HB 1405 2003
   
1 A bill to be entitled
2          An act relating to water policy; amending s. 373.0693,
3    F.S.; redrawing the boundaries of certain water basins;
4    providing for the transfer of assets between such water
5    basins; amending s. 373.451, F.S.; revising legislative
6    intent with respect to the Surface Water Improvement and
7    Management Act; deleting requirement that state and local
8    funds be provided for certain purposes; amending s.
9    373.453, F.S.; revising criteria to be applied in
10    determining the priority of water bodies under surface
11    water and management plans and programs; providing for
12    periodic lists of water bodies of regional or statewide
13    significance; authorizing participation by additional
14    persons in the development of plans and programs; deleting
15    certain reporting requirements; requiring identification
16    of potential funding sources for the plans and programs;
17    requiring review of plans developed by water management
18    districts by various state agencies within a specified
19    time; exempting the approval process for such plans from
20    the rule adoption requirements of chapter 120, F.S.;
21    deleting the requirement that state agencies be on certain
22    advisory committees; authorizing water management
23    districts to enter into contracts with governmental
24    agencies regarding the development and implementation of
25    water improvement and management programs; amending s.
26    373.459, F.S.; providing for appropriation of funds for
27    surface water improvement and management activities by
28    water management districts; providing for release of funds
29    by the Department of Environmental Protection; repealing
30    s. 373.455, F.S., relating to review of surface water
31    improvement and management plans; repealing s. 373.456,
32    F.S., relating to approval of surface water improvement
33    and management plans; repealing s. 373.457, F.S., relating
34    to implementation of surface water improvement and
35    management plans and programs; amending ss. 259.101,
36    373.4136, 403.067, and 403.1835, F.S.; deleting cross
37    references; providing an effective date.
38         
39          Be It Enacted by the Legislature of the State of Florida:
40         
41          Section 1. Subsection (11) of section 373.0693, Florida
42    Statutes, is amended to read:
43          373.0693 Basins; basin boards.--
44          (11)(a) Basins existing within the Southwest Florida Water
45    Management District, as described in rule 40D-0.061, Florida
46    Administrative Code, may not be abolished or combined without
47    the approval of the Legislature, except that the entire area
48    lying to the East of the Hillsborough County line formerlyand
49    presently located within the Hillsborough Basin is hereby
50    annexed into the Peace River Basin from the Hillsborough Basin
51    is hereby deannexed from the Peace River Basin and reannexed
52    into the Hillsborough Basin. Within the Southwest Florida Water
53    Management District, the entire area lying to the East of the
54    Hillsborough County line formerlyand presently located within
55    the Alafia Basin is hereby annexed into the Peace River Basin
56    from the Alafia Basin is hereby deannexed from the Peace River
57    Basin and reannexed into the Alafia Basin.
58          (b) Assets or liabilities of the basin located in those
59    areas transferred from the Peace River Basin back intothe
60    Hillsborough and Alafia Basins into the Peace River Basin
61    pursuant to this section, including funds held in trust, shall
62    be transferred to the Hillsborough and Alafia BasinsPeace River
63    Basin.
64          Section 2. Subsections (5), (7), and (8) of section
65    373.451, Florida Statutes, are amended to read:
66          373.451 Short title; legislative findings and intent.--
67          (5) The Legislature finds that manysurface water problems
68    can be and have beencorrected and prevented through plans and
69    programs for surface water improvement and management that are
70    developedplanned, designed,and implemented by the water
71    management districts, the department,and local governments.
72          (7) It is also the intent of the Legislature that the
73    department, the water management districts, and othersshall
74    conduct or coordinate statewide research by the water management
75    districts or othersto provide a better scientific understanding
76    of the causes and effects of surface water pollution and of the
77    destruction of natural systems in order to improve and manage
78    surface waters and associated natural systems.
79          (8) The state, through the department, shall provide funds
80    to assist with the implementation of the district plans and
81    programs under this act. However, to achieve the goals of this
82    act, cooperation and funding is necessary from the state, the
83    water management districts, and local governments.
84          Section 3. Section 373.453, Florida Statutes, is amended
85    to read:
86          373.453 Surface water improvement and management plans and
87    programs.--
88          (1)(a) Each water management district, in cooperation with
89    the department, the Department of Agriculture and Consumer
90    Services, the Department of Community Affairs, the Fish and
91    Wildlife Conservation Commission, and local governments, and
92    others, shall prepare and maintain a list that prioritizeswhich
93    shall prioritizewater bodies of regional or statewide
94    significance within theeachwater management district. The list
95    shall be reviewed and updated every 53 years. The list shall be
96    based on criteria adopted by rule of the department and shall
97    assign priorities to the water bodies based on their need for
98    protection and restoration.
99          (b) Criteria to be used in developing the listsdeveloped
100    by the department shall include, but neednot be limited to,
101    consideration of violations of water quality standards occurring
102    in the water body, the amounts of nutrients entering the water
103    body and the water body's trophic state, water bodies on the
104    department’s list of impaired waters, water bodies with
105    established total maximum daily loads,the existence of or need
106    for a continuous aquatic weed control program in the water body,
107    the biological condition of the water body, reduced fish and
108    wildlife values, andthreats to agricultural and urban water
109    supplies, threats toand public recreational opportunities,
110    public input, and the management of the water body through
111    federal, state, or local water quality programs or plans.
112          (c) In maintainingdeveloping their respective priority
113    water bodylists, water management districts shall give
114    consideration to the following priority areas:
115          1. The South Florida Water Management District shall give
116    priority to the restoration needs of Lake Okeechobee, Biscayne
117    Bay, and the Indian River Lagoon system and their tributaries.
118          2. The Southwest Florida Water Management District shall
119    give priority to the restoration needs of Tampa Bay and its
120    tributaries.
121          3. The St. Johns River Water Management District shall
122    give priority to the restoration needs of Lake Apopka, the Lower
123    St. Johns River, and the Indian River Lagoon system and their
124    tributaries.
125          (2) Unless otherwise provided by lawOnce the priority
126    lists are approved by the department, the water management
127    districts, in cooperation with state agencies,the department,
128    the Fish and Wildlife Conservation Commission, the Department of
129    Community Affairs, the Department of Agriculture and Consumer
130    Services, and local governments, and others, mayshalldevelop
131    surface water improvement and management plans and programsfor
132    the water bodies identifiedbased on the priority lists. The
133    department shall establish a uniform format for such plans and a
134    schedule for reviewing and updating the plans. These Plans
135    developed pursuant to this subsectionshall include, but not be
136    limited to:
137          (a) A description of the water body system, its historical
138    and current uses, its hydrology, and a history ofthe conditions
139    which have led to the need for restoration or protection;
140          (b) An identification of all governmental units that have
141    jurisdiction over the water body and its drainage basin within
142    the approved surface water improvement and management plan area,
143    including local, regional, state, and federal units;
144          (c) A description of land uses within the drainage basin
145    of the priority water bodywithin the approved surface water
146    improvement and management plan areaand those of important
147    tributaries, point and nonpoint sources of pollution, and
148    permitted discharge activities;
149          (d) IdentificationA list of the ownersof point and
150    nonpoint sources of water pollution that are discharged into the
151    each water body and its important tributariestributary thereto
152    and that adversely affect the public interest, including
153    separate lists of those sources that are:
154          1. Operating without a permit;
155          2. Operating with a temporary operating permit; and
156          3. Presently violating effluent limits or water quality
157    standards.
158         
159          The plan shall also include recommendations and schedules for
160    bringing all sources into compliance with state standards when
161    not contrary to the public interest. This paragraph does not
162    authorize any existing or future violation of any applicable
163    statute, regulation, or permit requirement, and does not
164    diminish the authority of the department or the water management
165    district;
166          (e) A description of strategies and a schedule for related
167    management actionspotential strategiesfor restoring or
168    protecting the water body to Class III or better, including
169    those needed to help achieve state-adopted total maximum daily
170    loads for the water body;
171          (f) A listing of studies that are being or have been
172    prepared for the water body;
173          (g) A description of the research and feasibility studies
174    which will be performed to determine the particular strategy or
175    strategies to restore or protect the water body;
176          (f)(h) A description of the management actionsmeasures
177    needed to manage andmaintain the water body once it has been
178    restored and to prevent future degradation; and
179          (i) A schedule for restoration and protection of the water
180    body; and
181          (g)(j)An estimate of the funding needed to carry out the
182    restoration or protection strategies and a listing of available
183    and potential funding sources and amounts.
184          (3) Each water management district shall be responsible
185    for planning and coordinating restoration or protection
186    strategies for the priority water bodies within the district
187    which have been approved by the department as water bodies of
188    regional and statewide significance in need of protection or
189    restoration.The governing board of the appropriate water
190    management district shall hold at least one public hearing and
191    public workshopworkshops in the vicinity of a prioritythe
192    water body for which a plan is being developed to obtainunder
193    consideration as may be necessary for obtainingpublic input
194    prior to finalizing the surface water improvement and management
195    planplans for the water bodybodies on the priority list. The
196    water management district shall then forward a copy of the plan
197    plans to the department, the Fish and Wildlife Conservation
198    Commission, the Department of Agriculture and Consumer Services,
199    and to appropriate local governmental units for their review and
200    comment within 45 calendar days after the date the plan is
201    forwarded to them. The department shall specifically comment on
202    the likelihood that implementing the plan will significantly
203    improve or protect water quality and associated natural systems.
204    At the end of the 45-day review period, the water management
205    district may proceed to approve the plan, whether or not
206    comments have been submitted. Approval of a surface water
207    improvement and management plan is not subject to the rule
208    adoption requirements of chapter 120.
209          (4) Plans shall be updated as necessary to ensure that
210    they effectively address the restoration and protection needs of
211    the priority water bodies and that they reflect current
212    scientific understandings and budgetary adjustments. If a
213    district determines that modifications of or additions to a plan
214    are necessary, such modifications or additions shall be subject
215    to the review process established in this section.Each
216    September 1, the water management districts shall submit a
217    funding proposal for the next state fiscal year to the
218    department for its review and approval. The proposal shall
219    specify the activities that need state funding and the amounts
220    of funding, and shall describe the specific restoration or
221    protection activities proposed. The department shall review
222    water management district funding proposals and shall consider
223    them in making its annual budget request.
224          (5) The governing board of each water management district
225    is encouraged to appoint advisory committees as necessary to
226    assist in formulating and evaluating strategies for water body
227    protection and restoration activities and to increase public
228    awareness and intergovernmental cooperation. Such committees
229    should include representatives of the Fish and Wildlife
230    Conservation Commission, the Department of Agriculture and
231    Consumer Services, appropriate local governments, state and
232    federal agencies, existing advisory councils for the priority
233    subjectwater body, and representatives of the public who use
234    the water body.
235          (6) The water management districts may contract with
236    appropriate state, local, and regional agencies and others to
237    perform various tasks associated with the development and
238    implementation of thesurface water improvement and management
239    plans and programs.
240          Section 4. Section 373.459, Florida Statutes, is amended
241    to read:
242          373.459 Funds for surface water improvement and
243    management.--
244          (1) Legislative appropriations provided to the water
245    management districts for surface water improvement and
246    management activities shall be available for detailed planning
247    and plan and program implementation.
248          (2)(1)The Ecosystem Management and Restoration Trust Fund
249    shall be used for the deposit of funds appropriated by the
250    Legislature for the purposes of ss. 373.451-373.4595. The
251    department shall administer all funds appropriated to or
252    received for surface water improvement and management
253    activities. Expenditure of the moneys shall be limited to the
254    costs of detailed planning for and plan and program
255    implementation of programs prepared for priority surface water
256    bodieswaters. Moneys from the fund shall not be expended for
257    planning for, or construction or expansion of, treatment
258    facilities for domestic or industrial waste disposal.
259          (3)(2) The secretary of thedepartment shall authorize the
260    release of money from the fund in accordance with the provisions
261    of s. 373.501(2) and procedures in s. 373.59(4) and (5)within
262    30 days after receipt of a request adopted by the governing
263    board of a water management district or by the executive
264    director when authority has been delegated by the governing
265    board, certifying that the money is needed for detailed planning
266    for or implementation of plans approved pursuant to ss. 373.453,
267    373.455, and 373.456. A water management district may not
268    receive more than 50 percent of the moneys appropriated to the
269    fund for the purposes of ss. 373.451-373.4595 in any fiscal year
270    unless otherwise provided for by law. Each year after funds are
271    appropriated, each water management district shall receive the
272    amount requested pursuant to s. 373.453(4) or 10 percent of the
273    money appropriated for the purposes of ss. 373.451-373.4595,
274    whichever is less. The department shall allocate the remaining
275    money in the appropriation for such purposes annually, based
276    upon the specific needs of the districts. The department, at its
277    discretion, may include any funds allocated to a district for
278    such purposes in previous years which remain unencumbered by the
279    district on July 1, to the amount of money to be distributed
280    based upon specific needs of the districts.
281          (3) The amount of money that may be released to a water
282    management district from the fund for approved plans, or
283    continuations of approved plans, to improve and manage the
284    surface waters described in ss. 373.451-373.4595 is limited to
285    not more than 60 percent of the amount of money necessary for
286    the approved plans of the South Florida Water Management
287    District, the Southwest Florida Water Management District, and
288    the St. Johns River Water Management District, and not more than
289    80 percent of the amount of money necessary for the approved
290    plans of the Northwest Florida Water Management District and the
291    Suwannee River Water Management District. The remaining funds
292    necessary for the approved plans shall be provided by the
293    district.
294          (4) Moneys in the fund thatwhichare not needed to meet
295    current obligations incurred under this section shall be
296    transferred to the State Board of Administration, to the credit
297    of the trust fund, to be invested in the manner provided by law.
298    Interest received on such investments shall be credited to the
299    trust fund.
300          Section 5. Sections 373.455, 373.456, and 373.457, Florida
301    Statutes, are repealed.
302          Section 6. Paragraph (b) of subsection (3) of section
303    259.101, Florida Statutes, is amended to read:
304          259.101 Florida Preservation 2000 Act.--
305          (3) LAND ACQUISITION PROGRAMS SUPPLEMENTED.--Less the
306    costs of issuance, the costs of funding reserve accounts, and
307    other costs with respect to the bonds, the proceeds of bonds
308    issued pursuant to this act shall be deposited into the Florida
309    Preservation 2000 Trust Fund created by s. 375.045. In fiscal
310    year 2000-2001, for each Florida Preservation 2000 program
311    described in paragraphs (a)-(g), that portion of each program's
312    total remaining cash balance which, as of June 30, 2000, is in
313    excess of that program's total remaining appropriation balances
314    shall be redistributed by the department and deposited into the
315    Save Our Everglades Trust Fund for land acquisition. For
316    purposes of calculating the total remaining cash balances for
317    this redistribution, the Florida Preservation 2000 Series 2000
318    bond proceeds, including interest thereon, and the fiscal year
319    1999-2000 General Appropriations Act amounts shall be deducted
320    from the remaining cash and appropriation balances,
321    respectively. The remaining proceeds shall be distributed by the
322    Department of Environmental Protection in the following manner:
323          (b) Thirty percent to the Department of Environmental
324    Protection for the purchase of water management lands pursuant
325    to s. 373.59, to be distributed among the water management
326    districts as provided in that section. Funds received by each
327    district may also be used for acquisition of lands necessary to
328    implement surface water improvement and management plans
329    approved in accordance with s. 373.456or for acquisition of
330    lands necessary to implement the Everglades Construction Project
331    authorized by s. 373.4592.
332         
333          Local governments may use federal grants or loans, private
334    donations, or environmental mitigation funds, including
335    environmental mitigation funds required pursuant to s. 338.250,
336    for any part or all of any local match required for the purposes
337    described in this subsection. Bond proceeds allocated pursuant
338    to paragraph (c) may be used to purchase lands on the priority
339    lists developed pursuant to s. 259.035. Title to lands purchased
340    pursuant to paragraphs (a), (d), (e), (f), and (g) shall be
341    vested in the Board of Trustees of the Internal Improvement
342    Trust Fund. Title to lands purchased pursuant to paragraph (c)
343    may be vested in the Board of Trustees of the Internal
344    Improvement Trust Fund. The board of trustees shall hold title
345    to land protection agreements and conservation easements that
346    were or will be acquired pursuant to s. 380.0677, and the
347    Southwest Florida Water Management District and the St. Johns
348    River Water Management District shall monitor such agreements
349    and easements within their respective districts until the state
350    assumes this responsibility.
351          Section 7. Paragraph (a) of subsection (6) of section
352    373.4136, Florida Statutes, is amended to read:
353          373.4136 Establishment and operation of mitigation
354    banks.--
355          (6) MITIGATION SERVICE AREA.--The department or water
356    management district shall establish a mitigation service area
357    for each mitigation bank permit. The department or water
358    management district shall notify and consider comments received
359    on the proposed mitigation service area from each local
360    government within the proposed mitigation service area. Except
361    as provided herein, mitigation credits may be withdrawn and used
362    only to offset adverse impacts in the mitigation service area.
363    The boundaries of the mitigation service area shall depend upon
364    the geographic area where the mitigation bank could reasonably
365    be expected to offset adverse impacts. Mitigation service areas
366    may overlap, and mitigation service areas for two or more
367    mitigation banks may be approved for a regional watershed.
368          (a) In determining the boundaries of the mitigation
369    service area, the department or the water management district
370    shall consider the characteristics, size, and location of the
371    mitigation bank and, at a minimum, the extent to which the
372    mitigation bank:
373          1. Contributes to a regional integrated ecological
374    network;
375          2. Will significantly enhance the water quality or
376    restoration of an offsite receiving water body that is
377    designated as an Outstanding Florida Water, a Wild and Scenic
378    River, an aquatic preserve, a water body designated in a plan
379    adopted pursuant to s. 373.456 ofthe Surface Water Improvement
380    and Management Act, or a nationally designated estuarine
381    preserve;
382          3. Will provide for the long-term viability of endangered
383    or threatened species or species of special concern;
384          4. Is consistent with the objectives of a regional
385    management plan adopted or endorsed by the department or water
386    management districts; and
387          5. Can reasonably be expected to offset specific types of
388    wetland impacts within a specific geographic area. A mitigation
389    bank need not be able to offset all expected impacts within its
390    service area.
391          Section 8. Paragraph (b) of subsection (3) and paragraph
392    (a) of subsection (7) of section 403.067, Florida Statutes, are
393    amended to read:
394          403.067 Establishment and implementation of total maximum
395    daily loads.--
396          (3) ASSESSMENT.--
397          (b) The department shall adopt by rule a methodology for
398    determining those waters which are impaired. The rule shall
399    provide for consideration as to whether water quality standards
400    codified in chapter 62-302, Florida Administrative Code, are
401    being exceeded, based on objective and credible data, studies
402    and reports, including surface water improvement and management
403    plans approved by water management districts under s. 373.456
404    and pollutant load reduction goals developed according to
405    department rule. Such rule also shall set forth:
406          1. Water quality sample collection and analysis
407    requirements, accounting for ambient background conditions,
408    seasonal and other natural variations;
409          2. Approved methodologies;
410          3. Quality assurance and quality control protocols;
411          4. Data modeling; and
412          5. Other appropriate water quality assessment measures.
413          (7) IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--
414          (a) The department shall be the lead agency in
415    coordinating the implementation of the total maximum daily loads
416    through water quality protection programs. Application of a
417    total maximum daily load by a water management district shall be
418    consistent with this section and shall not require the issuance
419    of an order or a separate action pursuant to s. 120.536(1) or s.
420    120.54 for adoption of the calculation and allocation previously
421    established by the department. Such programs may include, but
422    are not limited to:
423          1. Permitting and other existing regulatory programs;
424          2. Nonregulatory and incentive-based programs, including
425    best management practices, cost sharing, waste minimization,
426    pollution prevention, and public education;
427          3. Other water quality management and restoration
428    activities, for example surface water improvement and management
429    plans approved by water management districts under s. 373.456or
430    watershed or basin management plans developed pursuant to this
431    subsection;
432          4. Pollutant trading or other equitable economically based
433    agreements;
434          5. Public works including capital facilities; or
435          6. Land acquisition.
436          Section 9. Paragraph (e) of subsection (7) of section
437    403.1835, Florida Statutes, is amended to read:
438          403.1835 Water pollution control financial assistance.--
439          (7) Eligible projects must be given priority according to
440    the extent each project is intended to remove, mitigate, or
441    prevent adverse effects on surface or ground water quality and
442    public health. The relative costs of achieving environmental and
443    public health benefits must be taken into consideration during
444    the department's assignment of project priorities. The
445    department shall adopt a priority system by rule. In developing
446    the priority system, the department shall give priority to
447    projects that:
448          (e) Assist in the implementation of surface water
449    improvement and management plans approved under s. 373.456and
450    pollutant load reduction goals developed under state water
451    policy;
452          Section 10. This act shall take effect upon becoming a
453    law.