Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1632
       
       
       
       
       
       
                                Ì236310gÎ236310                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  04/26/2023           .                                
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       The Committee on Fiscal Policy (Brodeur) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 107 - 1603
    4  and insert:
    5         Section 1. Section 120.5436, Florida Statutes, is created
    6  to read:
    7         120.5436Environmental licensing process review.
    8         (1)(a)It is the intent of the Legislature to build a more
    9  resilient and responsive government infrastructure to allow for
   10  quick recovery after natural disasters, including hurricanes and
   11  tropical storms, without negatively impacting coastal ecosystems
   12  or increasing future community vulnerability.
   13         (b)It is further the intent of the Legislature to promote
   14  efficiency in state government across branches, agencies, and
   15  other governmental entities and to identify any area of
   16  improvement within each that allows for quick, effective
   17  delivery of services.
   18         (c)Further, the Legislature intends for the state to seek
   19  out ways to improve its administrative procedures in relevant
   20  fields to build a streamlined permitting process that withstands
   21  disruptions caused by natural disasters, including hurricanes
   22  and tropical storms, while maintaining the integrity of natural
   23  coastal ecosystems.
   24         (2)(a)The Department of Environmental Protection and water
   25  management districts shall conduct a holistic review of their
   26  current coastal permitting processes and other permit programs.
   27  These permitting processes must include, but are not limited to,
   28  coastal construction control line permits; joint coastal
   29  permits; environmental resource permits; consistent with
   30  applicable federal terms and conditions, state-administered
   31  federal environmental permitting programs; and permitting
   32  processes related to water supply infrastructure, wastewater
   33  infrastructure, and onsite sewage treatment and disposal
   34  systems. The Department of Environmental Protection shall
   35  consult with the Department of Transportation in conducting its
   36  review.
   37         (b)The scope and purpose of the review is to identify
   38  areas of improvement and to increase efficiency within each
   39  process. Factors that must be considered in the review include
   40  all of the following:
   41         1.The requirements to obtain a permit.
   42         2.Time periods for review, including by commenting
   43  agencies, and approval of the permit application.
   44         3.Areas for improved efficiency and decision-point
   45  consolidation within a single project’s process.
   46         4.Areas of duplication across one or more permit programs,
   47  while maintaining federal terms and conditions applicable to
   48  state-administered federal environmental permitting programs.
   49         5.The methods of requesting permits.
   50         6.Adequate staffing levels necessary for complete and
   51  efficient review.
   52         7.Any other factors that may increase the efficiency of
   53  the permitting processes and may allow improved storm recovery.
   54         (c)By December 31, 2023, the department and water
   55  management districts shall provide their findings and proposed
   56  solutions in a report to the Governor, the President of the
   57  Senate, and the Speaker of the House of Representatives.
   58         Section 2. Paragraph (a) of subsection (3) and paragraph
   59  (c) of subsection (6) of section 163.3177, Florida Statutes, are
   60  amended to read:
   61         163.3177 Required and optional elements of comprehensive
   62  plan; studies and surveys.—
   63         (3)(a) The comprehensive plan must shall contain a capital
   64  improvements element designed to consider the need for and the
   65  location of public facilities in order to encourage the
   66  efficient use of such facilities and set forth all of the
   67  following:
   68         1. A component that outlines principles for construction,
   69  extension, or increase in capacity of public facilities, as well
   70  as a component that outlines principles for correcting existing
   71  public facility deficiencies, which are necessary to implement
   72  the comprehensive plan. The components must shall cover at least
   73  a 5-year period.
   74         2. Estimated public facility costs, including a delineation
   75  of when facilities will be needed, the general location of the
   76  facilities, and projected revenue sources to fund the
   77  facilities.
   78         3. Standards to ensure the availability of public
   79  facilities and the adequacy of those facilities to meet
   80  established acceptable levels of service.
   81         4. A schedule of capital improvements which includes any
   82  publicly funded projects of federal, state, or local government,
   83  and which may include privately funded projects for which the
   84  local government has no fiscal responsibility. Projects
   85  necessary to ensure that any adopted level-of-service standards
   86  are achieved and maintained for the 5-year period must be
   87  identified as either funded or unfunded and given a level of
   88  priority for funding.
   89         5. The schedule must:
   90         a. Include transportation improvements included in the
   91  applicable metropolitan planning organization’s transportation
   92  improvement program adopted pursuant to s. 339.175(8) to the
   93  extent that such improvements are relied upon to ensure
   94  concurrency and financial feasibility;.
   95         b.Where applicable, include a list of projects necessary
   96  to achieve the pollutant load reductions attributable to the
   97  local government, as established in a basin management action
   98  plan pursuant to s. 403.067(7); and
   99         c.The schedule must Be coordinated with the applicable
  100  metropolitan planning organization’s long-range transportation
  101  plan adopted pursuant to s. 339.175(7).
  102         (6) In addition to the requirements of subsections (1)-(5),
  103  the comprehensive plan shall include the following elements:
  104         (c) A general sanitary sewer, solid waste, drainage,
  105  potable water, and natural groundwater aquifer recharge element
  106  correlated to principles and guidelines for future land use,
  107  indicating ways to provide for future potable water, drainage,
  108  sanitary sewer, solid waste, and aquifer recharge protection
  109  requirements for the area. The element may be a detailed
  110  engineering plan including a topographic map depicting areas of
  111  prime groundwater recharge.
  112         1. Each local government shall address in the data and
  113  analyses required by this section those facilities that provide
  114  service within the local government’s jurisdiction. Local
  115  governments that provide facilities to serve areas within other
  116  local government jurisdictions shall also address those
  117  facilities in the data and analyses required by this section,
  118  using data from the comprehensive plan for those areas for the
  119  purpose of projecting facility needs as required in this
  120  subsection. For shared facilities, each local government shall
  121  indicate the proportional capacity of the systems allocated to
  122  serve its jurisdiction.
  123         2. The element must shall describe the problems and needs
  124  and the general facilities that will be required for solution of
  125  the problems and needs, including correcting existing facility
  126  deficiencies. The element must shall address coordinating the
  127  extension of, or increase in the capacity of, or upgrade in
  128  treatment of facilities to meet future needs; prioritizing
  129  advanced waste treatment while maximizing the use of existing
  130  facilities and discouraging urban sprawl; conserving potable
  131  water resources; and protecting the functions of natural
  132  groundwater recharge areas and natural drainage features.
  133         3. Within the local government’s jurisdiction, for any
  134  development of more than 50 residential lots, whether built or
  135  unbuilt, with more than one onsite sewage treatment and disposal
  136  system per 1 acre, the element must consider the feasibility of
  137  providing sanitary sewer services within a 10-year planning
  138  horizon and must identify the name and location of the
  139  wastewater facility that could receive sanitary sewer flows
  140  after connection; the capacity of the facility and any
  141  associated transmission facilities; the projected wastewater
  142  flow at that facility for the next 20 years, including expected
  143  future new construction and connections of onsite sewage
  144  treatment and disposal systems to sanitary sewer; and a timeline
  145  for the construction of the sanitary sewer system. An onsite
  146  sewage treatment and disposal system is presumed to exist on a
  147  parcel if sanitary sewer services are not available at or
  148  adjacent to the parcel boundary. Each comprehensive plan must be
  149  updated to include this element by July 1, 2024, and as needed
  150  thereafter to account for future applicable developments. This
  151  subparagraph does not apply to a local government designated as
  152  a rural area of opportunity under s. 288.0656.
  153         4. Within 18 months after the governing board approves an
  154  updated regional water supply plan, the element must incorporate
  155  the alternative water supply project or projects selected by the
  156  local government from those identified in the regional water
  157  supply plan pursuant to s. 373.709(2)(a) or proposed by the
  158  local government under s. 373.709(8)(b). If a local government
  159  is located within two water management districts, the local
  160  government must shall adopt its comprehensive plan amendment
  161  within 18 months after the later updated regional water supply
  162  plan. The element must identify such alternative water supply
  163  projects and traditional water supply projects and conservation
  164  and reuse necessary to meet the water needs identified in s.
  165  373.709(2)(a) within the local government’s jurisdiction and
  166  include a work plan, covering at least a 10-year planning
  167  period, for building public, private, and regional water supply
  168  facilities, including development of alternative water supplies,
  169  which are identified in the element as necessary to serve
  170  existing and new development. The work plan must shall be
  171  updated, at a minimum, every 5 years within 18 months after the
  172  governing board of a water management district approves an
  173  updated regional water supply plan. Local governments, public
  174  and private utilities, regional water supply authorities,
  175  special districts, and water management districts are encouraged
  176  to cooperatively plan for the development of multijurisdictional
  177  water supply facilities that are sufficient to meet projected
  178  demands for established planning periods, including the
  179  development of alternative water sources to supplement
  180  traditional sources of groundwater and surface water supplies.
  181         5.4. A local government that does not own, operate, or
  182  maintain its own water supply facilities, including, but not
  183  limited to, wells, treatment facilities, and distribution
  184  infrastructure, and is served by a public water utility with a
  185  permitted allocation of greater than 300 million gallons per day
  186  is not required to amend its comprehensive plan in response to
  187  an updated regional water supply plan or to maintain a work plan
  188  if any such local government’s usage of water constitutes less
  189  than 1 percent of the public water utility’s total permitted
  190  allocation. However, any such local government shall is required
  191  to cooperate with, and provide relevant data to, any local
  192  government or utility provider that provides service within its
  193  jurisdiction, and shall to keep its general sanitary sewer,
  194  solid waste, potable water, and natural groundwater aquifer
  195  recharge element updated in accordance with s. 163.3191.
  196         Section 3. Subsection (4) and paragraph (b) of subsection
  197  (8) of section 253.025, Florida Statutes, are amended to read:
  198         253.025 Acquisition of state lands.—
  199         (4) An agreement to acquire real property for the purposes
  200  described in this chapter, chapter 259, chapter 260, or chapter
  201  375, title to which will vest in the board of trustees, may not
  202  bind the state before the agreement is reviewed and approved by
  203  the Department of Environmental Protection as complying with
  204  this section and any rules adopted pursuant to this section. If
  205  any of the following conditions exist, the agreement must shall
  206  be submitted to and approved by the board of trustees:
  207         (a) The purchase price agreed to by the seller exceeds the
  208  value as established pursuant to the rules of the board of
  209  trustees.;
  210         (b) The contract price agreed to by the seller and the
  211  acquiring agency exceeds $5 $1 million.;
  212         (c) The acquisition is the initial purchase in a Florida
  213  Forever project; or
  214         (d) Other conditions that the board of trustees may adopt
  215  by rule. Such conditions may include, but are not limited to,
  216  Florida Forever projects when title to the property being
  217  acquired is considered nonmarketable or is encumbered in such a
  218  way as to significantly affect its management.
  219  
  220  If approval of the board of trustees is required pursuant to
  221  this subsection, the acquiring agency must provide a
  222  justification as to why it is in the public’s interest to
  223  acquire the parcel or Florida Forever project. Approval of the
  224  board of trustees is also required for Florida Forever projects
  225  the department recommends acquiring pursuant to subsections (11)
  226  and (22). Review and approval of agreements for acquisitions for
  227  Florida Greenways and Trails Program properties pursuant to
  228  chapter 260 may be waived by the department in any contract with
  229  nonprofit corporations that have agreed to assist the department
  230  with this program. If the contribution of the acquiring agency
  231  exceeds $100 million in any one fiscal year, the agreement must
  232  shall be submitted to and approved by the Legislative Budget
  233  Commission.
  234         (8) Before approval by the board of trustees, or, when
  235  applicable, the Department of Environmental Protection, of any
  236  agreement to purchase land pursuant to this chapter, chapter
  237  259, chapter 260, or chapter 375, and before negotiations with
  238  the parcel owner to purchase any other land, title to which will
  239  vest in the board of trustees, an appraisal of the parcel shall
  240  be required as follows:
  241         (b) Each parcel to be acquired must shall have at least one
  242  appraisal. Two appraisals are required when the estimated value
  243  of the parcel exceeds $5 $1 million. However, if both appraisals
  244  exceed $5 $1 million and differ significantly, a third appraisal
  245  may be obtained. If a parcel is estimated to be worth $100,000
  246  or less and the director of the Division of State Lands finds
  247  that the cost of an outside appraisal is not justified, a
  248  comparable sales analysis, an appraisal prepared by the
  249  division, or other reasonably prudent procedures may be used by
  250  the division to estimate the value of the parcel, provided the
  251  public’s interest is reasonably protected. The state is not
  252  required to appraise the value of lands and appurtenances that
  253  are being donated to the state. Property value must be based
  254  upon the reasonable market value of the property considering
  255  those uses that are legally permissible, physically possible,
  256  financially feasible, and maximally productive.
  257  
  258  Notwithstanding this subsection, on behalf of the board of
  259  trustees and before the appraisal of parcels approved for
  260  purchase under this chapter or chapter 259, the Secretary of
  261  Environmental Protection or the director of the Division of
  262  State Lands may enter into option contracts to buy such parcels.
  263  Any such option contract shall state that the final purchase
  264  price is subject to approval by the board of trustees or, if
  265  applicable, the Secretary of Environmental Protection, and that
  266  the final purchase price may not exceed the maximum offer
  267  allowed by law. Any such option contract presented to the board
  268  of trustees for final purchase price approval shall explicitly
  269  state that payment of the final purchase price is subject to an
  270  appropriation from the Legislature. The consideration for such
  271  an option may not exceed $1,000 or 0.01 percent of the estimate
  272  by the department of the value of the parcel, whichever amount
  273  is greater.
  274         Section 4. Subsections (2) and (7), paragraph (b) of
  275  subsection (8), and paragraph (d) of subsection (9) of section
  276  259.032, Florida Statutes, are amended to read:
  277         259.032 Conservation and recreation lands.—
  278         (2) The Governor and Cabinet, sitting as the Board of
  279  Trustees of the Internal Improvement Trust Fund, may expend
  280  moneys appropriated by the Legislature to acquire the fee or any
  281  lesser interest in lands for any of the following public
  282  purposes:
  283         (a) To conserve and protect environmentally unique and
  284  irreplaceable lands that contain native, relatively unaltered
  285  flora and fauna representing a natural area unique to, or scarce
  286  within, a region of this state or a larger geographic area.;
  287         (b) To conserve and protect lands within designated areas
  288  of critical state concern, if the proposed acquisition relates
  289  to the natural resource protection purposes of the designation.;
  290         (c) To conserve and protect native species habitat or
  291  endangered or threatened species, emphasizing long-term
  292  protection for endangered or threatened species designated G-1
  293  or G-2 by the Florida Natural Areas Inventory, and especially
  294  those areas that are special locations for breeding and
  295  reproduction.;
  296         (d) To conserve, protect, manage, or restore important
  297  ecosystems, landscapes, and forests, if the protection and
  298  conservation of such lands is necessary to enhance or protect
  299  significant surface water, groundwater, coastal, recreational,
  300  timber, or fish or wildlife resources which cannot otherwise be
  301  accomplished through local and state regulatory programs.;
  302         (e) To promote water resource development that benefits
  303  natural systems and citizens of the state.;
  304         (f) To facilitate the restoration and subsequent health and
  305  vitality of the Florida Everglades.;
  306         (g) To provide areas, including recreational trails, for
  307  natural resource-based recreation and other outdoor recreation
  308  on any part of any site compatible with conservation purposes.;
  309         (h) To preserve significant archaeological or historic
  310  sites.;
  311         (i) To conserve urban open spaces suitable for greenways or
  312  outdoor recreation which are compatible with conservation
  313  purposes.; or
  314         (j) To preserve agricultural lands under threat of
  315  conversion to development through less-than-fee acquisitions.
  316         (k) To complete critical linkages that will help preserve
  317  and protect this state’s green infrastructure and vital habitat
  318  for wide-ranging wildlife, such as the Florida panther, within
  319  the Florida wildlife corridor.
  320         (7)(a) All lands managed under this chapter and s. 253.034
  321  must shall be:
  322         1.(a) Managed in a manner that will provide the greatest
  323  combination of benefits to the public and to the resources.
  324         2.(b) Managed for public outdoor recreation which is
  325  compatible with the conservation and protection of public lands.
  326  Such management may include, but not be limited to, the
  327  following public recreational uses: fishing, hunting, camping,
  328  bicycling, hiking, nature study, swimming, boating, canoeing,
  329  horseback riding, diving, model hobbyist activities, birding,
  330  sailing, jogging, and other related outdoor activities.
  331         (b)(c) Concurrent with its adoption of the annual list of
  332  acquisition projects pursuant to s. 259.035, the board shall
  333  adopt a management prospectus for each project. The management
  334  prospectus shall delineate:
  335         1. The management goals for the property;
  336         2. The conditions that will affect the intensity of
  337  management;
  338         3. An estimate of the revenue-generating potential of the
  339  property, if appropriate;
  340         4. A timetable for implementing the various stages of
  341  management and for providing access to the public, if
  342  applicable;
  343         5. A description of potential multiple-use activities as
  344  described in this section and s. 253.034;
  345         6. Provisions for protecting existing infrastructure and
  346  for ensuring the security of the project upon acquisition;
  347         7. The anticipated costs of management and projected
  348  sources of revenue, including legislative appropriations, to
  349  fund management needs; and
  350         8. Recommendations as to how many employees will be needed
  351  to manage the property, and recommendations as to whether local
  352  governments, volunteer groups, the former landowner, or other
  353  interested parties can be involved in the management.
  354         (c)(d) Concurrent with the approval of the acquisition
  355  contract pursuant to s. 253.025(4) s. 253.025(4)(c) for any
  356  interest in lands except those lands acquired pursuant to s.
  357  259.1052, the board shall designate an agency or agencies to
  358  manage such lands. The board shall evaluate and amend, as
  359  appropriate, the management policy statement for the project as
  360  provided by s. 259.035 to ensure that the policy statement is
  361  compatible with conservation, recreation, or both. For any fee
  362  simple acquisition of a parcel which is or will be leased back
  363  for agricultural purposes, or any acquisition of a less than fee
  364  interest in land that is or will be used for agricultural
  365  purposes, the board shall first consider having a soil and water
  366  conservation district, created pursuant to chapter 582, manage
  367  and monitor such interests.
  368         (d)(e) State agencies designated to manage lands acquired
  369  under this chapter or with funds deposited into the Land
  370  Acquisition Trust Fund, except those lands acquired under s.
  371  259.1052, may contract with local governments and soil and water
  372  conservation districts to assist in management activities,
  373  including the responsibility of being the lead land manager.
  374  Such land management contracts may include a provision for the
  375  transfer of management funding to the local government or soil
  376  and water conservation district from the land acquisition trust
  377  fund of the lead land managing agency in an amount adequate for
  378  the local government or soil and water conservation district to
  379  perform its contractual land management responsibilities and
  380  proportionate to its responsibilities, and which otherwise would
  381  have been expended by the state agency to manage the property.
  382         (e)(f) Immediately following the acquisition of any
  383  interest in conservation and recreation lands, the department,
  384  acting on behalf of the board, may issue to the lead managing
  385  entity an interim assignment letter to be effective until the
  386  execution of a formal lease.
  387         (8)
  388         (b) Individual management plans required by s. 253.034(5),
  389  for parcels over 160 acres, shall be developed with input from
  390  an advisory group. Members of this advisory group shall include,
  391  at a minimum, representatives of the lead land managing agency,
  392  comanaging entities, local private property owners, the
  393  appropriate soil and water conservation district, a local
  394  conservation organization, and a local elected official. If
  395  habitat or potentially restorable habitat for imperiled species
  396  is located on state lands, the Fish and Wildlife Conservation
  397  Commission and the Department of Agriculture and Consumer
  398  Services shall be included on any advisory group required under
  399  chapter 253, and the short-term and long-term management goals
  400  required under chapter 253 must advance the goals and objectives
  401  of imperiled species management without restricting other uses
  402  identified in the management plan. The advisory group shall
  403  conduct at least one public hearing within the county in which
  404  the parcel or project is located. For those parcels or projects
  405  that are within more than one county, at least one areawide
  406  public hearing shall be acceptable and the lead managing agency
  407  shall invite a local elected official from each county. The
  408  areawide public hearing shall be held in the county in which the
  409  core parcels are located. Notice of such public hearing shall be
  410  posted on the parcel or project designated for management,
  411  advertised in a paper of general circulation, and announced at a
  412  scheduled meeting of the local governing body before the actual
  413  public hearing. The management prospectus required pursuant to
  414  paragraph (7)(b) (7)(c) shall be available to the public for a
  415  period of 30 days before the public hearing.
  416  
  417  By July 1 of each year, each governmental agency and each
  418  private entity designated to manage lands shall report to the
  419  Secretary of Environmental Protection on the progress of
  420  funding, staffing, and resource management of every project for
  421  which the agency or entity is responsible.
  422         (9)
  423         (d) Up to one-fifth of the funds appropriated for the
  424  purposes identified in paragraph (b) shall be reserved by the
  425  board for interim management of acquisitions and for associated
  426  contractual services, to ensure the conservation and protection
  427  of natural resources on project sites and to allow limited
  428  public recreational use of lands. Interim management activities
  429  may include, but not be limited to, resource assessments,
  430  control of invasive, nonnative species, habitat restoration,
  431  fencing, law enforcement, controlled burning, and public access
  432  consistent with preliminary determinations made pursuant to
  433  paragraph (7)(e) (7)(f). The board shall make these interim
  434  funds available immediately upon purchase.
  435         Section 5. Section 373.469, Florida Statutes, is created to
  436  read:
  437         373.469Indian River Lagoon Protection Program.—
  438         (1) FINDINGS AND INTENT.—
  439         (a) The Legislature finds that:
  440         1.The Indian River Lagoon is a critical water resource of
  441  this state which provides many economic, natural habitat, and
  442  biodiversity functions that benefit the public interest,
  443  including fishing, navigation, recreation, and habitat to
  444  endangered and threatened species and other flora and fauna.
  445         2.Among other causes, land use changes, onsite sewage
  446  treatment and disposal systems, aging infrastructure, stormwater
  447  runoff, agriculture, and residential fertilizer have resulted in
  448  excess nutrients entering the Indian River Lagoon and adversely
  449  impacting the lagoon’s water quality.
  450         3.Improvement to the hydrology, water quality, and
  451  associated aquatic habitats within the Indian River Lagoon is
  452  essential to the protection of the resource.
  453         4.It is imperative for the state, local governments, and
  454  agricultural and environmental communities to commit to
  455  restoring and protecting the surface water resources of the
  456  Indian River Lagoon, and a holistic approach to address these
  457  issues must be developed and implemented immediately.
  458         5.The expeditious implementation of the Banana River
  459  Lagoon Basin Management Action Plan, Central Indian River Lagoon
  460  Basin Management Action Plan, North Indian River Lagoon Basin
  461  Management Action Plan, and Mosquito Lagoon Reasonable Assurance
  462  Plan is necessary to improve the quality of water in the Indian
  463  River Lagoon ecosystem and to provide a reasonable means of
  464  achieving the total maximum daily load requirements and
  465  achieving and maintaining compliance with state water quality
  466  standards.
  467         6.The implementation of the programs contained in this
  468  section will benefit the public health, safety, and welfare and
  469  is in the public interest.
  470         (b) The Legislature intends for this state to protect and
  471  restore surface water resources and achieve and maintain
  472  compliance with water quality standards in the Indian River
  473  Lagoon through the phased, comprehensive, and innovative
  474  protection program set forth in this section, including long
  475  term solutions based upon the total maximum daily loads
  476  established in accordance with s. 403.067. This program is
  477  watershed-based, provides for the consideration of all water
  478  quality issues needed to meet the total maximum daily load, and
  479  includes research and monitoring, development and implementation
  480  of best management practices, refinement of existing
  481  regulations, and structural and nonstructural projects,
  482  including public works.
  483         (2) DEFINITIONS.—As used in this section, the term:
  484         (a) “Best management practice” means a practice or
  485  combination of practices determined by the coordinating
  486  agencies, based on research, field-testing, and expert review,
  487  to be the most effective and practicable on-location means,
  488  including economic and technological considerations, for
  489  improving water quality in agricultural and urban discharges.
  490  Best management practices for agricultural discharges must
  491  reflect a balance between water quality improvements and
  492  agricultural productivity.
  493         (b) “Enhanced nutrient-reducing onsite sewage treatment and
  494  disposal system” means an onsite sewage treatment and disposal
  495  system approved by the department as capable of meeting or
  496  exceeding a 50 percent total nitrogen reduction before disposal
  497  of wastewater in the drainfield, or at least 65 percent total
  498  nitrogen reduction combined from onsite sewage tank or tanks and
  499  drainfield.
  500         (c)“Total maximum daily load” means the sum of the
  501  individual wasteload allocations for point sources and the load
  502  allocations for nonpoint sources and natural background adopted
  503  pursuant to s. 403.067. Before determining individual wasteload
  504  allocations and load allocations, the maximum amount of a
  505  pollutant that a waterbody or water segment can assimilate from
  506  all sources without exceeding water quality standards must first
  507  be calculated.
  508         (3) THE INDIAN RIVER LAGOON PROTECTION PROGRAM.—The Indian
  509  River Lagoon Protection Program consists of the Banana River
  510  Lagoon Basin Management Action Plan, Central Indian River Lagoon
  511  Basin Management Action Plan, North Indian River Lagoon Basin
  512  Management Action Plan, and Mosquito Lagoon Reasonable Assurance
  513  Plan, and such plans are the components of the Indian River
  514  Lagoon Protection Program which achieve phosphorous and nitrogen
  515  load reductions for the Indian River Lagoon.
  516         (a) Evaluation.—Every 5 years, the department shall
  517  evaluate and update the Banana River Lagoon Basin Management
  518  Action Plan, Central Indian River Lagoon Basin Management Action
  519  Plan, and North Indian River Lagoon Basin Management Action Plan
  520  and identify any further load reductions necessary to achieve
  521  compliance with the relevant total maximum daily loads
  522  established pursuant to s. 403.067. As provided in s.
  523  403.067(7)(a)6., such plans must include 5-year milestones for
  524  implementation and water quality improvement and a water quality
  525  monitoring component sufficient to evaluate whether reasonable
  526  progress in pollutant load reductions is being achieved over
  527  time.
  528         (b)Water quality standards and total maximum daily loads.
  529  The department, in coordination with the Department of
  530  Agriculture and Consumer Services, the St. Johns River Water
  531  Management District, South Florida Water Management District,
  532  local governments, the Indian River Lagoon National Estuary
  533  Program, and other stakeholders, shall identify and prioritize
  534  strategies and projects necessary to achieve water quality
  535  standards within the Indian River Lagoon watershed and meet the
  536  total maximum daily loads. Projects identified from this
  537  evaluation must be incorporated into the Banana River Lagoon
  538  Basin Management Action Plan, Central Indian River Lagoon Basin
  539  Management Action Plan, North Indian River Lagoon Basin
  540  Management Action Plan, and Mosquito Lagoon Reasonable Assurance
  541  Plan, as appropriate.
  542         (c) Indian River Lagoon Watershed Research and Water
  543  Quality Monitoring Program.—The department, in coordination with
  544  the St. Johns River Water Management District, the South Florida
  545  Water Management District, and the Indian River Lagoon National
  546  Estuary Program, shall implement the Indian River Lagoon
  547  Watershed Research and Water Quality Monitoring Program to
  548  establish a comprehensive water quality monitoring network
  549  throughout the Indian River Lagoon and fund research pertaining
  550  to water quality, ecosystem restoration, and seagrass impacts
  551  and restoration. The department shall, in coordination with the
  552  Department of Agriculture and Consumer Services, use the results
  553  from the program to prioritize projects and to make
  554  modifications to the Banana River Lagoon Basin Management Action
  555  Plan, Central Indian River Lagoon Basin Management Action Plan,
  556  North Indian River Lagoon Basin Management Action Plan, and
  557  Mosquito Lagoon Reasonable Assurance Plan, as appropriate.
  558         (d) Onsite sewage treatment and disposal systems.
  559         1.Beginning on January 1, 2024, unless previously
  560  permitted, the installation of new onsite sewage treatment and
  561  disposal systems is prohibited within the Banana River Lagoon
  562  Basin Management Action Plan, Central Indian River Lagoon Basin
  563  Management Action Plan, North Indian River Lagoon Basin
  564  Management Action Plan, and Mosquito Lagoon Reasonable Assurance
  565  Plan areas where a publicly owned or investor-owned sewerage
  566  system is available as defined in s. 381.0065(2)(a). Where
  567  central sewerage is not available, only enhanced nutrient
  568  reducing onsite sewage treatment and disposal systems or other
  569  wastewater treatment systems that achieve at least 65 percent
  570  nitrogen reduction are authorized.
  571         2.By July 1, 2030, any commercial or residential property
  572  with an existing onsite sewage treatment and disposal system
  573  located within the Banana River Lagoon Basin Management Action
  574  Plan, Central Indian River Lagoon Basin Management Action Plan,
  575  North Indian River Lagoon Basin Management Action Plan, and
  576  Mosquito Lagoon Reasonable Assurance Plan areas must connect to
  577  central sewer, if available, or upgrade to an enhanced nutrient-
  578  reducing onsite sewage treatment and disposal system or other
  579  wastewater treatment system that achieves at least 65 percent
  580  nitrogen reduction.
  581         (4) RELATIONSHIP TO STATE WATER QUALITY STANDARDS.—This
  582  section may not be construed to modify any existing state water
  583  quality standard or to modify s. 403.067(6) and (7)(a).
  584         (5) PRESERVATION OF AUTHORITY.—This section may not be
  585  construed to restrict the authority otherwise granted to
  586  agencies pursuant to this chapter and chapter 403, and this
  587  section is supplemental to the authority granted to agencies
  588  pursuant to this chapter and chapter 403.
  589         (6) RULES.—The department and governing boards of the St.
  590  Johns River Water Management District and South Florida Water
  591  Management District may adopt rules pursuant to ss. 120.536(1)
  592  and 120.54 to implement this section.
  593         Section 6. Subsection (1) of section 373.501, Florida
  594  Statutes, is amended to read:
  595         373.501 Appropriation of funds to water management
  596  districts.—
  597         (1) The department shall transfer may allocate to the water
  598  management districts, from funds appropriated to the districts
  599  through the department in, such sums as may be deemed necessary
  600  to defray the costs of the administrative, regulatory, and other
  601  operational activities of the districts. The governing boards
  602  shall submit annual budget requests for such purposes to the
  603  department, and the department shall consider such budgets in
  604  preparing its budget request for the Legislature. The districts
  605  shall annually report to the department on the use of the funds.
  606         Section 7. Present subsections (2) through (8) of section
  607  373.802, Florida Statutes, are redesignated as subsections (3)
  608  through (9), respectively, and a new subsection (2) is added to
  609  that section, to read:
  610         373.802 Definitions.—As used in this part, the term:
  611         (2) “Enhanced nutrient-reducing onsite sewage treatment and
  612  disposal system” means an onsite sewage treatment and disposal
  613  system approved by the department as capable of meeting or
  614  exceeding a 50 percent total nitrogen reduction before disposal
  615  of wastewater in the drainfield, or at least 65 percent total
  616  nitrogen reduction combined from onsite sewage tank or tanks and
  617  drainfield.
  618         Section 8. Subsections (2) and (3) of section 373.807,
  619  Florida Statutes, are amended to read:
  620         373.807 Protection of water quality in Outstanding Florida
  621  Springs.—By July 1, 2016, the department shall initiate
  622  assessment, pursuant to s. 403.067(3), of Outstanding Florida
  623  Springs or spring systems for which an impairment determination
  624  has not been made under the numeric nutrient standards in effect
  625  for spring vents. Assessments must be completed by July 1, 2018.
  626         (2) By July 1, 2017, each local government, as defined in
  627  s. 373.802(3) s. 373.802(2), that has not adopted an ordinance
  628  pursuant to s. 403.9337, shall develop, enact, and implement an
  629  ordinance pursuant to that section. It is the intent of the
  630  Legislature that ordinances required to be adopted under this
  631  subsection reflect the latest scientific information,
  632  advancements, and technological improvements in the industry.
  633         (3) As part of a basin management action plan that includes
  634  an Outstanding Florida Spring, the department, relevant local
  635  governments, and relevant local public and private wastewater
  636  utilities shall develop an onsite sewage treatment and disposal
  637  system remediation plan for a spring if the department
  638  determines onsite sewage treatment and disposal systems within a
  639  basin management action plan priority focus area contribute at
  640  least 20 percent of nonpoint source nitrogen pollution or if the
  641  department determines remediation is necessary to achieve the
  642  total maximum daily load. The plan must shall identify cost
  643  effective and financially feasible projects necessary to reduce
  644  the nutrient impacts from onsite sewage treatment and disposal
  645  systems and shall be completed and adopted as part of the basin
  646  management action plan no later than the first 5-year milestone
  647  required by subparagraph (1)(b)8. The department is the lead
  648  agency in coordinating the preparation of and the adoption of
  649  the plan. The department shall:
  650         (a) Collect and evaluate credible scientific information on
  651  the effect of nutrients, particularly forms of nitrogen, on
  652  springs and springs systems; and
  653         (b) Develop a public education plan to provide area
  654  residents with reliable, understandable information about onsite
  655  sewage treatment and disposal systems and springs.
  656  
  657  In addition to the requirements in s. 403.067, the plan must
  658  shall include options for repair, upgrade, replacement,
  659  drainfield modification, addition of effective nitrogen reducing
  660  features, connection to a central sewerage system, or other
  661  action for an onsite sewage treatment and disposal system or
  662  group of systems within a basin management action plan priority
  663  focus area that contribute at least 20 percent of nonpoint
  664  source nitrogen pollution or if the department determines
  665  remediation is necessary to achieve a total maximum daily load.
  666  For these systems, the department shall include in the plan a
  667  priority ranking for each system or group of systems that
  668  requires remediation and shall award funds to implement the
  669  remediation projects contingent on an appropriation in the
  670  General Appropriations Act, which may include all or part of the
  671  costs necessary for repair, upgrade, replacement, drainfield
  672  modification, addition of effective nitrogen reducing features,
  673  initial connection to a central sewerage system, or other
  674  action. In awarding funds, the department may consider expected
  675  nutrient reduction benefit per unit cost, size and scope of
  676  project, relative local financial contribution to the project,
  677  and the financial impact on property owners and the community.
  678  The department may waive matching funding requirements for
  679  proposed projects within an area designated as a rural area of
  680  opportunity under s. 288.0656.
  681         Section 9. Section 373.811, Florida Statutes, is amended to
  682  read:
  683         373.811 Prohibited activities within a basin management
  684  action plan priority focus area.—The following activities are
  685  prohibited within a basin management action plan priority focus
  686  area in effect for an Outstanding Florida Spring:
  687         (1) New domestic wastewater disposal facilities, including
  688  rapid infiltration basins, with permitted capacities of 100,000
  689  gallons per day or more, except for those facilities that meet
  690  an advanced wastewater treatment standard of no more than 3 mg/l
  691  total nitrogen, expressed as N, on an annual permitted basis, or
  692  a more stringent treatment standard if the department determines
  693  the more stringent standard is necessary to attain a total
  694  maximum daily load for the Outstanding Florida Spring.
  695         (2) New onsite sewage treatment and disposal systems where
  696  connection to a publicly owned or investor-owned sewerage system
  697  is available as defined in s. 381.0065(2)(a). On lots of 1 acre
  698  or less, if a publicly owned or investor-owned sewerage system
  699  is not available, only the installation of enhanced nutrient
  700  reducing onsite sewage treatment and disposal systems or other
  701  wastewater treatment systems that achieve at least 65 percent
  702  nitrogen reduction is authorized on lots of less than 1 acre, if
  703  the addition of the specific systems conflicts with an onsite
  704  treatment and disposal system remediation plan incorporated into
  705  a basin management action plan in accordance with s. 373.807(3).
  706         (3) New facilities for the disposal of hazardous waste.
  707         (4) The land application of Class A or Class B domestic
  708  wastewater biosolids not in accordance with a department
  709  approved nutrient management plan establishing the rate at which
  710  all biosolids, soil amendments, and sources of nutrients at the
  711  land application site can be applied to the land for crop
  712  production while minimizing the amount of pollutants and
  713  nutrients discharged to groundwater or waters of the state.
  714         (5) New agriculture operations that do not implement best
  715  management practices, measures necessary to achieve pollution
  716  reduction levels established by the department, or groundwater
  717  monitoring plans approved by a water management district or the
  718  department.
  719         Section 10. Present paragraphs (f) through (r) of
  720  subsection (2) of section 381.0065, Florida Statutes, are
  721  redesignated as paragraphs (g) through (s), respectively, a new
  722  paragraph (f) is added to that subsection, and paragraph (n) of
  723  subsection (4) of that section is amended, to read:
  724         381.0065 Onsite sewage treatment and disposal systems;
  725  regulation.—
  726         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
  727  term:
  728         (f) “Enhanced nutrient-reducing onsite sewage treatment and
  729  disposal system” means an onsite sewage treatment and disposal
  730  system approved by the department as capable of meeting or
  731  exceeding a 50 percent total nitrogen reduction before disposal
  732  of wastewater in the drainfield, or at least 65 percent total
  733  nitrogen reduction combined from onsite sewage tank or tanks and
  734  drainfield.
  735         (4) PERMITS; INSTALLATION; CONDITIONS.—A person may not
  736  construct, repair, modify, abandon, or operate an onsite sewage
  737  treatment and disposal system without first obtaining a permit
  738  approved by the department. The department may issue permits to
  739  carry out this section, except that the issuance of a permit for
  740  work seaward of the coastal construction control line
  741  established under s. 161.053 shall be contingent upon receipt of
  742  any required coastal construction control line permit from the
  743  department. A construction permit is valid for 18 months after
  744  the date of issuance and may be extended by the department for
  745  one 90-day period under rules adopted by the department. A
  746  repair permit is valid for 90 days after the date of issuance.
  747  An operating permit must be obtained before the use of any
  748  aerobic treatment unit or if the establishment generates
  749  commercial waste. Buildings or establishments that use an
  750  aerobic treatment unit or generate commercial waste shall be
  751  inspected by the department at least annually to assure
  752  compliance with the terms of the operating permit. The operating
  753  permit for a commercial wastewater system is valid for 1 year
  754  after the date of issuance and must be renewed annually. The
  755  operating permit for an aerobic treatment unit is valid for 2
  756  years after the date of issuance and must be renewed every 2
  757  years. If all information pertaining to the siting, location,
  758  and installation conditions or repair of an onsite sewage
  759  treatment and disposal system remains the same, a construction
  760  or repair permit for the onsite sewage treatment and disposal
  761  system may be transferred to another person, if the transferee
  762  files, within 60 days after the transfer of ownership, an
  763  amended application providing all corrected information and
  764  proof of ownership of the property. A fee is not associated with
  765  the processing of this supplemental information. A person may
  766  not contract to construct, modify, alter, repair, service,
  767  abandon, or maintain any portion of an onsite sewage treatment
  768  and disposal system without being registered under part III of
  769  chapter 489. A property owner who personally performs
  770  construction, maintenance, or repairs to a system serving his or
  771  her own owner-occupied single-family residence is exempt from
  772  registration requirements for performing such construction,
  773  maintenance, or repairs on that residence, but is subject to all
  774  permitting requirements. A municipality or political subdivision
  775  of the state may not issue a building or plumbing permit for any
  776  building that requires the use of an onsite sewage treatment and
  777  disposal system unless the owner or builder has received a
  778  construction permit for such system from the department. A
  779  building or structure may not be occupied and a municipality,
  780  political subdivision, or any state or federal agency may not
  781  authorize occupancy until the department approves the final
  782  installation of the onsite sewage treatment and disposal system.
  783  A municipality or political subdivision of the state may not
  784  approve any change in occupancy or tenancy of a building that
  785  uses an onsite sewage treatment and disposal system until the
  786  department has reviewed the use of the system with the proposed
  787  change, approved the change, and amended the operating permit.
  788         (n) Evaluations for determining the seasonal high-water
  789  table elevations or the suitability of soils for the use of a
  790  new onsite sewage treatment and disposal system shall be
  791  performed by department personnel, professional engineers
  792  registered in the state, or such other persons with expertise,
  793  as defined by rule, in making such evaluations. Evaluations for
  794  determining mean annual flood lines shall be performed by those
  795  persons identified in paragraph (2)(l) (2)(k). The department
  796  shall accept evaluations submitted by professional engineers and
  797  such other persons as meet the expertise established by this
  798  section or by rule unless the department has a reasonable
  799  scientific basis for questioning the accuracy or completeness of
  800  the evaluation.
  801         Section 11. Subsections (5) and (6) of section 381.00652,
  802  Florida Statutes, are amended to read:
  803         381.00652 Onsite sewage treatment and disposal systems
  804  technical advisory committee.—
  805         (5) By January 1 of each year, 2022, the committee shall
  806  submit its recommendations to the Governor, the President of the
  807  Senate, and the Speaker of the House of Representatives.
  808         (6) This section expires August 15, 2022.
  809         Section 12. Subsection (3) is added to section 381.00655,
  810  Florida Statutes, to read:
  811         381.00655 Connection of existing onsite sewage treatment
  812  and disposal systems to central sewerage system; requirements.—
  813         (3)Local governmental agencies, as defined in s.
  814  403.1835(2), that receive grants or loans from the department to
  815  offset the cost of connecting onsite sewage treatment and
  816  disposal systems to publicly owned or investor-owned sewerage
  817  systems are encouraged to do all of the following while such
  818  funds remain available:
  819         (a)Identify the owners of onsite sewage treatment and
  820  disposal systems within the jurisdiction of the respective local
  821  governmental agency who are eligible to apply for the grant or
  822  loan funds and notify such owners of the funding availability.
  823         (b) Maintain a publicly available website with information
  824  relating to the availability of the grant or loan funds,
  825  including the amount of funds available and information on how
  826  the owner of an onsite sewage treatment and disposal system may
  827  apply for such funds.
  828         Section 13. Section 403.031, Florida Statutes, is reordered
  829  and amended to read:
  830         403.031 Definitions.—In construing this chapter, or rules
  831  and regulations adopted pursuant hereto, the following words,
  832  phrases, or terms, unless the context otherwise indicates, have
  833  the following meanings:
  834         (1) “Contaminant” is any substance which is harmful to
  835  plant, animal, or human life.
  836         (2) “Department” means the Department of Environmental
  837  Protection.
  838         (3) “Effluent limitations” means any restriction
  839  established by the department on quantities, rates, or
  840  concentrations of chemical, physical, biological, or other
  841  constituents which are discharged from sources into waters of
  842  the state.
  843         (5) “Enhanced nutrient-reducing onsite sewage treatment and
  844  disposal system” means an onsite sewage treatment and disposal
  845  system approved by the department as capable of meeting or
  846  exceeding a 50 percent total nitrogen reduction before disposal
  847  of wastewater in the drainfield, or at least 65 percent total
  848  nitrogen reduction combined from onsite sewage tank or tanks and
  849  drainfield.
  850         (6)(4) “Installation” means is any structure, equipment, or
  851  facility, or appurtenances thereto, or operation which may emit
  852  air or water contaminants in quantities prohibited by rules of
  853  the department.
  854         (7)“Nutrient or nutrient-related standards” means water
  855  quality standards and criteria established for total nitrogen
  856  and total phosphorous, or their organic or inorganic forms;
  857  biological variables, such as chlorophyll-a, biomass, or the
  858  structure of the phytoplankton, periphyton, or vascular plant
  859  community, that respond to nutrient load or concentration in a
  860  predictable and measurable manner; or dissolved oxygen if it is
  861  demonstrated for the waterbody that dissolved oxygen conditions
  862  result in a biological imbalance and the dissolved oxygen
  863  responds to a nutrient load or concentration in a predictable
  864  and measurable manner.
  865         (8)“Onsite sewage treatment and disposal system” means a
  866  system that contains a standard subsurface, filled, or mound
  867  drainfield system; an aerobic treatment unit; a graywater system
  868  tank; a laundry wastewater system tank; a septic tank; a grease
  869  interceptor; a pump tank; a solids or effluent pump; a
  870  waterless, incinerating, or organic waste-composting toilet; or
  871  a sanitary pit privy that is installed or proposed to be
  872  installed beyond the building sewer on land of the owner or on
  873  other land to which the owner has the legal right to install a
  874  system. The term includes any item placed within, or intended to
  875  be used as a part of or in conjunction with, the system. The
  876  term does not include package sewage treatment facilities and
  877  other treatment works regulated under chapter 403.
  878         (9)(5) “Person” means the state or any agency or
  879  institution thereof, the United States or any agency or
  880  institution thereof, or any municipality, political subdivision,
  881  public or private corporation, individual, partnership,
  882  association, or other entity and includes any officer or
  883  governing or managing body of the state, the United States, any
  884  agency, any municipality, political subdivision, or public or
  885  private corporation.
  886         (10)(6) “Plant” is any unit operation, complex, area, or
  887  multiple of unit operations that produce, process, or cause to
  888  be processed any materials, the processing of which can, or may,
  889  cause air or water pollution.
  890         (11)(7) “Pollution” is the presence in the outdoor
  891  atmosphere or waters of the state of any substances,
  892  contaminants, noise, or manmade or human-induced impairment of
  893  air or waters or alteration of the chemical, physical,
  894  biological, or radiological integrity of air or water in
  895  quantities or at levels which are or may be potentially harmful
  896  or injurious to human health or welfare, animal or plant life,
  897  or property or which unreasonably interfere with the enjoyment
  898  of life or property, including outdoor recreation unless
  899  authorized by applicable law.
  900         (12)(8) “Pollution prevention” means the steps taken by a
  901  potential generator of contamination or pollution to eliminate
  902  or reduce the contamination or pollution before it is discharged
  903  into the environment. The term includes nonmandatory steps taken
  904  to use alternative forms of energy, conserve or reduce the use
  905  of energy, substitute nontoxic materials for toxic materials,
  906  conserve or reduce the use of toxic materials and raw materials,
  907  reformulate products, modify manufacturing or other processes,
  908  improve in-plant maintenance and operations, implement
  909  environmental planning before expanding a facility, and recycle
  910  toxic or other raw materials.
  911         (14)(9) “Sewerage system” means pipelines or conduits,
  912  pumping stations, and force mains and all other structures,
  913  devices, appurtenances, and facilities used for collecting or
  914  conducting wastes to an ultimate point for treatment or
  915  disposal.
  916         (15)(10) “Source” means is any and all points of origin of
  917  a contaminant the item defined in subsection (1), whether
  918  privately or publicly owned or operated.
  919         (21)(11) “Treatment works” and “disposal systems” mean any
  920  plant or other works used for the purpose of treating,
  921  stabilizing, or holding wastes.
  922         (22)(12) “Wastes” means sewage, industrial wastes, and all
  923  other liquid, gaseous, solid, radioactive, or other substances
  924  which may pollute or tend to pollute any waters of the state.
  925         (23)(13) “Waters” include, but are not limited to, rivers,
  926  lakes, streams, springs, impoundments, wetlands, and all other
  927  waters or bodies of water, including fresh, brackish, saline,
  928  tidal, surface, or underground waters. Waters owned entirely by
  929  one person other than the state are included only in regard to
  930  possible discharge on other property or water. Underground
  931  waters include, but are not limited to, all underground waters
  932  passing through pores of rock or soils or flowing through in
  933  channels, whether manmade or natural. Solely for purposes of s.
  934  403.0885, waters of the state also include navigable waters or
  935  waters of the contiguous zone as used in s. 502 of the Clean
  936  Water Act, as amended, 33 U.S.C. ss. 1251 et seq., as in
  937  existence on January 1, 1993, except for those navigable waters
  938  seaward of the boundaries of the state set forth in s. 1, Art.
  939  II of the State Constitution. Solely for purposes of this
  940  chapter, waters of the state also include the area bounded by
  941  the following:
  942         (a) Commence at the intersection of State Road (SRD) 5
  943  (U.S. 1) and the county line dividing Miami-Dade and Monroe
  944  Counties, said point also being the mean high-water line of
  945  Florida Bay, located in section 4, township 60 south, range 39
  946  east of the Tallahassee Meridian for the point of beginning.
  947  From said point of beginning, thence run northwesterly along
  948  said SRD 5 to an intersection with the north line of section 18,
  949  township 58 south, range 39 east; thence run westerly to a point
  950  marking the southeast corner of section 12, township 58 south,
  951  range 37 east, said point also lying on the east boundary of the
  952  Everglades National Park; thence run north along the east
  953  boundary of the aforementioned Everglades National Park to a
  954  point marking the northeast corner of section 1, township 58
  955  south, range 37 east; thence run west along said park to a point
  956  marking the northwest corner of said section 1; thence run
  957  northerly along said park to a point marking the northwest
  958  corner of section 24, township 57 south, range 37 east; thence
  959  run westerly along the south lines of sections 14, 15, and 16 to
  960  the southwest corner of section 16; thence leaving the
  961  Everglades National Park boundary run northerly along the west
  962  line of section 16 to the northwest corner of section 16; thence
  963  east along the northerly line of section 16 to a point at the
  964  intersection of the east one-half and west one-half of section
  965  9; thence northerly along the line separating the east one-half
  966  and the west one-half of sections 9, 4, 33, and 28; thence run
  967  easterly along the north line of section 28 to the northeast
  968  corner of section 28; thence run northerly along the west line
  969  of section 22 to the northwest corner of section 22; thence
  970  easterly along the north line of section 22 to a point at the
  971  intersection of the east one-half and west one-half of section
  972  15; thence run northerly along said line to the point of
  973  intersection with the north line of section 15; thence easterly
  974  along the north line of section 15 to the northeast corner of
  975  section 15; thence run northerly along the west lines of
  976  sections 11 and 2 to the northwest corner of section 2; thence
  977  run easterly along the north lines of sections 2 and 1 to the
  978  northeast corner of section 1, township 56 south, range 37 east;
  979  thence run north along the east line of section 36, township 55
  980  south, range 37 east to the northeast corner of section 36;
  981  thence run west along the north line of section 36 to the
  982  northwest corner of section 36; thence run north along the west
  983  line of section 25 to the northwest corner of section 25; thence
  984  run west along the north line of section 26 to the northwest
  985  corner of section 26; thence run north along the west line of
  986  section 23 to the northwest corner of section 23; thence run
  987  easterly along the north line of section 23 to the northeast
  988  corner of section 23; thence run north along the west line of
  989  section 13 to the northwest corner of section 13; thence run
  990  east along the north line of section 13 to a point of
  991  intersection with the west line of the southeast one-quarter of
  992  section 12; thence run north along the west line of the
  993  southeast one-quarter of section 12 to the northwest corner of
  994  the southeast one-quarter of section 12; thence run east along
  995  the north line of the southeast one-quarter of section 12 to the
  996  point of intersection with the east line of section 12; thence
  997  run east along the south line of the northwest one-quarter of
  998  section 7 to the southeast corner of the northwest one-quarter
  999  of section 7; thence run north along the east line of the
 1000  northwest one-quarter of section 7 to the point of intersection
 1001  with the north line of section 7; thence run northerly along the
 1002  west line of the southeast one-quarter of section 6 to the
 1003  northwest corner of the southeast one-quarter of section 6;
 1004  thence run east along the north lines of the southeast one
 1005  quarter of section 6 and the southwest one-quarter of section 5
 1006  to the northeast corner of the southwest one-quarter of section
 1007  5; thence run northerly along the east line of the northwest
 1008  one-quarter of section 5 to the point of intersection with the
 1009  north line of section 5; thence run northerly along the line
 1010  dividing the east one-half and the west one-half of Lot 5 to a
 1011  point intersecting the north line of Lot 5; thence run east
 1012  along the north line of Lot 5 to the northeast corner of Lot 5,
 1013  township 54 1/2 south, range 38 east; thence run north along the
 1014  west line of section 33, township 54 south, range 38 east to a
 1015  point intersecting the northwest corner of the southwest one
 1016  quarter of section 33; thence run easterly along the north line
 1017  of the southwest one-quarter of section 33 to the northeast
 1018  corner of the southwest one-quarter of section 33; thence run
 1019  north along the west line of the northeast one-quarter of
 1020  section 33 to a point intersecting the north line of section 33;
 1021  thence run easterly along the north line of section 33 to the
 1022  northeast corner of section 33; thence run northerly along the
 1023  west line of section 27 to a point intersecting the northwest
 1024  corner of the southwest one-quarter of section 27; thence run
 1025  easterly to the northeast corner of the southwest one-quarter of
 1026  section 27; thence run northerly along the west line of the
 1027  northeast one-quarter of section 27 to a point intersecting the
 1028  north line of section 27; thence run west along the north line
 1029  of section 27 to the northwest corner of section 27; thence run
 1030  north along the west lines of sections 22 and 15 to the
 1031  northwest corner of section 15; thence run easterly along the
 1032  north lines of sections 15 and 14 to the point of intersection
 1033  with the L-31N Levee, said intersection located near the
 1034  southeast corner of section 11, township 54 south, range 38
 1035  east; thence run northerly along Levee L-31N crossing SRD 90
 1036  (U.S. 41 Tamiami Trail) to an intersection common to Levees L
 1037  31N, L-29, and L-30, said intersection located near the
 1038  southeast corner of section 2, township 54 south, range 38 east;
 1039  thence run northeasterly, northerly, and northeasterly along
 1040  Levee L-30 to a point of intersection with the Miami
 1041  Dade/Broward Levee, said intersection located near the northeast
 1042  corner of section 17, township 52 south, range 39 east; thence
 1043  run due east to a point of intersection with SRD 27 (Krome
 1044  Ave.); thence run northeasterly along SRD 27 to an intersection
 1045  with SRD 25 (U.S. 27), said intersection located in section 3,
 1046  township 52 south, range 39 east; thence run northerly along
 1047  said SRD 25, entering into Broward County, to an intersection
 1048  with SRD 84 at Andytown; thence run southeasterly along the
 1049  aforementioned SRD 84 to an intersection with the southwesterly
 1050  prolongation of Levee L-35A, said intersection being located in
 1051  the northeast one-quarter of section 5, township 50 south, range
 1052  40 east; thence run northeasterly along Levee L-35A to an
 1053  intersection of Levee L-36, said intersection located near the
 1054  southeast corner of section 12, township 49 south, range 40
 1055  east; thence run northerly along Levee L-36, entering into Palm
 1056  Beach County, to an intersection common to said Levees L-36, L
 1057  39, and L-40, said intersection located near the west quarter
 1058  corner of section 19, township 47 south, range 41 east; thence
 1059  run northeasterly, easterly, and northerly along Levee L-40,
 1060  said Levee L-40 being the easterly boundary of the Loxahatchee
 1061  National Wildlife Refuge, to an intersection with SRD 80 (U.S.
 1062  441), said intersection located near the southeast corner of
 1063  section 32, township 43 south, range 40 east; thence run
 1064  westerly along the aforementioned SRD 80 to a point marking the
 1065  intersection of said road and the northeasterly prolongation of
 1066  Levee L-7, said Levee L-7 being the westerly boundary of the
 1067  Loxahatchee National Wildlife Refuge; thence run southwesterly
 1068  and southerly along said Levee L-7 to an intersection common to
 1069  Levees L-7, L-15 (Hillsborough Canal), and L-6; thence run
 1070  southwesterly along Levee L-6 to an intersection common to Levee
 1071  L-6, SRD 25 (U.S. 27), and Levee L-5, said intersection being
 1072  located near the northwest corner of section 27, township 47
 1073  south, range 38 east; thence run westerly along the
 1074  aforementioned Levee L-5 to a point intersecting the east line
 1075  of range 36 east; thence run northerly along said range line to
 1076  a point marking the northeast corner of section 1, township 47
 1077  south, range 36 east; thence run westerly along the north line
 1078  of township 47 south, to an intersection with Levee L-23/24
 1079  (Miami Canal); thence run northwesterly along the Miami Canal
 1080  Levee to a point intersecting the north line of section 22,
 1081  township 46 south, range 35 east; thence run westerly to a point
 1082  marking the northwest corner of section 21, township 46 south,
 1083  range 35 east; thence run southerly to the southwest corner of
 1084  said section 21; thence run westerly to a point marking the
 1085  northwest corner of section 30, township 46 south, range 35
 1086  east, said point also being on the line dividing Palm Beach and
 1087  Hendry Counties; from said point, thence run southerly along
 1088  said county line to a point marking the intersection of Broward,
 1089  Hendry, and Collier Counties, said point also being the
 1090  northeast corner of section 1, township 49 south, range 34 east;
 1091  thence run westerly along the line dividing Hendry and Collier
 1092  Counties and continuing along the prolongation thereof to a
 1093  point marking the southwest corner of section 36, township 48
 1094  south, range 29 east; thence run southerly to a point marking
 1095  the southwest corner of section 12, township 49 south, range 29
 1096  east; thence run westerly to a point marking the southwest
 1097  corner of section 10, township 49 south, range 29 east; thence
 1098  run southerly to a point marking the southwest corner of section
 1099  15, township 49 south, range 29 east; thence run westerly to a
 1100  point marking the northwest corner of section 24, township 49
 1101  south, range 28 east, said point lying on the west boundary of
 1102  the Big Cypress Area of Critical State Concern as described in
 1103  rule 28-25.001, Florida Administrative Code; thence run
 1104  southerly along said boundary crossing SRD 84 (Alligator Alley)
 1105  to a point marking the southwest corner of section 24, township
 1106  50 south, range 28 east; thence leaving the aforementioned west
 1107  boundary of the Big Cypress Area of Critical State Concern run
 1108  easterly to a point marking the northeast corner of section 25,
 1109  township 50 south, range 28 east; thence run southerly along the
 1110  east line of range 28 east to a point lying approximately 0.15
 1111  miles south of the northeast corner of section 1, township 52
 1112  south, range 28 east; thence run southwesterly 2.4 miles more or
 1113  less to an intersection with SRD 90 (U.S. 41 Tamiami Trail),
 1114  said intersection lying 1.1 miles more or less west of the east
 1115  line of range 28 east; thence run northwesterly and westerly
 1116  along SRD 90 to an intersection with the west line of section
 1117  10, township 52 south, range 28 east; thence leaving SRD 90 run
 1118  southerly to a point marking the southwest corner of section 15,
 1119  township 52 south, range 28 east; thence run westerly crossing
 1120  the Faka Union Canal 0.6 miles more or less to a point; thence
 1121  run southerly and parallel to the Faka Union Canal to a point
 1122  located on the mean high-water line of Faka Union Bay; thence
 1123  run southeasterly along the mean high-water line of the various
 1124  bays, rivers, inlets, and streams to the point of beginning.
 1125         (b) The area bounded by the line described in paragraph (a)
 1126  generally includes those waters to be known as waters of the
 1127  state. The landward extent of these waters shall be determined
 1128  by the delineation methodology ratified in s. 373.4211. Any
 1129  waters which are outside the general boundary line described in
 1130  paragraph (a) but which are contiguous thereto by virtue of the
 1131  presence of a wetland, watercourse, or other surface water, as
 1132  determined by the delineation methodology ratified in s.
 1133  373.4211, shall be a part of this waterbody water body. Any
 1134  areas within the line described in paragraph (a) which are
 1135  neither a wetland nor surface water, as determined by the
 1136  delineation methodology ratified in s. 373.4211, shall be
 1137  excluded therefrom. If the Florida Environmental Regulation
 1138  Commission designates the waters within the boundaries an
 1139  Outstanding Florida Water, waters outside the boundaries may
 1140  shall not be included as part of such designation unless a
 1141  hearing is held pursuant to notice in each appropriate county
 1142  and the boundaries of such lands are specifically considered and
 1143  described for such designation.
 1144         (16)(14) “State water resource implementation rule” means
 1145  the rule authorized by s. 373.036, which sets forth goals,
 1146  objectives, and guidance for the development and review of
 1147  programs, rules, and plans relating to water resources, based on
 1148  statutory policies and directives. The waters of the state are
 1149  among its most basic resources. Such waters should be managed to
 1150  conserve and protect water resources and to realize the full
 1151  beneficial use of these resources.
 1152         (17)(15) “Stormwater management program” means the
 1153  institutional strategy for stormwater management, including
 1154  urban, agricultural, and other stormwater.
 1155         (18)(16) “Stormwater management system” means a system
 1156  which is designed and constructed or implemented to control
 1157  discharges that which are necessitated by rainfall events,
 1158  incorporating methods to collect, convey, store, absorb,
 1159  inhibit, treat, use, or reuse water to prevent or reduce
 1160  flooding, overdrainage, environmental degradation and water
 1161  pollution or otherwise affect the quantity and quality of
 1162  discharges from the system.
 1163         (19)(17) “Stormwater utility” means the funding of a
 1164  stormwater management program by assessing the cost of the
 1165  program to the beneficiaries based on their relative
 1166  contribution to its need. It is operated as a typical utility
 1167  which bills services regularly, similar to water and wastewater
 1168  services.
 1169         (24)(18) “Watershed” means the land area that which
 1170  contributes to the flow of water into a receiving body of water.
 1171         (13)(19) “Regulated air pollutant” means any pollutant
 1172  regulated under the federal Clean Air Act.
 1173         (4)(20) “Electrical power plant” means, for purposes of
 1174  this part of this chapter, any electrical generating facility
 1175  that uses any process or fuel and that is owned or operated by
 1176  an electric utility, as defined in s. 403.503(14), and includes
 1177  any associated facility that directly supports the operation of
 1178  the electrical power plant.
 1179         (20)(21) “Total maximum daily load” is defined as the sum
 1180  of the individual wasteload allocations for point sources and
 1181  the load allocations for nonpoint sources and natural
 1182  background. Prior to determining individual wasteload
 1183  allocations and load allocations, the maximum amount of a
 1184  pollutant that a waterbody water body or water segment can
 1185  assimilate from all sources without exceeding water quality
 1186  standards must first be calculated.
 1187         Section 14. Paragraphs (a) and (e) of subsection (7) of
 1188  section 403.067, Florida Statutes, are amended to read:
 1189         403.067 Establishment and implementation of total maximum
 1190  daily loads.—
 1191         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
 1192  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
 1193         (a) Basin management action plans.—
 1194         1. In developing and implementing the total maximum daily
 1195  load for a waterbody water body, the department, or the
 1196  department in conjunction with a water management district, may
 1197  develop a basin management action plan that addresses some or
 1198  all of the watersheds and basins tributary to the waterbody
 1199  water body. Such plan must integrate the appropriate management
 1200  strategies available to the state through existing water quality
 1201  protection programs to achieve the total maximum daily loads and
 1202  may provide for phased implementation of these management
 1203  strategies to promote timely, cost-effective actions as provided
 1204  for in s. 403.151. The plan must establish a schedule
 1205  implementing the management strategies, establish a basis for
 1206  evaluating the plan’s effectiveness, and identify feasible
 1207  funding strategies for implementing the plan’s management
 1208  strategies. The management strategies may include regional
 1209  treatment systems or other public works, when appropriate, and
 1210  voluntary trading of water quality credits to achieve the needed
 1211  pollutant load reductions.
 1212         2. A basin management action plan must equitably allocate,
 1213  pursuant to paragraph (6)(b), pollutant reductions to individual
 1214  basins, as a whole to all basins, or to each identified point
 1215  source or category of nonpoint sources, as appropriate. For
 1216  nonpoint sources for which best management practices have been
 1217  adopted, the initial requirement specified by the plan must be
 1218  those practices developed pursuant to paragraph (c). When
 1219  appropriate, the plan may take into account the benefits of
 1220  pollutant load reduction achieved by point or nonpoint sources
 1221  that have implemented management strategies to reduce pollutant
 1222  loads, including best management practices, before the
 1223  development of the basin management action plan. The plan must
 1224  also identify the mechanisms that will address potential future
 1225  increases in pollutant loading.
 1226         3. The basin management action planning process is intended
 1227  to involve the broadest possible range of interested parties,
 1228  with the objective of encouraging the greatest amount of
 1229  cooperation and consensus possible. In developing a basin
 1230  management action plan, the department shall assure that key
 1231  stakeholders, including, but not limited to, applicable local
 1232  governments, water management districts, the Department of
 1233  Agriculture and Consumer Services, other appropriate state
 1234  agencies, local soil and water conservation districts,
 1235  environmental groups, regulated interests, and affected
 1236  pollution sources, are invited to participate in the process.
 1237  The department shall hold at least one public meeting in the
 1238  vicinity of the watershed or basin to discuss and receive
 1239  comments during the planning process and shall otherwise
 1240  encourage public participation to the greatest practicable
 1241  extent. Notice of the public meeting must be published in a
 1242  newspaper of general circulation in each county in which the
 1243  watershed or basin lies at least 5 days, but not more than 15
 1244  days, before the public meeting. A basin management action plan
 1245  does not supplant or otherwise alter any assessment made under
 1246  subsection (3) or subsection (4) or any calculation or initial
 1247  allocation.
 1248         4. Each new or revised basin management action plan must
 1249  shall include all of the following:
 1250         a. The appropriate management strategies available through
 1251  existing water quality protection programs to achieve total
 1252  maximum daily loads, which may provide for phased implementation
 1253  to promote timely, cost-effective actions as provided for in s.
 1254  403.151.;
 1255         b. A description of best management practices adopted by
 1256  rule.;
 1257         c. For the applicable 5-year implementation milestone, a
 1258  list of projects that will achieve the pollutant load reductions
 1259  needed to meet the total maximum daily load or the load
 1260  allocations established pursuant to subsection (6). Each project
 1261  must include a planning-level cost estimate and an estimated
 1262  date of completion. A list of projects in priority ranking with
 1263  a planning-level cost estimate and estimated date of completion
 1264  for each listed project;
 1265         d.A list of projects developed pursuant to paragraph (e),
 1266  if applicable.
 1267         e.d. The source and amount of financial assistance to be
 1268  made available by the department, a water management district,
 1269  or other entity for each listed project, if applicable.; and
 1270         f.e. A planning-level estimate of each listed project’s
 1271  expected load reduction, if applicable.
 1272         5. The department shall adopt all or any part of a basin
 1273  management action plan and any amendment to such plan by
 1274  secretarial order pursuant to chapter 120 to implement this
 1275  section.
 1276         6. The basin management action plan must include 5-year
 1277  milestones for implementation and water quality improvement, and
 1278  an associated water quality monitoring component sufficient to
 1279  evaluate whether reasonable progress in pollutant load
 1280  reductions is being achieved over time. An assessment of
 1281  progress toward these milestones shall be conducted every 5
 1282  years, and revisions to the plan shall be made as appropriate.
 1283  Any entity with a specific pollutant load reduction requirement
 1284  established in a basin management action plan shall identify the
 1285  projects or strategies that such entity will undertake to meet
 1286  current 5-year pollution reduction milestones, beginning with
 1287  the first 5-year milestone for new basin management action
 1288  plans, and submit such projects to the department for inclusion
 1289  in the appropriate basin management action plan. Each project
 1290  identified must include an estimated amount of nutrient
 1291  reduction that is reasonably expected to be achieved based on
 1292  the best scientific information available. Revisions to the
 1293  basin management action plan shall be made by the department in
 1294  cooperation with basin stakeholders. Revisions to the management
 1295  strategies required for nonpoint sources must follow the
 1296  procedures in subparagraph (c)4. Revised basin management action
 1297  plans must be adopted pursuant to subparagraph 5.
 1298         7. In accordance with procedures adopted by rule under
 1299  paragraph (9)(c), basin management action plans, and other
 1300  pollution control programs under local, state, or federal
 1301  authority as provided in subsection (4), may allow point or
 1302  nonpoint sources that will achieve greater pollutant reductions
 1303  than required by an adopted total maximum daily load or
 1304  wasteload allocation to generate, register, and trade water
 1305  quality credits for the excess reductions to enable other
 1306  sources to achieve their allocation; however, the generation of
 1307  water quality credits does not remove the obligation of a source
 1308  or activity to meet applicable technology requirements or
 1309  adopted best management practices. Such plans must allow trading
 1310  between NPDES permittees, and trading that may or may not
 1311  involve NPDES permittees, where the generation or use of the
 1312  credits involve an entity or activity not subject to department
 1313  water discharge permits whose owner voluntarily elects to obtain
 1314  department authorization for the generation and sale of credits.
 1315         8. The department’s rule relating to the equitable
 1316  abatement of pollutants into surface waters does do not apply to
 1317  waterbodies water bodies or waterbody water body segments for
 1318  which a basin management plan that takes into account future new
 1319  or expanded activities or discharges has been adopted under this
 1320  section.
 1321         9. In order to promote resilient wastewater utilities, if
 1322  the department identifies domestic wastewater treatment
 1323  facilities or onsite sewage treatment and disposal systems as
 1324  contributors of at least 20 percent of point source or nonpoint
 1325  source nutrient pollution or if the department determines
 1326  remediation is necessary to achieve the total maximum daily
 1327  load, a basin management action plan for a nutrient total
 1328  maximum daily load must include the following:
 1329         a. A wastewater treatment plan developed by each local
 1330  government, in cooperation with the department, the water
 1331  management district, and the public and private domestic
 1332  wastewater treatment facilities within the jurisdiction of the
 1333  local government, that addresses domestic wastewater. The
 1334  wastewater treatment plan must:
 1335         (I) Provide for construction, expansion, or upgrades
 1336  necessary to achieve the total maximum daily load requirements
 1337  applicable to the domestic wastewater treatment facility.
 1338         (II) Include the permitted capacity in average annual
 1339  gallons per day for the domestic wastewater treatment facility;
 1340  the average nutrient concentration and the estimated average
 1341  nutrient load of the domestic wastewater; a projected timeline
 1342  of the dates by which the construction of any facility
 1343  improvements will begin and be completed and the date by which
 1344  operations of the improved facility will begin; the estimated
 1345  cost of the improvements; and the identity of responsible
 1346  parties.
 1347  
 1348  The wastewater treatment plan must be adopted as part of the
 1349  basin management action plan no later than July 1, 2025. A local
 1350  government that does not have a domestic wastewater treatment
 1351  facility in its jurisdiction is not required to develop a
 1352  wastewater treatment plan unless there is a demonstrated need to
 1353  establish a domestic wastewater treatment facility within its
 1354  jurisdiction to improve water quality necessary to achieve a
 1355  total maximum daily load. A local government is not responsible
 1356  for a private domestic wastewater facility’s compliance with a
 1357  basin management action plan unless such facility is operated
 1358  through a public-private partnership to which the local
 1359  government is a party.
 1360         b. An onsite sewage treatment and disposal system
 1361  remediation plan developed by each local government in
 1362  cooperation with the department, the Department of Health, water
 1363  management districts, and public and private domestic wastewater
 1364  treatment facilities.
 1365         (I) The onsite sewage treatment and disposal system
 1366  remediation plan must identify cost-effective and financially
 1367  feasible projects necessary to achieve the nutrient load
 1368  reductions required for onsite sewage treatment and disposal
 1369  systems. To identify cost-effective and financially feasible
 1370  projects for remediation of onsite sewage treatment and disposal
 1371  systems, the local government shall:
 1372         (A) Include an inventory of onsite sewage treatment and
 1373  disposal systems based on the best information available;
 1374         (B) Identify onsite sewage treatment and disposal systems
 1375  that would be eliminated through connection to existing or
 1376  future central domestic wastewater infrastructure in the
 1377  jurisdiction or domestic wastewater service area of the local
 1378  government, that would be replaced with or upgraded to enhanced
 1379  nutrient-reducing onsite sewage treatment and disposal systems,
 1380  or that would remain on conventional onsite sewage treatment and
 1381  disposal systems;
 1382         (C) Estimate the costs of potential onsite sewage treatment
 1383  and disposal system connections, upgrades, or replacements; and
 1384         (D) Identify deadlines and interim milestones for the
 1385  planning, design, and construction of projects.
 1386         (II) The department shall adopt the onsite sewage treatment
 1387  and disposal system remediation plan as part of the basin
 1388  management action plan no later than July 1, 2025, or as
 1389  required for Outstanding Florida Springs under s. 373.807.
 1390         10. The installation of new onsite sewage treatment and
 1391  disposal systems constructed within a basin management action
 1392  plan area adopted under this section, a reasonable assurance
 1393  plan, or a pollution reduction plan is prohibited where
 1394  connection to a publicly owned or investor-owned sewerage system
 1395  is available as defined in s. 381.0065(2)(a). On lots of 1 acre
 1396  or less within a basin management action plan adopted under this
 1397  section, a reasonable assurance plan, or a pollution reduction
 1398  plan where a publicly owned or investor-owned sewerage system is
 1399  not available, the installation of enhanced nutrient-reducing
 1400  onsite sewage treatment and disposal systems or other wastewater
 1401  treatment systems that achieve at least 65 percent nitrogen
 1402  reduction is required.
 1403         11.10. When identifying wastewater projects in a basin
 1404  management action plan, the department may not require the
 1405  higher cost option if it achieves the same nutrient load
 1406  reduction as a lower cost option. A regulated entity may choose
 1407  a different cost option if it complies with the pollutant
 1408  reduction requirements of an adopted total maximum daily load
 1409  and meets or exceeds the pollution reduction requirement of the
 1410  original project.
 1411         12.Annually, local governments subject to a basin
 1412  management action plan or located within the basin of a
 1413  waterbody not attaining nutrient or nutrient-related standards
 1414  must provide to the department an update on the status of
 1415  construction of sanitary sewers to serve such areas, in a manner
 1416  prescribed by the department.
 1417         (e) Cooperative agricultural regional water quality
 1418  improvement element.—
 1419         1. The department and, the Department of Agriculture and
 1420  Consumer Services, in cooperation with and owners of
 1421  agricultural operations in the basin, shall develop a
 1422  cooperative agricultural regional water quality improvement
 1423  element as part of a basin management action plan where only if:
 1424         a. Agricultural measures have been adopted by the
 1425  Department of Agriculture and Consumer Services pursuant to
 1426  subparagraph (c)2. and have been implemented and the water body
 1427  remains impaired;
 1428         b. Agricultural nonpoint sources contribute to at least 20
 1429  percent of nonpoint source nutrient discharges; and
 1430         b.c. The department determines that additional measures, in
 1431  combination with state-sponsored regional projects and other
 1432  management strategies included in the basin management action
 1433  plan, are necessary to achieve the total maximum daily load.
 1434         2. The element will be implemented through the use of cost
 1435  effective and technically and financially practical cooperative
 1436  regional agricultural nutrient reduction cost-sharing projects
 1437  and. The element must include a list of such projects submitted
 1438  to the department by the Department of Agriculture and Consumer
 1439  Services which, in combination with the best management
 1440  practices, additional measures, and other management strategies,
 1441  will achieve the needed pollutant load reductions established
 1442  for agricultural nonpoint sources cost-effective and technically
 1443  and financially practical cooperative regional agricultural
 1444  nutrient reduction projects that can be implemented on private
 1445  properties on a site-specific, cooperative basis. Such
 1446  cooperative regional agricultural nutrient reduction projects
 1447  may include, but are not limited to, land acquisition in fee or
 1448  conservation easements on the lands of willing sellers and site
 1449  specific water quality improvement or dispersed water management
 1450  projects. The list of regional projects included in the
 1451  cooperative agricultural regional water quality improvement
 1452  element must include a planning-level cost estimate of each
 1453  project along with the estimated amount of nutrient reduction
 1454  that such project will achieve on the lands of project
 1455  participants.
 1456         3. To qualify for participation in the cooperative
 1457  agricultural regional water quality improvement element, the
 1458  participant must have already implemented and be in compliance
 1459  with best management practices or other measures adopted by the
 1460  Department of Agriculture and Consumer Services pursuant to
 1461  subparagraph (c)2. The element must may be included in the basin
 1462  management action plan as a part of the next 5-year assessment
 1463  under subparagraph (a)6.
 1464         4. The department or the Department of Agriculture and
 1465  Consumer Services may submit a legislative budget request to
 1466  fund projects developed pursuant to this paragraph. In
 1467  allocating funds for projects funded pursuant to this paragraph,
 1468  the department shall provide at least 20 percent of its annual
 1469  appropriation for projects in subbasins with the highest
 1470  nutrient concentrations within a basin management action plan.
 1471  Projects submitted pursuant to this paragraph are eligible for
 1472  funding in accordance with s. 403.0673.
 1473         Section 15. Section 403.0673, Florida Statutes, is amended
 1474  to read:
 1475         403.0673 Water quality improvement Wastewater grant
 1476  program.—A wastewater grant program is established within the
 1477  Department of Environmental Protection to address wastewater,
 1478  stormwater, and agricultural sources of nutrient loading to
 1479  surface water or groundwater.
 1480         (1) The purpose of the grant program is to fund projects
 1481  that will improve the quality of waters that:
 1482         (a)Are not attaining nutrient or nutrient-related
 1483  standards;
 1484         (b)Have an established total maximum daily load; or
 1485         (c)Are located Subject to the appropriation of funds by
 1486  the Legislature, the department may provide grants for the
 1487  following projects within a basin management action plan area, a
 1488  reasonable assurance plan area an alternative restoration plan
 1489  adopted by final order, an accepted alternative restoration plan
 1490  area, or a rural area of opportunity under s. 288.0656.
 1491         (2) The department may provide grants for all of the
 1492  following types of projects that reduce the amount of nutrients
 1493  entering a waterbody identified in subsection (1):
 1494         (a)Connecting onsite sewage treatment and disposal systems
 1495  to central sewer facilities.
 1496         (b)Upgrading domestic wastewater treatment facilities to
 1497  advanced waste treatment or greater.
 1498         (c)Repairing, upgrading, expanding, or constructing
 1499  stormwater treatment facilities that result in improvements to
 1500  surface water or groundwater quality.
 1501         (d)Repairing, upgrading, expanding, or constructing
 1502  domestic wastewater treatment facilities that result in
 1503  improvements to surface water or groundwater quality, including
 1504  domestic wastewater reuse and collection systems.
 1505         (e)Projects identified pursuant to s. 403.067(7)(a) or
 1506  (7)(e).
 1507         (f)Projects identified in a wastewater treatment plan or
 1508  an onsite sewage treatment and disposal system remediation plan
 1509  developed pursuant to s. 403.067(7)(a)9.a. and b.
 1510         (g)Projects listed in a city or county capital improvement
 1511  element pursuant to s. 163.3177(3)(a)4.b.
 1512         (h)Retrofitting onsite sewage treatment and disposal
 1513  systems to upgrade such systems to enhanced nutrient-reducing
 1514  onsite sewage treatment and disposal systems where central
 1515  sewerage is unavailable which will individually or collectively
 1516  reduce excess nutrient pollution:
 1517         (a) Projects to retrofit onsite sewage treatment and
 1518  disposal systems to upgrade such systems to enhanced nutrient
 1519  reducing onsite sewage treatment and disposal systems.
 1520         (b) Projects to construct, upgrade, or expand facilities to
 1521  provide advanced waste treatment, as defined in s. 403.086(4).
 1522         (c) Projects to connect onsite sewage treatment and
 1523  disposal systems to central sewer facilities.
 1524         (3)(2)In allocating such funds, priority must be given to
 1525  projects that subsidize the connection of onsite sewage
 1526  treatment and disposal systems to wastewater treatment
 1527  facilities. First priority must be given to subsidize the
 1528  connection of onsite sewage treatment and disposal systems to
 1529  existing infrastructure. Second priority must be given to any
 1530  expansion of a collection or transmission system that promotes
 1531  efficiency by planning the installation of wastewater
 1532  transmission facilities to be constructed concurrently with
 1533  other construction projects occurring within or along a
 1534  transportation facility right-of-way. Third priority must be
 1535  given to all other connections of onsite sewage treatment and
 1536  disposal systems to wastewater treatment facilities. The
 1537  department shall consider and prioritize those projects that:
 1538         (a)Have the maximum estimated reduction in nutrient load
 1539  per project;
 1540         (b)Demonstrate project readiness;
 1541         (c)Are cost-effective;
 1542         (d)Have a cost share identified by the applicant, except
 1543  for rural areas of opportunity;
 1544         (e)Have previous state commitment and involvement in the
 1545  project, considering previously funded phases, the total amount
 1546  of previous state funding, and previous partial appropriations
 1547  for the proposed project; or
 1548         (f)Are in a the cost-effectiveness of the project; the
 1549  overall environmental benefit of a project; the location where
 1550  reductions are needed most to attain the water quality standards
 1551  of a waterbody not attaining nutrient or nutrient-related
 1552  standards.
 1553  
 1554  Any project that does not result in reducing nutrient loading to
 1555  a waterbody identified in subsection (1) is not eligible for
 1556  funding under this section of a project; the availability of
 1557  local matching funds; and projected water savings or quantity
 1558  improvements associated with a project.
 1559         (3)Each grant for a project described in subsection (1)
 1560  must require a minimum of a 50-percent local match of funds.
 1561  However, the department may, at its discretion, waive, in whole
 1562  or in part, this consideration of the local contribution for
 1563  proposed projects within an area designated as a rural area of
 1564  opportunity under s. 288.0656.
 1565         (4) The department shall coordinate annually with each
 1566  water management district, as necessary, to identify potential
 1567  projects grant recipients in each district.
 1568         (5) The department shall coordinate with the Department of
 1569  Agriculture and Consumer Services, local governments, and
 1570  stakeholders to identify the most effective and beneficial water
 1571  quality improvement projects.
 1572         (6) Beginning January 15, 2024 1, 2021, and each January 15
 1573  1 thereafter, the department shall submit a report regarding the
 1574  projects funded pursuant to this section to the Governor, the
 1575  President of the Senate, and the Speaker of the House of
 1576  Representatives. The report must include a list of those
 1577  projects receiving funding and the following information for
 1578  each project:
 1579         (a)A description of the project;
 1580         (b)The cost of the project;
 1581         (c)The estimated nutrient load reduction of the project;
 1582         (d)The location of the project;
 1583         (e)The waterbody or waterbodies where the project will
 1584  reduce nutrients; and
 1585         (f)The total cost share being provided for the project.
 1586  
 1587  ================= T I T L E  A M E N D M E N T ================
 1588  And the title is amended as follows:
 1589         Delete lines 2 - 61
 1590  and insert:
 1591         An act relating to environmental protection; creating
 1592         s. 120.5436, F.S.; providing legislative intent;
 1593         requiring the Department of Environmental Protection
 1594         and water management districts to conduct a holistic
 1595         review of certain permitting processes and programs;
 1596         requiring the department to consult with the
 1597         Department of Transportation in conducting its review;
 1598         providing the scope and purpose of the review;
 1599         providing the factors the department and water
 1600         management districts must consider when conducting the
 1601         review; requiring the department and water management
 1602         districts to submit a specified report to the Governor
 1603         and Legislature by a specified date; amending s.
 1604         163.3177, F.S.; revising the required components of a
 1605         local government comprehensive plan capital
 1606         improvements element and general sanitary sewer, solid
 1607         waste, drainage, potable water, and natural
 1608         groundwater aquifer recharge element; making technical
 1609         changes; requiring the update of comprehensive plans
 1610         by a specified date; providing applicability; amending
 1611         s. 253.025, F.S.; revising the real property purchase
 1612         agreements that must be submitted to and approved by
 1613         the Board of Trustees of the Internal Improvement
 1614         Trust Fund; increasing the estimated threshold that a
 1615         parcel to be acquired must meet before additional
 1616         appraisals are required; providing requirements for
 1617         the assessment of property values; amending s.
 1618         259.032, F.S.; authorizing the board to acquire
 1619         interests in lands that complete certain linkages
 1620         within the Florida wildlife corridor; conforming a
 1621         provision to changes made by the act; making technical
 1622         changes; creating s. 373.469, F.S.; providing
 1623         legislative findings and intent; defining terms;
 1624         providing the components of the Indian River Lagoon
 1625         Protection Program; requiring the Department of
 1626         Environmental Protection to evaluate and update the
 1627         basin management action plans within the program at
 1628         specified intervals; requiring the department, in
 1629         coordination with specified entities, to identify and
 1630         prioritize strategies and projects to achieve certain
 1631         water quality standards and total maximum daily loads;
 1632         requiring the department, in coordination with
 1633         specified entities, to implement the Indian River
 1634         Lagoon Watershed Research and Water Quality Monitoring
 1635         Program for specified purposes; prohibiting the
 1636         installation of new onsite sewage treatment and
 1637         disposal systems beginning on a specified date under
 1638         certain circumstances; requiring that commercial or
 1639         residential properties with existing onsite sewage
 1640         treatment and disposal systems be connected to central
 1641         sewer or be upgraded to a certain system by a
 1642         specified date; providing construction; authorizing
 1643         the department and the governing boards of the St.
 1644         Johns River Water Management District and the South
 1645         Florida Water Management District to adopt rules;
 1646         amending s. 373.501, F.S.; requiring, rather than
 1647         authorizing, the department to transfer appropriated
 1648         funds to the water management districts for specified
 1649         purposes; requiring the districts to annually report
 1650         to the department on the use of such funds; amending
 1651         s. 373.802, F.S.; defining the term “enhanced
 1652         nutrient-reducing onsite sewage treatment and disposal
 1653         system”; amending s. 373.807, F.S.; conforming a
 1654         cross-reference; revising requirements for onsite
 1655         sewage treatment and disposal system remediation plans
 1656         for springs; amending s. 373.811, F.S.; prohibiting
 1657         new onsite sewage treatment and disposal systems
 1658         within basin management action plans in effect for
 1659         Outstanding Florida Springs under certain
 1660         circumstances; authorizing the installation of
 1661         enhanced or alternative systems for certain lots;
 1662         amending s. 381.0065, F.S.; defining the term
 1663         “enhanced nutrient-reducing onsite sewage treatment
 1664         and disposal system”; amending s. 381.00652, F.S.;
 1665         requiring the onsite sewage treatment and disposal
 1666         systems technical advisory committee to submit annual
 1667         recommendations to the Governor and the Legislature;
 1668         removing the scheduled expiration of the committee;
 1669         amending s. 381.00655, F.S.;