HB 0155CS

CHAMBER ACTION




1The Water & Natural Resources Committee recommends the
2following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to the Lake Okeechobee Protection Program;
8amending s. 373.4595, F.S.; providing legislative findings
9and intent with respect to implementation and funding of
10the Lake Okeechobee Watershed Phosphorus Control Program
11and the Lake Okeechobee Protection Program; revising a
12definition; providing that the Department of Agriculture
13and Consumer Services, the Department of Environmental
14Protection, and the South Florida Water Management
15District be jointly responsible for implementing the Lake
16Okeechobee Protection Plan; requiring that annual funding
17priorities be jointly established; providing criteria for
18determining funding priorities; repealing obsolete
19provisions; providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Subsections (1) through (3) of section
24373.4595, Florida Statutes, are amended to read:
25     373.4595  Lake Okeechobee Protection Program.--
26     (1)  FINDINGS AND INTENT.--
27     (a)  The Legislature finds that Lake Okeechobee is one of
28the most important water resources of the state, providing many
29functions benefiting the public interest, including
30agricultural, public, and environmental water supply; flood
31control; fishing; navigation and recreation; and habitat to
32endangered and threatened species and other flora and fauna.
33     (b)  The Legislature finds that land uses in the Lake
34Okeechobee watershed and the construction of the Central and
35Southern Florida Project have resulted in adverse changes to the
36hydrology and water quality of Lake Okeechobee. These hydrology
37and water quality changes have resulted in algal blooms and
38other adverse impacts to water quality both in Lake Okeechobee
39and in downstream receiving waters.
40     (c)  The Legislature finds that improvement to the
41hydrology and water quality of Lake Okeechobee is essential to
42the protection of the Everglades.
43     (d)  The Legislature also finds that it is imperative for
44the state, local governments, and agricultural and environmental
45communities to commit to restoring and protecting Lake
46Okeechobee and downstream receiving waters, and that a
47watershed-based approach to address these issues must be
48developed and implemented immediately.
49     (e)  The Legislature finds that phosphorus loads from the
50Lake Okeechobee watershed have contributed to excessive
51phosphorus levels in Lake Okeechobee and downstream receiving
52waters and that a reduction in levels of phosphorus will benefit
53the ecology of these systems. The excessive levels of phosphorus
54have also resulted in an accumulation of phosphorus in the
55sediments of Lake Okeechobee. If not removed, internal
56phosphorus loads from the sediments are expected to delay
57responses of the lake to external phosphorus reductions.
58     (f)  The Legislature finds that the Lake Okeechobee
59phosphorus loads set forth in the South Florida Water Management
60District's Technical Publication 81-2 represent an appropriate
61basis for the initial phase of phosphorus load reductions to
62Lake Okeechobee and that subsequent phases of phosphorus load
63reductions shall be determined by the total maximum daily loads
64established in accordance with s. 403.067.
65     (g)  The Legislature finds that this section, in
66conjunction with s. 403.067, provides a reasonable means of
67achieving and maintaining compliance with state water quality
68standards.
69     (h)  The Legislature finds that the implementation of the
70programs contained in this section is for the benefit of the
71public health, safety, and welfare and is in the public
72interest.
73     (i)  The Legislature finds that sufficient research has
74been conducted and sufficient plans developed to immediately
75initiate the first phase of a program to address the hydrology
76and water quality problems in Lake Okeechobee and downstream
77receiving waters.
78     (j)  The Legislature finds that in order to achieve the
79goals and objectives of this section and to effectively
80implement the Lake Okeechobee Watershed Phosphorus Control
81Program pursuant to paragraph (3)(c), the state must
82expeditiously implement the Lake Okeechobee Protection Plan
83developed pursuant to paragraph (3)(a).
84     (k)  The Legislature finds that a continuing source of
85funding is needed to effectively implement a phosphorus control
86program that initially targets the most significant sources
87contributing to phosphorus loads within the watershed and
88continues to address other sources as needed to achieve the
89phased phosphorus load reductions required under this section.
90     (l)(j)  It is the intent of the Legislature to achieve and
91maintain compliance with water quality standards in Lake
92Okeechobee and downstream receiving waters through a phased,
93comprehensive, and innovative protection program to reduce both
94internal and external phosphorus loads to Lake Okeechobee
95through immediate actions to achieve the phosphorus load
96reductions set forth in Technical Publication 81-2 and long-term
97solutions based upon the total maximum daily loads established
98in accordance with s. 403.067. This program shall be watershed-
99based, shall provide for consideration of all potential
100phosphorus sources, and shall include research and monitoring,
101development and implementation of best management practices,
102refinement of existing regulations, and structural and
103nonstructural projects, including public works.
104     (m)(k)  It is the intent of the Legislature that the Lake
105Okeechobee Protection Program be developed and implemented in
106coordination with and, to the greatest extent practicable,
107through the implementation of Restudy project components and
108other federal programs in order to maximize opportunities for
109the most efficient and timely expenditures of public funds.
110     (n)(l)  It is the intent of the Legislature that the
111coordinating agencies encourage and support the development of
112creative public-private partnerships and programs, including
113opportunities for pollutant trading and credits, to facilitate
114or further the restoration of Lake Okeechobee, consistent with
115s. 403.067.
116     (o)  It is the intent of the Legislature to provide funding
117on a continuing basis for the purpose of implementing the Lake
118Okeechobee Protection Plan and achieving phosphorus load
119reductions consistent with total maximum daily loads established
120pursuant to s. 403.067.
121     (2)  DEFINITIONS.--As used in this section:
122     (a)  "Best management practice" means a practice or
123combination of practices determined by the coordinating
124agencies, based on research, field-testing, and expert review,
125to be the most effective and practicable on-location means,
126including economic and technological considerations, for
127improving water quality in agricultural and urban discharges.
128Best management practices for agricultural discharges shall
129reflect a balance between water quality improvements and
130agricultural productivity.
131     (b)  "Coordinating agencies" means the Department of
132Agriculture and Consumer Services, the Department of
133Environmental Protection, and the South Florida Water Management
134District.
135     (c)  "Corps of Engineers" means the United States Army
136Corps of Engineers.
137     (d)  "Department" means the Department of Environmental
138Protection.
139     (e)  "District" means the South Florida Water Management
140District.
141     (f)  "District's WOD program" means the program implemented
142pursuant to rules adopted as authorized by this section and ss.
143373.016, 373.044, 373.085, 373.086, 373.109, 373.113, 373.118,
144373.451, and 373.453, entitled "Works of the District Basin."
145     (g)  "Lake Okeechobee Construction Project" means the
146construction project developed pursuant to paragraph (3)(b).
147     (h)  "Lake Okeechobee Protection Plan" means the plan
148developed pursuant to this section and ss. 373.451-373.459.
149     (i)  "Lake Okeechobee watershed" means Lake Okeechobee and
150the area surrounding and tributary to Lake Okeechobee, composed
151of the 39 surrounding hydrologic basins, as defined by the Lake
152Okeechobee Protection Plan dated January 1, 2004 South Florida
153Water Management District SWIM Plan Update dated August 8, 1997.
154     (j)  "Lake Okeechobee Watershed Phosphorus Control Program"
155means the program developed pursuant to paragraph (3)(c).
156     (k)  "Project component" means any structural or
157operational change, resulting from the Restudy, to the Central
158and Southern Florida Project as it existed and was operated as
159of January 1, 1999.
160     (l)  "Restudy" means the Comprehensive Review Study of the
161Central and Southern Florida Project, for which federal
162participation was authorized by the Federal Water Resources
163Development Acts of 1992 and 1996 together with related
164Congressional resolutions and for which participation by the
165South Florida Water Management District is authorized by s.
166373.1501. The term includes all actions undertaken pursuant to
167the aforementioned authorizations which will result in
168recommendations for modifications or additions to the Central
169and Southern Florida Project.
170     (m)  "Total maximum daily load" means the sum of the
171individual wasteload allocations for point sources and the load
172allocations for nonpoint sources and natural background. Prior
173to determining individual wasteload allocations and load
174allocations, the maximum amount of a pollutant that a water body
175or water segment can assimilate from all sources without
176exceeding water quality standards must first be calculated.
177     (3)  LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection
178program for Lake Okeechobee that achieves phosphorus load
179reductions for Lake Okeechobee shall be immediately implemented
180as specified in this subsection. The program shall address the
181reduction of phosphorus loading to the lake from both internal
182and external sources. Phosphorus load reductions shall be
183achieved through a phased program of implementation. Initial
184implementation actions shall be technology-based, based upon a
185consideration of both the availability of appropriate technology
186and the cost of such technology, and shall include phosphorus
187reduction measures at both the source and the regional level.
188The initial phase of phosphorus load reductions shall be based
189upon the district's Technical Publication 81-2 and the
190district's WOD program, with subsequent phases of phosphorus
191load reductions based upon the total maximum daily loads
192established in accordance with s. 403.067. In the development
193and administration of the Lake Okeechobee Protection Program,
194the coordinating agencies shall maximize opportunities provided
195by federal cost-sharing programs and opportunities for
196partnerships with the private sector.
197     (a)  Lake Okeechobee Protection Plan.--By January 1, 2004,
198The district, in cooperation with the other coordinating
199agencies, shall complete a Lake Okeechobee Protection Plan in
200accordance with this section and ss. 373.451-373.459. The plan
201shall contain an implementation schedule for subsequent phases
202of phosphorus load reduction consistent with the total maximum
203daily loads established in accordance with s. 403.067. The plan
204shall consider and build upon a review and analysis of the
205following:
206     1.  The performance of projects constructed during Phase I
207of the Lake Okeechobee Construction Project, pursuant to
208paragraph (b).
209     2.  Relevant information resulting from the Lake Okeechobee
210Watershed Phosphorus Control Program, pursuant to paragraph (c).
211     3.  Relevant information resulting from the Lake Okeechobee
212Research and Water Quality Monitoring Program, pursuant to
213paragraph (d).
214     4.  Relevant information resulting from the Lake Okeechobee
215Exotic Species Control Program, pursuant to paragraph (e).
216     5.  Relevant information resulting from the Lake Okeechobee
217Internal Phosphorus Management Program, pursuant to paragraph
218(f).
219     (b)  Lake Okeechobee Construction Project.--To improve the
220hydrology and water quality of Lake Okeechobee and downstream
221receiving waters, the district shall design and construct the
222Lake Okeechobee Construction Project.
223     1.  Phase I.--Phase I of the Lake Okeechobee Construction
224Project shall consist of a series of project features consistent
225with the recommendations of the South Florida Ecosystem
226Restoration Working Group's Lake Okeechobee Action Plan.
227Priority basins for such projects include S-191, S-154, and
228Pools D and E in the Lower Kissimmee River. In order to obtain
229immediate phosphorus load reductions to Lake Okeechobee as soon
230as possible, the following actions shall be implemented:
231     a.  The district shall serve as a full partner with the
232Corps of Engineers in the design and construction of the Grassy
233Island Ranch and New Palm Dairy stormwater treatment facilities
234as components of the Lake Okeechobee Water Retention/Phosphorus
235Removal Critical Project. The Corps of Engineers shall have the
236lead in design and construction of these facilities. However,
237the district shall encourage the Corps of Engineers to complete
238a detailed design document by July 1, 2001. Should delays be
239encountered in the implementation of either of these facilities,
240the district shall notify the department and recommend
241corrective actions.
242     b.  By January 1, 2001, The district shall obtain permits
243and complete construction of two of the isolated wetland
244restoration projects that are part of the Lake Okeechobee Water
245Retention/Phosphorus Removal Critical Project. The additional
246isolated wetland projects included in this critical project
247shall be permitted and constructed by January 1, 2003, to
248further reduce phosphorus loading to Lake Okeechobee.
249     c.  By January 31, 2002, the district shall design and
250complete implementation of the Lake Okeechobee Tributary
251Sediment Removal Pilot Project. This project shall consist of
252testing two alternative technologies for trapping and collecting
253phosphorus-laden sediment in the secondary drainage system prior
254to its discharge into the primary canal system and Lake
255Okeechobee, thereby further reducing the total sediment loading
256to the lake.
257     c.d.  The district shall work with the Corps of Engineers
258to expedite initiation of the design process for the Taylor
259Creek/Nubbins Slough Reservoir Assisted Stormwater Treatment
260Area, a project component of the Restudy. The district shall
261propose to the Corps of Engineers that the district take the
262lead in the design and construction of the Reservoir Assisted
263Stormwater Treatment Area and receive credit towards the local
264share of the total cost of the Restudy.
265     2.  Phase II.--By January 1, 2004, The district, in
266cooperation with the other coordinating agencies and the Corps
267of Engineers, shall develop an implementation plan for Phase II
268of the Lake Okeechobee Construction Project. Phase II shall
269include construction of additional facilities in the priority
270basins identified in subparagraph (b)1., as well as facilities
271for other basins in the Lake Okeechobee watershed. The
272implementation plan shall:
273     a.  Identify Lake Okeechobee Construction Project
274facilities to be constructed to achieve a design objective of 40
275parts per billion (ppb) for phosphorus measured as a long-term
276flow weighted average concentration, unless an allocation has
277been established pursuant to s. 403.067 for the Lake Okeechobee
278total maximum daily load.
279     b.  Identify the size and location of all such Lake
280Okeechobee Construction Project facilities.
281     c.  Provide a construction schedule for all such Lake
282Okeechobee Construction Project facilities, including the
283sequencing and specific timeframe for construction of each Lake
284Okeechobee Construction Project facility.
285     d.  Provide a land acquisition schedule for lands necessary
286to achieve the construction schedule.
287     e.  Provide a detailed schedule of costs associated with
288the construction schedule.
289     f.  Identify, to the maximum extent practicable, impacts on
290wetlands and state-listed species expected to be associated with
291construction of such facilities, including potential
292alternatives to minimize and mitigate such impacts, as
293appropriate.
294     3.  Evaluation.--By January 1, 2004, and every 3 years
295thereafter, the district, in cooperation with the coordinating
296agencies, shall conduct an evaluation of any further phosphorus
297load reductions necessary to achieve compliance with the Lake
298Okeechobee total maximum daily load established pursuant to s.
299403.067. Additionally, the district shall identify modifications
300to facilities of the Lake Okeechobee Construction Project as
301appropriate if the design objective of 40 parts per billion
302(ppb) or the allocation established pursuant to s. 403.067 for
303the Lake Okeechobee total maximum daily load established
304pursuant to s. 403.067 is not being met. The evaluation shall be
305included in the applicable annual progress report submitted
306pursuant to paragraph (h)(g).
307     4.  Coordination and review.--To ensure the timely
308implementation of the Lake Okeechobee Construction Project, the
309design of project facilities shall be coordinated with the
310department and other interested parties to the maximum extent
311practicable. Lake Okeechobee Construction Project facilities
312shall be reviewed and commented upon by the department prior to
313the execution of a construction contract by the district for
314that facility.
315     (c)  Lake Okeechobee Watershed Phosphorus Control
316Program.--The Lake Okeechobee Watershed Phosphorus Control
317Program is designed to be a multifaceted approach to reducing
318phosphorus loads by improving the management of phosphorus
319sources within the Lake Okeechobee watershed through continued
320implementation of existing regulations and best management
321practices, development and implementation of improved best
322management practices, improvement and restoration of the
323hydrologic function of natural and managed systems, and
324utilization of alternative technologies for nutrient reduction.
325The coordinating agencies shall facilitate the application of
326federal programs that offer opportunities for water quality
327treatment, including preservation, restoration, or creation of
328wetlands on agricultural lands.
329     1.  Agricultural nonpoint source best management practices,
330developed in accordance with s. 403.067 and designed to achieve
331the objectives of the Lake Okeechobee Protection Program, shall
332be implemented on an expedited basis. By March 1, 2001, The
333coordinating agencies shall develop an interagency agreement
334pursuant to ss. 373.046 and 373.406(5) that assures the
335development of best management practices that complement
336existing regulatory programs and specifies how those best
337management practices are implemented and verified. The
338interagency agreement shall address measures to be taken by the
339coordinating agencies during any best management practice
340reevaluation performed pursuant to sub-subparagraph d. The
341department shall use best professional judgment in making the
342initial determination of best management practice effectiveness.
343     a.  As provided in s. 403.067(7)(d), by October 1, 2000,
344the Department of Agriculture and Consumer Services, in
345consultation with the department, the district, and affected
346parties, shall initiate rule development for interim measures,
347best management practices, conservation plans, nutrient
348management plans, or other measures necessary for Lake
349Okeechobee phosphorus load reduction. The rule shall include
350thresholds for requiring conservation and nutrient management
351plans and criteria for the contents of such plans. Development
352of agricultural nonpoint source best management practices shall
353initially focus on those priority basins listed in subparagraph
354(b)1. The Department of Agriculture and Consumer Services, in
355consultation with the department, the district, and affected
356parties, shall conduct an ongoing program for improvement of
357existing and development of new interim measures or best
358management practices for the purpose of adoption of such
359practices by rule.
360     b.  Where agricultural nonpoint source best management
361practices or interim measures have been adopted by rule of the
362Department of Agriculture and Consumer Services, the owner or
363operator of an agricultural nonpoint source addressed by such
364rule shall either implement interim measures or best management
365practices or demonstrate compliance with the district's WOD
366program by conducting monitoring prescribed by the department or
367the district. Owners or operators of agricultural nonpoint
368sources who implement interim measures or best management
369practices adopted by rule of the Department of Agriculture and
370Consumer Services shall be subject to the provisions of s.
371403.067(7). The Department of Agriculture and Consumer Services,
372in cooperation with the department and the district, shall
373provide technical and financial assistance for implementation of
374agricultural best management practices, subject to the
375availability of funds.
376     c.  The district or department shall conduct monitoring at
377representative sites to verify the effectiveness of agricultural
378nonpoint source best management practices.
379     d.  Where water quality problems are detected for
380agricultural nonpoint sources despite the appropriate
381implementation of adopted best management practices, the
382Department of Agriculture and Consumer Services, in consultation
383with the other coordinating agencies and affected parties, shall
384institute a reevaluation of the best management practices and
385make appropriate changes to the rule adopting best management
386practices.
387     2.  Nonagricultural nonpoint source best management
388practices, developed in accordance with s. 403.067 and designed
389to achieve the objectives of the Lake Okeechobee Protection
390Program, shall be implemented on an expedited basis. By March 1,
3912001, The department and the district shall develop an
392interagency agreement pursuant to ss. 373.046 and 373.406(5)
393that assures the development of best management practices that
394complement existing regulatory programs and specifies how those
395best management practices are implemented and verified. The
396interagency agreement shall address measures to be taken by the
397department and the district during any best management practice
398reevaluation performed pursuant to sub-subparagraph d.
399     a.  The department and the district are directed to work
400with the University of Florida's Institute of Food and
401Agricultural Sciences to develop appropriate nutrient
402application rates for all nonagricultural soil amendments in the
403watershed. As provided in s. 403.067(7)(c), by January 1, 2001,
404the department, in consultation with the district and affected
405parties, shall develop interim measures, best management
406practices, or other measures necessary for Lake Okeechobee
407phosphorus load reduction. Development of nonagricultural
408nonpoint source best management practices shall initially focus
409on those priority basins listed in subparagraph (b)1. The
410department, the district, and affected parties shall conduct an
411ongoing program for improvement of existing and development of
412new interim measures or best management practices. The district
413shall adopt technology-based standards under the district's WOD
414program for nonagricultural nonpoint sources of phosphorus.
415     b.  Where nonagricultural nonpoint source best management
416practices or interim measures have been developed by the
417department and adopted by the district, the owner or operator of
418a nonagricultural nonpoint source shall implement interim
419measures or best management practices and be subject to the
420provisions of s. 403.067(7). The department and district shall
421provide technical and financial assistance for implementation of
422nonagricultural nonpoint source best management practices,
423subject to the availability of funds.
424     c.  The district or the department shall conduct monitoring
425at representative sites to verify the effectiveness of
426nonagricultural nonpoint source best management practices.
427     d.  Where water quality problems are detected for
428nonagricultural nonpoint sources despite the appropriate
429implementation of adopted best management practices, the
430department and the district shall institute a reevaluation of
431the best management practices.
432     3.  The provisions of subparagraphs 1. and 2. shall not
433preclude the department or the district from requiring
434compliance with water quality standards or with current best
435management practices requirements set forth in any applicable
436regulatory program authorized by law for the purpose of
437protecting water quality. Additionally, subparagraphs 1. and 2.
438are applicable only to the extent that they do not conflict with
439any rules promulgated by the department that are necessary to
440maintain a federally delegated or approved program.
441     4.  Projects which reduce the phosphorus load originating
442from domestic wastewater systems within the Lake Okeechobee
443watershed shall be given funding priority in the department's
444revolving loan program under s. 403.1835. The department shall
445coordinate and provide assistance to those local governments
446seeking financial assistance for such priority projects.
447     5.  Projects that make use of private lands, or lands held
448in trust for Indian tribes, to reduce nutrient loadings or
449concentrations within a basin by one or more of the following
450methods: restoring the natural hydrology of the basin, restoring
451wildlife habitat or impacted wetlands, reducing peak flows after
452storm events, increasing aquifer recharge, or protecting range
453and timberland from conversion to development, are eligible for
454grants available under this section from the coordinating
455agencies.  For projects of otherwise equal priority, special
456funding priority will be given to those projects that make best
457use of the methods outlined above that involve public-private
458partnerships or that obtain federal match money. Preference
459ranking above the special funding priority will be given to
460projects located in a rural area of critical economic concern
461designated by the Governor. Grant applications may be submitted
462by any person or tribal entity, and eligible projects may
463include, but are not limited to, the purchase of conservation
464and flowage easements, hydrologic restoration of wetlands,
465creating treatment wetlands, development of a management plan
466for natural resources, and financial support to implement a
467management plan.
468     6.a.  The department shall require all entities disposing
469of domestic wastewater residuals within the Lake Okeechobee
470watershed and the remaining areas of Okeechobee, Glades, and
471Hendry Counties to develop and submit to the department an
472agricultural use plan that limits applications based upon
473phosphorus loading. By July 1, 2005, phosphorus concentrations
474originating from these application sites shall not exceed the
475limits established in the district's WOD program.
476     b.  Private and government-owned utilities within Monroe,
477Dade, Broward, Palm Beach, Martin, St. Lucie, Indian River,
478Okeechobee, Highlands, Hendry, and Glades Counties that dispose
479of wastewater residual sludge from utility operations and septic
480removal by land spreading in the Lake Okeechobee watershed may
481use a line item on local sewer rates to cover wastewater
482residual treatment and disposal if such disposal and treatment
483is done by approved alternative treatment methodology at a
484facility located within the areas designated by the Governor as
485rural areas of critical economic concern pursuant to s.
486288.0656. This additional line item is an environmental
487protection disposal fee above the present sewer rate and shall
488not be considered a part of the present sewer rate to customers,
489notwithstanding provisions to the contrary in chapter 367. The
490fee shall be established by the county commission or its
491designated assignee in the county in which the alternative
492method treatment facility is located. The fee shall be
493calculated to be no higher than that necessary to recover the
494facility's prudent cost of providing the service. Upon request
495by an affected county commission, the Florida Public Service
496Commission will provide assistance in establishing the fee.
497Further, for utilities and utility authorities that use the
498additional line item environmental protection disposal fee, such
499fee shall not be considered a rate increase under the rules of
500the Public Service Commission and shall be exempt from such
501rules. Utilities using the provisions of this section may
502immediately include in their sewer invoicing the new
503environmental protection disposal fee. Proceeds from this
504environmental protection disposal fee shall be used for
505treatment and disposal of wastewater residuals, including any
506treatment technology that helps reduce the volume of residuals
507that require final disposal, but such proceeds shall not be used
508for transportation or shipment costs for disposal or any costs
509relating to the land application of residuals in the Lake
510Okeechobee watershed.
511     c.  No less frequently than once every 3 years, the Florida
512Public Service Commission or the county commission through the
513services of an independent auditor shall perform a financial
514audit of all facilities receiving compensation from an
515environmental protection disposal fee. The Florida Public
516Service Commission or the county commission through the services
517of an independent auditor shall also perform an audit of the
518methodology used in establishing the environmental protection
519disposal fee. The Florida Public Service Commission or the
520county commission shall, within 120 days after completion of an
521audit, file the audit report with the President of the Senate
522and the Speaker of the House of Representatives and shall
523provide copies to the county commissions of the counties set
524forth in sub-subparagraph b. The books and records of any
525facilities receiving compensation from an environmental
526protection disposal fee shall be open to the Florida Public
527Service Commission and the Auditor General for review upon
528request.
529     7.  The Department of Health shall require all entities
530disposing of septage within the Lake Okeechobee watershed and
531the remaining areas of Okeechobee, Glades, and Hendry Counties
532to develop and submit to that agency, by July 1, 2003, an
533agricultural use plan that limits applications based upon
534phosphorus loading. By July 1, 2005, phosphorus concentrations
535originating from these application sites shall not exceed the
536limits established in the district's WOD program.
537     8.  The Department of Agriculture and Consumer Services
538shall initiate rulemaking requiring entities within the Lake
539Okeechobee watershed and the remaining areas of Okeechobee,
540Glades, and Hendry Counties which land-apply animal manure to
541develop conservation or nutrient management plans that limit
542application, based upon phosphorus loading. Such rules may
543include criteria and thresholds for the requirement to develop a
544conservation or nutrient management plan, requirements for plan
545approval, and recordkeeping requirements.
546     9.  Prior to authorizing a discharge into works of the
547district, the district shall require responsible parties to
548demonstrate that proposed changes in land use will not result in
549increased phosphorus loading over that of existing land uses.
550     10.  The district, the department, or the Department of
551Agriculture and Consumer Services, as appropriate, shall
552implement those alternative nutrient reduction technologies
553determined to be feasible pursuant to subparagraph (d)6.
554     (d)  Lake Okeechobee Research and Water Quality Monitoring
555Program.--By January 1, 2001, The district, in cooperation with
556the other coordinating agencies, shall establish a Lake
557Okeechobee Research and Water Quality Monitoring Program that
558builds upon the district's existing Lake Okeechobee research
559program. The program shall:
560     1.  Evaluate all available existing water quality data
561concerning total phosphorus in the Lake Okeechobee watershed,
562develop a water quality baseline to represent existing
563conditions for total phosphorus, monitor long-term ecological
564changes, including water quality for total phosphorus, and
565measure compliance with water quality standards for total
566phosphorus, including the total maximum daily load for Lake
567Okeechobee as established pursuant to s. 403.067. The district
568shall also implement a total phosphorus monitoring program at
569all inflow structures to Lake Okeechobee.
570     2.  By July 1, 2003, Develop a Lake Okeechobee water
571quality model that reasonably represents phosphorus dynamics of
572the lake and incorporates an uncertainty analysis associated
573with model predictions.
574     3.  By July 1, 2003, Determine the relative contribution of
575phosphorus from all identifiable sources and all primary and
576secondary land uses.
577     4.  By July 1, 2003, Conduct an assessment of the sources
578of phosphorus from the Upper Kissimmee Chain-of-Lakes and Lake
579Istokpoga, and their relative contribution to the water quality
580of Lake Okeechobee. The results of this assessment shall be used
581by the coordinating agencies to develop interim measures, best
582management practices, or regulation, as applicable.
583     5.  By July 1, 2003, Assess current water management
584practices within the Lake Okeechobee watershed and develop
585recommendations for structural and operational improvements.
586Such recommendations shall balance water supply, flood control,
587estuarine salinity, maintenance of a healthy lake littoral zone,
588and water quality considerations.
589     6.  By July 1, 2003, Evaluate the feasibility of
590alternative nutrient reduction technologies, including sediment
591traps, canal and ditch maintenance, fish production or other
592aquaculture, bioenergy conversion processes, and algal or other
593biological treatment technologies.
594     (e)  Lake Okeechobee Exotic Species Control Program.--By
595June 1, 2002, The coordinating agencies shall identify the
596exotic species that threaten the native flora and fauna within
597the Lake Okeechobee watershed and develop and implement measures
598to protect the native flora and fauna.
599     (f)  Lake Okeechobee Internal Phosphorus Management
600Program.--By July 1, 2003, The district, in cooperation with the
601other coordinating agencies and interested parties, shall
602complete a Lake Okeechobee internal phosphorus load removal
603feasibility study. The feasibility study shall be based on
604technical feasibility, as well as economic considerations, and
605address all reasonable methods of phosphorus removal. If methods
606are found to be feasible, the district shall immediately pursue
607the design, funding, and permitting for implementing such
608methods.
609     (g)  Lake Okeechobee Protection Plan implementation.--The
610coordinating agencies shall be jointly responsible for
611implementing the Lake Okeechobee Protection Plan, consistent
612with the statutory authority and responsibility of each agency.
613Annual funding priorities shall be jointly established and the
614highest priority shall be assigned to programs and projects that
615address phosphorus sources that have the highest relative
616contribution to phosphorus loading and the greatest potential
617for phosphorus reduction. In determining funding priorities, the
618coordinating agencies shall also consider the need for
619regulatory compliance, the extent to which the program or
620project is ready to proceed, and the availability of federal
621matching funds or other nonstate funding, including public-
622private partnerships. Federal and other nonstate funding shall
623be maximized to the greatest extent practicable.
624     (h)(g)  Annual progress report.--Each January 1, beginning
625in 2001, The district shall submit to the Governor, the
626President of the Senate, and the Speaker of the House of
627Representatives annual progress reports regarding implementation
628of this section. The annual report shall include a summary of
629water quality and habitat conditions in Lake Okeechobee and the
630Lake Okeechobee watershed and the status of the Lake Okeechobee
631Construction Project. The district shall prepare the report in
632cooperation with the other coordinating agencies.
633     Section 2.  This act shall take effect July 1, 2005.


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