HB 155

1
A bill to be entitled
2An act relating to the Lake Okeechobee Protection Program;
3amending s. 373.4595, F.S.; providing legislative findings
4with respect to implementation and funding of the Lake
5Okeechobee Watershed Phosphorus Control Program and the
6Lake Okeechobee Protection Program; revising a definition;
7providing that the Department of Agriculture and Consumer
8Services, the Department of Environmental Protection, and
9the South Florida Water Management District be jointly
10responsible for implementing the Lake Okeechobee
11Protection Plan; requiring that annual funding priorities
12be jointly established; providing criteria for determining
13funding priorities; repealing obsolete provisions;
14providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Subsections (1), (2), and (3) of section
19373.4595, 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
23the most important water resources of the state, providing many
24functions benefiting the public interest, including
25agricultural, public, and environmental water supply; flood
26control; fishing; navigation and recreation; and habitat to
27endangered and threatened species and other flora and fauna.
28     (b)  The Legislature finds that land uses in the Lake
29Okeechobee watershed and the construction of the Central and
30Southern Florida Project have resulted in adverse changes to the
31hydrology and water quality of Lake Okeechobee. These hydrology
32and water quality changes have resulted in algal blooms and
33other adverse impacts to water quality both in Lake Okeechobee
34and in downstream receiving waters.
35     (c)  The Legislature finds that improvement to the
36hydrology and water quality of Lake Okeechobee is essential to
37the protection of the Everglades.
38     (d)  The Legislature also finds that it is imperative for
39the state, local governments, and agricultural and environmental
40communities to commit to restoring and protecting Lake
41Okeechobee and downstream receiving waters, and that a
42watershed-based approach to address these issues must be
43developed and implemented immediately.
44     (e)  The Legislature finds that phosphorus loads from the
45Lake Okeechobee watershed have contributed to excessive
46phosphorus levels in Lake Okeechobee and downstream receiving
47waters and that a reduction in levels of phosphorus will benefit
48the ecology of these systems. The excessive levels of phosphorus
49have also resulted in an accumulation of phosphorus in the
50sediments of Lake Okeechobee. If not removed, internal
51phosphorus loads from the sediments are expected to delay
52responses of the lake to external phosphorus reductions.
53     (f)  The Legislature finds that the Lake Okeechobee
54phosphorus loads set forth in the South Florida Water Management
55District's Technical Publication 81-2 represent an appropriate
56basis for the initial phase of phosphorus load reductions to
57Lake Okeechobee and that subsequent phases of phosphorus load
58reductions shall be determined by the total maximum daily loads
59established in accordance with s. 403.067.
60     (g)  The Legislature finds that this section, in
61conjunction with s. 403.067, provides a reasonable means of
62achieving and maintaining compliance with state water quality
63standards.
64     (h)  The Legislature finds that the implementation of the
65programs contained in this section is for the benefit of the
66public health, safety, and welfare and is in the public
67interest.
68     (i)  The Legislature finds that sufficient research has
69been conducted and sufficient plans developed to immediately
70initiate the first phase of a program to address the hydrology
71and water quality problems in Lake Okeechobee and downstream
72receiving waters.
73     (j)  The Legislature finds that in order to achieve the
74goals and objectives of this section and to effectively
75implement the Lake Okeechobee Watershed Phosphorus Control
76Program pursuant to paragraph (3)(c), the state must
77expeditiously implement the Lake Okeechobee Protection Plan
78developed pursuant to paragraph (3)(a).
79     (k)  The Legislature finds that a continuing source of
80funding is needed to effectively implement a phosphorus control
81program that initially targets the most significant sources
82contributing to phosphorus loads within the watershed and
83continues to address other sources as needed to achieve the
84phased phosphorus load reductions required under this section.
85     (l)(j)  It is the intent of the Legislature to achieve and
86maintain compliance with water quality standards in Lake
87Okeechobee and downstream receiving waters through a phased,
88comprehensive, and innovative protection program to reduce both
89internal and external phosphorus loads to Lake Okeechobee
90through immediate actions to achieve the phosphorus load
91reductions set forth in Technical Publication 81-2 and long-term
92solutions based upon the total maximum daily loads established
93in accordance with s. 403.067. This program shall be watershed-
94based, shall provide for consideration of all potential
95phosphorus sources, and shall include research and monitoring,
96development and implementation of best management practices,
97refinement of existing regulations, and structural and
98nonstructural projects, including public works.
99     (m)(k)  It is the intent of the Legislature that the Lake
100Okeechobee Protection Program be developed and implemented in
101coordination with and, to the greatest extent practicable,
102through the implementation of Restudy project components and
103other federal programs in order to maximize opportunities for
104the most efficient and timely expenditures of public funds.
105     (n)(l)  It is the intent of the Legislature that the
106coordinating agencies encourage and support the development of
107creative public-private partnerships and programs, including
108opportunities for pollutant trading and credits, to facilitate
109or further the restoration of Lake Okeechobee, consistent with
110s. 403.067.
111     (2)  DEFINITIONS.--As used in this section:
112     (a)  "Best management practice" means a practice or
113combination of practices determined by the coordinating
114agencies, based on research, field-testing, and expert review,
115to be the most effective and practicable on-location means,
116including economic and technological considerations, for
117improving water quality in agricultural and urban discharges.
118Best management practices for agricultural discharges shall
119reflect a balance between water quality improvements and
120agricultural productivity.
121     (b)  "Coordinating agencies" means the Department of
122Agriculture and Consumer Services, the Department of
123Environmental Protection, and the South Florida Water Management
124District.
125     (c)  "Corps of Engineers" means the United States Army
126Corps of Engineers.
127     (d)  "Department" means the Department of Environmental
128Protection.
129     (e)  "District" means the South Florida Water Management
130District.
131     (f)  "District's WOD program" means the program implemented
132pursuant to rules adopted as authorized by this section and ss.
133373.016, 373.044, 373.085, 373.086, 373.109, 373.113, 373.118,
134373.451, and 373.453, entitled "Works of the District Basin."
135     (g)  "Lake Okeechobee Construction Project" means the
136construction project developed pursuant to paragraph (3)(b).
137     (h)  "Lake Okeechobee Protection Plan" means the plan
138developed pursuant to this section and ss. 373.451-373.459.
139     (i)  "Lake Okeechobee watershed" means Lake Okeechobee and
140the area surrounding and tributary to Lake Okeechobee, composed
141of the 39 surrounding hydrologic basins, as defined by the Lake
142Okeechobee Protection Plan dated January 1, 2004 South Florida
143Water Management District SWIM Plan Update dated August 8, 1997.
144     (j)  "Lake Okeechobee Watershed Phosphorus Control Program"
145means the program developed pursuant to paragraph (3)(c).
146     (k)  "Project component" means any structural or
147operational change, resulting from the Restudy, to the Central
148and Southern Florida Project as it existed and was operated as
149of January 1, 1999.
150     (l)  "Restudy" means the Comprehensive Review Study of the
151Central and Southern Florida Project, for which federal
152participation was authorized by the Federal Water Resources
153Development Acts of 1992 and 1996 together with related
154Congressional resolutions and for which participation by the
155South Florida Water Management District is authorized by s.
156373.1501. The term includes all actions undertaken pursuant to
157the aforementioned authorizations which will result in
158recommendations for modifications or additions to the Central
159and Southern Florida Project.
160     (m)  "Total maximum daily load" means the sum of the
161individual wasteload allocations for point sources and the load
162allocations for nonpoint sources and natural background. Prior
163to determining individual wasteload allocations and load
164allocations, the maximum amount of a pollutant that a water body
165or water segment can assimilate from all sources without
166exceeding water quality standards must first be calculated.
167     (3)  LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection
168program for Lake Okeechobee that achieves phosphorus load
169reductions for Lake Okeechobee shall be immediately implemented
170as specified in this subsection. The program shall address the
171reduction of phosphorus loading to the lake from both internal
172and external sources. Phosphorus load reductions shall be
173achieved through a phased program of implementation. Initial
174implementation actions shall be technology-based, based upon a
175consideration of both the availability of appropriate technology
176and the cost of such technology, and shall include phosphorus
177reduction measures at both the source and the regional level.
178The initial phase of phosphorus load reductions shall be based
179upon the district's Technical Publication 81-2 and the
180district's WOD program, with subsequent phases of phosphorus
181load reductions based upon the total maximum daily loads
182established in accordance with s. 403.067. In the development
183and administration of the Lake Okeechobee Protection Program,
184the coordinating agencies shall maximize opportunities provided
185by federal cost-sharing programs and opportunities for
186partnerships with the private sector.
187     (a)  Lake Okeechobee Protection Plan.--By January 1, 2004,
188The district, in cooperation with the other coordinating
189agencies, shall complete a Lake Okeechobee Protection Plan in
190accordance with this section and ss. 373.451-373.459. The plan
191shall contain an implementation schedule for subsequent phases
192of phosphorus load reduction consistent with the total maximum
193daily loads established in accordance with s. 403.067. The plan
194shall consider and build upon a review and analysis of the
195following:
196     1.  The performance of projects constructed during Phase I
197of the Lake Okeechobee Construction Project, pursuant to
198paragraph (b).
199     2.  Relevant information resulting from the Lake Okeechobee
200Watershed Phosphorus Control Program, pursuant to paragraph (c).
201     3.  Relevant information resulting from the Lake Okeechobee
202Research and Water Quality Monitoring Program, pursuant to
203paragraph (d).
204     4.  Relevant information resulting from the Lake Okeechobee
205Exotic Species Control Program, pursuant to paragraph (e).
206     5.  Relevant information resulting from the Lake Okeechobee
207Internal Phosphorus Management Program, pursuant to paragraph
208(f).
209     (b)  Lake Okeechobee Construction Project.--To improve the
210hydrology and water quality of Lake Okeechobee and downstream
211receiving waters, the district shall design and construct the
212Lake Okeechobee Construction Project.
213     1.  Phase I.--Phase I of the Lake Okeechobee Construction
214Project shall consist of a series of project features consistent
215with the recommendations of the South Florida Ecosystem
216Restoration Working Group's Lake Okeechobee Action Plan.
217Priority basins for such projects include S-191, S-154, and
218Pools D and E in the Lower Kissimmee River. In order to obtain
219immediate phosphorus load reductions to Lake Okeechobee as soon
220as possible, the following actions shall be implemented:
221     a.  The district shall serve as a full partner with the
222Corps of Engineers in the design and construction of the Grassy
223Island Ranch and New Palm Dairy stormwater treatment facilities
224as components of the Lake Okeechobee Water Retention/Phosphorus
225Removal Critical Project. The Corps of Engineers shall have the
226lead in design and construction of these facilities. However,
227the district shall encourage the Corps of Engineers to complete
228a detailed design document by July 1, 2001. Should delays be
229encountered in the implementation of either of these facilities,
230the district shall notify the department and recommend
231corrective actions.
232     b.  By January 1, 2001, The district shall obtain permits
233and complete construction of two of the isolated wetland
234restoration projects that are part of the Lake Okeechobee Water
235Retention/Phosphorus Removal Critical Project. The additional
236isolated wetland projects included in this critical project
237shall be permitted and constructed by January 1, 2003, to
238further reduce phosphorus loading to Lake Okeechobee.
239     c.  By January 31, 2002, the district shall design and
240complete implementation of the Lake Okeechobee Tributary
241Sediment Removal Pilot Project. This project shall consist of
242testing two alternative technologies for trapping and collecting
243phosphorus-laden sediment in the secondary drainage system prior
244to its discharge into the primary canal system and Lake
245Okeechobee, thereby further reducing the total sediment loading
246to the lake.
247     c.d.  The district shall work with the Corps of Engineers
248to expedite initiation of the design process for the Taylor
249Creek/Nubbins Slough Reservoir Assisted Stormwater Treatment
250Area, a project component of the Restudy. The district shall
251propose to the Corps of Engineers that the district take the
252lead in the design and construction of the Reservoir Assisted
253Stormwater Treatment Area and receive credit towards the local
254share of the total cost of the Restudy.
255     2.  Phase II.--By January 1, 2004, The district, in
256cooperation with the other coordinating agencies and the Corps
257of Engineers, shall develop an implementation plan for Phase II
258of the Lake Okeechobee Construction Project. Phase II shall
259include construction of additional facilities in the priority
260basins identified in subparagraph (b)1., as well as facilities
261for other basins in the Lake Okeechobee watershed. The
262implementation plan shall:
263     a.  Identify Lake Okeechobee Construction Project
264facilities to be constructed to achieve a design objective of 40
265parts per billion (ppb) for phosphorus measured as a long-term
266flow weighted average concentration, unless an allocation has
267been established pursuant to s. 403.067 for the Lake Okeechobee
268total maximum daily load.
269     b.  Identify the size and location of all such Lake
270Okeechobee Construction Project facilities.
271     c.  Provide a construction schedule for all such Lake
272Okeechobee Construction Project facilities, including the
273sequencing and specific timeframe for construction of each Lake
274Okeechobee Construction Project facility.
275     d.  Provide a land acquisition schedule for lands necessary
276to achieve the construction schedule.
277     e.  Provide a detailed schedule of costs associated with
278the construction schedule.
279     f.  Identify, to the maximum extent practicable, impacts on
280wetlands and state-listed species expected to be associated with
281construction of such facilities, including potential
282alternatives to minimize and mitigate such impacts, as
283appropriate.
284     3.  Evaluation.--By January 1, 2004, and every 3 years
285thereafter, the district, in cooperation with the coordinating
286agencies, shall conduct an evaluation of any further phosphorus
287load reductions necessary to achieve compliance with the Lake
288Okeechobee total maximum daily load established pursuant to s.
289403.067. Additionally, the district shall identify modifications
290to facilities of the Lake Okeechobee Construction Project as
291appropriate if the design objective of 40 parts per billion
292(ppb) or the allocation established pursuant to s. 403.067 for
293the Lake Okeechobee total maximum daily load established
294pursuant to s. 403.067 is not being met. The evaluation shall be
295included in the applicable annual progress report submitted
296pursuant to paragraph (h)(g).
297     4.  Coordination and review.--To ensure the timely
298implementation of the Lake Okeechobee Construction Project, the
299design of project facilities shall be coordinated with the
300department and other interested parties to the maximum extent
301practicable. Lake Okeechobee Construction Project facilities
302shall be reviewed and commented upon by the department prior to
303the execution of a construction contract by the district for
304that facility.
305     (c)  Lake Okeechobee Watershed Phosphorus Control
306Program.--The Lake Okeechobee Watershed Phosphorus Control
307Program is designed to be a multifaceted approach to reducing
308phosphorus loads by improving the management of phosphorus
309sources within the Lake Okeechobee watershed through continued
310implementation of existing regulations and best management
311practices, development and implementation of improved best
312management practices, improvement and restoration of the
313hydrologic function of natural and managed systems, and
314utilization of alternative technologies for nutrient reduction.
315The coordinating agencies shall facilitate the application of
316federal programs that offer opportunities for water quality
317treatment, including preservation, restoration, or creation of
318wetlands on agricultural lands.
319     1.  Agricultural nonpoint source best management practices,
320developed in accordance with s. 403.067 and designed to achieve
321the objectives of the Lake Okeechobee Protection Program, shall
322be implemented on an expedited basis. By March 1, 2001, The
323coordinating agencies shall develop an interagency agreement
324pursuant to ss. 373.046 and 373.406(5) that assures the
325development of best management practices that complement
326existing regulatory programs and specifies how those best
327management practices are implemented and verified. The
328interagency agreement shall address measures to be taken by the
329coordinating agencies during any best management practice
330reevaluation performed pursuant to sub-subparagraph d. The
331department shall use best professional judgment in making the
332initial determination of best management practice effectiveness.
333     a.  As provided in s. 403.067(7)(d), by October 1, 2000,
334the Department of Agriculture and Consumer Services, in
335consultation with the department, the district, and affected
336parties, shall initiate rule development for interim measures,
337best management practices, conservation plans, nutrient
338management plans, or other measures necessary for Lake
339Okeechobee phosphorus load reduction. The rule shall include
340thresholds for requiring conservation and nutrient management
341plans and criteria for the contents of such plans. Development
342of agricultural nonpoint source best management practices shall
343initially focus on those priority basins listed in subparagraph
344(b)1. The Department of Agriculture and Consumer Services, in
345consultation with the department, the district, and affected
346parties, shall conduct an ongoing program for improvement of
347existing and development of new interim measures or best
348management practices for the purpose of adoption of such
349practices by rule.
350     b.  Where agricultural nonpoint source best management
351practices or interim measures have been adopted by rule of the
352Department of Agriculture and Consumer Services, the owner or
353operator of an agricultural nonpoint source addressed by such
354rule shall either implement interim measures or best management
355practices or demonstrate compliance with the district's WOD
356program by conducting monitoring prescribed by the department or
357the district. Owners or operators of agricultural nonpoint
358sources who implement interim measures or best management
359practices adopted by rule of the Department of Agriculture and
360Consumer Services shall be subject to the provisions of s.
361403.067(7). The Department of Agriculture and Consumer Services,
362in cooperation with the department and the district, shall
363provide technical and financial assistance for implementation of
364agricultural best management practices, subject to the
365availability of funds.
366     c.  The district or department shall conduct monitoring at
367representative sites to verify the effectiveness of agricultural
368nonpoint source best management practices.
369     d.  Where water quality problems are detected for
370agricultural nonpoint sources despite the appropriate
371implementation of adopted best management practices, the
372Department of Agriculture and Consumer Services, in consultation
373with the other coordinating agencies and affected parties, shall
374institute a reevaluation of the best management practices and
375make appropriate changes to the rule adopting best management
376practices.
377     2.  Nonagricultural nonpoint source best management
378practices, developed in accordance with s. 403.067 and designed
379to achieve the objectives of the Lake Okeechobee Protection
380Program, shall be implemented on an expedited basis. By March 1,
3812001, The department and the district shall develop an
382interagency agreement pursuant to ss. 373.046 and 373.406(5)
383that assures the development of best management practices that
384complement existing regulatory programs and specifies how those
385best management practices are implemented and verified. The
386interagency agreement shall address measures to be taken by the
387department and the district during any best management practice
388reevaluation performed pursuant to sub-subparagraph d.
389     a.  The department and the district are directed to work
390with the University of Florida's Institute of Food and
391Agricultural Sciences to develop appropriate nutrient
392application rates for all nonagricultural soil amendments in the
393watershed. As provided in s. 403.067(7)(c), by January 1, 2001,
394the department, in consultation with the district and affected
395parties, shall develop interim measures, best management
396practices, or other measures necessary for Lake Okeechobee
397phosphorus load reduction. Development of nonagricultural
398nonpoint source best management practices shall initially focus
399on those priority basins listed in subparagraph (b)1. The
400department, the district, and affected parties shall conduct an
401ongoing program for improvement of existing and development of
402new interim measures or best management practices. The district
403shall adopt technology-based standards under the district's WOD
404program for nonagricultural nonpoint sources of phosphorus.
405     b.  Where nonagricultural nonpoint source best management
406practices or interim measures have been developed by the
407department and adopted by the district, the owner or operator of
408a nonagricultural nonpoint source shall implement interim
409measures or best management practices and be subject to the
410provisions of s. 403.067(7). The department and district shall
411provide technical and financial assistance for implementation of
412nonagricultural nonpoint source best management practices,
413subject to the availability of funds.
414     c.  The district or the department shall conduct monitoring
415at representative sites to verify the effectiveness of
416nonagricultural nonpoint source best management practices.
417     d.  Where water quality problems are detected for
418nonagricultural nonpoint sources despite the appropriate
419implementation of adopted best management practices, the
420department and the district shall institute a reevaluation of
421the best management practices.
422     3.  The provisions of subparagraphs 1. and 2. shall not
423preclude the department or the district from requiring
424compliance with water quality standards or with current best
425management practices requirements set forth in any applicable
426regulatory program authorized by law for the purpose of
427protecting water quality. Additionally, subparagraphs 1. and 2.
428are applicable only to the extent that they do not conflict with
429any rules promulgated by the department that are necessary to
430maintain a federally delegated or approved program.
431     4.  Projects which reduce the phosphorus load originating
432from domestic wastewater systems within the Lake Okeechobee
433watershed shall be given funding priority in the department's
434revolving loan program under s. 403.1835. The department shall
435coordinate and provide assistance to those local governments
436seeking financial assistance for such priority projects.
437     5.  Projects that make use of private lands, or lands held
438in trust for Indian tribes, to reduce nutrient loadings or
439concentrations within a basin by one or more of the following
440methods: restoring the natural hydrology of the basin, restoring
441wildlife habitat or impacted wetlands, reducing peak flows after
442storm events, increasing aquifer recharge, or protecting range
443and timberland from conversion to development, are eligible for
444grants available under this section from the coordinating
445agencies.  For projects of otherwise equal priority, special
446funding priority will be given to those projects that make best
447use of the methods outlined above that involve public-private
448partnerships or that obtain federal match money. Preference
449ranking above the special funding priority will be given to
450projects located in a rural area of critical economic concern
451designated by the Governor. Grant applications may be submitted
452by any person or tribal entity, and eligible projects may
453include, but are not limited to, the purchase of conservation
454and flowage easements, hydrologic restoration of wetlands,
455creating treatment wetlands, development of a management plan
456for natural resources, and financial support to implement a
457management plan.
458     6.a.  The department shall require all entities disposing
459of domestic wastewater residuals within the Lake Okeechobee
460watershed and the remaining areas of Okeechobee, Glades, and
461Hendry Counties to develop and submit to the department an
462agricultural use plan that limits applications based upon
463phosphorus loading. By July 1, 2005, phosphorus concentrations
464originating from these application sites shall not exceed the
465limits established in the district's WOD program.
466     b.  Private and government-owned utilities within Monroe,
467Dade, Broward, Palm Beach, Martin, St. Lucie, Indian River,
468Okeechobee, Highlands, Hendry, and Glades Counties that dispose
469of wastewater residual sludge from utility operations and septic
470removal by land spreading in the Lake Okeechobee watershed may
471use a line item on local sewer rates to cover wastewater
472residual treatment and disposal if such disposal and treatment
473is done by approved alternative treatment methodology at a
474facility located within the areas designated by the Governor as
475rural areas of critical economic concern pursuant to s.
476288.0656. This additional line item is an environmental
477protection disposal fee above the present sewer rate and shall
478not be considered a part of the present sewer rate to customers,
479notwithstanding provisions to the contrary in chapter 367. The
480fee shall be established by the county commission or its
481designated assignee in the county in which the alternative
482method treatment facility is located. The fee shall be
483calculated to be no higher than that necessary to recover the
484facility's prudent cost of providing the service. Upon request
485by an affected county commission, the Florida Public Service
486Commission will provide assistance in establishing the fee.
487Further, for utilities and utility authorities that use the
488additional line item environmental protection disposal fee, such
489fee shall not be considered a rate increase under the rules of
490the Public Service Commission and shall be exempt from such
491rules. Utilities using the provisions of this section may
492immediately include in their sewer invoicing the new
493environmental protection disposal fee. Proceeds from this
494environmental protection disposal fee shall be used for
495treatment and disposal of wastewater residuals, including any
496treatment technology that helps reduce the volume of residuals
497that require final disposal, but such proceeds shall not be used
498for transportation or shipment costs for disposal or any costs
499relating to the land application of residuals in the Lake
500Okeechobee watershed.
501     c.  No less frequently than once every 3 years, the Florida
502Public Service Commission or the county commission through the
503services of an independent auditor shall perform a financial
504audit of all facilities receiving compensation from an
505environmental protection disposal fee. The Florida Public
506Service Commission or the county commission through the services
507of an independent auditor shall also perform an audit of the
508methodology used in establishing the environmental protection
509disposal fee. The Florida Public Service Commission or the
510county commission shall, within 120 days after completion of an
511audit, file the audit report with the President of the Senate
512and the Speaker of the House of Representatives and shall
513provide copies to the county commissions of the counties set
514forth in sub-subparagraph b. The books and records of any
515facilities receiving compensation from an environmental
516protection disposal fee shall be open to the Florida Public
517Service Commission and the Auditor General for review upon
518request.
519     7.  The Department of Health shall require all entities
520disposing of septage within the Lake Okeechobee watershed and
521the remaining areas of Okeechobee, Glades, and Hendry Counties
522to develop and submit to that agency, by July 1, 2003, an
523agricultural use plan that limits applications based upon
524phosphorus loading. By July 1, 2005, phosphorus concentrations
525originating from these application sites shall not exceed the
526limits established in the district's WOD program.
527     8.  The Department of Agriculture and Consumer Services
528shall initiate rulemaking requiring entities within the Lake
529Okeechobee watershed and the remaining areas of Okeechobee,
530Glades, and Hendry Counties which land-apply animal manure to
531develop conservation or nutrient management plans that limit
532application, based upon phosphorus loading. Such rules may
533include criteria and thresholds for the requirement to develop a
534conservation or nutrient management plan, requirements for plan
535approval, and recordkeeping requirements.
536     9.  Prior to authorizing a discharge into works of the
537district, the district shall require responsible parties to
538demonstrate that proposed changes in land use will not result in
539increased phosphorus loading over that of existing land uses.
540     10.  The district, the department, or the Department of
541Agriculture and Consumer Services, as appropriate, shall
542implement those alternative nutrient reduction technologies
543determined to be feasible pursuant to subparagraph (d)6.
544     (d)  Lake Okeechobee Research and Water Quality Monitoring
545Program.--By January 1, 2001, The district, in cooperation with
546the other coordinating agencies, shall establish a Lake
547Okeechobee Research and Water Quality Monitoring Program that
548builds upon the district's existing Lake Okeechobee research
549program. The program shall:
550     1.  Evaluate all available existing water quality data
551concerning total phosphorus in the Lake Okeechobee watershed,
552develop a water quality baseline to represent existing
553conditions for total phosphorus, monitor long-term ecological
554changes, including water quality for total phosphorus, and
555measure compliance with water quality standards for total
556phosphorus, including the total maximum daily load for Lake
557Okeechobee as established pursuant to s. 403.067. The district
558shall also implement a total phosphorus monitoring program at
559all inflow structures to Lake Okeechobee.
560     2.  By July 1, 2003, Develop a Lake Okeechobee water
561quality model that reasonably represents phosphorus dynamics of
562the lake and incorporates an uncertainty analysis associated
563with model predictions.
564     3.  By July 1, 2003, Determine the relative contribution of
565phosphorus from all identifiable sources and all primary and
566secondary land uses.
567     4.  By July 1, 2003, Conduct an assessment of the sources
568of phosphorus from the Upper Kissimmee Chain-of-Lakes and Lake
569Istokpoga, and their relative contribution to the water quality
570of Lake Okeechobee. The results of this assessment shall be used
571by the coordinating agencies to develop interim measures, best
572management practices, or regulation, as applicable.
573     5.  By July 1, 2003, Assess current water management
574practices within the Lake Okeechobee watershed and develop
575recommendations for structural and operational improvements.
576Such recommendations shall balance water supply, flood control,
577estuarine salinity, maintenance of a healthy lake littoral zone,
578and water quality considerations.
579     6.  By July 1, 2003, Evaluate the feasibility of
580alternative nutrient reduction technologies, including sediment
581traps, canal and ditch maintenance, fish production or other
582aquaculture, bioenergy conversion processes, and algal or other
583biological treatment technologies.
584     (e)  Lake Okeechobee Exotic Species Control Program.--By
585June 1, 2002, The coordinating agencies shall identify the
586exotic species that threaten the native flora and fauna within
587the Lake Okeechobee watershed and develop and implement measures
588to protect the native flora and fauna.
589     (f)  Lake Okeechobee Internal Phosphorus Management
590Program.--By July 1, 2003, The district, in cooperation with the
591other coordinating agencies and interested parties, shall
592complete a Lake Okeechobee internal phosphorus load removal
593feasibility study. The feasibility study shall be based on
594technical feasibility, as well as economic considerations, and
595address all reasonable methods of phosphorus removal. If methods
596are found to be feasible, the district shall immediately pursue
597the design, funding, and permitting for implementing such
598methods.
599     (g)  Lake Okeechobee Protection Plan implementation.--The
600coordinating agencies shall be jointly responsible for
601implementing the Lake Okeechobee Protection Plan, consistent
602with the statutory authority and responsibility of each agency.
603Annual funding priorities shall be jointly established and the
604highest priority shall be assigned to programs and projects that
605address phosphorus sources that have the highest relative
606contribution to phosphorus loading and the greatest potential
607for phosphorus reduction. In determining funding priorities, the
608coordinating agencies shall also consider the need for
609regulatory compliance, the extent to which the program or
610project is ready to proceed, and the availability of federal
611matching funds or other nonstate funding, including public-
612private partnerships. Federal and other nonstate funding shall
613be maximized to the greatest extent practicable.
614     (h)(g)  Annual progress report.--Each January 1, beginning
615in 2001, the district shall submit to the Governor, the
616President of the Senate, and the Speaker of the House of
617Representatives annual progress reports regarding implementation
618of this section. The annual report shall include a summary of
619water quality and habitat conditions in Lake Okeechobee and the
620Lake Okeechobee watershed and the status of the Lake Okeechobee
621Construction Project. The district shall prepare the report in
622cooperation with the other coordinating agencies.
623     Section 2.  This act shall take effect July 1, 2005.


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