine salinity,

18  maintenance of a healthy lake littoral zone, and water quality

19  considerations.

20         6.  Evaluate the feasibility of alternative nutrient

21  reduction technologies, including sediment traps, canal and

22  ditch maintenance, fish production or other aquaculture,

23  bioenergy conversion processes, and algal or other biological

24  treatment technologies.

25         7.  Conduct an assessment of the water volumes and

26  timing from the Lake Okeechobee watershed and their relative

27  contribution to the water level changes in Lake Okeechobee and

28  to the timing and volume of water delivered to the estuaries.

29         (e)  Lake Okeechobee Exotic Species Control

30  Program.--The coordinating agencies shall identify the exotic

31  species that threaten the native flora and fauna within the


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    CS for CS for SB 392                     First Engrossed (ntc)



 1  Lake Okeechobee watershed and develop and implement measures

 2  to protect the native flora and fauna.

 3         (f)  Lake Okeechobee Internal Phosphorus Management

 4  Program.--The district, in cooperation with the other

 5  coordinating agencies and interested parties, shall complete a

 6  Lake Okeechobee internal phosphorus load removal feasibility

 7  study. The feasibility study shall be based on technical

 8  feasibility, as well as economic considerations, and address

 9  all reasonable methods of phosphorus removal. If methods are

10  found to be feasible, the district shall immediately pursue

11  the design, funding, and permitting for implementing such

12  methods.

13         (g)  Lake Okeechobee Watershed Protection Plan

14  implementation.--The coordinating agencies shall be jointly

15  responsible for implementing the Lake Okeechobee Watershed

16  Protection Plan, consistent with the statutory authority and

17  responsibility of each agency. Annual funding priorities shall

18  be jointly established, and the highest priority shall be

19  assigned to programs and projects that address phosphorus

20  sources that have the highest relative contribution to

21  phosphorus loading and the greatest potential for reductions

22  needed to meet the total maximum daily loads phosphorus

23  reduction. In determining funding priorities, the coordinating

24  agencies shall also consider the need for regulatory

25  compliance, the extent to which the program or project is

26  ready to proceed, and the availability of federal matching

27  funds or other nonstate funding, including public-private

28  partnerships. Federal and other nonstate funding shall be

29  maximized to the greatest extent practicable.

30         (h)  Priorities and implementation schedules.--The

31  coordinating agencies are authorized and directed to establish


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    CS for CS for SB 392                     First Engrossed (ntc)



 1  priorities and implementation schedules for the achievement of

 2  total maximum daily loads, compliance with the requirements of

 3  s. 403.067, and compliance with applicable water quality

 4  standards within the waters and watersheds subject to this

 5  section.

 6         (i)  Legislative ratification.--The coordinating

 7  agencies shall submit the Phase II technical plan developed

 8  pursuant to paragraph (b) to the President of the Senate and

 9  the Speaker of the House of Representatives prior to the 2008

10  legislative session for review. If the Legislature takes no

11  action on the plan during the 2008 legislative session, the

12  plan is deemed approved and may be implemented.

13         (h)  Annual progress report.--Each March 1, beginning

14  in 2006, the district shall report on implementation of this

15  section as part of the consolidated annual report required in

16  s. 373.036(7). The annual report shall include a summary of

17  water quality and habitat conditions in Lake Okeechobee and

18  the Lake Okeechobee watershed and the status of the Lake

19  Okeechobee Construction Project. The district shall prepare

20  the report in cooperation with the other coordinating

21  agencies.

22         (4)  CALOOSAHATCHEE AND ST. LUCIE RIVER WATERSHED

23  PROTECTION PROGRAM.--A protection program shall be developed

24  and implemented as specified in this subsection. In order to

25  protect and restore surface water resources, the program shall

26  address the reduction of pollutant loadings, restoration of

27  natural hydrology, and compliance with applicable state water

28  quality standards. The program shall be achieved through a

29  phased program of implementation. In addition, pollutant load

30  reductions based upon adopted total maximum daily loads

31  established in accordance with s. 403.067 shall serve as a


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    CS for CS for SB 392                     First Engrossed (ntc)



 1  program objective. In the development and administration of

 2  the program, the coordinating agencies shall maximize

 3  opportunities provided by federal and local government

 4  cost-sharing programs and opportunities for partnerships with

 5  the private sector and local government. The plan shall

 6  include a goal for salinity envelopes and freshwater inflow

 7  targets for the estuaries based upon existing research and

 8  documentation. The goal may be revised as new information is

 9  available. This goal shall seek to reduce the frequency and

10  duration of undesirable salinity ranges while meeting the

11  other water-related needs of the region, including water

12  supply and flood protection, while recognizing the extent to

13  which water inflows are within the control and jurisdiction of

14  the district.

15         (a)  Caloosahatchee River Watershed Protection

16  Plan.--No later than January 1, 2009, the district, in

17  cooperation with the other coordinating agencies, Lee County,

18  and affected counties and municipalities, shall complete a

19  River Watershed Protection Plan in accordance with this

20  subsection. The plan shall identify the geographic extent of

21  the watershed, be coordinated as needed with the plans

22  developed pursuant to subsection (3)(a) and paragraph (b) of

23  this subsection, and contain an implementation schedule for

24  pollutant load reductions consistent with any adopted total

25  maximum daily loads and compliance with applicable state water

26  quality standards. The plan shall include:

27         1.  Caloosahatchee River Watershed Construction

28  Project.--To improve the hydrology, water quality, and aquatic

29  habitats within the watershed, the district shall, no later

30  than January 1, 2012, plan, design, and construct the initial

31  


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    CS for CS for SB 392                     First Engrossed (ntc)



 1  phase of the Watershed Construction Project. In doing so, the

 2  district shall:

 3         a.  Develop and designate the facilities to be

 4  constructed to achieve stated goals and objectives of the

 5  Caloosahatchee River Watershed Protection Plan.

 6         b.  Conduct scientific studies that are necessary to

 7  support the design of the Caloosahatchee River Watershed

 8  Construction Project facilities.

 9         c.  Identify the size and location of all such

10  facilities.

11         d.  Provide a construction schedule for all such

12  facilities, including the sequencing and specific timeframe

13  for construction of each facility.

14         e.  Provide a schedule for the acquisition of lands or

15  sufficient interests necessary to achieve the construction

16  schedule.

17         f.  Provide a schedule of costs and benefits associated

18  with each construction project and identify funding sources.

19         g.  To ensure timely implementation, coordinate the

20  design, scheduling, and sequencing of project facilities with

21  the coordinating agencies, Lee County, other affected counties

22  and municipalities, and other affected parties.

23         2.  Caloosahatchee River Watershed Pollutant Control

24  Program.--The Caloosahatchee River Watershed Pollutant Control

25  Program is designed to be a multifaceted approach to reducing

26  pollutant loads by improving the management of pollutant

27  sources within the Caloosahatchee River watershed through

28  implementation of regulations and best management practices,

29  development and implementation of improved best management

30  practices, improvement and restoration of the hydrologic

31  function of natural and managed systems, and utilization of


                                  33

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    CS for CS for SB 392                     First Engrossed (ntc)



 1  alternative technologies for pollutant reduction, such as

 2  cost-effective biologically based, hybrid wetland/chemical and

 3  other innovative nutrient control technologies. The

 4  coordinating agencies shall facilitate the utilization of

 5  federal programs that offer opportunities for water quality

 6  treatment, including preservation, restoration, or creation of

 7  wetlands on agricultural lands.

 8         a.  Nonpoint source best management practices

 9  consistent with paragraph (3)(c), designed to achieve the

10  objectives of the Caloosahatchee River Watershed Protection

11  Program, shall be implemented on an expedited basis. The

12  coordinating agencies may develop an intergovernmental

13  agreement with local governments to implement the

14  nonagricultural, nonpoint-source best management practices

15  within their respective geographic boundaries.

16         b.  This subsection does not preclude the department or

17  the district from requiring compliance with water quality

18  standards, adopted total maximum daily loads, or current

19  best-management-practices requirements set forth in any

20  applicable regulatory program authorized by law for the

21  purpose of protecting water quality. This subsection applies

22  only to the extent that it does not conflict with any rules

23  adopted by the department or district which are necessary to

24  maintain a federally delegated or approved program.

25         c.  Projects that make use of private lands, or lands

26  held in trust for Indian tribes, to reduce pollutant loadings

27  or concentrations within a basin, or that reduce the volume of

28  harmful discharges by one or more of the following methods:

29  restoring the natural hydrology of the basin, restoring

30  wildlife habitat or impacted wetlands, reducing peak flows

31  after storm events, or increasing aquifer recharge, are


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    CS for CS for SB 392                     First Engrossed (ntc)



 1  eligible for grants available under this section from the

 2  coordinating agencies.

 3         d.  The Caloosahatchee River Watershed Pollutant

 4  Control Program shall require assessment of current water

 5  management practices within the watershed and shall require

 6  development of recommendations for structural, nonstructural,

 7  and operational improvements. Such recommendations shall

 8  consider and balance water supply, flood control, estuarine

 9  salinity, aquatic habitat, and water quality considerations.

10         e.  After December 31, 2007, the department may not

11  authorize the disposal of domestic wastewater residuals within

12  the Caloosahatchee River watershed unless the applicant can

13  affirmatively demonstrate that the nutrients in the residuals

14  will not add to nutrient loadings in the watershed. This

15  demonstration shall be based on achieving a net balance

16  between nutrient imports relative to exports on the permitted

17  application site. Exports shall include only nutrients removed

18  from the watershed through products generated on the permitted

19  application site. This prohibition does not apply to Class AA

20  residuals that are marketed and distributed as fertilizer

21  products in accordance with department rule.

22         f.  The Department of Health shall require all entities

23  disposing of septage within the Caloosahatchee River watershed

24  to develop and submit to that agency an agricultural use plan

25  that limits applications based upon nutrient loading. By July

26  1, 2008, nutrient concentrations originating from these

27  application sites may not exceed the limits established in the

28  district's WOD program.

29         g.  The Department of Agriculture and Consumer Services

30  shall initiate rulemaking requiring entities within the

31  Caloosahatchee River watershed which land-apply animal manure


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    CS for CS for SB 392                     First Engrossed (ntc)



 1  to develop a resource management system level conservation

 2  plan, according to United States Department of Agriculture

 3  criteria which limits such application. Such rules may include

 4  criteria and thresholds for the requirement to develop a

 5  conservation or nutrient management plan, requirements for

 6  plan approval, and recordkeeping requirements.

 7         3.  Caloosahatchee River Watershed Research and Water

 8  Quality Monitoring Program.--The district, in cooperation with

 9  the other coordinating agencies and local governments, shall

10  establish a Caloosahatchee River Watershed Research and Water

11  Quality Monitoring Program that builds upon the district's

12  existing research program and that is sufficient to carry out,

13  comply with, or assess the plans, programs, and other

14  responsibilities created by this subsection. The program shall

15  also conduct an assessment of the water volumes and timing

16  from the Lake Okeechobee and Caloosahatchee River watersheds

17  and their relative contributions to the timing and volume of

18  water delivered to the estuary.

19         (b)  St. Lucie River Watershed Protection Plan.--No

20  later than January 1, 2009, the district, in cooperation with

21  the other coordinating agencies, Martin County, and affected

22  counties and municipalities shall complete a plan in

23  accordance with this subsection. The plan shall identify the

24  geographic extent of the watershed, be coordinated as needed

25  with the plans developed pursuant to paragraph (3)(a) and

26  paragraph (a) of this subsection, and contain an

27  implementation schedule for pollutant load reductions

28  consistent with any adopted total maximum daily loads and

29  compliance with applicable state water quality standards. The

30  plan shall include:

31  


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    CS for CS for SB 392                     First Engrossed (ntc)



 1         1.  St. Lucie River Watershed Construction Project.--To

 2  improve the hydrology, water quality, and aquatic habitats

 3  within the watershed, the district shall, no later than

 4  January 1, 2012, plan, design, and construct the initial phase

 5  of Watershed Construction Project. In doing so, the district

 6  shall:

 7         a.  Develop and designate the facilities to be

 8  constructed to achieve stated goals and objectives of the St.

 9  Lucie River Watershed Protection Plan.

10         b.  Identify the size and location of all such

11  facilities.

12         c.  Provide a construction schedule for all such

13  facilities, including the sequencing and specific timeframe

14  for construction of each facility.

15         d.  Provide a schedule for the acquisition of lands or

16  sufficient interests necessary to achieve the construction

17  schedule.

18         e.  Provide a schedule of costs and benefits associated

19  with each construction project and identify funding sources.

20         f.  To ensure timely implementation, coordinate the

21  design, scheduling, and sequencing of project facilities with

22  the coordinating agencies, Martin County, St. Lucie County,

23  other interested parties, and other affected local

24  governments.

25         2.  St. Lucie River Watershed Pollutant Control

26  Program.--The St. Lucie River Watershed Pollutant Control

27  Program is designed to be a multifaceted approach to reducing

28  pollutant loads by improving the management of pollutant

29  sources within the St. Lucie River watershed through

30  implementation of regulations and best management practices,

31  development and implementation of improved best management


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    CS for CS for SB 392                     First Engrossed (ntc)



 1  practices, improvement and restoration of the hydrologic

 2  function of natural and managed systems, and utilization of

 3  alternative technologies for pollutant reduction, such as

 4  cost-effective biologically based, hybrid wetland/chemical and

 5  other innovative nutrient control technologies. The

 6  coordinating agencies shall facilitate the utilization of

 7  federal programs that offer opportunities for water quality

 8  treatment, including preservation, restoration, or creation of

 9  wetlands on agricultural lands.

10         a.  Nonpoint source best management practices

11  consistent with paragraph (3)(c), designed to achieve the

12  objectives of the St. Lucie River Watershed Protection

13  Program, shall be implemented on an expedited basis. The

14  coordinating agencies may develop an intergovernmental

15  agreement with local governments to implement the

16  nonagricultural nonpoint source best management practices

17  within their respective geographic boundaries.

18         b.  This subsection does not preclude the department or

19  the district from requiring compliance with water quality

20  standards, adopted total maximum daily loads, or current

21  best-management-practices requirements set forth in any

22  applicable regulatory program authorized by law for the

23  purpose of protecting water quality. This subsection applies

24  only to the extent that it does not conflict with any rules

25  adopted by the department or district which are necessary to

26  maintain a federally delegated or approved program.

27         c.  Projects that make use of private lands, or lands

28  held in trust for Indian tribes, to reduce pollutant loadings

29  or concentrations within a basin, or that reduce the volume of

30  harmful discharges by one or more of the following methods:

31  restoring the natural hydrology of the basin, restoring


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    CS for CS for SB 392                     First Engrossed (ntc)



 1  wildlife habitat or impacted wetlands, reducing peak flows

 2  after storm events, or increasing aquifer recharge, are

 3  eligible for grants available under this section from the

 4  coordinating agencies.

 5         d.  The St. Lucie River Watershed Pollutant Control

 6  Program shall require assessment of current water management

 7  practices within the watershed and shall require development

 8  of recommendations for structural, nonstructural, and

 9  operational improvements. Such recommendations shall consider

10  and balance water supply, flood control, estuarine salinity,

11  aquatic habitat, and water quality considerations.

12         e.  After December 31, 2007, the department may not

13  authorize the disposal of domestic wastewater residuals within

14  the St. Lucie River watershed unless the applicant can

15  affirmatively demonstrate that the nutrients in the residuals

16  will not add to nutrient loadings in the watershed. This

17  demonstration shall be based on achieving a net balance

18  between nutrient imports relative to exports on the permitted

19  application site. Exports shall include only nutrients removed

20  from the St. Lucie River watershed through products generated

21  on the permitted application site. This prohibition does not

22  apply to Class AA residuals that are marketed and distributed

23  as fertilizer products in accordance with department rule.

24         f.  The Department of Health shall require all entities

25  disposing of septage within the St. Lucie River watershed to

26  develop and submit to that agency an agricultural use plan

27  that limits applications based upon nutrient loading. By July

28  1, 2008, nutrient concentrations originating from these

29  application sites may not exceed the limits established in the

30  district's WOD program.

31  


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    CS for CS for SB 392                     First Engrossed (ntc)



 1         g.  The Department of Agriculture and Consumer Services

 2  shall initiate rulemaking requiring entities within the St.

 3  Lucie River watershed which land-apply animal manure to

 4  develop a resource management system level conservation plan,

 5  according to United States Department of Agriculture criteria,

 6  which limit such application. Such rules may include criteria

 7  and thresholds for the requirement to develop a conservation

 8  or nutrient management plan, requirements for plan approval,

 9  and recordkeeping requirements.

10         3.  St. Lucie River Watershed Research and Water

11  Quality Monitoring Program.--The district, in cooperation with

12  the other coordinating agencies and local governments, shall

13  establish a St. Lucie River Watershed Research and Water

14  Quality Monitoring Program that builds upon the district's

15  existing research program and that is sufficient to carry out,

16  comply with, or assess the plans, programs, and other

17  responsibilities created by this subsection. The program shall

18  also conduct an assessment of the water volumes and timing

19  from the Lake Okeechobee and St. Lucie River watersheds and

20  their relative contributions to the timing and volume of water

21  delivered to the estuary.

22         (c)  River Watershed Protection Plan

23  implementation.--The coordinating agencies shall be jointly

24  responsible for implementing the River Watershed Protection

25  Plans, consistent with the statutory authority and

26  responsibility of each agency. Annual funding priorities shall

27  be jointly established, and the highest priority shall be

28  assigned to programs and projects that have the greatest

29  potential for achieving the goals and objectives of the plans.

30  In determining funding priorities, the coordinating agencies

31  shall also consider the need for regulatory compliance, the


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    CS for CS for SB 392                     First Engrossed (ntc)



 1  extent to which the program or project is ready to proceed,

 2  and the availability of federal or local government matching

 3  funds. Federal and other nonstate funding shall be maximized

 4  to the greatest extent practicable.

 5         (d)  Evaluation.--By March 1, 2012, and every 3 years

 6  thereafter, the district in cooperation with the coordinating

 7  agencies, shall conduct an evaluation of any pollutant load

 8  reduction goals, as well as any other specific objectives and

 9  goals, as stated in the River Watershed Protection Plans.

10  Additionally, the district shall identify modifications to

11  facilities of the River Watershed Construction Projects, as

12  appropriate, or any other elements of the River Watershed

13  Protection Plans. The evaluation shall be included in the

14  annual progress report submitted pursuant to this section.

15         (e)  Priorities and implementation schedules.--The

16  coordinating agencies are authorized and directed to establish

17  priorities and implementation schedules for the achievement of

18  total maximum daily loads, the requirements of s. 403.067, and

19  compliance with applicable water quality standards within the

20  waters and watersheds subject to this section.

21         (f)  Legislative ratification.--The coordinating

22  agencies shall submit the River Watershed Protection Plans

23  developed pursuant to paragraphs (a) and (b) to the President

24  of the Senate and Speaker of the House of Representatives

25  prior to the 2009 legislative session for review. If the

26  Legislature takes no action on the plan during the 2009

27  legislative session, the plan is deemed approved and may be

28  implemented.

29         (5)  ADOPTION AND IMPLEMENTATION OF TOTAL MAXIMUM DAILY

30  LOADS AND DEVELOPMENT OF BASIN MANAGEMENT ACTION PLANS.--The

31  department is directed to expedite development and adoption of


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    CS for CS for SB 392                     First Engrossed (ntc)



 1  total maximum daily loads for the Caloosahatchee River and

 2  estuary. The department is further directed to, no later than

 3  December 31, 2008, propose for final agency action, total

 4  maximum daily loads for nutrients in the tidal portions of the

 5  Caloosahatchee River and estuary. The department shall

 6  initiate development of basin management action plans as

 7  provided in s. 403.067(7)(a) as follows:

 8         (a)  Basin management action plans shall be developed

 9  as soon as practicable as determined necessary by the

10  department to achieve the total maximum daily loads

11  established for the Lake Okeechobee watershed and the

12  estuaries.

13         (b)  The Phase II technical plan development pursuant

14  to paragraph (3)(b), and the River Watershed Protection Plans

15  developed pursuant to paragraphs (4)(a) and (b), shall provide

16  the basis for basin management action plans developed by the

17  department.

18         (c)  As determined necessary by the department in order

19  to achieve the total maximum daily loads, additional or

20  modified projects or programs that complement those in the

21  legislatively ratified plans may be included during the

22  development of the basin management action plan.

23         (d)  Development of basin management action plans that

24  implement the provisions of the legislatively ratified plans

25  shall be initiated by the department no later than September

26  30 of the year in which the applicable plan is ratified. Where

27  a total maximum daily load has not been established at the

28  time of plan ratification, development of basin management

29  action plans shall be initiated no later than 90 days

30  following adoption of the applicable total maximum daily load.

31  


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    CS for CS for SB 392                     First Engrossed (ntc)



 1         (6)  ANNUAL PROGRESS REPORT.--Each March 1 the district

 2  shall report on implementation of this section as part of the

 3  consolidated annual report required in s. 373.036(7). The

 4  annual report shall include a summary of the conditions of the

 5  hydrology, water quality, and aquatic habitat in the northern

 6  Everglades based on the results of the Research and Water

 7  Quality Monitoring Programs, the status of the Lake Okeechobee

 8  Watershed Construction Project, the status of the

 9  Caloosahatchee River Watershed Construction Project, and the

10  status of the St. Lucie River Watershed Construction Project.

11  In addition, the report shall contain an annual accounting of

12  the expenditure of funds from the Save Our Everglades Trust

13  Fund. At a minimum, the annual report shall provide detail by

14  program and plan, including specific information concerning

15  the amount and use of funds from federal, state, or local

16  government sources. In detailing the use of these funds, the

17  district shall indicate those designated to meet requirements

18  for matching funds. The district shall prepare the report in

19  cooperation with the other coordinating agencies and affected

20  local governments.

21         (7)(4)  LAKE OKEECHOBEE PROTECTION PERMITS.--

22         (a)  The Legislature finds that the Lake Okeechobee

23  Protection Program will benefit Lake Okeechobee and downstream

24  receiving waters and is consistent with the public interest.

25  The Lake Okeechobee Construction Project and structures

26  discharging into or from Lake Okeechobee shall be constructed,

27  operated, and maintained in accordance with this section.

28         (b)  Permits obtained pursuant to this section are in

29  lieu of all other permits under this chapter or chapter 403,

30  except those issued under s. 403.0885, if applicable. No

31  additional permits are required for the Lake Okeechobee


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    CS for CS for SB 392                     First Engrossed (ntc)



 1  Construction Project or structures discharging into or from

 2  Lake Okeechobee, if permitted under this section. Construction

 3  activities related to implementation of the Lake Okeechobee

 4  Construction Project may be initiated prior to final agency

 5  action, or notice of intended agency action, on any permit

 6  from the department under this section.

 7         (c)  Within 90 days of completion of the diversion

 8  plans set forth in Department Consent Orders 91-0694, 91-0707,

 9  91-0706, 91-0705, and RT50-205564, owners or operators of

10  existing structures which discharge into or from Lake

11  Okeechobee that are subject to the provisions of s.

12  373.4592(4)(a) shall apply for a permit from the department to

13  operate and maintain such structures. By September 1, 2000,

14  owners or operators of all other existing structures which

15  discharge into or from Lake Okeechobee shall apply for a

16  permit from the department to operate and maintain such

17  structures. The department shall issue one or more such

18  permits for a term of 5 years upon the demonstration of

19  reasonable assurance that schedules and strategies to achieve

20  and maintain compliance with water quality standards have been

21  provided for, to the maximum extent practicable, and that

22  operation of the structures otherwise complies with provisions

23  of ss. 373.413 and 373.416.

24         1.  Permits issued under this paragraph shall also

25  contain reasonable conditions to ensure that discharges of

26  waters through structures:

27         a.  Are adequately and accurately monitored;

28         b.  Will not degrade existing Lake Okeechobee water

29  quality and will result in an overall reduction of phosphorus

30  input into Lake Okeechobee, as set forth in the district's

31  Technical Publication 81-2 and the total maximum daily load


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    CS for CS for SB 392                     First Engrossed (ntc)



 1  established in accordance with s. 403.067, to the maximum

 2  extent practicable; and

 3         c.  Do not pose a serious danger to public health,

 4  safety, or welfare.

 5         2.  For the purposes of this paragraph, owners and

 6  operators of existing structures which are subject to the

 7  provisions of s. 373.4592(4)(a) and which discharge into or

 8  from Lake Okeechobee shall be deemed in compliance with the

 9  term "maximum extent practicable" if they are in full

10  compliance with the conditions of permits under chapters

11  40E-61 and 40E-63, Florida Administrative Code.

12         3.  By January 1, 2004, the district shall submit to

13  the department a permit modification to the Lake Okeechobee

14  structure permits to incorporate proposed changes necessary to

15  ensure that discharges through the structures covered by this

16  permit achieve state water quality standards, including the

17  total maximum daily load established in accordance with s.

18  403.067. These changes shall be designed to achieve such

19  compliance with state water quality standards no later than

20  January 1, 2015.

21         (d)  The department shall require permits for Lake

22  Okeechobee Construction Project facilities. However, projects

23  identified in sub-subparagraph (3)(b)1.b. that qualify as

24  exempt pursuant to s. 373.406 shall not need permits under

25  this section. Such permits shall be issued for a term of 5

26  years upon the demonstration of reasonable assurances that:

27         1.  The Lake Okeechobee Construction Project facility,

28  based upon the conceptual design documents and any subsequent

29  detailed design documents developed by the district, will

30  achieve the design objectives for phosphorus required in

31  paragraph (3)(b);


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    CS for CS for SB 392                     First Engrossed (ntc)



 1         2.  For water quality standards other than phosphorus,

 2  the quality of water discharged from the facility is of equal

 3  or better quality than the inflows;

 4         3.  Discharges from the facility do not pose a serious

 5  danger to public health, safety, or welfare; and

 6         4.  Any impacts on wetlands or state-listed species

 7  resulting from implementation of that facility of the Lake

 8  Okeechobee Construction Project are minimized and mitigated,

 9  as appropriate.

10         (e)  At least 60 days prior to the expiration of any

11  permit issued under this section, the permittee may apply for

12  a renewal thereof for a period of 5 years.

13         (f)  Permits issued under this section may include any

14  standard conditions provided by department rule which are

15  appropriate and consistent with this section.

16         (g)  Permits issued pursuant to this section may be

17  modified, as appropriate, upon review and approval by the

18  department.

19         (8)(5)  RESTRICTIONS ON WATER DIVERSIONS.--The South

20  Florida Water Management District shall not divert waters to

21  the St. Lucie River, the Indian River estuary, the

22  Caloosahatchee River or its estuary, or the Everglades

23  National Park, in such a way that the state water quality

24  standards are violated, that the nutrients in such diverted

25  waters adversely affect indigenous vegetation communities or

26  wildlife, or that fresh waters diverted to the St. Lucie River

27  or the Caloosahatchee or Indian River estuaries adversely

28  affect the estuarine vegetation or wildlife, unless the

29  receiving waters will biologically benefit by the diversion.

30  However, diversion is permitted when an emergency is declared

31  


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    CS for CS for SB 392                     First Engrossed (ntc)



 1  by the water management district, if the Secretary of

 2  Environmental Protection concurs.

 3         (9)(6)  PRESERVATION OF PROVISIONS RELATING TO THE

 4  EVERGLADES.--Nothing in this section shall be construed to

 5  modify any provision of s. 373.4592.

 6         (10)(7)  RIGHTS OF SEMINOLE TRIBE OF FLORIDA.--Nothing

 7  in this section is intended to diminish or alter the

 8  governmental authority and powers of the Seminole Tribe of

 9  Florida, or diminish or alter the rights of that tribe,

10  including, but not limited to, rights under the water rights

11  compact among the Seminole Tribe of Florida, the state, and

12  the South Florida Water Management District as enacted by Pub.

13  L. No. 100-228, 101 Stat. 1556, and chapter 87-292, Laws of

14  Florida, and codified in s. 285.165, and rights under any

15  other agreement between the Seminole Tribe of Florida and the

16  state or its agencies.  No land of the Seminole Tribe of

17  Florida shall be used for water storage or stormwater

18  treatment without the consent of the tribe.

19         (11)(8)  RELATIONSHIP TO STATE WATER QUALITY

20  STANDARDS.--Nothing in this section shall be construed to

21  modify any existing state water quality standard or to modify

22  the provisions of s. 403.067(6) and (7)(a).

23         (12)  RULES.--The governing board of the district is

24  authorized to adopt rules pursuant to ss. 120.536(1) and

25  120.54 to implement the provisions of this section.

26         (13)(9)  PRESERVATION OF AUTHORITY.--Nothing in this

27  section shall be construed to restrict the authority otherwise

28  granted to agencies pursuant to chapters 373 and 403, and

29  provisions of this section shall be deemed supplemental to the

30  authority granted to agencies pursuant to chapters 373 and

31  403.


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    CS for CS for SB 392                     First Engrossed (ntc)



 1         Section 4.  Subsections (2), (3), (4), (5), and (6) of

 2  section 373.470, Florida Statutes, are amended to read:

 3         373.470  Everglades restoration.--

 4         (2)  DEFINITIONS.--As used in this section, the term:

 5         (a)  "Caloosahatchee River Watershed Protection Plan"

 6  means the plan developed pursuant to s. 373.4595.

 7         (b)(a)  "Comprehensive plan" means the recommended

 8  comprehensive plan contained within the "Final Integrated

 9  Feasibility Report and Programmatic Environmental Impact

10  Statement, April 1999" and submitted to Congress on July 1,

11  1999.

12         (c)(b)  "Corps" means the United States Army Corps of

13  Engineers.

14         (d)(c)  "District" means the South Florida Water

15  Management District.

16         (e)  "Lake Okeechobee Watershed Protection Plan" means

17  the plan developed pursuant to s. 375.4595 and ss.

18  373.451-373.459.

19         (f)(d)  "Project" means the Central and Southern

20  Florida Project authorized under the heading "CENTRAL AND

21  SOUTHERN FLORIDA" in s. 203 of the Flood Control Act of 1948

22  (62 Stat. 1176), and any modification to the project

23  authorized by law.

24         (g)(e)  "Project component" means any structural or

25  operational change, resulting from the comprehensive plan, to

26  the project as it existed and was operated as of January 1,

27  1999.

28         (h)(f)  "Project implementation report" means the

29  project implementation report as described in the "Final

30  Integrated Feasibility Report and Programmatic Environmental

31  


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    CS for CS for SB 392                     First Engrossed (ntc)



 1  Impact Statement, April 1999" and submitted to Congress on

 2  July 1, 1999.

 3         (i)  "River Watershed Protection Plans" means the

 4  Caloosahatchee River Watershed Protection Plan and the St.

 5  Lucie River Watershed Protection Plan as defined in this

 6  subsection.

 7         (j)  "St. Lucie River Watershed Protection Plan" means

 8  the plan developed pursuant to s. 373.4595.

 9         (3)  FURTHER ANALYSIS; AGREEMENTS FOR PROJECT

10  COMPONENTS AND ALLOCATION OF PROJECT BENEFITS.--

11         (a)  The Legislature intends to establish a full and

12  equal partnership between the state and federal governments

13  for the implementation of the comprehensive plan.

14         (b)  The comprehensive plan shall be used as a guide

15  and framework for a continuing planning process to:

16         1.  Reflect new scientific knowledge, the results of

17  pilot projects, and the results of new and continuing

18  feasibility studies with the Corps; and

19         2.  Ensure that project components will be implemented

20  to achieve the purposes provided in the Federal Water Resource

21  Development Act of 1996 that include restoring, preserving,

22  and protecting the South Florida ecosystem, providing for the

23  protection of water quality in and the reduction of the loss

24  of fresh water from the Everglades, and providing such

25  features as are necessary to meet the other water-related

26  needs of the region, including flood control, the enhancement

27  of water supplies, and other objectives served by the project.

28         (c)  Prior to executing a project cooperation agreement

29  with the Corps for the construction of a project component,

30  the district, in cooperation with the Corps, shall complete a

31  project implementation report to address the project


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    CS for CS for SB 392                     First Engrossed (ntc)



 1  component's economic and environmental benefits, engineering

 2  feasibility, and other factors provided in s. 373.1501

 3  sufficient to allow the district to obtain approval under s.

 4  373.026.  Each project implementation report shall also

 5  identify the increase in water supplies resulting from the

 6  project component.  The additional water supply shall be

 7  allocated or reserved by the district under chapter 373.

 8         (4)  SAVE OUR EVERGLADES TRUST FUND; FUNDS AUTHORIZED

 9  FOR DEPOSIT.--The following funds may be deposited into the

10  Save Our Everglades Trust Fund created by s. 373.472 to

11  finance implementation of the comprehensive plan, the Lake

12  Okeechobee Watershed Protection Plan, and the River Watershed

13  Protection Plans:

14         (a)  In fiscal year 2000-2001, funds described in s.

15  259.101(3).

16         (a)(b)  Funds described in subsection (5).

17         (b)(c)  Federal funds appropriated by Congress for

18  implementation of the comprehensive plan, the Lake Okeechobee

19  Watershed Protection Plan, or the River Watershed Protection

20  Plans.

21         (c)(d)  Any additional funds appropriated by the

22  Legislature for the purpose of implementing the comprehensive

23  plan, the Lake Okeechobee Watershed Protection Plan, or the

24  River Watershed Protection Plans.

25         (d)(e)  Gifts designated for implementation of the

26  comprehensive plan, the Lake Okeechobee Watershed Protection

27  Plan, or the River Watershed Protection Plans from

28  individuals, corporations, or other entities.

29         (e)(f)  Funds made available pursuant to s. 201.15 for

30  debt service for Everglades restoration bonds.

31         (5)  SAVE OUR EVERGLADES TRUST FUND SUPPLEMENTED.--


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    CS for CS for SB 392                     First Engrossed (ntc)



 1         (a)1.  For fiscal year 2000-2001, $50 million of state

 2  funds shall be deposited into the Save Our Everglades Trust

 3  Fund created by s. 373.472.

 4         (a)2.  For each year of the 13 9 consecutive years

 5  beginning with fiscal year 2007-2008 2001-2002, $75 million of

 6  state funds may shall be deposited into the Save Our

 7  Everglades Trust Fund created by s. 373.472.

 8         (b)3.  As an alternative to subparagraph 2., Proceeds

 9  of bonds issued under s. 215.619 may be deposited into the

10  Save Our Everglades Trust Fund created under s. 373.472.  To

11  enhance flexibility, funds to be deposited into the Save Our

12  Everglades Trust Fund may consist of any combination of state

13  funds and Everglades restoration bonds.

14         (b)  For each year of the 2 consecutive years beginning

15  with fiscal year 2000-2001, the department shall deposit $25

16  million of the funds allocated to the district by the

17  department under s. 259.105(11)(a) into the Save Our

18  Everglades Trust Fund created by s. 373.472.

19         (6)  DISTRIBUTIONS FROM SAVE OUR EVERGLADES TRUST

20  FUND.--

21         (a)  Except for funds appropriated for debt service,

22  the department shall distribute funds in the Save Our

23  Everglades Trust Fund to the district in accordance with a

24  legislative appropriation and s. 373.026(8)(b) and (c).

25  Distribution of funds to the district from the Save Our

26  Everglades Trust Fund shall be equally matched by the

27  cumulative contributions from the district all local sponsors

28  by fiscal year 2019-2020 2009-2010 by providing funding or

29  credits toward project components. The dollar value of in-kind

30  project design and construction work by the district local

31  sponsors in furtherance of the comprehensive plan and existing


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    CS for CS for SB 392                     First Engrossed (ntc)



 1  interest in public lands needed for a project component are

 2  credits towards the district's local sponsors' contributions.

 3         (b)  The department shall distribute funds in the Save

 4  Our Everglades Trust Fund to the district in accordance with a

 5  legislative appropriation for debt service for Everglades

 6  restoration bonds.

 7         (c)  To the extent that funds are available, the

 8  department may reserve a minimum of $10 million dollars

 9  annually from the Save Our Everglades Trust Fund for the

10  purpose of implementation of the River Watershed Protection

11  Plans within the Northern Everglades as identified in s.

12  373.4595. Distribution of funds from the Save Our Everglades

13  Trust Fund for the implementation of the River Watershed

14  Protection Plans shall be in accordance with paragraph (a) and

15  shall be equally matched by the district and Lee and Martin

16  Counties by fiscal year 2019-2020 by providing funding or

17  credits toward project components. The dollar value of in-kind

18  project design and construction work by the district or the

19  counties in furtherance of the River Watershed Protection

20  Plans and existing interest in public lands needed for a

21  project component are credits towards the district's and

22  counties' contributions.

23         (d)  Subject to a specific appropriation to the

24  Department of Agriculture and Consumer Services for the

25  purpose of implementing agricultural nonpoint source controls

26  as identified in s. 373.4595 or the legislatively ratified

27  Lake Okeechobee Watershed Protection Plan and the River

28  Watershed Protection Plans, and upon written request by the

29  Department of Agriculture and Consumer Services for the

30  transfer, the department shall transfer an amount equal to

31  such specific appropriation from the Save Our Everglades Trust


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    CS for CS for SB 392                     First Engrossed (ntc)



 1  Fund to the Department of Agriculture and Consumer Services

 2  General Inspection Trust Fund. All interest earned on the

 3  investment of funds transferred from the Save Our Everglades

 4  Trust Fund to the General Inspection Trust Fund shall be

 5  credited to the Save Our Everglades Trust Fund by June 30 of

 6  each year.

 7         Section 5.  Subsection (1) of section 373.472, Florida

 8  Statutes, is amended to read:

 9         373.472  Save Our Everglades Trust Fund.--

10         (1)  There is created within the Department of

11  Environmental Protection the Save Our Everglades Trust Fund.

12  Funds in the trust fund shall be expended to implement the

13  comprehensive plan defined in s. 373.470(2)(a), the Lake

14  Okeechobee Watershed Protection Plan defined in s.

15  373.4595(2), the Caloosahatchee River Watershed Protection

16  Plan defined in s. 373.4595(2), and the St. Lucie River

17  Watershed Protection Plan defined in s. 373.4595(2), and to

18  pay debt service for Everglades restoration bonds issued

19  pursuant to s. 215.619. The trust fund shall serve as the

20  repository for state, local, and federal project contributions

21  in accordance with s. 373.470(4).

22         Section 6.  This act shall take effect July 1, 2007.

23  

24  

25  

26  

27  

28  

29  

30  

31  


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