Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1576
       
       
       
       
       
       
                                Ì103328%Î103328                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/24/2014           .                                
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       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