Senate Bill sb1662e1

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    CS for SB 1662                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to Lake Okeechobee Protection

  3         Program; amending s. 373.4595, F.S.;

  4         authorizing a line item on utility sewer rates

  5         to cover wastewater residual treatment and

  6         disposal in certain counties; providing

  7         exemption from requirements of the Public

  8         Service Commission; providing for audits;

  9         providing an effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Paragraph (c) of subsection (3) of section

14  373.4595, Florida Statutes, is amended to read:

15         373.4595  Lake Okeechobee Protection Program.--

16         (3)  LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection

17  program for Lake Okeechobee that achieves phosphorus load

18  reductions for Lake Okeechobee shall be immediately

19  implemented as specified in this subsection. The program shall

20  address the reduction of phosphorus loading to the lake from

21  both internal and external sources. Phosphorus load reductions

22  shall be achieved through a phased program of implementation.

23  Initial implementation actions shall be technology-based,

24  based upon a consideration of both the availability of

25  appropriate technology and the cost of such technology, and

26  shall include phosphorus reduction measures at both the source

27  and the regional level. The initial phase of phosphorus load

28  reductions shall be based upon the district's Technical

29  Publication 81-2 and the district's WOD program, with

30  subsequent phases of phosphorus load reductions based upon the

31  total maximum daily loads established in accordance with s.


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    CS for SB 1662                                 First Engrossed



  1  403.067. In the development and administration of the Lake

  2  Okeechobee Protection Program, the coordinating agencies shall

  3  maximize opportunities provided by federal cost-sharing

  4  programs and opportunities for partnerships with the private

  5  sector.

  6         (c)  Lake Okeechobee Watershed Phosphorus Control

  7  Program.--The Lake Okeechobee Watershed Phosphorus Control

  8  Program is designed to be a multifaceted approach to reducing

  9  phosphorus loads by improving the management of phosphorus

10  sources within the Lake Okeechobee watershed through continued

11  implementation of existing regulations and best management

12  practices, development and implementation of improved best

13  management practices, improvement and restoration of the

14  hydrologic function of natural and managed systems, and

15  utilization of alternative technologies for nutrient

16  reduction. The coordinating agencies shall facilitate the

17  application of federal programs that offer opportunities for

18  water quality treatment, including preservation, restoration,

19  or creation of wetlands on agricultural lands.

20         1.  Agricultural nonpoint source best management

21  practices, developed in accordance with s. 403.067 and

22  designed to achieve the objectives of the Lake Okeechobee

23  Protection Program, shall be implemented on an expedited

24  basis. By March 1, 2001, the coordinating agencies shall

25  develop an interagency agreement pursuant to ss. 373.046 and

26  373.406(5) that assures the development of best management

27  practices that complement existing regulatory programs and

28  specifies how those best management practices are implemented

29  and verified. The interagency agreement shall address measures

30  to be taken by the coordinating agencies during any best

31  management practice reevaluation performed pursuant to


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    CS for SB 1662                                 First Engrossed



  1  sub-subparagraph d. The department shall use best professional

  2  judgment in making the initial determination of best

  3  management practice effectiveness.

  4         a.  As provided in s. 403.067(7)(d), by October 1,

  5  2000, the Department of Agriculture and Consumer Services, in

  6  consultation with the department, the district, and affected

  7  parties, shall initiate rule development for interim measures,

  8  best management practices, conservation plans, nutrient

  9  management plans, or other measures necessary for Lake

10  Okeechobee phosphorus load reduction. The rule shall include

11  thresholds for requiring conservation and nutrient management

12  plans and criteria for the contents of such plans. Development

13  of agricultural nonpoint source best management practices

14  shall initially focus on those priority basins listed in

15  subparagraph (b)1. The Department of Agriculture and Consumer

16  Services, in consultation with the department, the district,

17  and affected parties, shall conduct an ongoing program for

18  improvement of existing and development of new interim

19  measures or best management practices for the purpose of

20  adoption of such practices by rule.

21         b.  Where agricultural nonpoint source best management

22  practices or interim measures have been adopted by rule of the

23  Department of Agriculture and Consumer Services, the owner or

24  operator of an agricultural nonpoint source addressed by such

25  rule shall either implement interim measures or best

26  management practices or demonstrate compliance with the

27  district's WOD program by conducting monitoring prescribed by

28  the department or the district. Owners or operators of

29  agricultural nonpoint sources who implement interim measures

30  or best management practices adopted by rule of the Department

31  of Agriculture and Consumer Services shall be subject to the


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    CS for SB 1662                                 First Engrossed



  1  provisions of s. 403.067(7). The Department of Agriculture and

  2  Consumer Services, in cooperation with the department and the

  3  district, shall provide technical and financial assistance for

  4  implementation of agricultural best management practices,

  5  subject to the availability of funds.

  6         c.  The district or department shall conduct monitoring

  7  at representative sites to verify the effectiveness of

  8  agricultural nonpoint source best management practices.

  9         d.  Where water quality problems are detected for

10  agricultural nonpoint sources despite the appropriate

11  implementation of adopted best management practices, the

12  Department of Agriculture and Consumer Services, in

13  consultation with the other coordinating agencies and affected

14  parties, shall institute a reevaluation of the best management

15  practices and make appropriate changes to the rule adopting

16  best management practices.

17         2.  Nonagricultural nonpoint source best management

18  practices, developed in accordance with s. 403.067 and

19  designed to achieve the objectives of the Lake Okeechobee

20  Protection Program, shall be implemented on an expedited

21  basis. By March 1, 2001, the department and the district shall

22  develop an interagency agreement pursuant to ss. 373.046 and

23  373.406(5) that assures the development of best management

24  practices that complement existing regulatory programs and

25  specifies how those best management practices are implemented

26  and verified. The interagency agreement shall address measures

27  to be taken by the department and the district during any best

28  management practice reevaluation performed pursuant to

29  sub-subparagraph d.

30         a.  The department and the district are directed to

31  work with the University of Florida's Institute of Food and


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  1  Agricultural Sciences to develop appropriate nutrient

  2  application rates for all nonagricultural soil amendments in

  3  the watershed. As provided in s. 403.067(7)(c), by January 1,

  4  2001, the department, in consultation with the district and

  5  affected parties, shall develop interim measures, best

  6  management practices, or other measures necessary for Lake

  7  Okeechobee phosphorus load reduction. Development of

  8  nonagricultural nonpoint source best management practices

  9  shall initially focus on those priority basins listed in

10  subparagraph (b)1. The department, the district, and affected

11  parties shall conduct an ongoing program for improvement of

12  existing and development of new interim measures or best

13  management practices. The district shall adopt

14  technology-based standards under the district's WOD program

15  for nonagricultural nonpoint sources of phosphorus.

16         b.  Where nonagricultural nonpoint source best

17  management practices or interim measures have been developed

18  by the department and adopted by the district, the owner or

19  operator of a nonagricultural nonpoint source shall implement

20  interim measures or best management practices and be subject

21  to the provisions of s. 403.067(7). The department and

22  district shall provide technical and financial assistance for

23  implementation of nonagricultural nonpoint source best

24  management practices, subject to the availability of funds.

25         c.  The district or the department shall conduct

26  monitoring at representative sites to verify the effectiveness

27  of nonagricultural nonpoint source best management practices.

28         d.  Where water quality problems are detected for

29  nonagricultural nonpoint sources despite the appropriate

30  implementation of adopted best management practices, the

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    CS for SB 1662                                 First Engrossed



  1  department and the district shall institute a reevaluation of

  2  the best management practices.

  3         3.  The provisions of subparagraphs 1. and 2. shall not

  4  preclude the department or the district from requiring

  5  compliance with water quality standards or with current best

  6  management practices requirements set forth in any applicable

  7  regulatory program authorized by law for the purpose of

  8  protecting water quality. Additionally, subparagraphs 1. and

  9  2. are applicable only to the extent that they do not conflict

10  with any rules promulgated by the department that are

11  necessary to maintain a federally delegated or approved

12  program.

13         4.  Projects which reduce the phosphorus load

14  originating from domestic wastewater systems within the Lake

15  Okeechobee watershed shall be given funding priority in the

16  department's revolving loan program under s. 403.1835. The

17  department shall coordinate and provide assistance to those

18  local governments seeking financial assistance for such

19  priority projects.

20         5.a.  The department shall require all entities

21  disposing of domestic wastewater residuals within the Lake

22  Okeechobee watershed to develop and submit to the department

23  by July 1, 2001, an agricultural use plan that limits

24  applications based upon phosphorus loading. Phosphorus loading

25  originating from these application sites shall not exceed the

26  limits established in the district's WOD program.

27         b.  Private and government-owned utilities within

28  Monroe, Dade, Broward, Palm Beach, Martin, St. Lucie, Indian

29  River, Okeechobee, Highlands, Hendry, and Glades counties that

30  dispose of wastewater residual sludge from utility operations

31  and septic removal by land spreading in the Lake Okeechobee


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    CS for SB 1662                                 First Engrossed



  1  watershed may use a line item on local sewer rates to cover

  2  wastewater residual treatment and disposal if such disposal

  3  and treatment is done by approved alternative treatment

  4  methodology at a facility located within the areas designated

  5  by the Governor as rural areas of critical economic concern

  6  pursuant to s. 288.0656. This additional line item is an

  7  environmental protection disposal fee above the present sewer

  8  rate and shall not be considered a part of the present sewer

  9  rate to customers, notwithstanding provisions to the contrary

10  in chapter 367. The fee shall be established by the County

11  Commission or its designated assignee in the county in which

12  the alternative method treatment facility is located. The fee

13  shall be calculated to be no higher than that necessary to

14  recover the facility's prudent cost of providing the service.

15  Upon request by an affected County Commission, the Florida

16  Public Service Commission will provide assistance in

17  establishing the fee. Further, for utilities and utility

18  authorities that use the additional line item environmental

19  protection disposal fee, such fee shall not be considered a

20  rate increase under the rules of the Public Service Commission

21  and shall be exempt from such rules. Utilities using the

22  provisions of this section may immediately include in their

23  sewer invoicing the new environmental protection disposal fee.

24  Proceeds from this environmental protection disposal fee shall

25  be used for treatment and disposal of wastewater residuals

26  including any treatment technology that helps reduce the

27  volume of residuals that require final disposal, but such

28  proceeds shall not be used for transportation or shipment

29  costs for disposal or any costs relating to the land

30  application of residuals in the Lake Okeechobee watershed.

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    CS for SB 1662                                 First Engrossed



  1         c.  No less frequently than once every 3 years, the

  2  Florida Public Service Commission or the County Commission

  3  through the services of an independent auditor shall perform a

  4  financial audit of all facilities receiving compensation from

  5  an environmental protection disposal fee. The Florida Public

  6  Service Commission or the County Commission through the

  7  services of an independent auditor shall also perform an audit

  8  of the methodology used in establishing the environmental

  9  protection disposal fee. The Florida Public Service Commission

10  or the County Commission shall, within 120 days after

11  completion of an audit, file the audit report with the

12  President of the Senate and the Speaker of the House of

13  Representatives and shall provide copies to the County

14  Commissions of the counties set forth in sub-subparagraph b.

15  The books and records of any facilities receiving compensation

16  from an environmental protection disposal fee shall be open to

17  the Florida Public Service Commission and the Auditor General

18  for review upon request.

19         6.  By July 1, 2001, the Department of Agriculture and

20  Consumer Services shall initiate rulemaking requiring entities

21  within the Lake Okeechobee watershed which land-apply animal

22  manure to develop conservation or nutrient management plans

23  that limit application, based upon phosphorus loading. Such

24  rules may include criteria and thresholds for the requirement

25  to develop a conservation or nutrient management plan,

26  requirements for plan approval, and recordkeeping

27  requirements.

28         7.  Prior to authorizing a discharge into works of the

29  district, the district shall require responsible parties to

30  demonstrate that proposed changes in land use will not result

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    CS for SB 1662                                 First Engrossed



  1  in increased phosphorus loading over that of existing land

  2  uses.

  3         8.  The district, the department, or the Department of

  4  Agriculture and Consumer Services, as appropriate, shall

  5  implement those alternative nutrient reduction technologies

  6  determined to be feasible pursuant to subparagraph (d)6.

  7         Section 2.  This act shall take effect July 1, 2001.

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