HB 0155

CS

CHAMBER ACTION

1	The Agriculture & Environment Appropriations Committee
2	recommends the following:
3
4	Council/Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to the Lake Okeechobee Protection Program;
8	amending s. 373.4595, F.S.; providing legislative findings
9	with respect to implementation and funding of the Lake
10	Okeechobee Watershed Phosphorus Control Program and the
11	Lake Okeechobee Protection Program; revising a definition;
12	providing that the Department of Agriculture and Consumer
13	Services, the Department of Environmental Protection, and
14	the South Florida Water Management District be jointly
15	responsible for implementing the Lake Okeechobee
16	Protection Plan; requiring that annual funding priorities
17	be jointly established; providing criteria for determining
18	funding priorities; repealing obsolete provisions;
19	providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Subsections (1), (2), and (3) of section
24	373.4595, 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
28	the most important water resources of the state, providing many
29	functions benefiting the public interest, including
30	agricultural, public, and environmental water supply; flood
31	control; fishing; navigation and recreation; and habitat to
32	endangered and threatened species and other flora and fauna.
33	(b)  The Legislature finds that land uses in the Lake
34	Okeechobee watershed and the construction of the Central and
35	Southern Florida Project have resulted in adverse changes to the
36	hydrology and water quality of Lake Okeechobee. These hydrology
37	and water quality changes have resulted in algal blooms and
38	other adverse impacts to water quality both in Lake Okeechobee
39	and in downstream receiving waters.
40	(c)  The Legislature finds that improvement to the
41	hydrology and water quality of Lake Okeechobee is essential to
42	the protection of the Everglades.
43	(d)  The Legislature also finds that it is imperative for
44	the state, local governments, and agricultural and environmental
45	communities to commit to restoring and protecting Lake
46	Okeechobee and downstream receiving waters, and that a
47	watershed-based approach to address these issues must be
48	developed and implemented immediately.
49	(e)  The Legislature finds that phosphorus loads from the
50	Lake Okeechobee watershed have contributed to excessive
51	phosphorus levels in Lake Okeechobee and downstream receiving
52	waters and that a reduction in levels of phosphorus will benefit
53	the ecology of these systems. The excessive levels of phosphorus
54	have also resulted in an accumulation of phosphorus in the
55	sediments of Lake Okeechobee. If not removed, internal
56	phosphorus loads from the sediments are expected to delay
57	responses of the lake to external phosphorus reductions.
58	(f)  The Legislature finds that the Lake Okeechobee
59	phosphorus loads set forth in the South Florida Water Management
60	District's Technical Publication 81-2 represent an appropriate
61	basis for the initial phase of phosphorus load reductions to
62	Lake Okeechobee and that subsequent phases of phosphorus load
63	reductions shall be determined by the total maximum daily loads
64	established in accordance with s. 403.067.
65	(g)  The Legislature finds that this section, in
66	conjunction with s. 403.067, provides a reasonable means of
67	achieving and maintaining compliance with state water quality
68	standards.
69	(h)  The Legislature finds that the implementation of the
70	programs contained in this section is for the benefit of the
71	public health, safety, and welfare and is in the public
72	interest.
73	(i)  The Legislature finds that sufficient research has
74	been conducted and sufficient plans developed to immediately
75	initiate the first phase of a program to address the hydrology
76	and water quality problems in Lake Okeechobee and downstream
77	receiving waters.
78	(j)  The Legislature finds that in order to achieve the
79	goals and objectives of this section and to effectively
80	implement the Lake Okeechobee Watershed Phosphorus Control
81	Program pursuant to paragraph (3)(c), the state must
82	expeditiously implement the Lake Okeechobee Protection Plan
83	developed pursuant to paragraph (3)(a).
84	(k)  The Legislature finds that a continuing source of
85	funding is needed to effectively implement a phosphorus control
86	program that initially targets the most significant sources
87	contributing to phosphorus loads within the watershed and
88	continues to address other sources as needed to achieve the
89	phased phosphorus load reductions required under this section.
90	(l)(j)  It is the intent of the Legislature to achieve and
91	maintain compliance with water quality standards in Lake
92	Okeechobee and downstream receiving waters through a phased,
93	comprehensive, and innovative protection program to reduce both
94	internal and external phosphorus loads to Lake Okeechobee
95	through immediate actions to achieve the phosphorus load
96	reductions set forth in Technical Publication 81-2 and long-term
97	solutions based upon the total maximum daily loads established
98	in accordance with s. 403.067. This program shall be watershed-
99	based, shall provide for consideration of all potential
100	phosphorus sources, and shall include research and monitoring,
101	development and implementation of best management practices,
102	refinement of existing regulations, and structural and
103	nonstructural projects, including public works.
104	(m)(k)  It is the intent of the Legislature that the Lake
105	Okeechobee Protection Program be developed and implemented in
106	coordination with and, to the greatest extent practicable,
107	through the implementation of Restudy project components and
108	other federal programs in order to maximize opportunities for
109	the most efficient and timely expenditures of public funds.
110	(n)(l)  It is the intent of the Legislature that the
111	coordinating agencies encourage and support the development of
112	creative public-private partnerships and programs, including
113	opportunities for pollutant trading and credits, to facilitate
114	or further the restoration of Lake Okeechobee, consistent with
115	s. 403.067.
116	(2)  DEFINITIONS.--As used in this section:
117	(a)  "Best management practice" means a practice or
118	combination of practices determined by the coordinating
119	agencies, based on research, field-testing, and expert review,
120	to be the most effective and practicable on-location means,
121	including economic and technological considerations, for
122	improving water quality in agricultural and urban discharges.
123	Best management practices for agricultural discharges shall
124	reflect a balance between water quality improvements and
125	agricultural productivity.
126	(b)  "Coordinating agencies" means the Department of
127	Agriculture and Consumer Services, the Department of
128	Environmental Protection, and the South Florida Water Management
129	District.
130	(c)  "Corps of Engineers" means the United States Army
131	Corps of Engineers.
132	(d)  "Department" means the Department of Environmental
133	Protection.
134	(e)  "District" means the South Florida Water Management
135	District.
136	(f)  "District's WOD program" means the program implemented
137	pursuant to rules adopted as authorized by this section and ss.
138	373.016, 373.044, 373.085, 373.086, 373.109, 373.113, 373.118,
139	373.451, and 373.453, entitled "Works of the District Basin."
140	(g)  "Lake Okeechobee Construction Project" means the
141	construction project developed pursuant to paragraph (3)(b).
142	(h)  "Lake Okeechobee Protection Plan" means the plan
143	developed pursuant to this section and ss. 373.451-373.459.
144	(i)  "Lake Okeechobee watershed" means Lake Okeechobee and
145	the area surrounding and tributary to Lake Okeechobee, composed
146	of the 39 surrounding hydrologic basins, as defined by the Lake
147	Okeechobee Protection Plan dated January 1, 2004 South Florida
148	Water Management District SWIM Plan Update dated August 8, 1997.
149	(j)  "Lake Okeechobee Watershed Phosphorus Control Program"
150	means the program developed pursuant to paragraph (3)(c).
151	(k)  "Project component" means any structural or
152	operational change, resulting from the Restudy, to the Central
153	and Southern Florida Project as it existed and was operated as
154	of January 1, 1999.
155	(l)  "Restudy" means the Comprehensive Review Study of the
156	Central and Southern Florida Project, for which federal
157	participation was authorized by the Federal Water Resources
158	Development Acts of 1992 and 1996 together with related
159	Congressional resolutions and for which participation by the
160	South Florida Water Management District is authorized by s.
161	373.1501. The term includes all actions undertaken pursuant to
162	the aforementioned authorizations which will result in
163	recommendations for modifications or additions to the Central
164	and Southern Florida Project.
165	(m)  "Total maximum daily load" means the sum of the
166	individual wasteload allocations for point sources and the load
167	allocations for nonpoint sources and natural background. Prior
168	to determining individual wasteload allocations and load
169	allocations, the maximum amount of a pollutant that a water body
170	or water segment can assimilate from all sources without
171	exceeding water quality standards must first be calculated.
172	(3)  LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection
173	program for Lake Okeechobee that achieves phosphorus load
174	reductions for Lake Okeechobee shall be immediately implemented
175	as specified in this subsection. The program shall address the
176	reduction of phosphorus loading to the lake from both internal
177	and external sources. Phosphorus load reductions shall be
178	achieved through a phased program of implementation. Initial
179	implementation actions shall be technology-based, based upon a
180	consideration of both the availability of appropriate technology
181	and the cost of such technology, and shall include phosphorus
182	reduction measures at both the source and the regional level.
183	The initial phase of phosphorus load reductions shall be based
184	upon the district's Technical Publication 81-2 and the
185	district's WOD program, with subsequent phases of phosphorus
186	load reductions based upon the total maximum daily loads
187	established in accordance with s. 403.067. In the development
188	and administration of the Lake Okeechobee Protection Program,
189	the coordinating agencies shall maximize opportunities provided
190	by federal cost-sharing programs and opportunities for
191	partnerships with the private sector.
192	(a)  Lake Okeechobee Protection Plan.--By January 1, 2004,
193	The district, in cooperation with the other coordinating
194	agencies, shall complete a Lake Okeechobee Protection Plan in
195	accordance with this section and ss. 373.451-373.459. The plan
196	shall contain an implementation schedule for subsequent phases
197	of phosphorus load reduction consistent with the total maximum
198	daily loads established in accordance with s. 403.067. The plan
199	shall consider and build upon a review and analysis of the
200	following:
201	1.  The performance of projects constructed during Phase I
202	of the Lake Okeechobee Construction Project, pursuant to
203	paragraph (b).
204	2.  Relevant information resulting from the Lake Okeechobee
205	Watershed Phosphorus Control Program, pursuant to paragraph (c).
206	3.  Relevant information resulting from the Lake Okeechobee
207	Research and Water Quality Monitoring Program, pursuant to
208	paragraph (d).
209	4.  Relevant information resulting from the Lake Okeechobee
210	Exotic Species Control Program, pursuant to paragraph (e).
211	5.  Relevant information resulting from the Lake Okeechobee
212	Internal Phosphorus Management Program, pursuant to paragraph
213	(f).
214	(b)  Lake Okeechobee Construction Project.--To improve the
215	hydrology and water quality of Lake Okeechobee and downstream
216	receiving waters, the district shall design and construct the
217	Lake Okeechobee Construction Project.
218	1.  Phase I.--Phase I of the Lake Okeechobee Construction
219	Project shall consist of a series of project features consistent
220	with the recommendations of the South Florida Ecosystem
221	Restoration Working Group's Lake Okeechobee Action Plan.
222	Priority basins for such projects include S-191, S-154, and
223	Pools D and E in the Lower Kissimmee River. In order to obtain
224	immediate phosphorus load reductions to Lake Okeechobee as soon
225	as possible, the following actions shall be implemented:
226	a.  The district shall serve as a full partner with the
227	Corps of Engineers in the design and construction of the Grassy
228	Island Ranch and New Palm Dairy stormwater treatment facilities
229	as components of the Lake Okeechobee Water Retention/Phosphorus
230	Removal Critical Project. The Corps of Engineers shall have the
231	lead in design and construction of these facilities. However,
232	the district shall encourage the Corps of Engineers to complete
233	a detailed design document by July 1, 2001. Should delays be
234	encountered in the implementation of either of these facilities,
235	the district shall notify the department and recommend
236	corrective actions.
237	b.  By January 1, 2001, The district shall obtain permits
238	and complete construction of two of the isolated wetland
239	restoration projects that are part of the Lake Okeechobee Water
240	Retention/Phosphorus Removal Critical Project. The additional
241	isolated wetland projects included in this critical project
242	shall be permitted and constructed by January 1, 2003, to
243	further reduce phosphorus loading to Lake Okeechobee.
244	c.  By January 31, 2002, the district shall design and
245	complete implementation of the Lake Okeechobee Tributary
246	Sediment Removal Pilot Project. This project shall consist of
247	testing two alternative technologies for trapping and collecting
248	phosphorus-laden sediment in the secondary drainage system prior
249	to its discharge into the primary canal system and Lake
250	Okeechobee, thereby further reducing the total sediment loading
251	to the lake.
252	c.d.  The district shall work with the Corps of Engineers
253	to expedite initiation of the design process for the Taylor
254	Creek/Nubbins Slough Reservoir Assisted Stormwater Treatment
255	Area, a project component of the Restudy. The district shall
256	propose to the Corps of Engineers that the district take the
257	lead in the design and construction of the Reservoir Assisted
258	Stormwater Treatment Area and receive credit towards the local
259	share of the total cost of the Restudy.
260	2.  Phase II.--By January 1, 2004, The district, in
261	cooperation with the other coordinating agencies and the Corps
262	of Engineers, shall develop an implementation plan for Phase II
263	of the Lake Okeechobee Construction Project. Phase II shall
264	include construction of additional facilities in the priority
265	basins identified in subparagraph (b)1., as well as facilities
266	for other basins in the Lake Okeechobee watershed. The
267	implementation plan shall:
268	a.  Identify Lake Okeechobee Construction Project
269	facilities to be constructed to achieve a design objective of 40
270	parts per billion (ppb) for phosphorus measured as a long-term
271	flow weighted average concentration, unless an allocation has
272	been established pursuant to s. 403.067 for the Lake Okeechobee
273	total maximum daily load.
274	b.  Identify the size and location of all such Lake
275	Okeechobee Construction Project facilities.
276	c.  Provide a construction schedule for all such Lake
277	Okeechobee Construction Project facilities, including the
278	sequencing and specific timeframe for construction of each Lake
279	Okeechobee Construction Project facility.
280	d.  Provide a land acquisition schedule for lands necessary
281	to achieve the construction schedule.
282	e.  Provide a detailed schedule of costs associated with
283	the construction schedule.
284	f.  Identify, to the maximum extent practicable, impacts on
285	wetlands and state-listed species expected to be associated with
286	construction of such facilities, including potential
287	alternatives to minimize and mitigate such impacts, as
288	appropriate.
289	3.  Evaluation.--By January 1, 2004, and every 3 years
290	thereafter, the district, in cooperation with the coordinating
291	agencies, shall conduct an evaluation of any further phosphorus
292	load reductions necessary to achieve compliance with the Lake
293	Okeechobee total maximum daily load established pursuant to s.
294	403.067. Additionally, the district shall identify modifications
295	to facilities of the Lake Okeechobee Construction Project as
296	appropriate if the design objective of 40 parts per billion
297	(ppb) or the allocation established pursuant to s. 403.067 for
298	the Lake Okeechobee total maximum daily load established
299	pursuant to s. 403.067 is not being met. The evaluation shall be
300	included in the applicable annual progress report submitted
301	pursuant to paragraph (h)(g).
302	4.  Coordination and review.--To ensure the timely
303	implementation of the Lake Okeechobee Construction Project, the
304	design of project facilities shall be coordinated with the
305	department and other interested parties to the maximum extent
306	practicable. Lake Okeechobee Construction Project facilities
307	shall be reviewed and commented upon by the department prior to
308	the execution of a construction contract by the district for
309	that facility.
310	(c)  Lake Okeechobee Watershed Phosphorus Control
311	Program.--The Lake Okeechobee Watershed Phosphorus Control
312	Program is designed to be a multifaceted approach to reducing
313	phosphorus loads by improving the management of phosphorus
314	sources within the Lake Okeechobee watershed through continued
315	implementation of existing regulations and best management
316	practices, development and implementation of improved best
317	management practices, improvement and restoration of the
318	hydrologic function of natural and managed systems, and
319	utilization of alternative technologies for nutrient reduction.
320	The coordinating agencies shall facilitate the application of
321	federal programs that offer opportunities for water quality
322	treatment, including preservation, restoration, or creation of
323	wetlands on agricultural lands.
324	1.  Agricultural nonpoint source best management practices,
325	developed in accordance with s. 403.067 and designed to achieve
326	the objectives of the Lake Okeechobee Protection Program, shall
327	be implemented on an expedited basis. By March 1, 2001, The
328	coordinating agencies shall develop an interagency agreement
329	pursuant to ss. 373.046 and 373.406(5) that assures the
330	development of best management practices that complement
331	existing regulatory programs and specifies how those best
332	management practices are implemented and verified. The
333	interagency agreement shall address measures to be taken by the
334	coordinating agencies during any best management practice
335	reevaluation performed pursuant to sub-subparagraph d. The
336	department shall use best professional judgment in making the
337	initial determination of best management practice effectiveness.
338	a.  As provided in s. 403.067(7)(d), by October 1, 2000,
339	the Department of Agriculture and Consumer Services, in
340	consultation with the department, the district, and affected
341	parties, shall initiate rule development for interim measures,
342	best management practices, conservation plans, nutrient
343	management plans, or other measures necessary for Lake
344	Okeechobee phosphorus load reduction. The rule shall include
345	thresholds for requiring conservation and nutrient management
346	plans and criteria for the contents of such plans. Development
347	of agricultural nonpoint source best management practices shall
348	initially focus on those priority basins listed in subparagraph
349	(b)1. The Department of Agriculture and Consumer Services, in
350	consultation with the department, the district, and affected
351	parties, shall conduct an ongoing program for improvement of
352	existing and development of new interim measures or best
353	management practices for the purpose of adoption of such
354	practices by rule.
355	b.  Where agricultural nonpoint source best management
356	practices or interim measures have been adopted by rule of the
357	Department of Agriculture and Consumer Services, the owner or
358	operator of an agricultural nonpoint source addressed by such
359	rule shall either implement interim measures or best management
360	practices or demonstrate compliance with the district's WOD
361	program by conducting monitoring prescribed by the department or
362	the district. Owners or operators of agricultural nonpoint
363	sources who implement interim measures or best management
364	practices adopted by rule of the Department of Agriculture and
365	Consumer Services shall be subject to the provisions of s.
366	403.067(7). The Department of Agriculture and Consumer Services,
367	in cooperation with the department and the district, shall
368	provide technical and financial assistance for implementation of
369	agricultural best management practices, subject to the
370	availability of funds.
371	c.  The district or department shall conduct monitoring at
372	representative sites to verify the effectiveness of agricultural
373	nonpoint source best management practices.
374	d.  Where water quality problems are detected for
375	agricultural nonpoint sources despite the appropriate
376	implementation of adopted best management practices, the
377	Department of Agriculture and Consumer Services, in consultation
378	with the other coordinating agencies and affected parties, shall
379	institute a reevaluation of the best management practices and
380	make appropriate changes to the rule adopting best management
381	practices.
382	2.  Nonagricultural nonpoint source best management
383	practices, developed in accordance with s. 403.067 and designed
384	to achieve the objectives of the Lake Okeechobee Protection
385	Program, shall be implemented on an expedited basis. By March 1,
386	2001, The department and the district shall develop an
387	interagency agreement pursuant to ss. 373.046 and 373.406(5)
388	that assures the development of best management practices that
389	complement existing regulatory programs and specifies how those
390	best management practices are implemented and verified. The
391	interagency agreement shall address measures to be taken by the
392	department and the district during any best management practice
393	reevaluation performed pursuant to sub-subparagraph d.
394	a.  The department and the district are directed to work
395	with the University of Florida's Institute of Food and
396	Agricultural Sciences to develop appropriate nutrient
397	application rates for all nonagricultural soil amendments in the
398	watershed. As provided in s. 403.067(7)(c), by January 1, 2001,
399	the department, in consultation with the district and affected
400	parties, shall develop interim measures, best management
401	practices, or other measures necessary for Lake Okeechobee
402	phosphorus load reduction. Development of nonagricultural
403	nonpoint source best management practices shall initially focus
404	on those priority basins listed in subparagraph (b)1. The
405	department, the district, and affected parties shall conduct an
406	ongoing program for improvement of existing and development of
407	new interim measures or best management practices. The district
408	shall adopt technology-based standards under the district's WOD
409	program for nonagricultural nonpoint sources of phosphorus.
410	b.  Where nonagricultural nonpoint source best management
411	practices or interim measures have been developed by the
412	department and adopted by the district, the owner or operator of
413	a nonagricultural nonpoint source shall implement interim
414	measures or best management practices and be subject to the
415	provisions of s. 403.067(7). The department and district shall
416	provide technical and financial assistance for implementation of
417	nonagricultural nonpoint source best management practices,
418	subject to the availability of funds.
419	c.  The district or the department shall conduct monitoring
420	at representative sites to verify the effectiveness of
421	nonagricultural nonpoint source best management practices.
422	d.  Where water quality problems are detected for
423	nonagricultural nonpoint sources despite the appropriate
424	implementation of adopted best management practices, the
425	department and the district shall institute a reevaluation of
426	the best management practices.
427	3.  The provisions of subparagraphs 1. and 2. shall not
428	preclude the department or the district from requiring
429	compliance with water quality standards or with current best
430	management practices requirements set forth in any applicable
431	regulatory program authorized by law for the purpose of
432	protecting water quality. Additionally, subparagraphs 1. and 2.
433	are applicable only to the extent that they do not conflict with
434	any rules promulgated by the department that are necessary to
435	maintain a federally delegated or approved program.
436	4.  Projects which reduce the phosphorus load originating
437	from domestic wastewater systems within the Lake Okeechobee
438	watershed shall be given funding priority in the department's
439	revolving loan program under s. 403.1835. The department shall
440	coordinate and provide assistance to those local governments
441	seeking financial assistance for such priority projects.
442	5.  Projects that make use of private lands, or lands held
443	in trust for Indian tribes, to reduce nutrient loadings or
444	concentrations within a basin by one or more of the following
445	methods: restoring the natural hydrology of the basin, restoring
446	wildlife habitat or impacted wetlands, reducing peak flows after
447	storm events, increasing aquifer recharge, or protecting range
448	and timberland from conversion to development, are eligible for
449	grants available under this section from the coordinating
450	agencies.  For projects of otherwise equal priority, special
451	funding priority will be given to those projects that make best
452	use of the methods outlined above that involve public-private
453	partnerships or that obtain federal match money. Preference
454	ranking above the special funding priority will be given to
455	projects located in a rural area of critical economic concern
456	designated by the Governor. Grant applications may be submitted
457	by any person or tribal entity, and eligible projects may
458	include, but are not limited to, the purchase of conservation
459	and flowage easements, hydrologic restoration of wetlands,
460	creating treatment wetlands, development of a management plan
461	for natural resources, and financial support to implement a
462	management plan.
463	6.a.  The department shall require all entities disposing
464	of domestic wastewater residuals within the Lake Okeechobee
465	watershed and the remaining areas of Okeechobee, Glades, and
466	Hendry Counties to develop and submit to the department an
467	agricultural use plan that limits applications based upon
468	phosphorus loading. By July 1, 2005, phosphorus concentrations
469	originating from these application sites shall not exceed the
470	limits established in the district's WOD program.
471	b.  Private and government-owned utilities within Monroe,
472	Dade, Broward, Palm Beach, Martin, St. Lucie, Indian River,
473	Okeechobee, Highlands, Hendry, and Glades Counties that dispose
474	of wastewater residual sludge from utility operations and septic
475	removal by land spreading in the Lake Okeechobee watershed may
476	use a line item on local sewer rates to cover wastewater
477	residual treatment and disposal if such disposal and treatment
478	is done by approved alternative treatment methodology at a
479	facility located within the areas designated by the Governor as
480	rural areas of critical economic concern pursuant to s.
481	288.0656. This additional line item is an environmental
482	protection disposal fee above the present sewer rate and shall
483	not be considered a part of the present sewer rate to customers,
484	notwithstanding provisions to the contrary in chapter 367. The
485	fee shall be established by the county commission or its
486	designated assignee in the county in which the alternative
487	method treatment facility is located. The fee shall be
488	calculated to be no higher than that necessary to recover the
489	facility's prudent cost of providing the service. Upon request
490	by an affected county commission, the Florida Public Service
491	Commission will provide assistance in establishing the fee.
492	Further, for utilities and utility authorities that use the
493	additional line item environmental protection disposal fee, such
494	fee shall not be considered a rate increase under the rules of
495	the Public Service Commission and shall be exempt from such
496	rules. Utilities using the provisions of this section may
497	immediately include in their sewer invoicing the new
498	environmental protection disposal fee. Proceeds from this
499	environmental protection disposal fee shall be used for
500	treatment and disposal of wastewater residuals, including any
501	treatment technology that helps reduce the volume of residuals
502	that require final disposal, but such proceeds shall not be used
503	for transportation or shipment costs for disposal or any costs
504	relating to the land application of residuals in the Lake
505	Okeechobee watershed.
506	c.  No less frequently than once every 3 years, the Florida
507	Public Service Commission or the county commission through the
508	services of an independent auditor shall perform a financial
509	audit of all facilities receiving compensation from an
510	environmental protection disposal fee. The Florida Public
511	Service Commission or the county commission through the services
512	of an independent auditor shall also perform an audit of the
513	methodology used in establishing the environmental protection
514	disposal fee. The Florida Public Service Commission or the
515	county commission shall, within 120 days after completion of an
516	audit, file the audit report with the President of the Senate
517	and the Speaker of the House of Representatives and shall
518	provide copies to the county commissions of the counties set
519	forth in sub-subparagraph b. The books and records of any
520	facilities receiving compensation from an environmental
521	protection disposal fee shall be open to the Florida Public
522	Service Commission and the Auditor General for review upon
523	request.
524	7.  The Department of Health shall require all entities
525	disposing of septage within the Lake Okeechobee watershed and
526	the remaining areas of Okeechobee, Glades, and Hendry Counties
527	to develop and submit to that agency, by July 1, 2003, an
528	agricultural use plan that limits applications based upon
529	phosphorus loading. By July 1, 2005, phosphorus concentrations
530	originating from these application sites shall not exceed the
531	limits established in the district's WOD program.
532	8.  The Department of Agriculture and Consumer Services
533	shall initiate rulemaking requiring entities within the Lake
534	Okeechobee watershed and the remaining areas of Okeechobee,
535	Glades, and Hendry Counties which land-apply animal manure to
536	develop conservation or nutrient management plans that limit
537	application, based upon phosphorus loading. Such rules may
538	include criteria and thresholds for the requirement to develop a
539	conservation or nutrient management plan, requirements for plan
540	approval, and recordkeeping requirements.
541	9.  Prior to authorizing a discharge into works of the
542	district, the district shall require responsible parties to
543	demonstrate that proposed changes in land use will not result in
544	increased phosphorus loading over that of existing land uses.
545	10.  The district, the department, or the Department of
546	Agriculture and Consumer Services, as appropriate, shall
547	implement those alternative nutrient reduction technologies
548	determined to be feasible pursuant to subparagraph (d)6.
549	(d)  Lake Okeechobee Research and Water Quality Monitoring
550	Program.--By January 1, 2001, The district, in cooperation with
551	the other coordinating agencies, shall establish a Lake
552	Okeechobee Research and Water Quality Monitoring Program that
553	builds upon the district's existing Lake Okeechobee research
554	program. The program shall:
555	1.  Evaluate all available existing water quality data
556	concerning total phosphorus in the Lake Okeechobee watershed,
557	develop a water quality baseline to represent existing
558	conditions for total phosphorus, monitor long-term ecological
559	changes, including water quality for total phosphorus, and
560	measure compliance with water quality standards for total
561	phosphorus, including the total maximum daily load for Lake
562	Okeechobee as established pursuant to s. 403.067. The district
563	shall also implement a total phosphorus monitoring program at
564	all inflow structures to Lake Okeechobee.
565	2.  By July 1, 2003, Develop a Lake Okeechobee water
566	quality model that reasonably represents phosphorus dynamics of
567	the lake and incorporates an uncertainty analysis associated
568	with model predictions.
569	3.  By July 1, 2003, Determine the relative contribution of
570	phosphorus from all identifiable sources and all primary and
571	secondary land uses.
572	4.  By July 1, 2003, Conduct an assessment of the sources
573	of phosphorus from the Upper Kissimmee Chain-of-Lakes and Lake
574	Istokpoga, and their relative contribution to the water quality
575	of Lake Okeechobee. The results of this assessment shall be used
576	by the coordinating agencies to develop interim measures, best
577	management practices, or regulation, as applicable.
578	5.  By July 1, 2003, Assess current water management
579	practices within the Lake Okeechobee watershed and develop
580	recommendations for structural and operational improvements.
581	Such recommendations shall balance water supply, flood control,
582	estuarine salinity, maintenance of a healthy lake littoral zone,
583	and water quality considerations.
584	6.  By July 1, 2003, Evaluate the feasibility of
585	alternative nutrient reduction technologies, including sediment
586	traps, canal and ditch maintenance, fish production or other
587	aquaculture, bioenergy conversion processes, and algal or other
588	biological treatment technologies.
589	(e)  Lake Okeechobee Exotic Species Control Program.--By
590	June 1, 2002, The coordinating agencies shall identify the
591	exotic species that threaten the native flora and fauna within
592	the Lake Okeechobee watershed and develop and implement measures
593	to protect the native flora and fauna.
594	(f)  Lake Okeechobee Internal Phosphorus Management
595	Program.--By July 1, 2003, The district, in cooperation with the
596	other coordinating agencies and interested parties, shall
597	complete a Lake Okeechobee internal phosphorus load removal
598	feasibility study. The feasibility study shall be based on
599	technical feasibility, as well as economic considerations, and
600	address all reasonable methods of phosphorus removal. If methods
601	are found to be feasible, the district shall immediately pursue
602	the design, funding, and permitting for implementing such
603	methods.
604	(g)  Lake Okeechobee Protection Plan implementation.--The
605	coordinating agencies shall be jointly responsible for
606	implementing the Lake Okeechobee Protection Plan, consistent
607	with the statutory authority and responsibility of each agency.
608	Annual funding priorities shall be jointly established and the
609	highest priority shall be assigned to programs and projects that
610	address phosphorus sources that have the highest relative
611	contribution to phosphorus loading and the greatest potential
612	for phosphorus reduction. In determining funding priorities, the
613	coordinating agencies shall also consider the need for
614	regulatory compliance, the extent to which the program or
615	project is ready to proceed, and the availability of federal
616	matching funds or other nonstate funding, including public-
617	private partnerships. Federal and other nonstate funding shall
618	be maximized to the greatest extent practicable.
619	(h)(g)  Annual progress report.--Each January 1, beginning
620	in 2001, The district shall submit to the Governor, the
621	President of the Senate, and the Speaker of the House of
622	Representatives annual progress reports regarding implementation
623	of this section. The annual report shall include a summary of
624	water quality and habitat conditions in Lake Okeechobee and the
625	Lake Okeechobee watershed and the status of the Lake Okeechobee
626	Construction Project. The district shall prepare the report in
627	cooperation with the other coordinating agencies.
628	Section 2.  This act shall take effect July 1, 2005.

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