CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2282

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Laurent moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14          Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Short title.--This act may be cited as the

18  "Florida Watershed Restoration Act."

19         Section 2.  Subsection (21) is added to section

20  403.031, Florida Statutes, to read:

21         403.031  Definitions.--In construing this chapter, or

22  rules and regulations adopted pursuant hereto, the following

23  words, phrases, or terms, unless the context otherwise

24  indicates, have the following meanings:

25         (21)  "Total maximum daily load" is defined as the sum

26  of the individual wasteload allocations for point sources and

27  the load allocations for nonpoint sources and natural

28  background. Prior to determining individual wasteload

29  allocations and load allocations, the maximum amount of a

30  pollutant that a water body or water segment can assimilate

31  from all sources without exceeding water quality standards

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2282

    Amendment No.    





 1  must first be calculated.

 2         Section 3.  Section 403.067, Florida Statutes, is

 3  created to read:

 4         403.067  Establishment and implementation of total

 5  maximum daily loads.--

 6         (1)  LEGISLATIVE FINDINGS AND INTENT.--In furtherance

 7  of public policy established in s. 403.021, the Legislature

 8  declares that the waters of the state are among its most basic

 9  resources and that the development of a total maximum daily

10  load program for state waters as required by ss. 303(d) of the

11  Clean Water Act. Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et

12  seq. will promote improvements in water quality throughout the

13  state through the coordinated control of point and nonpoint

14  sources of pollution. The Legislature finds that, while point

15  and nonpoint sources of pollution have been managed through

16  numerous programs, better coordination among these efforts and

17  additional management measures may be needed in order to

18  achieve the restoration of impaired water bodies. The

19  scientifically based total maximum daily load program is

20  necessary to fairly and equitably allocate pollution loads to

21  both nonpoint and point sources. Implementation of the

22  allocation shall include consideration of a cost-effective

23  approach coordinated between contributing point and nonpoint

24  sources of pollution for impaired water bodies or water body

25  segments and may include the opportunity to implement the

26  allocation through non-regulatory and incentive-based

27  programs. The Legislature further declares that the Department

28  of Environmental Protection shall be the lead agency in

29  administering this program and shall coordinate with local

30  governments, water management districts, the Department of

31  Agriculture and Consumer Services, local soil and water

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2282

    Amendment No.    





 1  conservation districts, environmental groups, regulated

 2  interests, other appropriate state agencies, and affected

 3  pollution sources in developing and executing the total

 4  maximum daily load program.

 5         (2)  LIST OF SURFACE WATERS OR SEGMENTS.--In accordance

 6  with ss. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33

 7  U.S.C. ss. 1251 et seq., the department must submit

 8  periodically to the United States Environmental Protection

 9  Agency a list of surface waters or segments for which total

10  maximum daily load assessments will be conducted. The

11  assessments shall evaluate the water quality conditions of the

12  listed waters and, if such waters are determined not to meet

13  water quality standards, total maximum daily loads shall be

14  established, subject to the provisions of s. 403.067(4). The

15  department shall establish a priority ranking and schedule for

16  analyzing such waters.

17         (a)  The list, priority ranking, and schedule cannot be

18  used in the administration or implementation of any regulatory

19  program. However, this paragraph does not prohibit any agency

20  from employing the data or other information used to establish

21  the list, priority ranking, or schedule in administering any

22  program.

23         (b)  The list, priority ranking, and schedule prepared

24  under this subsection shall be made available for public

25  comment, but shall not be subject to challenge under chapter

26  120.

27         (c)  The provisions of this subsection are applicable

28  to all lists prepared by the department and submitted to the

29  United States Environmental Protection Agency pursuant to

30  section ss. 303(d) of the Clean Water Act. Pub. L. No. 92-500,

31  33 U.S.C. ss. 1251 et seq., including those submitted prior to

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2282

    Amendment No.    





 1  the effective date of this act, except as provided in s.

 2  403.067(4).

 3         (d)  If the department proposes to implement total

 4  maximum daily load calculations or allocations established

 5  prior to the effective date of this act, the department shall

 6  adopt those calculations and allocations by rule by the

 7  secretary pursuant to ss. 120.54, 120.536(1) and

 8  403.067(6)(d).

 9         (3)  ASSESSMENT.--

10         (a)  Based on the priority ranking and schedule for a

11  particular listed water body or water body segment, the

12  department shall conduct a total maximum daily load assessment

13  of the basin in which the water body or water body segment is

14  located using the methodology developed pursuant to s.

15  403.067(3)(b). In conducting this assessment, the department

16  shall coordinate with the local water management district, the

17  Department of Agriculture and Consumer Services, other

18  appropriate state agencies, soil and water conservation

19  districts, environmental groups, regulated interests, and

20  other interested parties.

21         (b)  The department shall adopt by rule a methodology

22  for determining those waters which are impaired. The rule

23  shall provide for consideration as to whether water quality

24  standards codified in chapter 62-302, Florida Administrative

25  Code, are being exceeded, based on objective and credible

26  data, studies and reports, including surface water improvement

27  and management plans approved by water management districts

28  under s. 373.456 and pollutant load reduction goals developed

29  according to department rule. Such rule also shall set forth:

30         1.  Water quality sample collection and analysis

31  requirements, accounting for ambient background conditions,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2282

    Amendment No.    





 1  seasonal and other natural variations;

 2         2.  Approved methodologies;

 3         3.  Quality assurance and quality control protocols;

 4         4.  Data modeling; and

 5         5.  Other appropriate water quality assessment

 6  measures.

 7         (c)  If the department has adopted a rule establishing

 8  a numerical criterion for a particular pollutant, a narrative

 9  or biological criterion may not be the basis for determining

10  an impairment in connection with that pollutant unless the

11  department identifies specific factors as to why the numerical

12  criterion is not adequate to protect water quality.  If water

13  quality non-attainment is based on narrative or biological

14  criteria, the specific factors concerning particular

15  pollutants shall be identified prior to a total maximum daily

16  load being developed for those criteria for that surface water

17  or surface water segment.

18         (4)  APPROVED LIST.--If the department determines,

19  based on the total maximum daily load assessment methodology

20  described in s. 403.067(3), that water quality standards are

21  not being achieved and that technology-based effluent

22  limitations and other pollution control programs under local,

23  state, or federal authority, including Everglades restoration

24  activities pursuant to s. 373.4592 and the National Estuary

25  Program, which are designed to restore such waters for the

26  pollutant of concern are not sufficient to result in

27  attainment of applicable surface water quality standards, it

28  shall confirm that determination by issuing a subsequent,

29  updated list of those water bodies or segments for which total

30  maximum daily loads will be calculated. In association with

31  this updated list the department shall establish priority

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2282

    Amendment No.    





 1  rankings and schedules by which water bodies or segments will

 2  be subjected to total maximum daily load calculations. If a

 3  surface water or water segment is to be listed under this

 4  subsection, the department must specify the particular

 5  pollutants causing the impairment and the concentration of

 6  those pollutants causing the impairment relative to the water

 7  quality standard.  This updated list shall be approved and

 8  amended by order of the department subsequent to completion of

 9  an assessment of each water body or water body segment, and

10  submitted to the United States Environmental Protection

11  Agency.  Each order shall be subject to challenge under ss.

12  120.569 and 120.57.

13         (5)  REMOVAL FROM LIST.--At any time throughout the

14  total maximum daily load process, surface waters or segments

15  evaluated or listed under this section shall be removed from

16  the lists described in s. 403.067(2) or s. 403.067(4) upon

17  demonstration that water quality criteria are being attained,

18  based on data equivalent to that required by rule under s.

19  403.067(3).

20         (6)  CALCULATION AND ALLOCATION.--

21         (a)  Calculation of total maximum daily load.

22         1.  Prior to developing a total maximum daily load

23  calculation for each water body or water body segment on the

24  list specified in s. 403.067(4), the department shall

25  coordinate with applicable local governments, water management

26  districts, the Department of Agriculture and Consumer

27  Services, other appropriate state agencies, local soil and

28  water conservation districts, environmental groups, regulated

29  interests, and affected pollution sources to determine the

30  information required, accepted methods of data collection and

31  analysis, and quality control/quality assurance requirements.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2282

    Amendment No.    





 1  The analysis may include mathematical water quality modeling

 2  using approved procedures and methods.

 3         2.  The department shall develop total maximum daily

 4  load calculations for each water body or water body segment on

 5  the list described in s. 403.067(4) according to the priority

 6  ranking and schedule unless the impairment of such waters is

 7  due solely to activities other than point and nonpoint sources

 8  of pollution.  For waters determined to be impaired due solely

 9  to factors other than point and nonpoint sources of pollution,

10  no total maximum daily load will be required.  A total maximum

11  daily load may be required for those waters that are impaired

12  predominantly due to activities other than point and nonpoint

13  sources. The total maximum daily load calculation shall

14  establish the amount of a pollutant that a water body or water

15  body segment can assimilate without exceeding water quality

16  standards, and shall account for seasonal variations and

17  include a margin of safety that takes into account any lack of

18  knowledge concerning the relationship between effluent

19  limitations and water quality.  The total maximum daily load

20  may be based on a pollutant load reduction goal developed by a

21  water management district, provided that such pollutant load

22  reduction goal is promulgated by the department in accordance

23  with the procedural and substantive requirements of this

24  subsection.

25         (b)  Allocation of total maximum daily loads. The total

26  maximum daily loads shall include establishment of reasonable

27  and equitable allocations of the total maximum daily load

28  among point and nonpoint sources that will alone, or in

29  conjunction with other management and restoration activities,

30  provide for the attainment of water quality standards and the

31  restoration of impaired waters. The allocations shall

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2282

    Amendment No.    





 1  establish the maximum amount of the water pollutant from a

 2  given source or category of sources that may be discharged or

 3  released into the water body or water body segment in

 4  combination with other discharges or releases. Such

 5  allocations shall be designed to attain water quality

 6  standards and shall be based on consideration of the

 7  following:

 8         1.  Existing treatment levels and management practices;

 9         2.  Differing impacts pollutant sources may have on

10  water quality;

11         3.  The availability of treatment technologies,

12  management practices, or other pollutant reduction measures;

13         4.  Environmental, economic, and technological

14  feasibility of achieving the allocation;

15         5.  The cost benefit associated with achieving the

16  allocation;

17         6.  Reasonable timeframes for implementation;

18         7.  Potential applicability of any moderating

19  provisions such as variances, exemptions, and mixing zones;

20  and

21         8.  The extent to which nonattainment of water quality

22  standards is caused by pollution sources outside of Florida,

23  discharges that have ceased, or alterations to water bodies

24  prior to the date of this act.

25         (c)  Not later than February 1, 2001, the department

26  shall submit a report to the Governor, the President of the

27  Senate, and the Speaker of the House of Representatives

28  containing recommendations, including draft legislation, for

29  any modifications to the process for allocating total maximum

30  daily loads, including the relationship between allocations

31  and the basin planning process. Such recommendations shall be

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2282

    Amendment No.    





 1  developed by the department in cooperation with a technical

 2  advisory committee which includes representatives of affected

 3  parties, environmental organizations, water management

 4  districts, and other appropriate local, state, and federal

 5  government agencies. The technical advisory committee shall

 6  also include such members as may be designated by the

 7  President of the Senate and the Speaker of the House of

 8  Representatives.

 9         (d)  The total maximum daily load calculations and

10  allocations for each water body or water body segment shall be

11  adopted by rule by the secretary pursuant to ss. 120.54 and

12  120.536(1), and 403.805.  The rules adopted pursuant to this

13  paragraph shall not be subject to approval by the

14  Environmental Regulation Commission.  As part of the rule

15  development process, the department shall hold at least one

16  public workshop in the vicinity of the water body or water

17  body segment for which the total maximum daily load is being

18  developed. Notice of the public workshop shall be published

19  not less than 5 days nor more than 15 days before the public

20  workshop in a newspaper of general circulation in the county

21  or counties containing the water bodies or water body segments

22  for which the total maximum daily load calculation and

23  allocation are being developed.

24         (7)  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--

25         (a)  The department shall be the lead agency in

26  coordinating the implementation of the total maximum daily

27  load allocation through water quality protection

28  programs.  Application of a total maximum daily load

29  calculation or allocation by a water management district shall

30  be consistent with this section and shall not require the

31  issuance of an order or a separate action pursuant to s.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2282

    Amendment No.    





 1  120.54 or s. 120.536(1) for adoption of the calculation and

 2  allocation previously established by the department.  Such

 3  programs may include, but are not limited to:

 4         1.  Permitting and other existing regulatory programs;

 5         2.  Nonregulatory and incentive-based programs,

 6  including best management practices, cost sharing, waste

 7  minimization, pollution prevention, and public education;

 8         3.  Other water quality management and restoration

 9  activities, for example surface water improvement and

10  management plans approved by water management districts under

11  s. 373.456;

12         4.  Pollutant trading or other equitable economically

13  based agreements;

14         5.  Public works including capital facilities; or

15         6.  Land acquisition.

16         (b)  In developing and implementing the total maximum

17  daily load allocation, the department may develop a basin

18  plan. The basin plan will serve to fully integrate all the

19  management strategies available to the state for the purpose

20  of achieving water quality restoration. The basin planning

21  process is intended to involve the broadest possible range of

22  interested parties, with the objective of encouraging the

23  greatest amount of cooperation and consensus possible. The

24  department shall hold at least one public meeting in the

25  vicinity of the basin to discuss and receive comments during

26  the basin planning process and shall otherwise encourage

27  public participation to the greatest practical extent. Notice

28  of the public meeting shall be published in a newspaper of

29  general circulation in each county in which the basin lies not

30  less than 5 days nor more than 15 days before the public

31  meeting.  A basin plan shall not supplant or otherwise alter

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2282

    Amendment No.    





 1  any assessment made under s. 403.086(3) and s.403.086(4), or

 2  any calculation or allocation made under s. 403.086(6).

 3         (c)  The department, in cooperation with the water

 4  management districts and other interested parties, as

 5  appropriate, may develop suitable interim measures, best

 6  management practices, or other measures necessary to achieve

 7  the level of pollution reduction established by the department

 8  for nonagricultural nonpoint pollutant sources in allocations

 9  developed pursuant to s. 403.067(6)(b).  These practices and

10  measures may be adopted by rule by the department and the

11  water management districts pursuant to ss. 120.54 and

12  120.536(1), and may be implemented by those parties

13  responsible for nonagricultural nonpoint pollutant sources and

14  the department and the water management districts shall assist

15  with implementation.  Where interim measures, best management

16  practices, or other measures are adopted by rule, the

17  effectiveness of such practices in achieving the levels of

18  pollution reduction established in allocations developed by

19  the department pursuant to s. 403.067(6)(b) shall be verified

20  by the department.  Implementation, in accordance with

21  applicable rules, of practices that have been verified by the

22  department to be effective at representative sites shall

23  provide a presumption of compliance with state water quality

24  standards and release from the provisions of s. 376.307(5) for

25  those pollutants addressed by the practices, and the

26  department is not authorized to institute proceedings against

27  the owner of the source of pollution to recover costs or

28  damages associated with the contamination of surface or ground

29  water caused by those pollutants. Such rules shall also

30  incorporate provisions for a notice of intent to implement the

31  practices and a system to assure the implementation of the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2282

    Amendment No.    





 1  practices, including recordkeeping requirements. Where water

 2  quality problems are detected despite the appropriate

 3  implementation, operation and maintenance of best management

 4  practices and other measures according to rules adopted under

 5  this paragraph, the department or the water management

 6  districts shall institute a reevaluation of the best

 7  management practice or other measures.

 8         (d)  The Department of Agriculture and Consumer

 9  Services may develop and adopt by rule pursuant to ss. 120.54

10  and 120.536(1) suitable interim measures, best management

11  practices, or other measures necessary to achieve the level of

12  pollution reduction established by the department for

13  agricultural pollutant sources in allocations developed

14  pursuant to s. 403.067(6)(b). These practices and measures may

15  be implemented by those parties responsible for agricultural

16  pollutant sources and the department, the water management

17  districts and the Department of Agriculture and Consumer

18  Services shall assist with implementation.  Where interim

19  measures, best management practices, or other measures are

20  adopted by rule, the effectiveness of such practices in

21  achieving the levels of pollution reduction established in

22  allocations developed by the department pursuant to s.

23  403.067(6)(b) shall be verified by the department.

24  Implementation, in accordance with applicable rules, of

25  practices that have been verified by the department to be

26  effective at representative sites shall provide a presumption

27  of compliance with state water quality standards and release

28  from the provisions of s. 376.307(5) for those pollutants

29  addressed by the practices, and the department is not

30  authorized to institute proceedings against the owner of the

31  source of pollution to recover costs or damages associated

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2282

    Amendment No.    





 1  with the contamination of surface or ground water caused by

 2  those pollutants.  In the process of developing and adopting

 3  rules for interim measures, best management practices, or

 4  other measures, the Department of Agriculture and Consumer

 5  Services shall consult with the department, the Department of

 6  Health, the water management districts, representatives from

 7  affected farming groups, and environmental group

 8  representatives. Such rules shall also incorporate provisions

 9  for a notice of intent to implement the practices and a system

10  to assure the implementation of the practices, including

11  recordkeeping requirements. Where water quality problems are

12  detected despite the appropriate implementation, operation and

13  maintenance of best management practices and other measures

14  according to rules adopted under this paragraph, the

15  Department of Agriculture and Consumer Services shall

16  institute a reevaluation of the best management practice or

17  other measure.

18         (e)  The provisions of s. 403.067(7) paragraphs (c) and

19  (d) shall not preclude the department or water management

20  district from requiring compliance with water quality

21  standards or with current best management practice

22  requirements set forth in any applicable regulatory program

23  authorized by law for the purpose of protecting water

24  quality.  Additionally, s. 403.067(7)(c) and s. 403.067(7)(d)

25  are applicable only to the extent that they do not conflict

26  with any rules promulgated by the department that are

27  necessary to maintain a federally delegated or approved

28  program.

29         (8)  RULES.--The department is authorized to adopt

30  rules pursuant to ss. 120.54 and 120.536(1) for:

31         (a)  Delisting water bodies or water body segments from

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2282

    Amendment No.    





 1  the list developed under s. 403.067(4) pursuant to the

 2  guidance under s. 403.067(5);

 3         (b)  Administration of funds to implement the total

 4  maximum daily load program;

 5         (c)  Procedures for pollutant trading among the

 6  pollutant sources to a water body or water body segment,

 7  including a mechanism for the issuance and tracking of

 8  pollutant credits. Such procedures may be implemented through

 9  permits or other authorizations and must be legally binding.

10  No rule implementing a pollutant trading program shall become

11  effective prior to review and ratification by the Legislature;

12  and

13         (d)  The total maximum daily load calculation in

14  accordance with s. 403.067(6)(a) immediately upon the

15  effective date of this act, for those eight water segments

16  within Lake Okeechobee proper as submitted to the United

17  States Environmental Protection Agency pursuant to s.

18  403.067(2).

19         (9)  APPLICATION.--The provisions of this section are

20  intended to supplement existing law and nothing in this

21  section shall be construed as altering any applicable state

22  water quality standards or as restricting the authority

23  otherwise granted to the department or a water management

24  district under this chapter or chapter 373. The exclusive

25  means of state implementation of section ss. 303(d) of the

26  Clean Water Act. Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et

27  seq. shall be in accordance with the identification,

28  assessment, calculation and allocation, and implementation

29  provisions of s. 403.067.

30         (10)  CONSTRUCTION.--Nothing in this section shall be

31  construed as limiting the applicability or consideration of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2282

    Amendment No.    





 1  any mixing zone, variance, exemption, site specific

 2  alternative criteria, or other moderating provision.

 3         (11)  IMPLEMENTATION OF ADDITIONAL PROGRAMS.--The

 4  department shall not implement, without prior legislative

 5  approval, any additional regulatory authority pursuant to the

 6  Clean Water Act ss. 303(d) or 40 CFR Part 130, if such

 7  implementation would result in water quality discharge

 8  regulation of activities not currently subject to regulation.

 9         (12)  In order to provide adequate due process while

10  ensuring timely development of total maximum daily loads,

11  proposed rules and orders authorized by this act shall be

12  ineffective pending resolution of a section 120.54(3), 120.56,

13  120.569, or 120.57 administrative proceeding.  However, the

14  department may go forward prior to resolution of such

15  administrative proceedings with subsequent agency actions

16  authorized by s. 403.067(2) through s. 403.067(6), provided

17  that the department can support and substantiate those actions

18  using the underlying bases for the rules or orders without the

19  benefit of any legal presumption favoring, or in deference to,

20  the challenged rules or orders.

21         Section 4.  Subsection (1) of section 403.805, Florida

22  Statutes, is amended to read:

23         403.805  Secretary; powers and duties.--

24         (1)  The secretary shall have the powers and duties of

25  heads of departments set forth in chapter 20, including the

26  authority to adopt rules pursuant to ss. 120.536(1) and 120.54

27  to implement the provisions of chapters 253, 373, and 376 and

28  this chapter. The secretary shall have rulemaking

29  responsibility under chapter 120, but shall submit any

30  proposed rule containing standards to the Environmental

31  Regulation Commission for approval, modification, or

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2282

    Amendment No.    





 1  disapproval pursuant to s. 403.804, except for total maximum

 2  daily load calculations and allocations developed pursuant to

 3  s. 403.067(6).  The secretary shall have responsibility for

 4  final agency action regarding total maximum daily load

 5  calculations and allocations developed pursuant to s.

 6  403.067(6).  The secretary shall employ legal counsel to

 7  represent the department in matters affecting the department.

 8  Except for appeals on permits specifically assigned by this

 9  act to the Governor and Cabinet, and unless otherwise

10  prohibited by law, the secretary may delegate the authority

11  assigned to the department by this act to the assistant

12  secretary, division directors, and district and branch office

13  managers and to the water management districts.

14         Section 5.  The department, coordinating with the water

15  management districts and the Department of Agriculture and

16  Consumer Services, shall evaluate the effectiveness of the

17  implementation of total maximum daily loads for a period of 5

18  years from the effective date of this act. The department

19  shall document that effectiveness, using all data and

20  information at its disposal, in a report to the Governor, the

21  President of the Senate, and the Speaker of the House of

22  Representatives by January 1, 2005. The report shall provide

23  specific recommendations for statutory changes necessary to

24  implement total maximum daily loads more effectively,

25  including the development or expansion of pollution prevention

26  and pollutant trading opportunities, and best management

27  practices. The report shall also provide recommendations for

28  statutory changes relating to pollutant sources which are not

29  subject to permitting under chapter 403, Florida Statutes, or

30  chapter 373, Florida Statutes, and which do not implement the

31  nonregulatory practices or other measures outlined in the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2282

    Amendment No.    





 1  basin plan prepared under s. 403.067, Florida Statutes, in

 2  accordance with the schedule of the plan, or fail to implement

 3  them as designed.

 4         Section 6.  This act shall take effect upon becoming a

 5  law.

 6

 7

 8  ================ T I T L E   A M E N D M E N T ===============

 9  And the title is amended as follows:

10          Delete everything before the enacting clause

11

12  and insert:

13                      A bill to be entitled

14         An act relating to implementation of water

15         quality standards; amending s. 403.031, F.S.;

16         defining the term "total maximum daily load";

17         creating s. 403.067, F.S.; providing

18         legislative findings and intent; requiring the

19         Department of Environmental Protection to

20         periodically submit to the United States

21         Environmental Protection Agency a list of

22         surface waters or segments for which total

23         maximum daily load assessments will be

24         conducted; providing that the list cannot be

25         used in the administration or implementation of

26         any regulatory program; providing for public

27         comment on the list; requiring the Department

28         of Environmental Protection to conduct total

29         maximum daily load assessments on water bodies

30         based on the priority ranking and schedule;

31         requiring the Department of Environmental

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2282

    Amendment No.    





 1         Protection to adopt a methodology for

 2         determining those water bodies which are

 3         impaired by rule; specifying what the rule

 4         shall set forth; providing for the adoption of

 5         a subsequent updated list of water bodies for

 6         which total maximum daily loads will be

 7         calculated under certain circumstances;

 8         providing for the removal of surface waters or

 9         segments under certain conditions; providing

10         for the process for calculating and allocating

11         total maximum daily loads; providing that the

12         Department of Environmental Protection must

13         submit a report by February 1, 2001, to the

14         Governor, the President of the Senate, and the

15         Speaker of the House of Representatives which

16         contains recommendations and draft legislation

17         for any modifications to the process for

18         allocating total maximum daily loads; requiring

19         that the recommendations be developed by the

20         department in cooperation with a technical

21         committee; providing that the total maximum

22         daily load calculations and allocations shall

23         be adopted by rule; providing for public

24         workshops and public notice; providing that the

25         Department of Environmental Protection shall be

26         the lead agency in coordinating the

27         implementation of the total maximum daily load

28         allocation through water quality protection

29         programs; authorizing the department to develop

30         a basin plan requiring the department to

31         cooperatively develop suitable interim

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2282

    Amendment No.    





 1         measures, best management practices, or other

 2         measures necessary to achieve the level of

 3         pollution reduction established in allocations

 4         for nonagricultural nonpoint pollutant sources;

 5         requiring the Department of Agriculture and

 6         Consumer Services to develop, and to adopt by

 7         rule at its discretion, certain interim

 8         measures or best management practices necessary

 9         to achieve the level of pollution reduction

10         established in allocations of agricultural

11         pollutant sources; authorizing the Department

12         of Environmental Protection to adopt certain

13         rules; prohibiting the Department of

14         Environmental Protection from implementing,

15         without prior legislative approval, any

16         additional regulatory authority pursuant to the

17         Clean Water Act; amending s. 403.805, F.S.;

18         providing for the powers and duties of the

19         secretary; requiring the Department of

20         Environmental Protection, in coordination with

21         the water management district and the

22         Department of Agriculture and Consumer

23         Services, to evaluate the effectiveness of the

24         implementation of total maximum daily loads for

25         a specific period and to report to the Governor

26         and the Legislature; providing an effective

27         date.

28

29

30

31

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