| 1 | A bill to be entitled |
| 2 | An act relating to the Lake Okeechobee Protection Program; |
| 3 | amending s. 373.4595, F.S.; providing legislative findings |
| 4 | with respect to implementation and funding of the Lake |
| 5 | Okeechobee Watershed Phosphorus Control Program and the |
| 6 | Lake Okeechobee Protection Program; revising a definition; |
| 7 | providing that the Department of Agriculture and Consumer |
| 8 | Services, the Department of Environmental Protection, and |
| 9 | the South Florida Water Management District be jointly |
| 10 | responsible for implementing the Lake Okeechobee |
| 11 | Protection Plan; requiring that annual funding priorities |
| 12 | be jointly established; providing criteria for determining |
| 13 | funding priorities; repealing obsolete provisions; |
| 14 | providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Subsections (1), (2), and (3) of section |
| 19 | 373.4595, Florida Statutes, are amended to read: |
| 20 | 373.4595 Lake Okeechobee Protection Program.-- |
| 21 | (1) FINDINGS AND INTENT.-- |
| 22 | (a) The Legislature finds that Lake Okeechobee is one of |
| 23 | the most important water resources of the state, providing many |
| 24 | functions benefiting the public interest, including |
| 25 | agricultural, public, and environmental water supply; flood |
| 26 | control; fishing; navigation and recreation; and habitat to |
| 27 | endangered and threatened species and other flora and fauna. |
| 28 | (b) The Legislature finds that land uses in the Lake |
| 29 | Okeechobee watershed and the construction of the Central and |
| 30 | Southern Florida Project have resulted in adverse changes to the |
| 31 | hydrology and water quality of Lake Okeechobee. These hydrology |
| 32 | and water quality changes have resulted in algal blooms and |
| 33 | other adverse impacts to water quality both in Lake Okeechobee |
| 34 | and in downstream receiving waters. |
| 35 | (c) The Legislature finds that improvement to the |
| 36 | hydrology and water quality of Lake Okeechobee is essential to |
| 37 | the protection of the Everglades. |
| 38 | (d) The Legislature also finds that it is imperative for |
| 39 | the state, local governments, and agricultural and environmental |
| 40 | communities to commit to restoring and protecting Lake |
| 41 | Okeechobee and downstream receiving waters, and that a |
| 42 | watershed-based approach to address these issues must be |
| 43 | developed and implemented immediately. |
| 44 | (e) The Legislature finds that phosphorus loads from the |
| 45 | Lake Okeechobee watershed have contributed to excessive |
| 46 | phosphorus levels in Lake Okeechobee and downstream receiving |
| 47 | waters and that a reduction in levels of phosphorus will benefit |
| 48 | the ecology of these systems. The excessive levels of phosphorus |
| 49 | have also resulted in an accumulation of phosphorus in the |
| 50 | sediments of Lake Okeechobee. If not removed, internal |
| 51 | phosphorus loads from the sediments are expected to delay |
| 52 | responses of the lake to external phosphorus reductions. |
| 53 | (f) The Legislature finds that the Lake Okeechobee |
| 54 | phosphorus loads set forth in the South Florida Water Management |
| 55 | District's Technical Publication 81-2 represent an appropriate |
| 56 | basis for the initial phase of phosphorus load reductions to |
| 57 | Lake Okeechobee and that subsequent phases of phosphorus load |
| 58 | reductions shall be determined by the total maximum daily loads |
| 59 | established in accordance with s. 403.067. |
| 60 | (g) The Legislature finds that this section, in |
| 61 | conjunction with s. 403.067, provides a reasonable means of |
| 62 | achieving and maintaining compliance with state water quality |
| 63 | standards. |
| 64 | (h) The Legislature finds that the implementation of the |
| 65 | programs contained in this section is for the benefit of the |
| 66 | public health, safety, and welfare and is in the public |
| 67 | interest. |
| 68 | (i) The Legislature finds that sufficient research has |
| 69 | been conducted and sufficient plans developed to immediately |
| 70 | initiate the first phase of a program to address the hydrology |
| 71 | and water quality problems in Lake Okeechobee and downstream |
| 72 | receiving waters. |
| 73 | (j) The Legislature finds that in order to achieve the |
| 74 | goals and objectives of this section and to effectively |
| 75 | implement the Lake Okeechobee Watershed Phosphorus Control |
| 76 | Program pursuant to paragraph (3)(c), the state must |
| 77 | expeditiously implement the Lake Okeechobee Protection Plan |
| 78 | developed pursuant to paragraph (3)(a). |
| 79 | (k) The Legislature finds that a continuing source of |
| 80 | funding is needed to effectively implement a phosphorus control |
| 81 | program that initially targets the most significant sources |
| 82 | contributing to phosphorus loads within the watershed and |
| 83 | continues to address other sources as needed to achieve the |
| 84 | phased phosphorus load reductions required under this section. |
| 85 | (l)(j) It is the intent of the Legislature to achieve and |
| 86 | maintain compliance with water quality standards in Lake |
| 87 | Okeechobee and downstream receiving waters through a phased, |
| 88 | comprehensive, and innovative protection program to reduce both |
| 89 | internal and external phosphorus loads to Lake Okeechobee |
| 90 | through immediate actions to achieve the phosphorus load |
| 91 | reductions set forth in Technical Publication 81-2 and long-term |
| 92 | solutions based upon the total maximum daily loads established |
| 93 | in accordance with s. 403.067. This program shall be watershed- |
| 94 | based, shall provide for consideration of all potential |
| 95 | phosphorus sources, and shall include research and monitoring, |
| 96 | development and implementation of best management practices, |
| 97 | refinement of existing regulations, and structural and |
| 98 | nonstructural projects, including public works. |
| 99 | (m)(k) It is the intent of the Legislature that the Lake |
| 100 | Okeechobee Protection Program be developed and implemented in |
| 101 | coordination with and, to the greatest extent practicable, |
| 102 | through the implementation of Restudy project components and |
| 103 | other federal programs in order to maximize opportunities for |
| 104 | the most efficient and timely expenditures of public funds. |
| 105 | (n)(l) It is the intent of the Legislature that the |
| 106 | coordinating agencies encourage and support the development of |
| 107 | creative public-private partnerships and programs, including |
| 108 | opportunities for pollutant trading and credits, to facilitate |
| 109 | or further the restoration of Lake Okeechobee, consistent with |
| 110 | s. 403.067. |
| 111 | (2) DEFINITIONS.--As used in this section: |
| 112 | (a) "Best management practice" means a practice or |
| 113 | combination of practices determined by the coordinating |
| 114 | agencies, based on research, field-testing, and expert review, |
| 115 | to be the most effective and practicable on-location means, |
| 116 | including economic and technological considerations, for |
| 117 | improving water quality in agricultural and urban discharges. |
| 118 | Best management practices for agricultural discharges shall |
| 119 | reflect a balance between water quality improvements and |
| 120 | agricultural productivity. |
| 121 | (b) "Coordinating agencies" means the Department of |
| 122 | Agriculture and Consumer Services, the Department of |
| 123 | Environmental Protection, and the South Florida Water Management |
| 124 | District. |
| 125 | (c) "Corps of Engineers" means the United States Army |
| 126 | Corps of Engineers. |
| 127 | (d) "Department" means the Department of Environmental |
| 128 | Protection. |
| 129 | (e) "District" means the South Florida Water Management |
| 130 | District. |
| 131 | (f) "District's WOD program" means the program implemented |
| 132 | pursuant to rules adopted as authorized by this section and ss. |
| 133 | 373.016, 373.044, 373.085, 373.086, 373.109, 373.113, 373.118, |
| 134 | 373.451, and 373.453, entitled "Works of the District Basin." |
| 135 | (g) "Lake Okeechobee Construction Project" means the |
| 136 | construction project developed pursuant to paragraph (3)(b). |
| 137 | (h) "Lake Okeechobee Protection Plan" means the plan |
| 138 | developed pursuant to this section and ss. 373.451-373.459. |
| 139 | (i) "Lake Okeechobee watershed" means Lake Okeechobee and |
| 140 | the area surrounding and tributary to Lake Okeechobee, composed |
| 141 | of the 39 surrounding hydrologic basins, as defined by the Lake |
| 142 | Okeechobee Protection Plan dated January 1, 2004 South Florida |
| 143 | Water Management District SWIM Plan Update dated August 8, 1997. |
| 144 | (j) "Lake Okeechobee Watershed Phosphorus Control Program" |
| 145 | means the program developed pursuant to paragraph (3)(c). |
| 146 | (k) "Project component" means any structural or |
| 147 | operational change, resulting from the Restudy, to the Central |
| 148 | and Southern Florida Project as it existed and was operated as |
| 149 | of January 1, 1999. |
| 150 | (l) "Restudy" means the Comprehensive Review Study of the |
| 151 | Central and Southern Florida Project, for which federal |
| 152 | participation was authorized by the Federal Water Resources |
| 153 | Development Acts of 1992 and 1996 together with related |
| 154 | Congressional resolutions and for which participation by the |
| 155 | South Florida Water Management District is authorized by s. |
| 156 | 373.1501. The term includes all actions undertaken pursuant to |
| 157 | the aforementioned authorizations which will result in |
| 158 | recommendations for modifications or additions to the Central |
| 159 | and Southern Florida Project. |
| 160 | (m) "Total maximum daily load" means the sum of the |
| 161 | individual wasteload allocations for point sources and the load |
| 162 | allocations for nonpoint sources and natural background. Prior |
| 163 | to determining individual wasteload allocations and load |
| 164 | allocations, the maximum amount of a pollutant that a water body |
| 165 | or water segment can assimilate from all sources without |
| 166 | exceeding water quality standards must first be calculated. |
| 167 | (3) LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection |
| 168 | program for Lake Okeechobee that achieves phosphorus load |
| 169 | reductions for Lake Okeechobee shall be immediately implemented |
| 170 | as specified in this subsection. The program shall address the |
| 171 | reduction of phosphorus loading to the lake from both internal |
| 172 | and external sources. Phosphorus load reductions shall be |
| 173 | achieved through a phased program of implementation. Initial |
| 174 | implementation actions shall be technology-based, based upon a |
| 175 | consideration of both the availability of appropriate technology |
| 176 | and the cost of such technology, and shall include phosphorus |
| 177 | reduction measures at both the source and the regional level. |
| 178 | The initial phase of phosphorus load reductions shall be based |
| 179 | upon the district's Technical Publication 81-2 and the |
| 180 | district's WOD program, with subsequent phases of phosphorus |
| 181 | load reductions based upon the total maximum daily loads |
| 182 | established in accordance with s. 403.067. In the development |
| 183 | and administration of the Lake Okeechobee Protection Program, |
| 184 | the coordinating agencies shall maximize opportunities provided |
| 185 | by federal cost-sharing programs and opportunities for |
| 186 | partnerships with the private sector. |
| 187 | (a) Lake Okeechobee Protection Plan.--By January 1, 2004, |
| 188 | The district, in cooperation with the other coordinating |
| 189 | agencies, shall complete a Lake Okeechobee Protection Plan in |
| 190 | accordance with this section and ss. 373.451-373.459. The plan |
| 191 | shall contain an implementation schedule for subsequent phases |
| 192 | of phosphorus load reduction consistent with the total maximum |
| 193 | daily loads established in accordance with s. 403.067. The plan |
| 194 | shall consider and build upon a review and analysis of the |
| 195 | following: |
| 196 | 1. The performance of projects constructed during Phase I |
| 197 | of the Lake Okeechobee Construction Project, pursuant to |
| 198 | paragraph (b). |
| 199 | 2. Relevant information resulting from the Lake Okeechobee |
| 200 | Watershed Phosphorus Control Program, pursuant to paragraph (c). |
| 201 | 3. Relevant information resulting from the Lake Okeechobee |
| 202 | Research and Water Quality Monitoring Program, pursuant to |
| 203 | paragraph (d). |
| 204 | 4. Relevant information resulting from the Lake Okeechobee |
| 205 | Exotic Species Control Program, pursuant to paragraph (e). |
| 206 | 5. Relevant information resulting from the Lake Okeechobee |
| 207 | Internal Phosphorus Management Program, pursuant to paragraph |
| 208 | (f). |
| 209 | (b) Lake Okeechobee Construction Project.--To improve the |
| 210 | hydrology and water quality of Lake Okeechobee and downstream |
| 211 | receiving waters, the district shall design and construct the |
| 212 | Lake Okeechobee Construction Project. |
| 213 | 1. Phase I.--Phase I of the Lake Okeechobee Construction |
| 214 | Project shall consist of a series of project features consistent |
| 215 | with the recommendations of the South Florida Ecosystem |
| 216 | Restoration Working Group's Lake Okeechobee Action Plan. |
| 217 | Priority basins for such projects include S-191, S-154, and |
| 218 | Pools D and E in the Lower Kissimmee River. In order to obtain |
| 219 | immediate phosphorus load reductions to Lake Okeechobee as soon |
| 220 | as possible, the following actions shall be implemented: |
| 221 | a. The district shall serve as a full partner with the |
| 222 | Corps of Engineers in the design and construction of the Grassy |
| 223 | Island Ranch and New Palm Dairy stormwater treatment facilities |
| 224 | as components of the Lake Okeechobee Water Retention/Phosphorus |
| 225 | Removal Critical Project. The Corps of Engineers shall have the |
| 226 | lead in design and construction of these facilities. However, |
| 227 | the district shall encourage the Corps of Engineers to complete |
| 228 | a detailed design document by July 1, 2001. Should delays be |
| 229 | encountered in the implementation of either of these facilities, |
| 230 | the district shall notify the department and recommend |
| 231 | corrective actions. |
| 232 | b. By January 1, 2001, The district shall obtain permits |
| 233 | and complete construction of two of the isolated wetland |
| 234 | restoration projects that are part of the Lake Okeechobee Water |
| 235 | Retention/Phosphorus Removal Critical Project. The additional |
| 236 | isolated wetland projects included in this critical project |
| 237 | shall be permitted and constructed by January 1, 2003, to |
| 238 | further reduce phosphorus loading to Lake Okeechobee. |
| 239 | c. By January 31, 2002, the district shall design and |
| 240 | complete implementation of the Lake Okeechobee Tributary |
| 241 | Sediment Removal Pilot Project. This project shall consist of |
| 242 | testing two alternative technologies for trapping and collecting |
| 243 | phosphorus-laden sediment in the secondary drainage system prior |
| 244 | to its discharge into the primary canal system and Lake |
| 245 | Okeechobee, thereby further reducing the total sediment loading |
| 246 | to the lake. |
| 247 | c.d. The district shall work with the Corps of Engineers |
| 248 | to expedite initiation of the design process for the Taylor |
| 249 | Creek/Nubbins Slough Reservoir Assisted Stormwater Treatment |
| 250 | Area, a project component of the Restudy. The district shall |
| 251 | propose to the Corps of Engineers that the district take the |
| 252 | lead in the design and construction of the Reservoir Assisted |
| 253 | Stormwater Treatment Area and receive credit towards the local |
| 254 | share of the total cost of the Restudy. |
| 255 | 2. Phase II.--By January 1, 2004, The district, in |
| 256 | cooperation with the other coordinating agencies and the Corps |
| 257 | of Engineers, shall develop an implementation plan for Phase II |
| 258 | of the Lake Okeechobee Construction Project. Phase II shall |
| 259 | include construction of additional facilities in the priority |
| 260 | basins identified in subparagraph (b)1., as well as facilities |
| 261 | for other basins in the Lake Okeechobee watershed. The |
| 262 | implementation plan shall: |
| 263 | a. Identify Lake Okeechobee Construction Project |
| 264 | facilities to be constructed to achieve a design objective of 40 |
| 265 | parts per billion (ppb) for phosphorus measured as a long-term |
| 266 | flow weighted average concentration, unless an allocation has |
| 267 | been established pursuant to s. 403.067 for the Lake Okeechobee |
| 268 | total maximum daily load. |
| 269 | b. Identify the size and location of all such Lake |
| 270 | Okeechobee Construction Project facilities. |
| 271 | c. Provide a construction schedule for all such Lake |
| 272 | Okeechobee Construction Project facilities, including the |
| 273 | sequencing and specific timeframe for construction of each Lake |
| 274 | Okeechobee Construction Project facility. |
| 275 | d. Provide a land acquisition schedule for lands necessary |
| 276 | to achieve the construction schedule. |
| 277 | e. Provide a detailed schedule of costs associated with |
| 278 | the construction schedule. |
| 279 | f. Identify, to the maximum extent practicable, impacts on |
| 280 | wetlands and state-listed species expected to be associated with |
| 281 | construction of such facilities, including potential |
| 282 | alternatives to minimize and mitigate such impacts, as |
| 283 | appropriate. |
| 284 | 3. Evaluation.--By January 1, 2004, and every 3 years |
| 285 | thereafter, the district, in cooperation with the coordinating |
| 286 | agencies, shall conduct an evaluation of any further phosphorus |
| 287 | load reductions necessary to achieve compliance with the Lake |
| 288 | Okeechobee total maximum daily load established pursuant to s. |
| 289 | 403.067. Additionally, the district shall identify modifications |
| 290 | to facilities of the Lake Okeechobee Construction Project as |
| 291 | appropriate if the design objective of 40 parts per billion |
| 292 | (ppb) or the allocation established pursuant to s. 403.067 for |
| 293 | the Lake Okeechobee total maximum daily load established |
| 294 | pursuant to s. 403.067 is not being met. The evaluation shall be |
| 295 | included in the applicable annual progress report submitted |
| 296 | pursuant to paragraph (h)(g). |
| 297 | 4. Coordination and review.--To ensure the timely |
| 298 | implementation of the Lake Okeechobee Construction Project, the |
| 299 | design of project facilities shall be coordinated with the |
| 300 | department and other interested parties to the maximum extent |
| 301 | practicable. Lake Okeechobee Construction Project facilities |
| 302 | shall be reviewed and commented upon by the department prior to |
| 303 | the execution of a construction contract by the district for |
| 304 | that facility. |
| 305 | (c) Lake Okeechobee Watershed Phosphorus Control |
| 306 | Program.--The Lake Okeechobee Watershed Phosphorus Control |
| 307 | Program is designed to be a multifaceted approach to reducing |
| 308 | phosphorus loads by improving the management of phosphorus |
| 309 | sources within the Lake Okeechobee watershed through continued |
| 310 | implementation of existing regulations and best management |
| 311 | practices, development and implementation of improved best |
| 312 | management practices, improvement and restoration of the |
| 313 | hydrologic function of natural and managed systems, and |
| 314 | utilization of alternative technologies for nutrient reduction. |
| 315 | The coordinating agencies shall facilitate the application of |
| 316 | federal programs that offer opportunities for water quality |
| 317 | treatment, including preservation, restoration, or creation of |
| 318 | wetlands on agricultural lands. |
| 319 | 1. Agricultural nonpoint source best management practices, |
| 320 | developed in accordance with s. 403.067 and designed to achieve |
| 321 | the objectives of the Lake Okeechobee Protection Program, shall |
| 322 | be implemented on an expedited basis. By March 1, 2001, The |
| 323 | coordinating agencies shall develop an interagency agreement |
| 324 | pursuant to ss. 373.046 and 373.406(5) that assures the |
| 325 | development of best management practices that complement |
| 326 | existing regulatory programs and specifies how those best |
| 327 | management practices are implemented and verified. The |
| 328 | interagency agreement shall address measures to be taken by the |
| 329 | coordinating agencies during any best management practice |
| 330 | reevaluation performed pursuant to sub-subparagraph d. The |
| 331 | department shall use best professional judgment in making the |
| 332 | initial determination of best management practice effectiveness. |
| 333 | a. As provided in s. 403.067(7)(d), by October 1, 2000, |
| 334 | the Department of Agriculture and Consumer Services, in |
| 335 | consultation with the department, the district, and affected |
| 336 | parties, shall initiate rule development for interim measures, |
| 337 | best management practices, conservation plans, nutrient |
| 338 | management plans, or other measures necessary for Lake |
| 339 | Okeechobee phosphorus load reduction. The rule shall include |
| 340 | thresholds for requiring conservation and nutrient management |
| 341 | plans and criteria for the contents of such plans. Development |
| 342 | of agricultural nonpoint source best management practices shall |
| 343 | initially focus on those priority basins listed in subparagraph |
| 344 | (b)1. The Department of Agriculture and Consumer Services, in |
| 345 | consultation with the department, the district, and affected |
| 346 | parties, shall conduct an ongoing program for improvement of |
| 347 | existing and development of new interim measures or best |
| 348 | management practices for the purpose of adoption of such |
| 349 | practices by rule. |
| 350 | b. Where agricultural nonpoint source best management |
| 351 | practices or interim measures have been adopted by rule of the |
| 352 | Department of Agriculture and Consumer Services, the owner or |
| 353 | operator of an agricultural nonpoint source addressed by such |
| 354 | rule shall either implement interim measures or best management |
| 355 | practices or demonstrate compliance with the district's WOD |
| 356 | program by conducting monitoring prescribed by the department or |
| 357 | the district. Owners or operators of agricultural nonpoint |
| 358 | sources who implement interim measures or best management |
| 359 | practices adopted by rule of the Department of Agriculture and |
| 360 | Consumer Services shall be subject to the provisions of s. |
| 361 | 403.067(7). The Department of Agriculture and Consumer Services, |
| 362 | in cooperation with the department and the district, shall |
| 363 | provide technical and financial assistance for implementation of |
| 364 | agricultural best management practices, subject to the |
| 365 | availability of funds. |
| 366 | c. The district or department shall conduct monitoring at |
| 367 | representative sites to verify the effectiveness of agricultural |
| 368 | nonpoint source best management practices. |
| 369 | d. Where water quality problems are detected for |
| 370 | agricultural nonpoint sources despite the appropriate |
| 371 | implementation of adopted best management practices, the |
| 372 | Department of Agriculture and Consumer Services, in consultation |
| 373 | with the other coordinating agencies and affected parties, shall |
| 374 | institute a reevaluation of the best management practices and |
| 375 | make appropriate changes to the rule adopting best management |
| 376 | practices. |
| 377 | 2. Nonagricultural nonpoint source best management |
| 378 | practices, developed in accordance with s. 403.067 and designed |
| 379 | to achieve the objectives of the Lake Okeechobee Protection |
| 380 | Program, shall be implemented on an expedited basis. By March 1, |
| 381 | 2001, The department and the district shall develop an |
| 382 | interagency agreement pursuant to ss. 373.046 and 373.406(5) |
| 383 | that assures the development of best management practices that |
| 384 | complement existing regulatory programs and specifies how those |
| 385 | best management practices are implemented and verified. The |
| 386 | interagency agreement shall address measures to be taken by the |
| 387 | department and the district during any best management practice |
| 388 | reevaluation performed pursuant to sub-subparagraph d. |
| 389 | a. The department and the district are directed to work |
| 390 | with the University of Florida's Institute of Food and |
| 391 | Agricultural Sciences to develop appropriate nutrient |
| 392 | application rates for all nonagricultural soil amendments in the |
| 393 | watershed. As provided in s. 403.067(7)(c), by January 1, 2001, |
| 394 | the department, in consultation with the district and affected |
| 395 | parties, shall develop interim measures, best management |
| 396 | practices, or other measures necessary for Lake Okeechobee |
| 397 | phosphorus load reduction. Development of nonagricultural |
| 398 | nonpoint source best management practices shall initially focus |
| 399 | on those priority basins listed in subparagraph (b)1. The |
| 400 | department, the district, and affected parties shall conduct an |
| 401 | ongoing program for improvement of existing and development of |
| 402 | new interim measures or best management practices. The district |
| 403 | shall adopt technology-based standards under the district's WOD |
| 404 | program for nonagricultural nonpoint sources of phosphorus. |
| 405 | b. Where nonagricultural nonpoint source best management |
| 406 | practices or interim measures have been developed by the |
| 407 | department and adopted by the district, the owner or operator of |
| 408 | a nonagricultural nonpoint source shall implement interim |
| 409 | measures or best management practices and be subject to the |
| 410 | provisions of s. 403.067(7). The department and district shall |
| 411 | provide technical and financial assistance for implementation of |
| 412 | nonagricultural nonpoint source best management practices, |
| 413 | subject to the availability of funds. |
| 414 | c. The district or the department shall conduct monitoring |
| 415 | at representative sites to verify the effectiveness of |
| 416 | nonagricultural nonpoint source best management practices. |
| 417 | d. Where water quality problems are detected for |
| 418 | nonagricultural nonpoint sources despite the appropriate |
| 419 | implementation of adopted best management practices, the |
| 420 | department and the district shall institute a reevaluation of |
| 421 | the best management practices. |
| 422 | 3. The provisions of subparagraphs 1. and 2. shall not |
| 423 | preclude the department or the district from requiring |
| 424 | compliance with water quality standards or with current best |
| 425 | management practices requirements set forth in any applicable |
| 426 | regulatory program authorized by law for the purpose of |
| 427 | protecting water quality. Additionally, subparagraphs 1. and 2. |
| 428 | are applicable only to the extent that they do not conflict with |
| 429 | any rules promulgated by the department that are necessary to |
| 430 | maintain a federally delegated or approved program. |
| 431 | 4. Projects which reduce the phosphorus load originating |
| 432 | from domestic wastewater systems within the Lake Okeechobee |
| 433 | watershed shall be given funding priority in the department's |
| 434 | revolving loan program under s. 403.1835. The department shall |
| 435 | coordinate and provide assistance to those local governments |
| 436 | seeking financial assistance for such priority projects. |
| 437 | 5. Projects that make use of private lands, or lands held |
| 438 | in trust for Indian tribes, to reduce nutrient loadings or |
| 439 | concentrations within a basin by one or more of the following |
| 440 | methods: restoring the natural hydrology of the basin, restoring |
| 441 | wildlife habitat or impacted wetlands, reducing peak flows after |
| 442 | storm events, increasing aquifer recharge, or protecting range |
| 443 | and timberland from conversion to development, are eligible for |
| 444 | grants available under this section from the coordinating |
| 445 | agencies. For projects of otherwise equal priority, special |
| 446 | funding priority will be given to those projects that make best |
| 447 | use of the methods outlined above that involve public-private |
| 448 | partnerships or that obtain federal match money. Preference |
| 449 | ranking above the special funding priority will be given to |
| 450 | projects located in a rural area of critical economic concern |
| 451 | designated by the Governor. Grant applications may be submitted |
| 452 | by any person or tribal entity, and eligible projects may |
| 453 | include, but are not limited to, the purchase of conservation |
| 454 | and flowage easements, hydrologic restoration of wetlands, |
| 455 | creating treatment wetlands, development of a management plan |
| 456 | for natural resources, and financial support to implement a |
| 457 | management plan. |
| 458 | 6.a. The department shall require all entities disposing |
| 459 | of domestic wastewater residuals within the Lake Okeechobee |
| 460 | watershed and the remaining areas of Okeechobee, Glades, and |
| 461 | Hendry Counties to develop and submit to the department an |
| 462 | agricultural use plan that limits applications based upon |
| 463 | phosphorus loading. By July 1, 2005, phosphorus concentrations |
| 464 | originating from these application sites shall not exceed the |
| 465 | limits established in the district's WOD program. |
| 466 | b. Private and government-owned utilities within Monroe, |
| 467 | Dade, Broward, Palm Beach, Martin, St. Lucie, Indian River, |
| 468 | Okeechobee, Highlands, Hendry, and Glades Counties that dispose |
| 469 | of wastewater residual sludge from utility operations and septic |
| 470 | removal by land spreading in the Lake Okeechobee watershed may |
| 471 | use a line item on local sewer rates to cover wastewater |
| 472 | residual treatment and disposal if such disposal and treatment |
| 473 | is done by approved alternative treatment methodology at a |
| 474 | facility located within the areas designated by the Governor as |
| 475 | rural areas of critical economic concern pursuant to s. |
| 476 | 288.0656. This additional line item is an environmental |
| 477 | protection disposal fee above the present sewer rate and shall |
| 478 | not be considered a part of the present sewer rate to customers, |
| 479 | notwithstanding provisions to the contrary in chapter 367. The |
| 480 | fee shall be established by the county commission or its |
| 481 | designated assignee in the county in which the alternative |
| 482 | method treatment facility is located. The fee shall be |
| 483 | calculated to be no higher than that necessary to recover the |
| 484 | facility's prudent cost of providing the service. Upon request |
| 485 | by an affected county commission, the Florida Public Service |
| 486 | Commission will provide assistance in establishing the fee. |
| 487 | Further, for utilities and utility authorities that use the |
| 488 | additional line item environmental protection disposal fee, such |
| 489 | fee shall not be considered a rate increase under the rules of |
| 490 | the Public Service Commission and shall be exempt from such |
| 491 | rules. Utilities using the provisions of this section may |
| 492 | immediately include in their sewer invoicing the new |
| 493 | environmental protection disposal fee. Proceeds from this |
| 494 | environmental protection disposal fee shall be used for |
| 495 | treatment and disposal of wastewater residuals, including any |
| 496 | treatment technology that helps reduce the volume of residuals |
| 497 | that require final disposal, but such proceeds shall not be used |
| 498 | for transportation or shipment costs for disposal or any costs |
| 499 | relating to the land application of residuals in the Lake |
| 500 | Okeechobee watershed. |
| 501 | c. No less frequently than once every 3 years, the Florida |
| 502 | Public Service Commission or the county commission through the |
| 503 | services of an independent auditor shall perform a financial |
| 504 | audit of all facilities receiving compensation from an |
| 505 | environmental protection disposal fee. The Florida Public |
| 506 | Service Commission or the county commission through the services |
| 507 | of an independent auditor shall also perform an audit of the |
| 508 | methodology used in establishing the environmental protection |
| 509 | disposal fee. The Florida Public Service Commission or the |
| 510 | county commission shall, within 120 days after completion of an |
| 511 | audit, file the audit report with the President of the Senate |
| 512 | and the Speaker of the House of Representatives and shall |
| 513 | provide copies to the county commissions of the counties set |
| 514 | forth in sub-subparagraph b. The books and records of any |
| 515 | facilities receiving compensation from an environmental |
| 516 | protection disposal fee shall be open to the Florida Public |
| 517 | Service Commission and the Auditor General for review upon |
| 518 | request. |
| 519 | 7. The Department of Health shall require all entities |
| 520 | disposing of septage within the Lake Okeechobee watershed and |
| 521 | the remaining areas of Okeechobee, Glades, and Hendry Counties |
| 522 | to develop and submit to that agency, by July 1, 2003, an |
| 523 | agricultural use plan that limits applications based upon |
| 524 | phosphorus loading. By July 1, 2005, phosphorus concentrations |
| 525 | originating from these application sites shall not exceed the |
| 526 | limits established in the district's WOD program. |
| 527 | 8. The Department of Agriculture and Consumer Services |
| 528 | shall initiate rulemaking requiring entities within the Lake |
| 529 | Okeechobee watershed and the remaining areas of Okeechobee, |
| 530 | Glades, and Hendry Counties which land-apply animal manure to |
| 531 | develop conservation or nutrient management plans that limit |
| 532 | application, based upon phosphorus loading. Such rules may |
| 533 | include criteria and thresholds for the requirement to develop a |
| 534 | conservation or nutrient management plan, requirements for plan |
| 535 | approval, and recordkeeping requirements. |
| 536 | 9. Prior to authorizing a discharge into works of the |
| 537 | district, the district shall require responsible parties to |
| 538 | demonstrate that proposed changes in land use will not result in |
| 539 | increased phosphorus loading over that of existing land uses. |
| 540 | 10. The district, the department, or the Department of |
| 541 | Agriculture and Consumer Services, as appropriate, shall |
| 542 | implement those alternative nutrient reduction technologies |
| 543 | determined to be feasible pursuant to subparagraph (d)6. |
| 544 | (d) Lake Okeechobee Research and Water Quality Monitoring |
| 545 | Program.--By January 1, 2001, The district, in cooperation with |
| 546 | the other coordinating agencies, shall establish a Lake |
| 547 | Okeechobee Research and Water Quality Monitoring Program that |
| 548 | builds upon the district's existing Lake Okeechobee research |
| 549 | program. The program shall: |
| 550 | 1. Evaluate all available existing water quality data |
| 551 | concerning total phosphorus in the Lake Okeechobee watershed, |
| 552 | develop a water quality baseline to represent existing |
| 553 | conditions for total phosphorus, monitor long-term ecological |
| 554 | changes, including water quality for total phosphorus, and |
| 555 | measure compliance with water quality standards for total |
| 556 | phosphorus, including the total maximum daily load for Lake |
| 557 | Okeechobee as established pursuant to s. 403.067. The district |
| 558 | shall also implement a total phosphorus monitoring program at |
| 559 | all inflow structures to Lake Okeechobee. |
| 560 | 2. By July 1, 2003, Develop a Lake Okeechobee water |
| 561 | quality model that reasonably represents phosphorus dynamics of |
| 562 | the lake and incorporates an uncertainty analysis associated |
| 563 | with model predictions. |
| 564 | 3. By July 1, 2003, Determine the relative contribution of |
| 565 | phosphorus from all identifiable sources and all primary and |
| 566 | secondary land uses. |
| 567 | 4. By July 1, 2003, Conduct an assessment of the sources |
| 568 | of phosphorus from the Upper Kissimmee Chain-of-Lakes and Lake |
| 569 | Istokpoga, and their relative contribution to the water quality |
| 570 | of Lake Okeechobee. The results of this assessment shall be used |
| 571 | by the coordinating agencies to develop interim measures, best |
| 572 | management practices, or regulation, as applicable. |
| 573 | 5. By July 1, 2003, Assess current water management |
| 574 | practices within the Lake Okeechobee watershed and develop |
| 575 | recommendations for structural and operational improvements. |
| 576 | Such recommendations shall balance water supply, flood control, |
| 577 | estuarine salinity, maintenance of a healthy lake littoral zone, |
| 578 | and water quality considerations. |
| 579 | 6. By July 1, 2003, Evaluate the feasibility of |
| 580 | alternative nutrient reduction technologies, including sediment |
| 581 | traps, canal and ditch maintenance, fish production or other |
| 582 | aquaculture, bioenergy conversion processes, and algal or other |
| 583 | biological treatment technologies. |
| 584 | (e) Lake Okeechobee Exotic Species Control Program.--By |
| 585 | June 1, 2002, The coordinating agencies shall identify the |
| 586 | exotic species that threaten the native flora and fauna within |
| 587 | the Lake Okeechobee watershed and develop and implement measures |
| 588 | to protect the native flora and fauna. |
| 589 | (f) Lake Okeechobee Internal Phosphorus Management |
| 590 | Program.--By July 1, 2003, The district, in cooperation with the |
| 591 | other coordinating agencies and interested parties, shall |
| 592 | complete a Lake Okeechobee internal phosphorus load removal |
| 593 | feasibility study. The feasibility study shall be based on |
| 594 | technical feasibility, as well as economic considerations, and |
| 595 | address all reasonable methods of phosphorus removal. If methods |
| 596 | are found to be feasible, the district shall immediately pursue |
| 597 | the design, funding, and permitting for implementing such |
| 598 | methods. |
| 599 | (g) Lake Okeechobee Protection Plan implementation.--The |
| 600 | coordinating agencies shall be jointly responsible for |
| 601 | implementing the Lake Okeechobee Protection Plan, consistent |
| 602 | with the statutory authority and responsibility of each agency. |
| 603 | Annual funding priorities shall be jointly established and the |
| 604 | highest priority shall be assigned to programs and projects that |
| 605 | address phosphorus sources that have the highest relative |
| 606 | contribution to phosphorus loading and the greatest potential |
| 607 | for phosphorus reduction. In determining funding priorities, the |
| 608 | coordinating agencies shall also consider the need for |
| 609 | regulatory compliance, the extent to which the program or |
| 610 | project is ready to proceed, and the availability of federal |
| 611 | matching funds or other nonstate funding, including public- |
| 612 | private partnerships. Federal and other nonstate funding shall |
| 613 | be maximized to the greatest extent practicable. |
| 614 | (h)(g) Annual progress report.--Each January 1, beginning |
| 615 | in 2001, The district shall submit to the Governor, the |
| 616 | President of the Senate, and the Speaker of the House of |
| 617 | Representatives annual progress reports regarding implementation |
| 618 | of this section. The annual report shall include a summary of |
| 619 | water quality and habitat conditions in Lake Okeechobee and the |
| 620 | Lake Okeechobee watershed and the status of the Lake Okeechobee |
| 621 | Construction Project. The district shall prepare the report in |
| 622 | cooperation with the other coordinating agencies. |
| 623 | Section 2. This act shall take effect July 1, 2005. |