Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. CS for SB 1632
Ì608352$Î608352
LEGISLATIVE ACTION
Senate . House
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The Appropriations Committee on Agriculture, Environment, and
General Government (Brodeur) recommended the following:
1 Senate Amendment
2
3 Delete lines 574 - 1603
4 and insert:
5 The department, in coordination with the Department of
6 Agriculture and Consumer Services, the St. Johns River Water
7 Management District, South Florida Water Management District,
8 local governments, the Indian River Lagoon National Estuary
9 Program, and other stakeholders, shall identify and prioritize
10 strategies and projects necessary to achieve water quality
11 standards within the Indian River Lagoon watershed and meet the
12 total maximum daily loads. Projects identified from this
13 evaluation must be incorporated into the Banana River Lagoon
14 Basin Management Action Plan, Central Indian River Lagoon Basin
15 Management Action Plan, North Indian River Lagoon Basin
16 Management Action Plan, and Mosquito Lagoon Reasonable Assurance
17 Plan, as appropriate.
18 (c) Indian River Lagoon Watershed Research and Water
19 Quality Monitoring Program.—The department, in coordination with
20 the St. Johns River Water Management District, the South Florida
21 Water Management District, and the Indian River Lagoon National
22 Estuary Program, shall implement the Indian River Lagoon
23 Watershed Research and Water Quality Monitoring Program to
24 establish a comprehensive water quality monitoring network
25 throughout the Indian River Lagoon and fund research pertaining
26 to water quality, ecosystem restoration, and seagrass impacts
27 and restoration. The department shall, in coordination with the
28 Department of Agriculture and Consumer Services, use the results
29 from the program to prioritize projects and to make
30 modifications to the Banana River Lagoon Basin Management Action
31 Plan, Central Indian River Lagoon Basin Management Action Plan,
32 North Indian River Lagoon Basin Management Action Plan, and
33 Mosquito Lagoon Reasonable Assurance Plan, as appropriate.
34 (d) Onsite sewage treatment and disposal systems.—
35 1. Beginning on January 1, 2024, unless previously
36 permitted, the installation of new onsite sewage treatment and
37 disposal systems is prohibited within the Banana River Lagoon
38 Basin Management Action Plan, Central Indian River Lagoon Basin
39 Management Action Plan, North Indian River Lagoon Basin
40 Management Action Plan, and Mosquito Lagoon Reasonable Assurance
41 Plan areas where a publicly owned or investor-owned sewerage
42 system is available as defined in s. 381.0065(2)(a). Where
43 central sewerage is not available, only enhanced nutrient
44 reducing onsite sewage treatment and disposal systems or other
45 wastewater treatment systems that achieve at least 50 percent
46 nutrient reduction compared to a standard onsite sewage
47 treatment and disposal system are authorized.
48 2. By July 1, 2030, any commercial or residential property
49 with an existing onsite sewage treatment and disposal system
50 located within the Banana River Lagoon Basin Management Action
51 Plan, Central Indian River Lagoon Basin Management Action Plan,
52 North Indian River Lagoon Basin Management Action Plan, and
53 Mosquito Lagoon Reasonable Assurance Plan areas must connect to
54 central sewer if available or upgrade to an enhanced nutrient
55 reducing onsite sewage treatment and disposal system or other
56 wastewater treatment system that achieves at least 50 percent
57 nutrient reduction compared to a standard onsite sewage
58 treatment and disposal system.
59 (4) RELATIONSHIP TO STATE WATER QUALITY STANDARDS.—This
60 section may not be construed to modify any existing state water
61 quality standard or to modify s. 403.067(6) and (7)(a).
62 (5) PRESERVATION OF AUTHORITY.—This section may not be
63 construed to restrict the authority otherwise granted to
64 agencies pursuant to this chapter and chapter 403, and this
65 section is supplemental to the authority granted to agencies
66 pursuant to this chapter and chapter 403.
67 (6) RULES.—The department and governing boards of the St.
68 Johns River Water Management District and South Florida Water
69 Management District may adopt rules pursuant to ss. 120.536(1)
70 and 120.54 to implement this section.
71 Section 5. Subsection (1) of section 373.501, Florida
72 Statutes, is amended to read:
73 373.501 Appropriation of funds to water management
74 districts.—
75 (1) The department shall transfer may allocate to the water
76 management districts, from funds appropriated to the districts
77 through the department in, such sums as may be deemed necessary
78 to defray the costs of the administrative, regulatory, and other
79 operational activities of the districts. The governing boards
80 shall submit annual budget requests for such purposes to the
81 department, and the department shall consider such budgets in
82 preparing its budget request for the Legislature. The districts
83 shall annually report to the department on the use of the funds.
84 Section 6. Present subsections (2) through (8) of section
85 373.802, Florida Statutes, are redesignated as subsections (3)
86 through (9), respectively, and a new subsection (2) is added to
87 that section, to read:
88 373.802 Definitions.—As used in this part, the term:
89 (2) “Enhanced nutrient-reducing onsite sewage treatment and
90 disposal system” means an onsite sewage treatment and disposal
91 system approved by the department as capable of meeting or
92 exceeding a 50 percent total nitrogen reduction before disposal
93 of wastewater in the drainfield, or at least 65 percent total
94 nitrogen reduction combined from onsite sewage tank or tanks and
95 drainfield.
96 Section 7. Subsections (2) and (3) of section 373.807,
97 Florida Statutes, are amended to read:
98 373.807 Protection of water quality in Outstanding Florida
99 Springs.—By July 1, 2016, the department shall initiate
100 assessment, pursuant to s. 403.067(3), of Outstanding Florida
101 Springs or spring systems for which an impairment determination
102 has not been made under the numeric nutrient standards in effect
103 for spring vents. Assessments must be completed by July 1, 2018.
104 (2) By July 1, 2017, each local government, as defined in
105 s. 373.802(3) s. 373.802(2), that has not adopted an ordinance
106 pursuant to s. 403.9337, shall develop, enact, and implement an
107 ordinance pursuant to that section. It is the intent of the
108 Legislature that ordinances required to be adopted under this
109 subsection reflect the latest scientific information,
110 advancements, and technological improvements in the industry.
111 (3) As part of a basin management action plan that includes
112 an Outstanding Florida Spring, the department, relevant local
113 governments, and relevant local public and private wastewater
114 utilities shall develop an onsite sewage treatment and disposal
115 system remediation plan for a spring if the department
116 determines onsite sewage treatment and disposal systems within a
117 basin management action plan priority focus area contribute at
118 least 20 percent of nonpoint source nitrogen pollution or if the
119 department determines remediation is necessary to achieve the
120 total maximum daily load. The plan must shall identify cost
121 effective and financially feasible projects necessary to reduce
122 the nutrient impacts from onsite sewage treatment and disposal
123 systems and shall be completed and adopted as part of the basin
124 management action plan no later than the first 5-year milestone
125 required by subparagraph (1)(b)8. The department is the lead
126 agency in coordinating the preparation of and the adoption of
127 the plan. The department shall:
128 (a) Collect and evaluate credible scientific information on
129 the effect of nutrients, particularly forms of nitrogen, on
130 springs and springs systems; and
131 (b) Develop a public education plan to provide area
132 residents with reliable, understandable information about onsite
133 sewage treatment and disposal systems and springs.
134
135 In addition to the requirements in s. 403.067, the plan must
136 shall include options for repair, upgrade, replacement,
137 drainfield modification, addition of effective nitrogen reducing
138 features, connection to a central sewerage system, or other
139 action for an onsite sewage treatment and disposal system or
140 group of systems within a basin management action plan priority
141 focus area that contribute at least 20 percent of nonpoint
142 source nitrogen pollution or if the department determines
143 remediation is necessary to achieve a total maximum daily load.
144 For these systems, the department shall include in the plan a
145 priority ranking for each system or group of systems that
146 requires remediation and shall award funds to implement the
147 remediation projects contingent on an appropriation in the
148 General Appropriations Act, which may include all or part of the
149 costs necessary for repair, upgrade, replacement, drainfield
150 modification, addition of effective nitrogen reducing features,
151 initial connection to a central sewerage system, or other
152 action. In awarding funds, the department may consider expected
153 nutrient reduction benefit per unit cost, size and scope of
154 project, relative local financial contribution to the project,
155 and the financial impact on property owners and the community.
156 The department may waive matching funding requirements for
157 proposed projects within an area designated as a rural area of
158 opportunity under s. 288.0656.
159 Section 8. Section 373.811, Florida Statutes, is amended to
160 read:
161 373.811 Prohibited activities within a basin management
162 action plan priority focus area.—The following activities are
163 prohibited within a basin management action plan priority focus
164 area in effect for an Outstanding Florida Spring:
165 (1) New domestic wastewater disposal facilities, including
166 rapid infiltration basins, with permitted capacities of 100,000
167 gallons per day or more, except for those facilities that meet
168 an advanced wastewater treatment standard of no more than 3 mg/l
169 total nitrogen, expressed as N, on an annual permitted basis, or
170 a more stringent treatment standard if the department determines
171 the more stringent standard is necessary to attain a total
172 maximum daily load for the Outstanding Florida Spring.
173 (2) New onsite sewage treatment and disposal systems where
174 connection to a publicly owned or investor-owned sewerage system
175 is available as defined in s. 381.0065(2)(a). On lots of 1 acre
176 or less, if a publicly owned or investor-owned sewerage system
177 is not available, only the installation of enhanced nutrient
178 reducing onsite sewage treatment and disposal systems or other
179 wastewater treatment systems that achieve at least 50 percent
180 nutrient reduction compared to a standard onsite sewage
181 treatment and disposal system are authorized on lots of less
182 than 1 acre, if the addition of the specific systems conflicts
183 with an onsite treatment and disposal system remediation plan
184 incorporated into a basin management action plan in accordance
185 with s. 373.807(3).
186 (3) New facilities for the disposal of hazardous waste.
187 (4) The land application of Class A or Class B domestic
188 wastewater biosolids not in accordance with a department
189 approved nutrient management plan establishing the rate at which
190 all biosolids, soil amendments, and sources of nutrients at the
191 land application site can be applied to the land for crop
192 production while minimizing the amount of pollutants and
193 nutrients discharged to groundwater or waters of the state.
194 (5) New agriculture operations that do not implement best
195 management practices, measures necessary to achieve pollution
196 reduction levels established by the department, or groundwater
197 monitoring plans approved by a water management district or the
198 department.
199 Section 9. Present paragraphs (f) through (r) of subsection
200 (2) of section 381.0065, Florida Statutes, are redesignated as
201 paragraphs (g) through (s), respectively, a new paragraph (f) is
202 added to that subsection, and paragraph (n) of subsection (4) of
203 that section is amended, to read:
204 381.0065 Onsite sewage treatment and disposal systems;
205 regulation.—
206 (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
207 term:
208 (f) “Enhanced nutrient-reducing onsite sewage treatment and
209 disposal system” means an onsite sewage treatment and disposal
210 system approved by the department as capable of meeting or
211 exceeding a 50 percent total nitrogen reduction before disposal
212 of wastewater in the drainfield, or at least 65 percent total
213 nitrogen reduction combined from onsite sewage tank or tanks and
214 drainfield.
215 (4) PERMITS; INSTALLATION; CONDITIONS.—A person may not
216 construct, repair, modify, abandon, or operate an onsite sewage
217 treatment and disposal system without first obtaining a permit
218 approved by the department. The department may issue permits to
219 carry out this section, except that the issuance of a permit for
220 work seaward of the coastal construction control line
221 established under s. 161.053 shall be contingent upon receipt of
222 any required coastal construction control line permit from the
223 department. A construction permit is valid for 18 months after
224 the date of issuance and may be extended by the department for
225 one 90-day period under rules adopted by the department. A
226 repair permit is valid for 90 days after the date of issuance.
227 An operating permit must be obtained before the use of any
228 aerobic treatment unit or if the establishment generates
229 commercial waste. Buildings or establishments that use an
230 aerobic treatment unit or generate commercial waste shall be
231 inspected by the department at least annually to assure
232 compliance with the terms of the operating permit. The operating
233 permit for a commercial wastewater system is valid for 1 year
234 after the date of issuance and must be renewed annually. The
235 operating permit for an aerobic treatment unit is valid for 2
236 years after the date of issuance and must be renewed every 2
237 years. If all information pertaining to the siting, location,
238 and installation conditions or repair of an onsite sewage
239 treatment and disposal system remains the same, a construction
240 or repair permit for the onsite sewage treatment and disposal
241 system may be transferred to another person, if the transferee
242 files, within 60 days after the transfer of ownership, an
243 amended application providing all corrected information and
244 proof of ownership of the property. A fee is not associated with
245 the processing of this supplemental information. A person may
246 not contract to construct, modify, alter, repair, service,
247 abandon, or maintain any portion of an onsite sewage treatment
248 and disposal system without being registered under part III of
249 chapter 489. A property owner who personally performs
250 construction, maintenance, or repairs to a system serving his or
251 her own owner-occupied single-family residence is exempt from
252 registration requirements for performing such construction,
253 maintenance, or repairs on that residence, but is subject to all
254 permitting requirements. A municipality or political subdivision
255 of the state may not issue a building or plumbing permit for any
256 building that requires the use of an onsite sewage treatment and
257 disposal system unless the owner or builder has received a
258 construction permit for such system from the department. A
259 building or structure may not be occupied and a municipality,
260 political subdivision, or any state or federal agency may not
261 authorize occupancy until the department approves the final
262 installation of the onsite sewage treatment and disposal system.
263 A municipality or political subdivision of the state may not
264 approve any change in occupancy or tenancy of a building that
265 uses an onsite sewage treatment and disposal system until the
266 department has reviewed the use of the system with the proposed
267 change, approved the change, and amended the operating permit.
268 (n) Evaluations for determining the seasonal high-water
269 table elevations or the suitability of soils for the use of a
270 new onsite sewage treatment and disposal system shall be
271 performed by department personnel, professional engineers
272 registered in the state, or such other persons with expertise,
273 as defined by rule, in making such evaluations. Evaluations for
274 determining mean annual flood lines shall be performed by those
275 persons identified in paragraph (2)(l) (2)(k). The department
276 shall accept evaluations submitted by professional engineers and
277 such other persons as meet the expertise established by this
278 section or by rule unless the department has a reasonable
279 scientific basis for questioning the accuracy or completeness of
280 the evaluation.
281 Section 10. Subsection (3) is added to section 381.00655,
282 Florida Statutes, to read:
283 381.00655 Connection of existing onsite sewage treatment
284 and disposal systems to central sewerage system; requirements.—
285 (3) Local governmental agencies, as defined in s.
286 403.1835(2), that receive grants or loans from the department to
287 offset the cost of connecting onsite sewage treatment and
288 disposal systems to publicly owned or investor-owned sewerage
289 systems are encouraged to do all of the following while such
290 funds remain available:
291 (a) Identify the owners of onsite sewage treatment and
292 disposal systems within the jurisdiction of the respective local
293 governmental agency who are eligible to apply for the grant or
294 loan funds and notify such owners of the funding availability.
295 (b) Maintain a publicly available website with information
296 relating to the availability of the grant or loan funds,
297 including the amount of funds available and information on how
298 the owner of an onsite sewage treatment and disposal system may
299 apply for such funds.
300 Section 11. Section 403.031, Florida Statutes, is reordered
301 and amended to read:
302 403.031 Definitions.—In construing this chapter, or rules
303 and regulations adopted pursuant hereto, the following words,
304 phrases, or terms, unless the context otherwise indicates, have
305 the following meanings:
306 (1) “Contaminant” is any substance which is harmful to
307 plant, animal, or human life.
308 (2) “Department” means the Department of Environmental
309 Protection.
310 (3) “Effluent limitations” means any restriction
311 established by the department on quantities, rates, or
312 concentrations of chemical, physical, biological, or other
313 constituents which are discharged from sources into waters of
314 the state.
315 (5) “Enhanced nutrient-reducing onsite sewage treatment and
316 disposal system” means an onsite sewage treatment and disposal
317 system approved by the department as capable of meeting or
318 exceeding a 50 percent total nitrogen reduction before disposal
319 of wastewater in the drainfield, or at least 65 percent total
320 nitrogen reduction combined from onsite sewage tank or tanks and
321 drainfield.
322 (6)(4) “Installation” means is any structure, equipment, or
323 facility, or appurtenances thereto, or operation which may emit
324 air or water contaminants in quantities prohibited by rules of
325 the department.
326 (7) “Nutrient or nutrient-related standards” means water
327 quality standards and criteria established for total nitrogen
328 and total phosphorous, or their organic or inorganic forms;
329 biological variables, such as chlorophyll-a, biomass, or the
330 structure of the phytoplankton, periphyton, or vascular plant
331 community, that respond to nutrient load or concentration in a
332 predictable and measurable manner; or dissolved oxygen if it is
333 demonstrated for the waterbody that dissolved oxygen conditions
334 result in a biological imbalance and the dissolved oxygen
335 responds to a nutrient load or concentration in a predictable
336 and measurable manner.
337 (8) “Onsite sewage treatment and disposal system” means a
338 system that contains a standard subsurface, filled, or mound
339 drainfield system; an aerobic treatment unit; a graywater system
340 tank; a laundry wastewater system tank; a septic tank; a grease
341 interceptor; a pump tank; a solids or effluent pump; a
342 waterless, incinerating, or organic waste-composting toilet; or
343 a sanitary pit privy that is installed or proposed to be
344 installed beyond the building sewer on land of the owner or on
345 other land to which the owner has the legal right to install a
346 system. The term includes any item placed within, or intended to
347 be used as a part of or in conjunction with, the system. The
348 term does not include package sewage treatment facilities and
349 other treatment works regulated under chapter 403.
350 (9)(5) “Person” means the state or any agency or
351 institution thereof, the United States or any agency or
352 institution thereof, or any municipality, political subdivision,
353 public or private corporation, individual, partnership,
354 association, or other entity and includes any officer or
355 governing or managing body of the state, the United States, any
356 agency, any municipality, political subdivision, or public or
357 private corporation.
358 (10)(6) “Plant” is any unit operation, complex, area, or
359 multiple of unit operations that produce, process, or cause to
360 be processed any materials, the processing of which can, or may,
361 cause air or water pollution.
362 (11)(7) “Pollution” is the presence in the outdoor
363 atmosphere or waters of the state of any substances,
364 contaminants, noise, or manmade or human-induced impairment of
365 air or waters or alteration of the chemical, physical,
366 biological, or radiological integrity of air or water in
367 quantities or at levels which are or may be potentially harmful
368 or injurious to human health or welfare, animal or plant life,
369 or property or which unreasonably interfere with the enjoyment
370 of life or property, including outdoor recreation unless
371 authorized by applicable law.
372 (12)(8) “Pollution prevention” means the steps taken by a
373 potential generator of contamination or pollution to eliminate
374 or reduce the contamination or pollution before it is discharged
375 into the environment. The term includes nonmandatory steps taken
376 to use alternative forms of energy, conserve or reduce the use
377 of energy, substitute nontoxic materials for toxic materials,
378 conserve or reduce the use of toxic materials and raw materials,
379 reformulate products, modify manufacturing or other processes,
380 improve in-plant maintenance and operations, implement
381 environmental planning before expanding a facility, and recycle
382 toxic or other raw materials.
383 (14)(9) “Sewerage system” means pipelines or conduits,
384 pumping stations, and force mains and all other structures,
385 devices, appurtenances, and facilities used for collecting or
386 conducting wastes to an ultimate point for treatment or
387 disposal.
388 (15)(10) “Source” means is any and all points of origin of
389 a contaminant the item defined in subsection (1), whether
390 privately or publicly owned or operated.
391 (21)(11) “Treatment works” and “disposal systems” mean any
392 plant or other works used for the purpose of treating,
393 stabilizing, or holding wastes.
394 (22)(12) “Wastes” means sewage, industrial wastes, and all
395 other liquid, gaseous, solid, radioactive, or other substances
396 which may pollute or tend to pollute any waters of the state.
397 (23)(13) “Waters” include, but are not limited to, rivers,
398 lakes, streams, springs, impoundments, wetlands, and all other
399 waters or bodies of water, including fresh, brackish, saline,
400 tidal, surface, or underground waters. Waters owned entirely by
401 one person other than the state are included only in regard to
402 possible discharge on other property or water. Underground
403 waters include, but are not limited to, all underground waters
404 passing through pores of rock or soils or flowing through in
405 channels, whether manmade or natural. Solely for purposes of s.
406 403.0885, waters of the state also include navigable waters or
407 waters of the contiguous zone as used in s. 502 of the Clean
408 Water Act, as amended, 33 U.S.C. ss. 1251 et seq., as in
409 existence on January 1, 1993, except for those navigable waters
410 seaward of the boundaries of the state set forth in s. 1, Art.
411 II of the State Constitution. Solely for purposes of this
412 chapter, waters of the state also include the area bounded by
413 the following:
414 (a) Commence at the intersection of State Road (SRD) 5
415 (U.S. 1) and the county line dividing Miami-Dade and Monroe
416 Counties, said point also being the mean high-water line of
417 Florida Bay, located in section 4, township 60 south, range 39
418 east of the Tallahassee Meridian for the point of beginning.
419 From said point of beginning, thence run northwesterly along
420 said SRD 5 to an intersection with the north line of section 18,
421 township 58 south, range 39 east; thence run westerly to a point
422 marking the southeast corner of section 12, township 58 south,
423 range 37 east, said point also lying on the east boundary of the
424 Everglades National Park; thence run north along the east
425 boundary of the aforementioned Everglades National Park to a
426 point marking the northeast corner of section 1, township 58
427 south, range 37 east; thence run west along said park to a point
428 marking the northwest corner of said section 1; thence run
429 northerly along said park to a point marking the northwest
430 corner of section 24, township 57 south, range 37 east; thence
431 run westerly along the south lines of sections 14, 15, and 16 to
432 the southwest corner of section 16; thence leaving the
433 Everglades National Park boundary run northerly along the west
434 line of section 16 to the northwest corner of section 16; thence
435 east along the northerly line of section 16 to a point at the
436 intersection of the east one-half and west one-half of section
437 9; thence northerly along the line separating the east one-half
438 and the west one-half of sections 9, 4, 33, and 28; thence run
439 easterly along the north line of section 28 to the northeast
440 corner of section 28; thence run northerly along the west line
441 of section 22 to the northwest corner of section 22; thence
442 easterly along the north line of section 22 to a point at the
443 intersection of the east one-half and west one-half of section
444 15; thence run northerly along said line to the point of
445 intersection with the north line of section 15; thence easterly
446 along the north line of section 15 to the northeast corner of
447 section 15; thence run northerly along the west lines of
448 sections 11 and 2 to the northwest corner of section 2; thence
449 run easterly along the north lines of sections 2 and 1 to the
450 northeast corner of section 1, township 56 south, range 37 east;
451 thence run north along the east line of section 36, township 55
452 south, range 37 east to the northeast corner of section 36;
453 thence run west along the north line of section 36 to the
454 northwest corner of section 36; thence run north along the west
455 line of section 25 to the northwest corner of section 25; thence
456 run west along the north line of section 26 to the northwest
457 corner of section 26; thence run north along the west line of
458 section 23 to the northwest corner of section 23; thence run
459 easterly along the north line of section 23 to the northeast
460 corner of section 23; thence run north along the west line of
461 section 13 to the northwest corner of section 13; thence run
462 east along the north line of section 13 to a point of
463 intersection with the west line of the southeast one-quarter of
464 section 12; thence run north along the west line of the
465 southeast one-quarter of section 12 to the northwest corner of
466 the southeast one-quarter of section 12; thence run east along
467 the north line of the southeast one-quarter of section 12 to the
468 point of intersection with the east line of section 12; thence
469 run east along the south line of the northwest one-quarter of
470 section 7 to the southeast corner of the northwest one-quarter
471 of section 7; thence run north along the east line of the
472 northwest one-quarter of section 7 to the point of intersection
473 with the north line of section 7; thence run northerly along the
474 west line of the southeast one-quarter of section 6 to the
475 northwest corner of the southeast one-quarter of section 6;
476 thence run east along the north lines of the southeast one
477 quarter of section 6 and the southwest one-quarter of section 5
478 to the northeast corner of the southwest one-quarter of section
479 5; thence run northerly along the east line of the northwest
480 one-quarter of section 5 to the point of intersection with the
481 north line of section 5; thence run northerly along the line
482 dividing the east one-half and the west one-half of Lot 5 to a
483 point intersecting the north line of Lot 5; thence run east
484 along the north line of Lot 5 to the northeast corner of Lot 5,
485 township 54 1/2 south, range 38 east; thence run north along the
486 west line of section 33, township 54 south, range 38 east to a
487 point intersecting the northwest corner of the southwest one
488 quarter of section 33; thence run easterly along the north line
489 of the southwest one-quarter of section 33 to the northeast
490 corner of the southwest one-quarter of section 33; thence run
491 north along the west line of the northeast one-quarter of
492 section 33 to a point intersecting the north line of section 33;
493 thence run easterly along the north line of section 33 to the
494 northeast corner of section 33; thence run northerly along the
495 west line of section 27 to a point intersecting the northwest
496 corner of the southwest one-quarter of section 27; thence run
497 easterly to the northeast corner of the southwest one-quarter of
498 section 27; thence run northerly along the west line of the
499 northeast one-quarter of section 27 to a point intersecting the
500 north line of section 27; thence run west along the north line
501 of section 27 to the northwest corner of section 27; thence run
502 north along the west lines of sections 22 and 15 to the
503 northwest corner of section 15; thence run easterly along the
504 north lines of sections 15 and 14 to the point of intersection
505 with the L-31N Levee, said intersection located near the
506 southeast corner of section 11, township 54 south, range 38
507 east; thence run northerly along Levee L-31N crossing SRD 90
508 (U.S. 41 Tamiami Trail) to an intersection common to Levees L
509 31N, L-29, and L-30, said intersection located near the
510 southeast corner of section 2, township 54 south, range 38 east;
511 thence run northeasterly, northerly, and northeasterly along
512 Levee L-30 to a point of intersection with the Miami
513 Dade/Broward Levee, said intersection located near the northeast
514 corner of section 17, township 52 south, range 39 east; thence
515 run due east to a point of intersection with SRD 27 (Krome
516 Ave.); thence run northeasterly along SRD 27 to an intersection
517 with SRD 25 (U.S. 27), said intersection located in section 3,
518 township 52 south, range 39 east; thence run northerly along
519 said SRD 25, entering into Broward County, to an intersection
520 with SRD 84 at Andytown; thence run southeasterly along the
521 aforementioned SRD 84 to an intersection with the southwesterly
522 prolongation of Levee L-35A, said intersection being located in
523 the northeast one-quarter of section 5, township 50 south, range
524 40 east; thence run northeasterly along Levee L-35A to an
525 intersection of Levee L-36, said intersection located near the
526 southeast corner of section 12, township 49 south, range 40
527 east; thence run northerly along Levee L-36, entering into Palm
528 Beach County, to an intersection common to said Levees L-36, L
529 39, and L-40, said intersection located near the west quarter
530 corner of section 19, township 47 south, range 41 east; thence
531 run northeasterly, easterly, and northerly along Levee L-40,
532 said Levee L-40 being the easterly boundary of the Loxahatchee
533 National Wildlife Refuge, to an intersection with SRD 80 (U.S.
534 441), said intersection located near the southeast corner of
535 section 32, township 43 south, range 40 east; thence run
536 westerly along the aforementioned SRD 80 to a point marking the
537 intersection of said road and the northeasterly prolongation of
538 Levee L-7, said Levee L-7 being the westerly boundary of the
539 Loxahatchee National Wildlife Refuge; thence run southwesterly
540 and southerly along said Levee L-7 to an intersection common to
541 Levees L-7, L-15 (Hillsborough Canal), and L-6; thence run
542 southwesterly along Levee L-6 to an intersection common to Levee
543 L-6, SRD 25 (U.S. 27), and Levee L-5, said intersection being
544 located near the northwest corner of section 27, township 47
545 south, range 38 east; thence run westerly along the
546 aforementioned Levee L-5 to a point intersecting the east line
547 of range 36 east; thence run northerly along said range line to
548 a point marking the northeast corner of section 1, township 47
549 south, range 36 east; thence run westerly along the north line
550 of township 47 south, to an intersection with Levee L-23/24
551 (Miami Canal); thence run northwesterly along the Miami Canal
552 Levee to a point intersecting the north line of section 22,
553 township 46 south, range 35 east; thence run westerly to a point
554 marking the northwest corner of section 21, township 46 south,
555 range 35 east; thence run southerly to the southwest corner of
556 said section 21; thence run westerly to a point marking the
557 northwest corner of section 30, township 46 south, range 35
558 east, said point also being on the line dividing Palm Beach and
559 Hendry Counties; from said point, thence run southerly along
560 said county line to a point marking the intersection of Broward,
561 Hendry, and Collier Counties, said point also being the
562 northeast corner of section 1, township 49 south, range 34 east;
563 thence run westerly along the line dividing Hendry and Collier
564 Counties and continuing along the prolongation thereof to a
565 point marking the southwest corner of section 36, township 48
566 south, range 29 east; thence run southerly to a point marking
567 the southwest corner of section 12, township 49 south, range 29
568 east; thence run westerly to a point marking the southwest
569 corner of section 10, township 49 south, range 29 east; thence
570 run southerly to a point marking the southwest corner of section
571 15, township 49 south, range 29 east; thence run westerly to a
572 point marking the northwest corner of section 24, township 49
573 south, range 28 east, said point lying on the west boundary of
574 the Big Cypress Area of Critical State Concern as described in
575 rule 28-25.001, Florida Administrative Code; thence run
576 southerly along said boundary crossing SRD 84 (Alligator Alley)
577 to a point marking the southwest corner of section 24, township
578 50 south, range 28 east; thence leaving the aforementioned west
579 boundary of the Big Cypress Area of Critical State Concern run
580 easterly to a point marking the northeast corner of section 25,
581 township 50 south, range 28 east; thence run southerly along the
582 east line of range 28 east to a point lying approximately 0.15
583 miles south of the northeast corner of section 1, township 52
584 south, range 28 east; thence run southwesterly 2.4 miles more or
585 less to an intersection with SRD 90 (U.S. 41 Tamiami Trail),
586 said intersection lying 1.1 miles more or less west of the east
587 line of range 28 east; thence run northwesterly and westerly
588 along SRD 90 to an intersection with the west line of section
589 10, township 52 south, range 28 east; thence leaving SRD 90 run
590 southerly to a point marking the southwest corner of section 15,
591 township 52 south, range 28 east; thence run westerly crossing
592 the Faka Union Canal 0.6 miles more or less to a point; thence
593 run southerly and parallel to the Faka Union Canal to a point
594 located on the mean high-water line of Faka Union Bay; thence
595 run southeasterly along the mean high-water line of the various
596 bays, rivers, inlets, and streams to the point of beginning.
597 (b) The area bounded by the line described in paragraph (a)
598 generally includes those waters to be known as waters of the
599 state. The landward extent of these waters shall be determined
600 by the delineation methodology ratified in s. 373.4211. Any
601 waters which are outside the general boundary line described in
602 paragraph (a) but which are contiguous thereto by virtue of the
603 presence of a wetland, watercourse, or other surface water, as
604 determined by the delineation methodology ratified in s.
605 373.4211, shall be a part of this waterbody water body. Any
606 areas within the line described in paragraph (a) which are
607 neither a wetland nor surface water, as determined by the
608 delineation methodology ratified in s. 373.4211, shall be
609 excluded therefrom. If the Florida Environmental Regulation
610 Commission designates the waters within the boundaries an
611 Outstanding Florida Water, waters outside the boundaries may
612 shall not be included as part of such designation unless a
613 hearing is held pursuant to notice in each appropriate county
614 and the boundaries of such lands are specifically considered and
615 described for such designation.
616 (16)(14) “State water resource implementation rule” means
617 the rule authorized by s. 373.036, which sets forth goals,
618 objectives, and guidance for the development and review of
619 programs, rules, and plans relating to water resources, based on
620 statutory policies and directives. The waters of the state are
621 among its most basic resources. Such waters should be managed to
622 conserve and protect water resources and to realize the full
623 beneficial use of these resources.
624 (17)(15) “Stormwater management program” means the
625 institutional strategy for stormwater management, including
626 urban, agricultural, and other stormwater.
627 (18)(16) “Stormwater management system” means a system
628 which is designed and constructed or implemented to control
629 discharges that which are necessitated by rainfall events,
630 incorporating methods to collect, convey, store, absorb,
631 inhibit, treat, use, or reuse water to prevent or reduce
632 flooding, overdrainage, environmental degradation and water
633 pollution or otherwise affect the quantity and quality of
634 discharges from the system.
635 (19)(17) “Stormwater utility” means the funding of a
636 stormwater management program by assessing the cost of the
637 program to the beneficiaries based on their relative
638 contribution to its need. It is operated as a typical utility
639 which bills services regularly, similar to water and wastewater
640 services.
641 (24)(18) “Watershed” means the land area that which
642 contributes to the flow of water into a receiving body of water.
643 (13)(19) “Regulated air pollutant” means any pollutant
644 regulated under the federal Clean Air Act.
645 (4)(20) “Electrical power plant” means, for purposes of
646 this part of this chapter, any electrical generating facility
647 that uses any process or fuel and that is owned or operated by
648 an electric utility, as defined in s. 403.503(14), and includes
649 any associated facility that directly supports the operation of
650 the electrical power plant.
651 (20)(21) “Total maximum daily load” is defined as the sum
652 of the individual wasteload allocations for point sources and
653 the load allocations for nonpoint sources and natural
654 background. Prior to determining individual wasteload
655 allocations and load allocations, the maximum amount of a
656 pollutant that a waterbody water body or water segment can
657 assimilate from all sources without exceeding water quality
658 standards must first be calculated.
659 Section 12. Paragraphs (a) and (e) of subsection (7) of
660 section 403.067, Florida Statutes, are amended to read:
661 403.067 Establishment and implementation of total maximum
662 daily loads.—
663 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
664 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
665 (a) Basin management action plans.—
666 1. In developing and implementing the total maximum daily
667 load for a waterbody water body, the department, or the
668 department in conjunction with a water management district, may
669 develop a basin management action plan that addresses some or
670 all of the watersheds and basins tributary to the waterbody
671 water body. Such plan must integrate the appropriate management
672 strategies available to the state through existing water quality
673 protection programs to achieve the total maximum daily loads and
674 may provide for phased implementation of these management
675 strategies to promote timely, cost-effective actions as provided
676 for in s. 403.151. The plan must establish a schedule
677 implementing the management strategies, establish a basis for
678 evaluating the plan’s effectiveness, and identify feasible
679 funding strategies for implementing the plan’s management
680 strategies. The management strategies may include regional
681 treatment systems or other public works, when appropriate, and
682 voluntary trading of water quality credits to achieve the needed
683 pollutant load reductions.
684 2. A basin management action plan must equitably allocate,
685 pursuant to paragraph (6)(b), pollutant reductions to individual
686 basins, as a whole to all basins, or to each identified point
687 source or category of nonpoint sources, as appropriate. For
688 nonpoint sources for which best management practices have been
689 adopted, the initial requirement specified by the plan must be
690 those practices developed pursuant to paragraph (c). When
691 appropriate, the plan may take into account the benefits of
692 pollutant load reduction achieved by point or nonpoint sources
693 that have implemented management strategies to reduce pollutant
694 loads, including best management practices, before the
695 development of the basin management action plan. The plan must
696 also identify the mechanisms that will address potential future
697 increases in pollutant loading.
698 3. The basin management action planning process is intended
699 to involve the broadest possible range of interested parties,
700 with the objective of encouraging the greatest amount of
701 cooperation and consensus possible. In developing a basin
702 management action plan, the department shall assure that key
703 stakeholders, including, but not limited to, applicable local
704 governments, water management districts, the Department of
705 Agriculture and Consumer Services, other appropriate state
706 agencies, local soil and water conservation districts,
707 environmental groups, regulated interests, and affected
708 pollution sources, are invited to participate in the process.
709 The department shall hold at least one public meeting in the
710 vicinity of the watershed or basin to discuss and receive
711 comments during the planning process and shall otherwise
712 encourage public participation to the greatest practicable
713 extent. Notice of the public meeting must be published in a
714 newspaper of general circulation in each county in which the
715 watershed or basin lies at least 5 days, but not more than 15
716 days, before the public meeting. A basin management action plan
717 does not supplant or otherwise alter any assessment made under
718 subsection (3) or subsection (4) or any calculation or initial
719 allocation.
720 4. Each new or revised basin management action plan must
721 shall include all of the following:
722 a. The appropriate management strategies available through
723 existing water quality protection programs to achieve total
724 maximum daily loads, which may provide for phased implementation
725 to promote timely, cost-effective actions as provided for in s.
726 403.151.;
727 b. A description of best management practices adopted by
728 rule.;
729 c. For the applicable 5-year implementation milestone, a
730 list of projects that will achieve the pollutant load reductions
731 needed to meet the total maximum daily load or the load
732 allocations established pursuant to subsection (6). Each project
733 must include a planning-level cost estimate and an estimated
734 date of completion. A list of projects in priority ranking with
735 a planning-level cost estimate and estimated date of completion
736 for each listed project;
737 d. A list of projects developed pursuant to paragraph (e),
738 if applicable.
739 e.d. The source and amount of financial assistance to be
740 made available by the department, a water management district,
741 or other entity for each listed project, if applicable.; and
742 f.e. A planning-level estimate of each listed project’s
743 expected load reduction, if applicable.
744 5. The department shall adopt all or any part of a basin
745 management action plan and any amendment to such plan by
746 secretarial order pursuant to chapter 120 to implement this
747 section.
748 6. The basin management action plan must include 5-year
749 milestones for implementation and water quality improvement, and
750 an associated water quality monitoring component sufficient to
751 evaluate whether reasonable progress in pollutant load
752 reductions is being achieved over time. An assessment of
753 progress toward these milestones shall be conducted every 5
754 years, and revisions to the plan shall be made as appropriate.
755 Any entity with a specific pollutant load reduction requirement
756 established in a basin management action plan shall identify the
757 projects or strategies that such entity will undertake to meet
758 current 5-year pollution reduction milestones, beginning with
759 the first 5-year milestone for new basin management action
760 plans, and submit such projects to the department for inclusion
761 in the appropriate basin management action plan. Each project
762 identified must include an estimated amount of nutrient
763 reduction that is reasonably expected to be achieved based on
764 the best scientific information available. Revisions to the
765 basin management action plan shall be made by the department in
766 cooperation with basin stakeholders. Revisions to the management
767 strategies required for nonpoint sources must follow the
768 procedures in subparagraph (c)4. Revised basin management action
769 plans must be adopted pursuant to subparagraph 5.
770 7. In accordance with procedures adopted by rule under
771 paragraph (9)(c), basin management action plans, and other
772 pollution control programs under local, state, or federal
773 authority as provided in subsection (4), may allow point or
774 nonpoint sources that will achieve greater pollutant reductions
775 than required by an adopted total maximum daily load or
776 wasteload allocation to generate, register, and trade water
777 quality credits for the excess reductions to enable other
778 sources to achieve their allocation; however, the generation of
779 water quality credits does not remove the obligation of a source
780 or activity to meet applicable technology requirements or
781 adopted best management practices. Such plans must allow trading
782 between NPDES permittees, and trading that may or may not
783 involve NPDES permittees, where the generation or use of the
784 credits involve an entity or activity not subject to department
785 water discharge permits whose owner voluntarily elects to obtain
786 department authorization for the generation and sale of credits.
787 8. The department’s rule relating to the equitable
788 abatement of pollutants into surface waters do not apply to
789 water bodies or waterbody water body segments for which a basin
790 management plan that takes into account future new or expanded
791 activities or discharges has been adopted under this section.
792 9. In order to promote resilient wastewater utilities, if
793 the department identifies domestic wastewater treatment
794 facilities or onsite sewage treatment and disposal systems as
795 contributors of at least 20 percent of point source or nonpoint
796 source nutrient pollution or if the department determines
797 remediation is necessary to achieve the total maximum daily
798 load, a basin management action plan for a nutrient total
799 maximum daily load must include the following:
800 a. A wastewater treatment plan developed by each local
801 government, in cooperation with the department, the water
802 management district, and the public and private domestic
803 wastewater treatment facilities within the jurisdiction of the
804 local government, that addresses domestic wastewater. The
805 wastewater treatment plan must:
806 (I) Provide for construction, expansion, or upgrades
807 necessary to achieve the total maximum daily load requirements
808 applicable to the domestic wastewater treatment facility.
809 (II) Include the permitted capacity in average annual
810 gallons per day for the domestic wastewater treatment facility;
811 the average nutrient concentration and the estimated average
812 nutrient load of the domestic wastewater; a projected timeline
813 of the dates by which the construction of any facility
814 improvements will begin and be completed and the date by which
815 operations of the improved facility will begin; the estimated
816 cost of the improvements; and the identity of responsible
817 parties.
818
819 The wastewater treatment plan must be adopted as part of the
820 basin management action plan no later than July 1, 2025. A local
821 government that does not have a domestic wastewater treatment
822 facility in its jurisdiction is not required to develop a
823 wastewater treatment plan unless there is a demonstrated need to
824 establish a domestic wastewater treatment facility within its
825 jurisdiction to improve water quality necessary to achieve a
826 total maximum daily load. A local government is not responsible
827 for a private domestic wastewater facility’s compliance with a
828 basin management action plan unless such facility is operated
829 through a public-private partnership to which the local
830 government is a party.
831 b. An onsite sewage treatment and disposal system
832 remediation plan developed by each local government in
833 cooperation with the department, the Department of Health, water
834 management districts, and public and private domestic wastewater
835 treatment facilities.
836 (I) The onsite sewage treatment and disposal system
837 remediation plan must identify cost-effective and financially
838 feasible projects necessary to achieve the nutrient load
839 reductions required for onsite sewage treatment and disposal
840 systems. To identify cost-effective and financially feasible
841 projects for remediation of onsite sewage treatment and disposal
842 systems, the local government shall:
843 (A) Include an inventory of onsite sewage treatment and
844 disposal systems based on the best information available;
845 (B) Identify onsite sewage treatment and disposal systems
846 that would be eliminated through connection to existing or
847 future central domestic wastewater infrastructure in the
848 jurisdiction or domestic wastewater service area of the local
849 government, that would be replaced with or upgraded to enhanced
850 nutrient-reducing onsite sewage treatment and disposal systems,
851 or that would remain on conventional onsite sewage treatment and
852 disposal systems;
853 (C) Estimate the costs of potential onsite sewage treatment
854 and disposal system connections, upgrades, or replacements; and
855 (D) Identify deadlines and interim milestones for the
856 planning, design, and construction of projects.
857 (II) The department shall adopt the onsite sewage treatment
858 and disposal system remediation plan as part of the basin
859 management action plan no later than July 1, 2025, or as
860 required for Outstanding Florida Springs under s. 373.807.
861 10. The installation of new onsite sewage treatment and
862 disposal systems constructed within a basin management action
863 plan area adopted under this section, a reasonable assurance
864 plan, or a pollution reduction plan is prohibited where
865 connection to a publicly owned or investor-owned sewerage system
866 is available as defined in s. 381.0065(2)(a). On lots of 1 acre
867 or less within a basin management action plan adopted under this
868 section, a reasonable assurance plan, or a pollution reduction
869 plan where a publicly owned or investor-owned sewerage system is
870 not available, the installation of enhanced nutrient-reducing
871 onsite sewage treatment and disposal systems or other wastewater
872 treatment systems that achieve at least 50 percent nutrient
873 reduction compared to a standard onsite sewage treatment and
874 disposal system is required.
875 11.10. When identifying wastewater projects in a basin
876 management action plan, the department may not require the
877 higher cost option if it achieves the same nutrient load
878 reduction as a lower cost option. A regulated entity may choose
879 a different cost option if it complies with the pollutant
880 reduction requirements of an adopted total maximum daily load
881 and meets or exceeds the pollution reduction requirement of the
882 original project.
883 12. Annually, local governments subject to a basin
884 management action plan or located within the basin of a
885 waterbody not attaining nutrient or nutrient-related standards
886 must provide to the department an update on the status of
887 construction of sanitary sewers to serve such areas, in a manner
888 prescribed by the department.
889 (e) Cooperative agricultural regional water quality
890 improvement element.—
891 1. The department and, the Department of Agriculture and
892 Consumer Services, in cooperation with and owners of
893 agricultural operations in the basin, shall develop a
894 cooperative agricultural regional water quality improvement
895 element as part of a basin management action plan where only if:
896 a. Agricultural measures have been adopted by the
897 Department of Agriculture and Consumer Services pursuant to
898 subparagraph (c)2. and have been implemented and the water body
899 remains impaired;
900 b. Agricultural nonpoint sources contribute to at least 20
901 percent of nonpoint source nutrient discharges; and
902 b.c. The department determines that additional measures, in
903 combination with state-sponsored regional projects and other
904 management strategies included in the basin management action
905 plan, are necessary to achieve the total maximum daily load.
906 2. The element will be implemented through the use of cost
907 effective and technically and financially practical cooperative
908 regional agricultural nutrient reduction cost-sharing projects
909 and. The element must include a list of such projects submitted
910 to the department by the Department of Agriculture and Consumer
911 Services which, in combination with the best management
912 practices, additional measures, and other management strategies,
913 will achieve the needed pollutant load reductions established
914 for agricultural nonpoint sources cost-effective and technically
915 and financially practical cooperative regional agricultural
916 nutrient reduction projects that can be implemented on private
917 properties on a site-specific, cooperative basis. Such
918 cooperative regional agricultural nutrient reduction projects
919 may include, but are not limited to, land acquisition in fee or
920 conservation easements on the lands of willing sellers and site
921 specific water quality improvement or dispersed water management
922 projects. The list of regional projects included in the
923 cooperative agricultural regional water quality improvement
924 element must include a planning-level cost estimate of each
925 project along with the estimated amount of nutrient reduction
926 that such project will achieve on the lands of project
927 participants.
928 3. To qualify for participation in the cooperative
929 agricultural regional water quality improvement element, the
930 participant must have already implemented and be in compliance
931 with best management practices or other measures adopted by the
932 Department of Agriculture and Consumer Services pursuant to
933 subparagraph (c)2. The element must may be included in the basin
934 management action plan as a part of the next 5-year assessment
935 under subparagraph (a)6.
936 4. The department or the Department of Agriculture and
937 Consumer Services may submit a legislative budget request to
938 fund projects developed pursuant to this paragraph. In
939 allocating funds for projects funded pursuant to this paragraph,
940 the department shall provide at least 20 percent of its annual
941 appropriation for projects in subbasins with the highest
942 nutrient concentrations within a basin management action plan.
943 Projects submitted pursuant to this paragraph are eligible for
944 funding in accordance with s. 403.0673.
945 Section 13. Section 403.0673, Florida Statutes, is amended
946 to read:
947 403.0673 Water quality improvement Wastewater grant
948 program.—A wastewater grant program is established within the
949 Department of Environmental Protection to address wastewater,
950 stormwater, and agricultural sources of nutrient loading to
951 surface water or groundwater.
952 (1) The purpose of the grant program is to fund projects
953 that will improve the quality of waters that:
954 (a) Are not attaining nutrient or nutrient-related
955 standards;
956 (b) Have an established total maximum daily load; or
957 (c) Are located Subject to the appropriation of funds by
958 the Legislature, the department may provide grants for the
959 following projects within a basin management action plan area, a
960 reasonable assurance plan area an alternative restoration plan
961 adopted by final order, an accepted alternative restoration plan
962 area, or a rural area of opportunity under s. 288.0656.
963 (2) The department may provide grants for all of the
964 following types of projects that reduce the amount of nutrients
965 entering those waters identified in subsection (1):
966 (a) Connecting onsite sewage treatment and disposal systems
967 to central sewer facilities.
968 (b) Upgrading domestic wastewater treatment facilities to
969 advanced waste treatment or greater.
970 (c) Repairing, upgrading, expanding, or constructing
971 stormwater treatment facilities that result in improvements to
972 surface water or groundwater quality.
973 (d) Repairing, upgrading, expanding, or constructing
974 domestic wastewater treatment facilities that result in
975 improvements to surface water or groundwater quality, including
976 domestic wastewater reuse and collection systems.
977 (e) Projects identified pursuant to s. 403.067(7)(a) or
978 (7)(e).
979 (f) Projects identified in a wastewater treatment plan or
980 an onsite sewage treatment and disposal system remediation plan
981 developed pursuant to s. 403.067(7)(a)9.a. and b.
982 (g) Projects listed in a city or county capital improvement
983 element pursuant to s. 163.3177(3)(a)4.b.
984 (h) Retrofitting onsite sewage treatment and disposal
985 systems to upgrade such systems to enhanced nutrient-reducing
986 onsite sewage treatment and disposal systems where central
987 sewerage is unavailable which will individually or collectively
988 reduce excess nutrient pollution:
989 (a) Projects to retrofit onsite sewage treatment and
990 disposal systems to upgrade such systems to enhanced nutrient
991 reducing onsite sewage treatment and disposal systems.
992 (b) Projects to construct, upgrade, or expand facilities to
993 provide advanced waste treatment, as defined in s. 403.086(4).
994 (c) Projects to connect onsite sewage treatment and
995 disposal systems to central sewer facilities.
996 (3)(2) In allocating such funds, priority must be given to
997 projects that subsidize the connection of onsite sewage
998 treatment and disposal systems to wastewater treatment
999 facilities. First priority must be given to subsidize the
1000 connection of onsite sewage treatment and disposal systems to
1001 existing infrastructure. Second priority must be given to any
1002 expansion of a collection or transmission system that promotes
1003 efficiency by planning the installation of wastewater
1004 transmission facilities to be constructed concurrently with
1005 other construction projects occurring within or along a
1006 transportation facility right-of-way. Third priority must be
1007 given to all other connections of onsite sewage treatment and
1008 disposal systems to wastewater treatment facilities. The
1009 department shall consider and prioritize those projects that:
1010 (a) Have the maximum estimated reduction in nutrient load
1011 per project;
1012 (b) Demonstrate project readiness;
1013 (c) Are cost-effective;
1014 (d) Have a cost share identified by the applicant, except
1015 for rural areas of opportunity;
1016 (e) Have previous state commitment and involvement in the
1017 project, considering previously funded phases, the total amount
1018 of previous state funding, and previous partial appropriations
1019 for the proposed project; or
1020 (f) Are in a the cost-effectiveness of the project; the
1021 overall environmental benefit of a project; the location where
1022 reductions are needed most to attain the water quality standards
1023 of a waterbody not attaining nutrient or nutrient-related
1024 standards.
1025
1026 Any project that does not result in reducing nutrient loading to
1027 a waterbody identified in subsection (1) is not eligible for
1028 funding under this section of a project; the availability of
1029 local matching funds; and projected water savings or quantity
1030 improvements associated with a project.
1031 (3) Each grant for a project described in subsection (1)
1032 must require a minimum of a 50-percent local match of funds.
1033 However, the department may, at its discretion, waive, in whole
1034 or in part, this consideration of the local contribution for
1035 proposed projects within an area designated as a rural area of
1036 opportunity under s. 288.0656.
1037 (4) The department shall coordinate annually with each
1038 water management district, as necessary, to identify potential
1039 projects grant recipients in each district.
1040 (5) The department shall coordinate with the Department of
1041 Agriculture and Consumer Services, local governments, and
1042 stakeholders to identify the most effective and beneficial water
1043 quality improvement projects.
1044 (6) Beginning January 1, 2024 2021, and each January 1
1045 thereafter, the department shall submit a report regarding the
1046 projects funded pursuant to this section to the Governor, the
1047 President of the Senate, and the Speaker of the House of
1048 Representatives. The report must include a list of those
1049 projects receiving funding and the following information for
1050 each project:
1051 (a) A description of the project;
1052 (b) The cost of the project;
1053 (c) The estimated nutrient load reduction of the project;
1054 (d) The location of the project;
1055 (e) The waterbody or waterbodies where the project will
1056 reduce nutrients; and
1057 (f) The total cost share being provided for the project.