Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. CS for CS for SB 1576 Ì103328%Î103328 LEGISLATIVE ACTION Senate . House Comm: WD . 04/24/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Montford) recommended the following: 1 Senate Amendment to Amendment (356190) 2 3 Delete lines 335 - 511 4 and insert: 5 (6) A local government may apply for an extension of up to 6 5 years from the department for any project in an adopted 7 recovery or prevention strategy. The department may grant the 8 extension if the local government provides sufficient evidence 9 to the department that an extension is in the best interest of 10 the public. For a local government in a rural area of critical 11 state concern, as defined in s. 288.0656, the department may 12 grant an extension of up to 10 years. 13 Section 9. Section 373.807, Florida Statutes, is created to 14 read: 15 373.807 Protection of water quality in Outstanding Florida 16 Springs.—By July 1, 2014, the department shall initiate 17 assessment, pursuant to 403.067(3), of each Outstanding Florida 18 Spring for which an impairment determination has not been made 19 under the numeric nutrient standards in effect for spring vents. 20 Assessments must be completed by July 1, 2017. 21 (1)(a) Simultaneously with the adoption of a nutrient total 22 maximum daily load for an Outstanding Florida Spring, the 23 department, or the department in conjunction with a water 24 management district, shall initiate development of a basin 25 management action plan, as specified in s. 403.067. For an 26 Outstanding Florida Spring with a nutrient total maximum daily 27 load adopted prior to July 1, 2014, the department, or the 28 department in conjunction with a water management district, 29 shall initiate development of a basin management action plan by 30 July 1, 2014. During the development of a basin management 31 action plan, if the department identifies onsite sewage 32 treatment and disposal systems as nonpoint sources of nutrient 33 pollution that need addressing within a local government 34 jurisdiction, the department shall notify the local government 35 within 30 days, which shall develop an onsite sewage treatment 36 and disposal system remediation plan pursuant to subsection (3) 37 for inclusion in the basin management action plan. 38 (b) A basin management action plan for an Outstanding 39 Florida Spring shall be adopted within 3 years of its initiation 40 and must include, at a minimum: 41 1. A list of all specific projects identified to implement 42 a nutrient total maximum daily load. 43 2. A list of all specific projects identified in an onsite 44 sewage treatment and disposal system remediation plan, if 45 applicable. 46 3. A priority rank for each listed project. 47 4. The estimated cost for each listed project. 48 5. For each listed project, the estimated date of 49 completion. 50 6. The source and amount of financial assistance to be made 51 available by the department, a water management district, or 52 other entity for each listed project. 53 7. An estimate of each listed project’s nutrient load 54 reduction. 55 8. A map and legal descriptions depicting the spring 56 protection and management zones established pursuant to s. 57 373.803. 58 9. Identification of each point source or category of 59 nonpoint sources, including but not limited to, urban turf 60 fertilizer, sports turf fertilizer, agricultural fertilizer, 61 onsite sewage treatment and disposal systems, wastewater 62 treatment facilities, animal wastes, and stormwater facilities. 63 An estimated allocation of the pollutant load must be provided 64 for each point source or category of nonpoint sources. 65 10. An implementation plan to achieve the adopted nutrient 66 total maximum daily load within 15 years of the adoption of a 67 basin management action plan. The plan must include measureable 68 interim milestones to be achieved within 5 and 10 years to 69 achieve the adopted nutrient total maximum daily load. 70 (c) For a basin management action plan adopted before July 71 1, 2014, that addresses an Outstanding Florida Spring, the 72 department, or the department in conjunction with a water 73 management district, shall revise the plan by July 1, 2017, 74 pursuant to this section. 75 (d) Upon approval of an onsite sewage treatment and 76 disposal system remediation plan, the plan shall be deemed 77 incorporated as part of the appropriate basin management action 78 plan until such time as the basin management action plan is 79 revised pursuant to s. 403.067(7). 80 (e) A local government may apply for an extension of up to 81 5 years from the department for any project in an adopted basin 82 management action plan. The department may grant the extension 83 if the local government provides sufficient evidence to the 84 department that an extension is in the best interest of the 85 public. For a local government in a rural area of critical state 86 concern, as defined in s. 288.0656, the department may grant an 87 extension of up to 10 years. 88 (2) Within 6 months of the delineation of a spring 89 protection and management zone or zones of an Outstanding 90 Florida Spring that is fully or partially within the 91 jurisdiction of a local government, a local government must 92 develop, enact, and implement an ordinance that meets or exceeds 93 the requirements of the department’s Model Ordinance for 94 Florida-Friendly Fertilizer Use on Urban Landscapes. Such 95 ordinance must require that, within a spring protection and 96 management zone of an Outstanding Florida Spring with an adopted 97 nutrient total maximum daily load, the nitrogen application rate 98 of any fertilizer applied to turf or landscape plants may not 99 exceed the lowest, basic maintenance rate of the most recent 100 recommendations by the Institute of Food and Agricultural 101 Sciences. The department shall adopt rules to implement this 102 paragraph which establish reasonable minimum standards and 103 reflect advancements or improvements regarding nutrient load 104 reductions. 105 (3) By July 1, 2016, the department, in conjunction with 106 the Department of Health and local governments, must identify 107 onsite sewage treatment and disposal systems within each spring 108 protection and management zone. Within 60 days of the 109 department’s completion of the identification of these systems, 110 the department shall provide the location of these systems to 111 the local governments in which they are located. If notified by 112 the department pursuant to subsection (1), the local government, 113 in consultation with the department, shall develop an onsite 114 sewage treatment and disposal system remediation plan within 12 115 months of notification by the department. For each onsite sewage 116 treatment and disposal system or group of systems, the plan must 117 include whether the systems require upgrading, connection to a 118 central sewerage system, or no action. The plan must also 119 include a priority ranking for each system or group of systems 120 that require remediation. Each remediation plan must be 121 submitted to the department for approval. 122 (a) In reviewing and approving the remediation plans, the 123 department shall consider, at a minimum: 124 1. The density of onsite sewage treatment and disposal 125 systems. 126 2. The number of onsite sewage treatment and disposal 127 systems. 128 3. The proximity of the onsite sewage treatment and 129 disposal system or systems to an Outstanding Florida Spring. 130 4. The estimated nutrient loading of the onsite sewage 131 treatment and disposal system or systems. 132 5. The cost of the proposed remedial action. 133 (b) Prior to submitting an onsite sewage treatment and 134 disposal system remediation plan to the department, the local 135 government shall hold at least one public meeting to provide the 136 public an opportunity to comment on the plan. The approval of an 137 onsite sewage treatment and disposal system remediation plan by 138 the department constitutes a final agency action. 139 (c) If a local government does not substantially comply 140 with this subsection, it may be ineligible for funding pursuant 141 to s. 373.809. 142 (4) With respect to implementation of an onsite sewage 143 treatment and disposal system remediation plan, a property owner 144 with an onsite sewage treatment and disposal system identified 145 by the plan may not be required to pay any of the costs of a 146 system inspection or for upgrading a system, or connection fees 147 for connection to a sanitary sewer system. This subsection does 148 not apply to local government programs in existence before July 149 1, 2014, that are inconsistent with this subsection. 150 Section 10. Section 373.809, Florida Statutes, is created 151 to read: 152 373.809 Funding for the restoration and preservation of 153 Outstanding Florida Springs.— 154 (1) Projects to implement an adopted basin management 155 action plan or an adopted recovery or prevention strategy for 156 Outstanding Florida Springs are eligible for funding from 157 documentary stamp tax revenues deposited into the Ecosystem 158 Management and Restoration Trust Fund in accordance with s. 159 201.15(1)(c)3.b. The Legislature may use other sources of 160 revenue to fund projects that will benefit an adopted basin 161 management action plan or an adopted recovery or prevention 162 strategy for Outstanding Florida Springs. 163 (2) By December 31, 2014, the department shall adopt rules 164 to fund pilot projects that test the effectiveness of innovative 165 or existing nutrient reduction or water conservation 166 technologies or practices designed to minimize nutrient 167 pollution in the springs of this state. The department may 168 approve funding for pilot projects each funding cycle if the 169 department determines that the pilot project will not be harmful 170 to the ecological resources in the study area. 171 (3) By December 31, 2014, the department shall adopt rules 172 to evaluate, rank, and select projects eligible for funding 173 under this part or land acquisition pursuant to s. 174 201.15(1)(c)3.b. In developing these rules, the department shall 175 give preference to the projects that will result in the greatest 176 improvement to water quality and water quantity for the dollars 177 to be expended for the project. At a minimum, the department 178 shall consider: 179 (a) The level of nutrient impairment of the Outstanding 180 Florida Spring in which the project is located. 181 (b) The quantity of pollutants, particularly total 182 nitrogen, the project is estimated to remove from an Outstanding 183 Florida Spring with an adopted nutrient total maximum daily 184 load. 185 (c) The flow necessary to restore the Outstanding Florida 186 Spring to its adopted minimum flow or minimum water level. 187 (d) The anticipated impact the project will have on 188 restoring or increasing water flow or water level. 189 (e) The amount of matching funds for the project that will 190 be provided by the entities responsible for implementing the 191 project. 192 (f) Whether the project is located in a rural area of 193 critical state concern, as defined in s. 288.0656, with 194 preference given to the local government responsible for 195 implementing the project. 196 (g) For multiple-year projects, whether the project has 197 funding sources that are identified and assured through the 198 expected completion date of the project. 199 (h) The cost of the project and the length of time it will 200 take to complete relative to its expected benefits. 201 (i) Whether the entities responsible for implementing the