Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. PCS (279658) for CS for SB 918
       
       
       
       
       
       
                                Ì534254%Î534254                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/22/2015           .                                
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       The Committee on Appropriations (Hays) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 1615 - 2591
    4  and insert:
    5  immediately implemented as specified in this subsection. The
    6  Lake Okeechobee Watershed Protection Program shall address the
    7  reduction of phosphorus loading to the lake from both internal
    8  and external sources. Phosphorus load reductions shall be
    9  achieved through a phased program of implementation. Initial
   10  implementation actions shall be technology-based, based upon a
   11  consideration of both the availability of appropriate technology
   12  and the cost of such technology, and shall include phosphorus
   13  reduction measures at both the source and the regional level.
   14  The initial phase of phosphorus load reductions shall be based
   15  upon the district’s Technical Publication 81-2 and the
   16  district’s WOD program, with subsequent phases of phosphorus
   17  load reductions based upon the total maximum daily loads
   18  established in accordance with s. 403.067. In the development
   19  and administration of the Lake Okeechobee Watershed Protection
   20  Program, the coordinating agencies shall maximize opportunities
   21  provided by federal cost-sharing programs and opportunities for
   22  partnerships with the private sector.
   23         (a) Lake Okeechobee Watershed Protection Plan.—In order to
   24  protect and restore surface water resources, the district, in
   25  cooperation with the other coordinating agencies, shall complete
   26  a Lake Okeechobee Watershed Protection Plan in accordance with
   27  this section and ss. 373.451-373.459. Beginning March 1, 2020,
   28  and every 5 years thereafter, the district shall update the Lake
   29  Okeechobee Watershed Protection Plan to ensure that it is
   30  consistent with the Lake Okeechobee Basin Management Action Plan
   31  adopted pursuant to s. 403.067. The Lake Okeechobee Watershed
   32  Protection Plan shall identify the geographic extent of the
   33  watershed, be coordinated with the plans developed pursuant to
   34  paragraphs (4)(a) and (c) (b), and include the Lake Okeechobee
   35  Watershed Construction Project and the Lake Okeechobee Watershed
   36  Research and Water Quality Monitoring Program contain an
   37  implementation schedule for subsequent phases of phosphorus load
   38  reduction consistent with the total maximum daily loads
   39  established in accordance with s. 403.067. The plan shall
   40  consider and build upon a review and analysis of the following:
   41         1. the performance of projects constructed during Phase I
   42  and Phase II of the Lake Okeechobee Watershed Construction
   43  Project, pursuant to subparagraph 1.; paragraph (b).
   44         2. relevant information resulting from the Lake Okeechobee
   45  Basin Management Action Plan Watershed Phosphorus Control
   46  Program, pursuant to paragraph (b); (c).
   47         3. relevant information resulting from the Lake Okeechobee
   48  Watershed Research and Water Quality Monitoring Program,
   49  pursuant to subparagraph 2.; paragraph (d).
   50         4. relevant information resulting from the Lake Okeechobee
   51  Exotic Species Control Program, pursuant to paragraph (c); and
   52  (e).
   53         5. relevant information resulting from the Lake Okeechobee
   54  Internal Phosphorus Management Program, pursuant to paragraph
   55  (d) (f).
   56         1.(b) Lake Okeechobee Watershed Construction Project.—To
   57  improve the hydrology and water quality of Lake Okeechobee and
   58  downstream receiving waters, including the Caloosahatchee and
   59  St. Lucie Rivers and their estuaries, the district, in
   60  cooperation with the other coordinating agencies, shall design
   61  and construct the Lake Okeechobee Watershed Construction
   62  Project. The project shall include:
   63         a.1. Phase I.—Phase I of the Lake Okeechobee Watershed
   64  Construction Project shall consist of a series of project
   65  features consistent with the recommendations of the South
   66  Florida Ecosystem Restoration Working Group’s Lake Okeechobee
   67  Action Plan. Priority basins for such projects include S-191, S
   68  154, and Pools D and E in the Lower Kissimmee River. In order to
   69  obtain phosphorus load reductions to Lake Okeechobee as soon as
   70  possible, the following actions shall be implemented:
   71         (I)a. The district shall serve as a full partner with the
   72  Corps of Engineers in the design and construction of the Grassy
   73  Island Ranch and New Palm Dairy stormwater treatment facilities
   74  as components of the Lake Okeechobee Water Retention/Phosphorus
   75  Removal Critical Project. The Corps of Engineers shall have the
   76  lead in design and construction of these facilities. Should
   77  delays be encountered in the implementation of either of these
   78  facilities, the district shall notify the department and
   79  recommend corrective actions.
   80         (II)b. The district shall obtain permits and complete
   81  construction of two of the isolated wetland restoration projects
   82  that are part of the Lake Okeechobee Water Retention/Phosphorus
   83  Removal Critical Project. The additional isolated wetland
   84  projects included in this critical project shall further reduce
   85  phosphorus loading to Lake Okeechobee.
   86         (III)c. The district shall work with the Corps of Engineers
   87  to expedite initiation of the design process for the Taylor
   88  Creek/Nubbins Slough Reservoir Assisted Stormwater Treatment
   89  Area, a project component of the Comprehensive Everglades
   90  Restoration Plan. The district shall propose to the Corps of
   91  Engineers that the district take the lead in the design and
   92  construction of the Reservoir Assisted Stormwater Treatment Area
   93  and receive credit towards the local share of the total cost of
   94  the Comprehensive Everglades Restoration Plan.
   95         b.2. Phase II technical plan and construction.—By February
   96  1, 2008, The district, in cooperation with the other
   97  coordinating agencies, shall develop a detailed technical plan
   98  for Phase II of the Lake Okeechobee Watershed Construction
   99  Project which provides the basis for the Lake Okeechobee Basin
  100  Management Action Plan adopted by the department pursuant to s.
  101  403.067. The detailed technical plan shall include measures for
  102  the improvement of the quality, quantity, timing, and
  103  distribution of water in the northern Everglades ecosystem,
  104  including the Lake Okeechobee watershed and the estuaries, and
  105  for facilitating the achievement of water quality standards. Use
  106  of cost-effective biologically based, hybrid wetland/chemical
  107  and other innovative nutrient control technologies shall be
  108  incorporated in the plan where appropriate. The detailed
  109  technical plan shall also include a Process Development and
  110  Engineering component to finalize the detail and design of Phase
  111  II projects and identify additional measures needed to increase
  112  the certainty that the overall objectives for improving water
  113  quality and quantity can be met. Based on information and
  114  recommendations from the Process Development and Engineering
  115  component, the Phase II detailed technical plan shall be
  116  periodically updated. Phase II shall include construction of
  117  additional facilities in the priority basins identified in sub-
  118  subparagraph a. subparagraph 1., as well as facilities for other
  119  basins in the Lake Okeechobee watershed. This detailed technical
  120  plan will require legislative ratification pursuant to paragraph
  121  (i). The technical plan shall:
  122         (I)a. Identify Lake Okeechobee Watershed Construction
  123  Project facilities designed to contribute to achieving all
  124  applicable total maximum daily loads established pursuant to s.
  125  403.067 within the Lake Okeechobee watershed.
  126         (II)b. Identify the size and location of all such Lake
  127  Okeechobee Watershed Construction Project facilities.
  128         (III)c. Provide a construction schedule for all such Lake
  129  Okeechobee Watershed Construction Project facilities, including
  130  the sequencing and specific timeframe for construction of each
  131  Lake Okeechobee Watershed Construction Project facility.
  132         (IV)d. Provide a schedule for the acquisition of lands or
  133  sufficient interests necessary to achieve the construction
  134  schedule.
  135         (V)e. Provide a detailed schedule of costs associated with
  136  the construction schedule.
  137         (VI)f. Identify, to the maximum extent practicable, impacts
  138  on wetlands and state-listed species expected to be associated
  139  with construction of such facilities, including potential
  140  alternatives to minimize and mitigate such impacts, as
  141  appropriate.
  142         (VII)g. Provide for additional measures, including
  143  voluntary water storage and quality improvements on private
  144  land, to increase water storage and reduce excess water levels
  145  in Lake Okeechobee and to reduce excess discharges to the
  146  estuaries.
  147         (VIII)The technical plan shall also Develop the
  148  appropriate water quantity storage goal to achieve the desired
  149  Lake Okeechobee range of lake levels and inflow volumes to the
  150  Caloosahatchee and St. Lucie estuaries while meeting the other
  151  water-related needs of the region, including water supply and
  152  flood protection.
  153         (IX)h. Provide for additional source controls needed to
  154  enhance performance of the Lake Okeechobee Watershed
  155  Construction Project facilities. Such additional source controls
  156  shall be incorporated into the Lake Okeechobee Basin Management
  157  Action Plan Watershed Phosphorous Control Program pursuant to
  158  paragraph (b) (c).
  159         c.3. Evaluation.—Within 5 years after the adoption of the
  160  Lake Okeechobee Basin Management Action Plan pursuant to s.
  161  403.067 and every 5 By January 1, 2004, and every 3 years
  162  thereafter, the department district, in cooperation with the
  163  other coordinating agencies, shall conduct an evaluation of the
  164  Lake Okeechobee Watershed Construction Project and identify any
  165  further load reductions necessary to achieve compliance with the
  166  all Lake Okeechobee watershed total maximum daily loads
  167  established pursuant to s. 403.067. Additionally, The district
  168  shall identify modifications to facilities of the Lake
  169  Okeechobee Watershed Construction Project as appropriate to meet
  170  the total maximum daily loads. Modifications to the Lake
  171  Okeechobee Watershed Construction Project resulting from this
  172  evaluation shall be incorporated into the Lake Okeechobee Basin
  173  Management Action Plan and The evaluation shall be included in
  174  the applicable annual progress report submitted pursuant to
  175  subsection (6).
  176         d.4. Coordination and review.—To ensure the timely
  177  implementation of the Lake Okeechobee Watershed Construction
  178  Project, the design of project facilities shall be coordinated
  179  with the department and other interested parties, including
  180  affected local governments, to the maximum extent practicable.
  181  Lake Okeechobee Watershed Construction Project facilities shall
  182  be reviewed and commented upon by the department before prior to
  183  the execution of a construction contract by the district for
  184  that facility.
  185         2. Lake Okeechobee Watershed Research and Water Quality
  186  Monitoring Program.—The coordinating agencies shall implement a
  187  Lake Okeechobee Watershed Research and Water Quality Monitoring
  188  Program. Results from the program shall be used by the
  189  department, in cooperation with the other coordinating agencies,
  190  to make modifications to the Lake Okeechobee Basin Management
  191  Action Plan adopted pursuant to s. 403.067, as appropriate. The
  192  program shall:
  193         a. Evaluate all available existing water quality data
  194  concerning total phosphorus in the Lake Okeechobee watershed,
  195  develop a water quality baseline to represent existing
  196  conditions for total phosphorus, monitor long-term ecological
  197  changes, including water quality for total phosphorus, and
  198  measure compliance with water quality standards for total
  199  phosphorus, including any applicable total maximum daily load
  200  for the Lake Okeechobee watershed as established pursuant to s.
  201  403.067. Beginning March 1, 2020, and every 5 years thereafter,
  202  the department shall reevaluate water quality and quantity data
  203  to ensure that the appropriate projects are being designated and
  204  incorporated into the Lake Okeechobee Basin Management Action
  205  Plan adopted pursuant to s. 403.067. The district shall
  206  implement a total phosphorus monitoring program at appropriate
  207  structures owned or operated by the district and within the Lake
  208  Okeechobee watershed.
  209         b. Develop a Lake Okeechobee water quality model that
  210  reasonably represents the phosphorus dynamics of Lake Okeechobee
  211  and incorporates an uncertainty analysis associated with model
  212  predictions.
  213         c. Determine the relative contribution of phosphorus from
  214  all identifiable sources and all primary and secondary land
  215  uses.
  216         d. Conduct an assessment of the sources of phosphorus from
  217  the Upper Kissimmee Chain-of-Lakes and Lake Istokpoga, and their
  218  relative contribution to the water quality of Lake Okeechobee.
  219  The results of this assessment shall be used by the coordinating
  220  agencies as part of the Lake Okeechobee Basin Management Action
  221  Plan adopted pursuant to s. 403.067 to develop interim measures,
  222  best management practices, or regulations, as applicable.
  223         e. Assess current water management practices within the
  224  Lake Okeechobee watershed and develop recommendations for
  225  structural and operational improvements. Such recommendations
  226  shall balance water supply, flood control, estuarine salinity,
  227  maintenance of a healthy lake littoral zone, and water quality
  228  considerations.
  229         f. Evaluate the feasibility of alternative nutrient
  230  reduction technologies, including sediment traps, canal and
  231  ditch maintenance, fish production or other aquaculture,
  232  bioenergy conversion processes, and algal or other biological
  233  treatment technologies and include any alternative nutrient
  234  reduction technologies determined to be feasible in the Lake
  235  Okeechobee Basin Management Action Plan adopted pursuant to s.
  236  403.067.
  237         g. Conduct an assessment of the water volumes and timing
  238  from the Lake Okeechobee watershed and their relative
  239  contribution to the water level changes in Lake Okeechobee and
  240  to the timing and volume of water delivered to the estuaries.
  241         (b)(c)Lake Okeechobee Basin Management Action Plan
  242  Watershed Phosphorus Control Program.—The Lake Okeechobee Basin
  243  Management Action Plan adopted pursuant to s. 403.067 shall be
  244  the watershed phosphorus control component for Lake Okeechobee.
  245  The Lake Okeechobee Basin Management Action Plan shall be
  246  Program is designed to be a multifaceted approach designed to
  247  achieve the total maximum daily load reducing phosphorus loads
  248  by improving the management of phosphorus sources within the
  249  Lake Okeechobee watershed through implementation of regulations
  250  and best management practices, continued development and
  251  continued implementation of improved best management practices,
  252  improvement and restoration of the hydrologic function of
  253  natural and managed systems, and use utilization of alternative
  254  technologies for nutrient reduction. The plan must include an
  255  implementation schedule pursuant to this subsection for
  256  pollutant load reductions. As provided in s. 403.067(7)(a)6.,
  257  the Lake Okeechobee Basin Management Action Plan must include
  258  milestones for implementation and water quality improvement and
  259  an associated water quality monitoring component sufficient to
  260  evaluate whether reasonable progress in pollutant load
  261  reductions is being achieved over time. The department shall
  262  develop a schedule to establish 5-, 10-, and 15-year measurable
  263  milestones and a target to achieve the adopted total maximum
  264  daily load no more than 20 years after adoption of the plan. The
  265  schedule shall be used to provide guidance for planning and
  266  funding purposes and is exempt from s. 120.54(1)(a). An
  267  assessment of progress toward these milestones shall be
  268  conducted every 5 years and revisions to the plan shall be made,
  269  as appropriate, as a result of each 5-year review. The
  270  assessment shall be provided to the Governor, the President of
  271  the Senate, and the Speaker of the House of Representatives.
  272  Upon the first 5-year review, the schedule of measurable
  273  milestones and a target to achieve water quality improvement
  274  consistent with this section shall be adopted into the plan.
  275  Revisions to the basin management action plan shall be made by
  276  the department in cooperation with the basin stakeholders.
  277  Revisions to best management practices or other measures must
  278  follow the procedures set forth in s. 403.067(7)(c)4. Revised
  279  basin management plans must be adopted pursuant to s.
  280  403.067(7)(a)4. If achieving the adopted total maximum daily
  281  load within 20 years is not practicable, the schedule must
  282  contain an explanation of the constraints that prevent the
  283  achievement of the total maximum daily load within 20 years, an
  284  estimate of the time needed to achieve the total maximum daily
  285  load, and additional 5-year measurable milestones, as necessary.
  286  The coordinating agencies shall develop an interagency agreement
  287  pursuant to ss. 373.046 and 373.406 which is consistent with the
  288  department taking the lead on water quality protection measures
  289  through the Lake Okeechobee Basin Management Action Plan adopted
  290  pursuant to s. 403.067; the district taking the lead on
  291  hydrologic improvements pursuant to paragraph (a); and the
  292  Department of Agriculture and Consumer Services taking the lead
  293  on agricultural interim measures, best management practices, and
  294  other measures adopted pursuant to s. 403.067. The interagency
  295  agreement must specify how best management practices for
  296  nonagricultural nonpoint sources are developed and how all best
  297  management practices are implemented and verified consistent
  298  with s. 403.067 and this section. The interagency agreement must
  299  address measures to be taken by the coordinating agencies during
  300  any best management practice reevaluation performed pursuant to
  301  subparagraphs 5. and 10. The department shall use best
  302  professional judgment in making the initial determination of
  303  best management practice effectiveness. The coordinating
  304  agencies may develop an intergovernmental agreement with local
  305  governments to implement nonagricultural nonpoint source best
  306  management practices within their respective geographic
  307  boundaries. The coordinating agencies shall facilitate the
  308  application of federal programs that offer opportunities for
  309  water quality treatment, including preservation, restoration, or
  310  creation of wetlands on agricultural lands.
  311         1. Agricultural nonpoint source best management practices,
  312  developed in accordance with s. 403.067 and designed to achieve
  313  the objectives of the Lake Okeechobee Watershed Protection
  314  Program as part of a phased approach of management strategies
  315  within the Lake Okeechobee Basin Management Action Plan, shall
  316  be implemented on an expedited basis. The coordinating agencies
  317  shall develop an interagency agreement pursuant to ss. 373.046
  318  and 373.406(5) that assures the development of best management
  319  practices that complement existing regulatory programs and
  320  specifies how those best management practices are implemented
  321  and verified. The interagency agreement shall address measures
  322  to be taken by the coordinating agencies during any best
  323  management practice reevaluation performed pursuant to sub
  324  subparagraph d. The department shall use best professional
  325  judgment in making the initial determination of best management
  326  practice effectiveness.
  327         2.a. As provided in s. 403.067(7)(c), the Department of
  328  Agriculture and Consumer Services, in consultation with the
  329  department, the district, and affected parties, shall initiate
  330  rule development for interim measures, best management
  331  practices, conservation plans, nutrient management plans, or
  332  other measures necessary for Lake Okeechobee watershed total
  333  maximum daily load reduction. The rule shall include thresholds
  334  for requiring conservation and nutrient management plans and
  335  criteria for the contents of such plans. Development of
  336  agricultural nonpoint source best management practices shall
  337  initially focus on those priority basins listed in sub
  338  subparagraph (a)1.a. subparagraph (b)1. The Department of
  339  Agriculture and Consumer Services, in consultation with the
  340  department, the district, and affected parties, shall conduct an
  341  ongoing program for improvement of existing and development of
  342  new agricultural nonpoint source interim measures and or best
  343  management practices. The Department of Agriculture and Consumer
  344  Services shall adopt for the purpose of adoption of such
  345  practices by rule. The Department of Agriculture and Consumer
  346  Services shall work with the University of Florida Florida’s
  347  Institute of Food and Agriculture Sciences to review and, where
  348  appropriate, develop revised nutrient application rates for all
  349  agricultural soil amendments in the watershed.
  350         3.b.As provided in s. 403.067, where agricultural nonpoint
  351  source best management practices or interim measures have been
  352  adopted by rule of the Department of Agriculture and Consumer
  353  Services, the owner or operator of an agricultural nonpoint
  354  source addressed by such rule shall either implement interim
  355  measures or best management practices or demonstrate compliance
  356  with state water quality standards addressed by the Lake
  357  Okeechobee Basin Management Action Plan adopted pursuant to s.
  358  403.067 the district’s WOD program by conducting monitoring
  359  prescribed by the department or the district. Owners or
  360  operators of agricultural nonpoint sources who implement interim
  361  measures or best management practices adopted by rule of the
  362  Department of Agriculture and Consumer Services shall be subject
  363  to the provisions of s. 403.067(7). The Department of
  364  Agriculture and Consumer Services, in cooperation with the
  365  department and the district, shall provide technical and
  366  financial assistance for implementation of agricultural best
  367  management practices, subject to the availability of funds.
  368         4.c. The district or department shall conduct monitoring at
  369  representative sites to verify the effectiveness of agricultural
  370  nonpoint source best management practices.
  371         5.d. Where water quality problems are detected for
  372  agricultural nonpoint sources despite the appropriate
  373  implementation of adopted best management practices, the
  374  Department of Agriculture and Consumer Services, in consultation
  375  with the other coordinating agencies and affected parties, shall
  376  institute a reevaluation of the best management practices shall
  377  be conducted pursuant to s. 403.067(7)(c)4. Should the
  378  reevaluation determine that the best management practices or
  379  other measures require modification, the rule shall be revised
  380  to require implementation of the modified practice within a
  381  reasonable period as specified in the rule and make appropriate
  382  changes to the rule adopting best management practices.
  383         6.2.As provided in s. 403.067, nonagricultural nonpoint
  384  source best management practices, developed in accordance with
  385  s. 403.067 and designed to achieve the objectives of the Lake
  386  Okeechobee Watershed Protection Program as part of a phased
  387  approach of management strategies within the Lake Okeechobee
  388  Basin Management Action Plan, shall be implemented on an
  389  expedited basis. The department and the district shall develop
  390  an interagency agreement pursuant to ss. 373.046 and 373.406(5)
  391  that assures the development of best management practices that
  392  complement existing regulatory programs and specifies how those
  393  best management practices are implemented and verified. The
  394  interagency agreement shall address measures to be taken by the
  395  department and the district during any best management practice
  396  reevaluation performed pursuant to sub-subparagraph d.
  397         7.a. The department and the district are directed to work
  398  with the University of Florida Florida’s Institute of Food and
  399  Agricultural Sciences to develop appropriate nutrient
  400  application rates for all nonagricultural soil amendments in the
  401  watershed. As provided in s. 403.067 s. 403.067(7)(c), the
  402  department, in consultation with the district and affected
  403  parties, shall develop nonagricultural nonpoint source interim
  404  measures, best management practices, or other measures necessary
  405  for Lake Okeechobee watershed total maximum daily load
  406  reduction. Development of nonagricultural nonpoint source best
  407  management practices shall initially focus on those priority
  408  basins listed in sub-subparagraph (a)1.a. subparagraph (b)1. The
  409  department, the district, and affected parties shall conduct an
  410  ongoing program for improvement of existing and development of
  411  new interim measures and or best management practices. The
  412  department or the district shall adopt such practices by rule
  413  The district shall adopt technology-based standards under the
  414  district’s WOD program for nonagricultural nonpoint sources of
  415  phosphorus. Nothing in this sub-subparagraph shall affect the
  416  authority of the department or the district to adopt basin
  417  specific criteria under this part to prevent harm to the water
  418  resources of the district.
  419         8.b. Where nonagricultural nonpoint source best management
  420  practices or interim measures have been developed by the
  421  department and adopted by the district, the owner or operator of
  422  a nonagricultural nonpoint source shall implement interim
  423  measures or best management practices and be subject to the
  424  provisions of s. 403.067(7). The department and district shall
  425  provide technical and financial assistance for implementation of
  426  nonagricultural nonpoint source best management practices,
  427  subject to the availability of funds.
  428         9.c.As provided in s. 403.067, the district or the
  429  department shall conduct monitoring at representative sites to
  430  verify the effectiveness of nonagricultural nonpoint source best
  431  management practices.
  432         10.d. Where water quality problems are detected for
  433  nonagricultural nonpoint sources despite the appropriate
  434  implementation of adopted best management practices, the
  435  department and the district shall institute a reevaluation of
  436  the best management practices shall be conducted pursuant to s.
  437  403.067(7)(c)4. Should the reevaluation determine that the best
  438  management practices or other measures require modification, the
  439  rule shall be revised to require implementation of the modified
  440  practice within a reasonable time period as specified in the
  441  rule.
  442         11.3.The provisions of Subparagraphs 1. and 2. and 7. do
  443  may not preclude the department or the district from requiring
  444  compliance with water quality standards or with current best
  445  management practices requirements set forth in any applicable
  446  regulatory program authorized by law for the purpose of
  447  protecting water quality. Additionally, Subparagraphs 1. and 2.
  448  and 7. are applicable only to the extent that they do not
  449  conflict with any rules adopted by the department that are
  450  necessary to maintain a federally delegated or approved program.
  451         12. The program of agricultural best management practices
  452  set forth in the Everglades Program of the district, meets the
  453  requirements of this paragraph and s. 403.067(7) for the Lake
  454  Okeechobee watershed. An entity in compliance with best
  455  management practices set forth in the Everglades Program of the
  456  district, may elect to use that permit in lieu of the
  457  requirements of this paragraph. The provisions of s.
  458  373.4595(3)(b)5. apply to this subparagraph. This subparagraph
  459  does not alter any requirement under s. 373.4592.
  460         13. The Department of Agriculture and Consumer Services, in
  461  cooperation with the department and the district, shall provide
  462  technical and financial assistance for implementation of
  463  agricultural best management practices, subject to the
  464  availability of funds. The department and district shall provide
  465  technical and financial assistance for implementation of
  466  nonagricultural nonpoint source best management practices,
  467  subject to the availability of funds.
  468         14.4. Projects that reduce the phosphorus load originating
  469  from domestic wastewater systems within the Lake Okeechobee
  470  watershed shall be given funding priority in the department’s
  471  revolving loan program under s. 403.1835. The department shall
  472  coordinate and provide assistance to those local governments
  473  seeking financial assistance for such priority projects.
  474         15.5. Projects that make use of private lands, or lands
  475  held in trust for Indian tribes, to reduce nutrient loadings or
  476  concentrations within a basin by one or more of the following
  477  methods: restoring the natural hydrology of the basin, restoring
  478  wildlife habitat or impacted wetlands, reducing peak flows after
  479  storm events, increasing aquifer recharge, or protecting range
  480  and timberland from conversion to development, are eligible for
  481  grants available under this section from the coordinating
  482  agencies. For projects of otherwise equal priority, special
  483  funding priority will be given to those projects that make best
  484  use of the methods outlined above that involve public-private
  485  partnerships or that obtain federal match money. Preference
  486  ranking above the special funding priority will be given to
  487  projects located in a rural area of opportunity designated by
  488  the Governor. Grant applications may be submitted by any person
  489  or tribal entity, and eligible projects may include, but are not
  490  limited to, the purchase of conservation and flowage easements,
  491  hydrologic restoration of wetlands, creating treatment wetlands,
  492  development of a management plan for natural resources, and
  493  financial support to implement a management plan.
  494         16.6.a. The department shall require all entities disposing
  495  of domestic wastewater biosolids residuals within the Lake
  496  Okeechobee watershed and the remaining areas of Okeechobee,
  497  Glades, and Hendry Counties to develop and submit to the
  498  department an agricultural use plan that limits applications
  499  based upon phosphorus loading consistent with the Lake
  500  Okeechobee Basin Management Action Plan adopted pursuant to s.
  501  403.067. By July 1, 2005, phosphorus concentrations originating
  502  from these application sites may not exceed the limits
  503  established in the district’s WOD program. After December 31,
  504  2007, The department may not authorize the disposal of domestic
  505  wastewater biosolids residuals within the Lake Okeechobee
  506  watershed unless the applicant can affirmatively demonstrate
  507  that the phosphorus in the biosolids residuals will not add to
  508  phosphorus loadings in Lake Okeechobee or its tributaries. This
  509  demonstration shall be based on achieving a net balance between
  510  phosphorus imports relative to exports on the permitted
  511  application site. Exports shall include only phosphorus removed
  512  from the Lake Okeechobee watershed through products generated on
  513  the permitted application site. This prohibition does not apply
  514  to Class AA biosolids residuals that are marketed and
  515  distributed as fertilizer products in accordance with department
  516  rule.
  517         17.b. Private and government-owned utilities within Monroe,
  518  Miami-Dade, Broward, Palm Beach, Martin, St. Lucie, Indian
  519  River, Okeechobee, Highlands, Hendry, and Glades Counties that
  520  dispose of wastewater biosolids residual sludge from utility
  521  operations and septic removal by land spreading in the Lake
  522  Okeechobee watershed may use a line item on local sewer rates to
  523  cover wastewater biosolids residual treatment and disposal if
  524  such disposal and treatment is done by approved alternative
  525  treatment methodology at a facility located within the areas
  526  designated by the Governor as rural areas of opportunity
  527  pursuant to s. 288.0656. This additional line item is an
  528  environmental protection disposal fee above the present sewer
  529  rate and may not be considered a part of the present sewer rate
  530  to customers, notwithstanding provisions to the contrary in
  531  chapter 367. The fee shall be established by the county
  532  commission or its designated assignee in the county in which the
  533  alternative method treatment facility is located. The fee shall
  534  be calculated to be no higher than that necessary to recover the
  535  facility’s prudent cost of providing the service. Upon request
  536  by an affected county commission, the Florida Public Service
  537  Commission will provide assistance in establishing the fee.
  538  Further, for utilities and utility authorities that use the
  539  additional line item environmental protection disposal fee, such
  540  fee may not be considered a rate increase under the rules of the
  541  Public Service Commission and shall be exempt from such rules.
  542  Utilities using the provisions of this section may immediately
  543  include in their sewer invoicing the new environmental
  544  protection disposal fee. Proceeds from this environmental
  545  protection disposal fee shall be used for treatment and disposal
  546  of wastewater biosolids residuals, including any treatment
  547  technology that helps reduce the volume of biosolids residuals
  548  that require final disposal, but such proceeds may not be used
  549  for transportation or shipment costs for disposal or any costs
  550  relating to the land application of biosolids residuals in the
  551  Lake Okeechobee watershed.
  552         18.c. No less frequently than once every 3 years, the
  553  Florida Public Service Commission or the county commission
  554  through the services of an independent auditor shall perform a
  555  financial audit of all facilities receiving compensation from an
  556  environmental protection disposal fee. The Florida Public
  557  Service Commission or the county commission through the services
  558  of an independent auditor shall also perform an audit of the
  559  methodology used in establishing the environmental protection
  560  disposal fee. The Florida Public Service Commission or the
  561  county commission shall, within 120 days after completion of an
  562  audit, file the audit report with the President of the Senate
  563  and the Speaker of the House of Representatives and shall
  564  provide copies to the county commissions of the counties set
  565  forth in subparagraph 17. sub-subparagraph b. The books and
  566  records of any facilities receiving compensation from an
  567  environmental protection disposal fee shall be open to the
  568  Florida Public Service Commission and the Auditor General for
  569  review upon request.
  570         19.7. The Department of Health shall require all entities
  571  disposing of septage within the Lake Okeechobee watershed to
  572  develop and submit to that agency an agricultural use plan that
  573  limits applications based upon phosphorus loading consistent
  574  with the Lake Okeechobee Basin Management Action Plan adopted
  575  pursuant to s. 403.067. By July 1, 2005, phosphorus
  576  concentrations originating from these application sites may not
  577  exceed the limits established in the district’s WOD program.
  578         20.8. The Department of Agriculture and Consumer Services
  579  shall initiate rulemaking requiring entities within the Lake
  580  Okeechobee watershed which land-apply animal manure to develop
  581  resource management system level conservation plans, according
  582  to United States Department of Agriculture criteria, which limit
  583  such application. Such rules shall may include criteria and
  584  thresholds for the requirement to develop a conservation or
  585  nutrient management plan, requirements for plan approval, site
  586  inspection requirements, and recordkeeping requirements.
  587         21. The district shall revise chapter 40E-61, Florida
  588  Administrative Code, to be consistent with this section and s.
  589  403.067; provide for a monitoring program for nonpoint source
  590  dischargers required to monitor water quality by s. 403.067; and
  591  provide for the results of such monitoring to be reported to the
  592  coordinating agencies.
  593         9. The district, the department, or the Department of
  594  Agriculture and Consumer Services, as appropriate, shall
  595  implement those alternative nutrient reduction technologies
  596  determined to be feasible pursuant to subparagraph (d)6.
  597         (d) Lake Okeechobee Watershed Research and Water Quality
  598  Monitoring Program.—The district, in cooperation with the other
  599  coordinating agencies, shall establish a Lake Okeechobee
  600  Watershed Research and Water Quality Monitoring Program that
  601  builds upon the district’s existing Lake Okeechobee research
  602  program. The program shall:
  603         1. Evaluate all available existing water quality data
  604  concerning total phosphorus in the Lake Okeechobee watershed,
  605  develop a water quality baseline to represent existing
  606  conditions for total phosphorus, monitor long-term ecological
  607  changes, including water quality for total phosphorus, and
  608  measure compliance with water quality standards for total
  609  phosphorus, including any applicable total maximum daily load
  610  for the Lake Okeechobee watershed as established pursuant to s.
  611  403.067. Every 3 years, the district shall reevaluate water
  612  quality and quantity data to ensure that the appropriate
  613  projects are being designated and implemented to meet the water
  614  quality and storage goals of the plan. The district shall also
  615  implement a total phosphorus monitoring program at appropriate
  616  structures owned or operated by the South Florida Water
  617  Management District and within the Lake Okeechobee watershed.
  618         2. Develop a Lake Okeechobee water quality model that
  619  reasonably represents phosphorus dynamics of the lake and
  620  incorporates an uncertainty analysis associated with model
  621  predictions.
  622         3. Determine the relative contribution of phosphorus from
  623  all identifiable sources and all primary and secondary land
  624  uses.
  625         4. Conduct an assessment of the sources of phosphorus from
  626  the Upper Kissimmee Chain-of-Lakes and Lake Istokpoga, and their
  627  relative contribution to the water quality of Lake Okeechobee.
  628  The results of this assessment shall be used by the coordinating
  629  agencies to develop interim measures, best management practices,
  630  or regulation, as applicable.
  631         5. Assess current water management practices within the
  632  Lake Okeechobee watershed and develop recommendations for
  633  structural and operational improvements. Such recommendations
  634  shall balance water supply, flood control, estuarine salinity,
  635  maintenance of a healthy lake littoral zone, and water quality
  636  considerations.
  637         6. Evaluate the feasibility of alternative nutrient
  638  reduction technologies, including sediment traps, canal and
  639  ditch maintenance, fish production or other aquaculture,
  640  bioenergy conversion processes, and algal or other biological
  641  treatment technologies.
  642         7. Conduct an assessment of the water volumes and timing
  643  from the Lake Okeechobee watershed and their relative
  644  contribution to the water level changes in Lake Okeechobee and
  645  to the timing and volume of water delivered to the estuaries.
  646         (c)(e)Lake Okeechobee Exotic Species Control Program.—The
  647  coordinating agencies shall identify the exotic species that
  648  threaten the native flora and fauna within the Lake Okeechobee
  649  watershed and develop and implement measures to protect the
  650  native flora and fauna.
  651         (d)(f)Lake Okeechobee Internal Phosphorus Management
  652  Program.—The district, in cooperation with the other
  653  coordinating agencies and interested parties, shall evaluate the
  654  feasibility of complete a Lake Okeechobee internal phosphorus
  655  load removal projects feasibility study. The evaluation
  656  feasibility study shall be based on technical feasibility, as
  657  well as economic considerations, and shall consider address all
  658  reasonable methods of phosphorus removal. If projects methods
  659  are found to be feasible, the district shall immediately pursue
  660  the design, funding, and permitting for implementing such
  661  projects methods.
  662         (e)(g)Lake Okeechobee Watershed Protection Program Plan
  663  implementation.—The coordinating agencies shall be jointly
  664  responsible for implementing the Lake Okeechobee Watershed
  665  Protection Program Plan, consistent with the statutory authority
  666  and responsibility of each agency. Annual funding priorities
  667  shall be jointly established, and the highest priority shall be
  668  assigned to programs and projects that address sources that have
  669  the highest relative contribution to loading and the greatest
  670  potential for reductions needed to meet the total maximum daily
  671  loads. In determining funding priorities, the coordinating
  672  agencies shall also consider the need for regulatory compliance,
  673  the extent to which the program or project is ready to proceed,
  674  and the availability of federal matching funds or other nonstate
  675  funding, including public-private partnerships. Federal and
  676  other nonstate funding shall be maximized to the greatest extent
  677  practicable.
  678         (f)(h)Priorities and implementation schedules.—The
  679  coordinating agencies are authorized and directed to establish
  680  priorities and implementation schedules for the achievement of
  681  total maximum daily loads, compliance with the requirements of
  682  s. 403.067, and compliance with applicable water quality
  683  standards within the waters and watersheds subject to this
  684  section.
  685         (i) Legislative ratification.—The coordinating agencies
  686  shall submit the Phase II technical plan developed pursuant to
  687  paragraph (b) to the President of the Senate and the Speaker of
  688  the House of Representatives prior to the 2008 legislative
  689  session for review. If the Legislature takes no action on the
  690  plan during the 2008 legislative session, the plan is deemed
  691  approved and may be implemented.
  692         (4) CALOOSAHATCHEE RIVER WATERSHED PROTECTION PROGRAM AND
  693  ST. LUCIE RIVER WATERSHED PROTECTION PROGRAM.—A protection
  694  program shall be developed and implemented as specified in this
  695  subsection. In order to protect and restore surface water
  696  resources, the program shall address the reduction of pollutant
  697  loadings, restoration of natural hydrology, and compliance with
  698  applicable state water quality standards. The program shall be
  699  achieved through a phased program of implementation. In
  700  addition, pollutant load reductions based upon adopted total
  701  maximum daily loads established in accordance with s. 403.067
  702  shall serve as a program objective. In the development and
  703  administration of the program, the coordinating agencies shall
  704  maximize opportunities provided by federal and local government
  705  cost-sharing programs and opportunities for partnerships with
  706  the private sector and local government. The program plan shall
  707  include a goal for salinity envelopes and freshwater inflow
  708  targets for the estuaries based upon existing research and
  709  documentation. The goal may be revised as new information is
  710  available. This goal shall seek to reduce the frequency and
  711  duration of undesirable salinity ranges while meeting the other
  712  water-related needs of the region, including water supply and
  713  flood protection, while recognizing the extent to which water
  714  inflows are within the control and jurisdiction of the district.
  715         (a) Caloosahatchee River Watershed Protection Plan.No
  716  later than January 1, 2009, The district, in cooperation with
  717  the other coordinating agencies, Lee County, and affected
  718  counties and municipalities, shall complete a River Watershed
  719  Protection Plan in accordance with this subsection. The
  720  Caloosahatchee River Watershed Protection Plan shall identify
  721  the geographic extent of the watershed, be coordinated as needed
  722  with the plans developed pursuant to paragraph (3)(a) and
  723  paragraph (c) (b) of this subsection, and contain an
  724  implementation schedule for pollutant load reductions consistent
  725  with any adopted total maximum daily loads and compliance with
  726  applicable state water quality standards. The plan shall include
  727  the Caloosahatchee River Watershed Construction Project and the
  728  Caloosahatchee River Watershed Research and Water Quality
  729  Monitoring Program.:
  730         1. Caloosahatchee River Watershed Construction Project.—To
  731  improve the hydrology, water quality, and aquatic habitats
  732  within the watershed, the district shall, no later than January
  733  1, 2012, plan, design, and construct the initial phase of the
  734  Watershed Construction Project. In doing so, the district shall:
  735         a. Develop and designate the facilities to be constructed
  736  to achieve stated goals and objectives of the Caloosahatchee
  737  River Watershed Protection Plan.
  738         b. Conduct scientific studies that are necessary to support
  739  the design of the Caloosahatchee River Watershed Construction
  740  Project facilities.
  741         c. Identify the size and location of all such facilities.
  742         d. Provide a construction schedule for all such facilities,
  743  including the sequencing and specific timeframe for construction
  744  of each facility.
  745         e. Provide a schedule for the acquisition of lands or
  746  sufficient interests necessary to achieve the construction
  747  schedule.
  748         f. Provide a schedule of costs and benefits associated with
  749  each construction project and identify funding sources.
  750         g. To ensure timely implementation, coordinate the design,
  751  scheduling, and sequencing of project facilities with the
  752  coordinating agencies, Lee County, other affected counties and
  753  municipalities, and other affected parties.
  754         2. Caloosahatchee River Watershed Research and Water
  755  Quality Monitoring Program.—The district, in cooperation with
  756  the other coordinating agencies and local governments, shall
  757  implement a Caloosahatchee River Watershed Research and Water
  758  Quality Monitoring Program that builds upon the district’s
  759  existing research program and that is sufficient to carry out,
  760  comply with, or assess the plans, programs, and other
  761  responsibilities created by this subsection. The program shall
  762  also conduct an assessment of the water volumes and timing from
  763  Lake Okeechobee and the Caloosahatchee River watershed and their
  764  relative contributions to the timing and volume of water
  765  delivered to the estuary.
  766         (b)2.Caloosahatchee River Watershed Basin Management
  767  Action Plans Pollutant Control Program.The basin management
  768  action plans adopted pursuant to s. 403.067 for the
  769  Caloosahatchee River watershed shall be the Caloosahatchee River
  770  Watershed Pollutant Control Program. The plans shall be is
  771  designed to be a multifaceted approach to reducing pollutant
  772  loads by improving the management of pollutant sources within
  773  the Caloosahatchee River watershed through implementation of
  774  regulations and best management practices, development and
  775  implementation of improved best management practices,
  776  improvement and restoration of the hydrologic function of
  777  natural and managed systems, and utilization of alternative
  778  technologies for pollutant reduction, such as cost-effective
  779  biologically based, hybrid wetland/chemical and other innovative
  780  nutrient control technologies. The plans must include an
  781  implementation schedule pursuant to this subsection for
  782  pollutant load reductions. As provided in s. 403.067(7)(a)6.,
  783  the Caloosahatchee River Watershed Basin Management Action Plan
  784  must include milestones for implementation and water quality
  785  improvement and an associated water quality monitoring component
  786  sufficient to evaluate whether reasonable progress in pollutant
  787  load reductions is being achieved over time. The department
  788  shall develop a schedule to establish 5-, 10-, and 15-year
  789  measurable milestones and a target to achieve the total maximum
  790  daily load no more than 20 years after adoption of the plan. The
  791  schedule shall be used to provide guidance for planning and
  792  funding purposes and is exempt from s. 120.54(1)(a). An
  793  assessment of progress toward these milestones shall be
  794  conducted every 5 years, and revisions to the plan shall be
  795  made, as appropriate, as a result of each 5-year review. The
  796  assessment shall be provided to the Governor, the President of
  797  the Senate, and the Speaker of the House of Representatives.
  798  Upon the first 5-year review, the schedule of measurable
  799  milestones and a target to achieve water quality improvement
  800  consistent with this section shall be adopted into the plan.
  801  Revisions to the basin management action plan shall be made by
  802  the department in cooperation with the basin stakeholders.
  803  Revisions to best management practices or other measures must
  804  follow the procedures set forth in s. 403.067(7)(c)4. Revised
  805  basin management action plans must be adopted pursuant to s.
  806  403.067(7)(a)4. If achieving the adopted total maximum daily
  807  load within 20 years is not practicable, the schedule must
  808  contain an explanation of the constraints that prevent
  809  achievement of the total maximum daily load within 20 years, an
  810  estimate of the time needed to achieve the total maximum daily
  811  load, and additional 5-year measurable milestones, as necessary.
  812  The coordinating agencies shall facilitate the use utilization
  813  of federal programs that offer opportunities for water quality
  814  treatment, including preservation, restoration, or creation of
  815  wetlands on agricultural lands.
  816         1.a. Nonpoint source best management practices consistent
  817  with s. 403.067 paragraph (3)(c), designed to achieve the
  818  objectives of the Caloosahatchee River Watershed Protection
  819  Program, shall be implemented on an expedited basis. The
  820  coordinating agencies may develop an intergovernmental agreement
  821  with local governments to implement the nonagricultural,
  822  nonpoint-source best management practices within their
  823  respective geographic boundaries.
  824         2.b. This subsection does not preclude the department or
  825  the district from requiring compliance with water quality
  826  standards, adopted total maximum daily loads, or current best
  827  management practices requirements set forth in any applicable
  828  regulatory program authorized by law for the purpose of
  829  protecting water quality. This subsection applies only to the
  830  extent that it does not conflict with any rules adopted by the
  831  department or district which are necessary to maintain a
  832  federally delegated or approved program.
  833         3.c. Projects that make use of private lands, or lands held
  834  in trust for Indian tribes, to reduce pollutant loadings or
  835  concentrations within a basin, or that reduce the volume of
  836  harmful discharges by one or more of the following methods:
  837  restoring the natural hydrology of the basin, restoring wildlife
  838  habitat or impacted wetlands, reducing peak flows after storm
  839  events, or increasing aquifer recharge, are eligible for grants
  840  available under this section from the coordinating agencies.
  841         4.d. The Caloosahatchee River Watershed Basin Management
  842  Action Plans Pollutant Control Program shall require assessment
  843  of current water management practices within the watershed and
  844  shall require development of recommendations for structural,
  845  nonstructural, and operational improvements. Such
  846  recommendations shall consider and balance water supply, flood
  847  control, estuarine salinity, aquatic habitat, and water quality
  848  considerations.
  849         5.e.After December 31, 2007, The department may not
  850  authorize the disposal of domestic wastewater biosolids
  851  residuals within the Caloosahatchee River watershed unless the
  852  applicant can affirmatively demonstrate that the nutrients in
  853  the biosolids residuals will not add to nutrient loadings in the
  854  watershed. This demonstration shall be based on achieving a net
  855  balance between nutrient imports relative to exports on the
  856  permitted application site. Exports shall include only nutrients
  857  removed from the watershed through products generated on the
  858  permitted application site. This prohibition does not apply to
  859  Class AA biosolids residuals that are marketed and distributed
  860  as fertilizer products in accordance with department rule.
  861         6.f. The Department of Health shall require all entities
  862  disposing of septage within the Caloosahatchee River watershed
  863  to develop and submit to that agency an agricultural use plan
  864  that limits applications based upon nutrient loading consistent
  865  with any basin management action plan adopted pursuant to s.
  866  403.067. By July 1, 2008, nutrient concentrations originating
  867  from these application sites may not exceed the limits
  868  established in the district’s WOD program.
  869         7.g. The Department of Agriculture and Consumer Services
  870  shall require initiate rulemaking requiring entities within the
  871  Caloosahatchee River watershed which land-apply animal manure to
  872  develop a resource management system level conservation plan,
  873  according to United States Department of Agriculture criteria,
  874  which limit such application. Such rules shall may include
  875  criteria and thresholds for the requirement to develop a
  876  conservation or nutrient management plan, requirements for plan
  877  approval, site inspection requirements, and recordkeeping
  878  requirements.
  879         8.The district shall initiate rulemaking to provide for a
  880  monitoring program for nonpoint source dischargers required to
  881  monitor water quality pursuant to s. 403.067(7)(b)2.g. or s.
  882  403.067(7)(c)3. The results of such monitoring must be reported
  883  to the coordinating agencies.
  884         3. Caloosahatchee River Watershed Research and Water
  885  Quality Monitoring Program.—The district, in cooperation with
  886  the other coordinating agencies and local governments, shall
  887  establish a Caloosahatchee River Watershed Research and Water
  888  Quality Monitoring Program that builds upon the district’s
  889  existing research program and that is sufficient to carry out,
  890  comply with, or assess the plans, programs, and other
  891  responsibilities created by this subsection. The program shall
  892  also conduct an assessment of the water volumes and timing from
  893  the Lake Okeechobee and Caloosahatchee River watersheds and
  894  their relative contributions to the timing and volume of water
  895  delivered to the estuary.
  896         (c)(b)St. Lucie River Watershed Protection Plan.No later
  897  than January 1, 2009, The district, in cooperation with the
  898  other coordinating agencies, Martin County, and affected
  899  counties and municipalities shall complete a plan in accordance
  900  with this subsection. The St. Lucie River Watershed Protection
  901  Plan shall identify the geographic extent of the watershed, be
  902  coordinated as needed with the plans developed pursuant to
  903  paragraph (3)(a) and paragraph (a) of this subsection, and
  904  contain an implementation schedule for pollutant load reductions
  905  consistent with any adopted total maximum daily loads and
  906  compliance with applicable state water quality standards. The
  907  plan shall include the St. Lucie River Watershed Construction
  908  Project and St. Lucie River Watershed Research and Water Quality
  909  Monitoring Program.:
  910         1. St. Lucie River Watershed Construction Project.—To
  911  improve the hydrology, water quality, and aquatic habitats
  912  within the watershed, the district shall, no later than January
  913  1, 2012, plan, design, and construct the initial phase of the
  914  Watershed Construction Project. In doing so, the district shall:
  915         a. Develop and designate the facilities to be constructed
  916  to achieve stated goals and objectives of the St. Lucie River
  917  Watershed Protection Plan.
  918         b. Identify the size and location of all such facilities.
  919         c. Provide a construction schedule for all such facilities,
  920  including the sequencing and specific timeframe for construction
  921  of each facility.
  922         d. Provide a schedule for the acquisition of lands or
  923  sufficient interests necessary to achieve the construction
  924  schedule.
  925         e. Provide a schedule of costs and benefits associated with
  926  each construction project and identify funding sources.
  927         f. To ensure timely implementation, coordinate the design,
  928  scheduling, and sequencing of project facilities with the
  929  coordinating agencies, Martin County, St. Lucie County, other
  930  interested parties, and other affected local governments.
  931         2. St. Lucie River Watershed Research and Water Quality
  932  Monitoring Program.—The district, in cooperation with the other
  933  coordinating agencies and local governments, shall establish a
  934  St. Lucie River Watershed Research and Water Quality Monitoring
  935  Program that builds upon the district’s existing research
  936  program and that is sufficient to carry out, comply with, or
  937  assess the plans, programs, and other responsibilities created
  938  by this subsection. The district shall also conduct an
  939  assessment of the water volumes and timing from Lake Okeechobee
  940  and the St. Lucie River watershed and their relative
  941  contributions to the timing and volume of water delivered to the
  942  estuary.
  943         (d)2.St. Lucie River Watershed Basin Management Action
  944  Plan Pollutant Control Program.Basin management action plan for
  945  the St. Lucie River watershed adopted pursuant to s. 403.067
  946  shall be the St. Lucie River Watershed Pollutant Control Program
  947  and shall be is designed to be a multifaceted approach to
  948  reducing pollutant loads by improving the management of
  949  pollutant sources within the St. Lucie River watershed through
  950  implementation of regulations and best management practices,
  951  development and implementation of improved best management
  952  practices, improvement and restoration of the hydrologic
  953  function of natural and managed systems, and use utilization of
  954  alternative technologies for pollutant reduction, such as cost
  955  effective biologically based, hybrid wetland/chemical and other
  956  innovative nutrient control technologies. The plan must include
  957  an implementation schedule pursuant to this subsection for
  958  pollutant load reductions. As provided in s. 403.067(7)(a)6.,
  959  the St. Lucie Watershed Basin Management Action Plan must
  960  include milestones for implementation and water quality
  961  improvement and an associated water quality monitoring component
  962  sufficient to evaluate whether reasonable progress in pollutant
  963  load reductions is being achieved over time. The department
  964  shall develop a schedule to establish 5-, 10-, and 15-year
  965  measurable milestones and a target to achieve the adopted total
  966  maximum daily load no more than 20 years after adoption of the
  967  plan. The schedule shall be used to provide guidance for
  968  planning and funding purposes and is exempt from s.
  969  120.54(1)(a). An assessment of progress toward these milestones
  970  shall be conducted every 5 years, and revisions to the plan
  971  shall be made, as appropriate, as a result of each 5-year
  972  review. The assessment shall be provided to the Governor, the
  973  President of the Senate, and the Speaker of the House of
  974  Representatives. Upon the first 5-year review, the schedule of
  975  measurable milestones and a target to achieve water quality
  976  improvement consistent with this section shall be adopted into
  977  the plan. Revisions to the basin management action plan shall be
  978  made by the department in cooperation with the basin
  979  stakeholders. Revisions to best management practices or other
  980  measures must follow the procedures set forth in s.
  981  403.067(7)(c)4. Revised basin management action plans must be
  982  adopted pursuant to s. 403.067(7)(a)4. If achieving the adopted
  983  total maximum daily load is not practicable, the schedule must
  984  contain an explanation of the constraints that prevent
  985  achievement of the total maximum daily load within 20 years, an
  986  estimate of the time needed to achieve the total maximum daily
  987  load, and additional 5-year measurable milestones, as necessary.
  988  The coordinating agencies shall facilitate the