Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 502
                        Barcode 851460
                            CHAMBER ACTION
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11  The Committee on Environmental Preservation (Alexander)
12  recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
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
23  of the most important water resources of the state, providing
24  many 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
31  the hydrology and water quality of Lake Okeechobee. These
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 502 Barcode 851460 1 hydrology and water quality changes have resulted in algal 2 blooms and other adverse impacts to water quality both in Lake 3 Okeechobee and in downstream receiving waters. 4 (c) The Legislature finds that improvement to the 5 hydrology and water quality of Lake Okeechobee is essential to 6 the protection of the Everglades. 7 (d) The Legislature also finds that it is imperative 8 for the state, local governments, and agricultural and 9 environmental communities to commit to restoring and 10 protecting Lake Okeechobee and downstream receiving waters, 11 and that a watershed-based approach to address these issues 12 must be developed and implemented immediately. 13 (e) The Legislature finds that phosphorus loads from 14 the Lake Okeechobee watershed have contributed to excessive 15 phosphorus levels in Lake Okeechobee and downstream receiving 16 waters and that a reduction in levels of phosphorus will 17 benefit the ecology of these systems. The excessive levels of 18 phosphorus have also resulted in an accumulation of phosphorus 19 in the sediments of Lake Okeechobee. If not removed, internal 20 phosphorus loads from the sediments are expected to delay 21 responses of the lake to external phosphorus reductions. 22 (f) The Legislature finds that the Lake Okeechobee 23 phosphorus loads set forth in the South Florida Water 24 Management District's Technical Publication 81-2 represent an 25 appropriate basis for the initial phase of phosphorus load 26 reductions to Lake Okeechobee and that subsequent phases of 27 phosphorus load reductions shall be determined by the total 28 maximum daily loads established in accordance with s. 403.067. 29 (g) The Legislature finds that this section, in 30 conjunction with s. 403.067, provides a reasonable means of 31 achieving and maintaining compliance with state water quality 2 1:15 PM 02/21/05 s0502.ep17.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 502 Barcode 851460 1 standards. 2 (h) The Legislature finds that the implementation of 3 the programs contained in this section is for the benefit of 4 the public health, safety, and welfare and is in the public 5 interest. 6 (i) The Legislature finds that sufficient research has 7 been conducted and sufficient plans developed to immediately 8 initiate the first phase of a program to address the hydrology 9 and water quality problems in Lake Okeechobee and downstream 10 receiving waters. 11 (j) The Legislature finds that in order to achieve the 12 goals and objectives of this section and to effectively 13 implement the Lake Okeechobee Watershed Phosphorus Control 14 Program pursuant to paragraph (3)(c), the state must 15 expeditiously implement the Lake Okeechobee Protection Plan 16 developed pursuant to paragraph (3)(a). 17 (k) The Legislature finds that a continuing source of 18 funding is needed to effectively implement a phosphorus 19 control program that initially targets the most significant 20 sources contributing to phosphorus loads within the watershed 21 and continues to address other sources as needed to achieve 22 the phased phosphorus load reductions required under this 23 section. 24 (l)(j) It is the intent of the Legislature to achieve 25 and maintain compliance with water quality standards in Lake 26 Okeechobee and downstream receiving waters through a phased, 27 comprehensive, and innovative protection program to reduce 28 both internal and external phosphorus loads to Lake Okeechobee 29 through immediate actions to achieve the phosphorus load 30 reductions set forth in Technical Publication 81-2 and 31 long-term solutions based upon the total maximum daily loads 3 1:15 PM 02/21/05 s0502.ep17.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 502 Barcode 851460 1 established in accordance with s. 403.067. This program shall 2 be watershed-based, shall provide for consideration of all 3 potential phosphorus sources, and shall include research and 4 monitoring, development and implementation of best management 5 practices, refinement of existing regulations, and structural 6 and nonstructural projects, including public works. 7 (m)(k) It is the intent of the Legislature that the 8 Lake Okeechobee Protection Program be developed and 9 implemented in coordination with and, to the greatest extent 10 practicable, through the implementation of Restudy project 11 components and other federal programs in order to maximize 12 opportunities for the most efficient and timely expenditures 13 of public funds. 14 (n)(l) It is the intent of the Legislature that the 15 coordinating agencies encourage and support the development of 16 creative public-private partnerships and programs, including 17 opportunities for pollutant trading and credits, to facilitate 18 or further the restoration of Lake Okeechobee, consistent with 19 s. 403.067. 20 (o) It is the intent of the Legislature to provide 21 funding on a continuing basis for the purpose of implementing 22 the Lake Okeechobee Protection Plan and achieving phosphorus 23 load reductions consistent with total maximum daily loads 24 established pursuant to s. 403.067. 25 (2) DEFINITIONS.--As used in this section: 26 (a) "Best management practice" means a practice or 27 combination of practices determined by the coordinating 28 agencies, based on research, field-testing, and expert review, 29 to be the most effective and practicable on-location means, 30 including economic and technological considerations, for 31 improving water quality in agricultural and urban discharges. 4 1:15 PM 02/21/05 s0502.ep17.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 502 Barcode 851460 1 Best management practices for agricultural discharges shall 2 reflect a balance between water quality improvements and 3 agricultural productivity. 4 (b) "Coordinating agencies" means the Department of 5 Agriculture and Consumer Services, the Department of 6 Environmental Protection, and the South Florida Water 7 Management District. 8 (c) "Corps of Engineers" means the United States Army 9 Corps of Engineers. 10 (d) "Department" means the Department of Environmental 11 Protection. 12 (e) "District" means the South Florida Water 13 Management District. 14 (f) "District's WOD program" means the program 15 implemented pursuant to rules adopted as authorized by this 16 section and ss. 373.016, 373.044, 373.085, 373.086, 373.109, 17 373.113, 373.118, 373.451, and 373.453, entitled "Works of the 18 District Basin." 19 (g) "Lake Okeechobee Construction Project" means the 20 construction project developed pursuant to paragraph (3)(b). 21 (h) "Lake Okeechobee Protection Plan" means the plan 22 developed pursuant to this section and ss. 373.451-373.459. 23 (i) "Lake Okeechobee watershed" means Lake Okeechobee 24 and the area surrounding and tributary to Lake Okeechobee, 25 composed of the 39 surrounding hydrologic basins, as defined 26 by the Lake Okeechobee Protection Plan dated January 1, 2004. 27 South Florida Water Management District SWIM Plan Update dated 28 August 8, 1997. 29 (j) "Lake Okeechobee Watershed Phosphorus Control 30 Program" means the program developed pursuant to paragraph 31 (3)(c). 5 1:15 PM 02/21/05 s0502.ep17.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 502 Barcode 851460 1 (k) "Project component" means any structural or 2 operational change, resulting from the Restudy, to the Central 3 and Southern Florida Project as it existed and was operated as 4 of January 1, 1999. 5 (l) "Restudy" means the Comprehensive Review Study of 6 the Central and Southern Florida Project, for which federal 7 participation was authorized by the Federal Water Resources 8 Development Acts of 1992 and 1996 together with related 9 Congressional resolutions and for which participation by the 10 South Florida Water Management District is authorized by s. 11 373.1501. The term includes all actions undertaken pursuant to 12 the aforementioned authorizations which will result in 13 recommendations for modifications or additions to the Central 14 and Southern Florida Project. 15 (m) "Total maximum daily load" means the sum of the 16 individual wasteload allocations for point sources and the 17 load allocations for nonpoint sources and natural background. 18 Prior to determining individual wasteload allocations and load 19 allocations, the maximum amount of a pollutant that a water 20 body or water segment can assimilate from all sources without 21 exceeding water quality standards must first be calculated. 22 (3) LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection 23 program for Lake Okeechobee that achieves phosphorus load 24 reductions for Lake Okeechobee shall be immediately 25 implemented as specified in this subsection. The program shall 26 address the reduction of phosphorus loading to the lake from 27 both internal and external sources. Phosphorus load reductions 28 shall be achieved through a phased program of implementation. 29 Initial implementation actions shall be technology-based, 30 based upon a consideration of both the availability of 31 appropriate technology and the cost of such technology, and 6 1:15 PM 02/21/05 s0502.ep17.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 502 Barcode 851460 1 shall include phosphorus reduction measures at both the source 2 and the regional level. The initial phase of phosphorus load 3 reductions shall be based upon the district's Technical 4 Publication 81-2 and the district's WOD program, with 5 subsequent phases of phosphorus load reductions based upon the 6 total maximum daily loads established in accordance with s. 7 403.067. In the development and administration of the Lake 8 Okeechobee Protection Program, the coordinating agencies shall 9 maximize opportunities provided by federal cost-sharing 10 programs and opportunities for partnerships with the private 11 sector. 12 (a) Lake Okeechobee Protection Plan.--By January 1, 13 2004, The district, in cooperation with the other coordinating 14 agencies, shall complete a Lake Okeechobee Protection Plan in 15 accordance with this section and ss. 373.451-373.459. The plan 16 shall contain an implementation schedule for subsequent phases 17 of phosphorus load reduction consistent with the total maximum 18 daily loads established in accordance with s. 403.067. The 19 plan shall consider and build upon a review and analysis of 20 the following: 21 1. The performance of projects constructed during 22 Phase I of the Lake Okeechobee Construction Project, pursuant 23 to paragraph (b). 24 2. Relevant information resulting from the Lake 25 Okeechobee Watershed Phosphorus Control Program, pursuant to 26 paragraph (c). 27 3. Relevant information resulting from the Lake 28 Okeechobee Research and Water Quality Monitoring Program, 29 pursuant to paragraph (d). 30 4. Relevant information resulting from the Lake 31 Okeechobee Exotic Species Control Program, pursuant to 7 1:15 PM 02/21/05 s0502.ep17.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 502 Barcode 851460 1 paragraph (e). 2 5. Relevant information resulting from the Lake 3 Okeechobee Internal Phosphorus Management Program, pursuant to 4 paragraph (f). 5 (b) Lake Okeechobee Construction Project.--To improve 6 the hydrology and water quality of Lake Okeechobee and 7 downstream receiving waters, the district shall design and 8 construct the Lake Okeechobee Construction Project. 9 1. Phase I.--Phase I of the Lake Okeechobee 10 Construction Project shall consist of a series of project 11 features consistent with the recommendations of the South 12 Florida Ecosystem Restoration Working Group's Lake Okeechobee 13 Action Plan. Priority basins for such projects include S-191, 14 S-154, and Pools D and E in the Lower Kissimmee River. In 15 order to obtain immediate phosphorus load reductions to Lake 16 Okeechobee as soon as possible, the following actions shall be 17 implemented: 18 a. The district shall serve as a full partner with the 19 Corps of Engineers in the design and construction of the 20 Grassy Island Ranch and New Palm Dairy stormwater treatment 21 facilities as components of the Lake Okeechobee Water 22 Retention/Phosphorus Removal Critical Project. The Corps of 23 Engineers shall have the lead in design and construction of 24 these facilities. However, the district shall encourage the 25 Corps of Engineers to complete a detailed design document by 26 July 1, 2001. Should delays be encountered in the 27 implementation of either of these facilities, the district 28 shall notify the department and recommend corrective actions. 29 b. By January 1, 2001, The district shall obtain 30 permits and complete construction of two of the isolated 31 wetland restoration projects that are part of the Lake 8 1:15 PM 02/21/05 s0502.ep17.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 502 Barcode 851460 1 Okeechobee Water Retention/Phosphorus Removal Critical 2 Project. The additional isolated wetland projects included in 3 this critical project shall be permitted and constructed by 4 January 1, 2003, to further reduce phosphorus loading to Lake 5 Okeechobee. 6 c. By January 31, 2002, the district shall design and 7 complete implementation of the Lake Okeechobee Tributary 8 Sediment Removal Pilot Project. This project shall consist of 9 testing two alternative technologies for trapping and 10 collecting phosphorus-laden sediment in the secondary drainage 11 system prior to its discharge into the primary canal system 12 and Lake Okeechobee, thereby further reducing the total 13 sediment loading to the lake. 14 c.d. The district shall work with the Corps of 15 Engineers to expedite initiation of the design process for the 16 Taylor Creek/Nubbins Slough Reservoir Assisted Stormwater 17 Treatment Area, a project component of the Restudy. The 18 district shall propose to the Corps of Engineers that the 19 district take the lead in the design and construction of the 20 Reservoir Assisted Stormwater Treatment Area and receive 21 credit towards the local share of the total cost of the 22 Restudy. 23 2. Phase II.--By January 1, 2004, The district, in 24 cooperation with the other coordinating agencies and the Corps 25 of Engineers, shall develop an implementation plan for Phase 26 II of the Lake Okeechobee Construction Project. Phase II shall 27 include construction of additional facilities in the priority 28 basins identified in subparagraph (b)1., as well as facilities 29 for other basins in the Lake Okeechobee watershed. The 30 implementation plan shall: 31 a. Identify Lake Okeechobee Construction Project 9 1:15 PM 02/21/05 s0502.ep17.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 502 Barcode 851460 1 facilities to be constructed to achieve a design objective of 2 40 parts per billion (ppb) for phosphorus measured as a 3 long-term flow weighted average concentration, unless an 4 allocation has been established pursuant to s. 403.067 for the 5 Lake Okeechobee total maximum daily load. 6 b. Identify the size and location of all such Lake 7 Okeechobee Construction Project facilities. 8 c. Provide a construction schedule for all such Lake 9 Okeechobee Construction Project facilities, including the 10 sequencing and specific timeframe for construction of each 11 Lake Okeechobee Construction Project facility. 12 d. Provide a land acquisition schedule for lands 13 necessary to achieve the construction schedule. 14 e. Provide a detailed schedule of costs associated 15 with the construction schedule. 16 f. Identify, to the maximum extent practicable, 17 impacts on wetlands and state-listed species expected to be 18 associated with construction of such facilities, including 19 potential alternatives to minimize and mitigate such impacts, 20 as appropriate. 21 3. Evaluation.--By January 1, 2004, and every 3 years 22 thereafter, the district, in cooperation with the coordinating 23 agencies, shall conduct an evaluation of any further 24 phosphorus load reductions necessary to achieve compliance 25 with the Lake Okeechobee total maximum daily load established 26 pursuant to s. 403.067. Additionally, the district shall 27 identify modifications to facilities of the Lake Okeechobee 28 Construction Project as appropriate if the design objective of 29 40 parts per billion (ppb) or the allocation established 30 pursuant to s. 403.067 for the Lake Okeechobee total maximum 31 daily load established pursuant to s. 403.067 is not being 10 1:15 PM 02/21/05 s0502.ep17.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 502 Barcode 851460 1 met. The evaluation shall be included in the applicable annual 2 progress report submitted pursuant to paragraph (g). 3 4. Coordination and review.--To ensure the timely 4 implementation of the Lake Okeechobee Construction Project, 5 the design of project facilities shall be coordinated with the 6 department and other interested parties to the maximum extent 7 practicable. Lake Okeechobee Construction Project facilities 8 shall be reviewed and commented upon by the department prior 9 to the execution of a construction contract by the district 10 for that facility. 11 (c) Lake Okeechobee Watershed Phosphorus Control 12 Program.--The Lake Okeechobee Watershed Phosphorus Control 13 Program is designed to be a multifaceted approach to reducing 14 phosphorus loads by improving the management of phosphorus 15 sources within the Lake Okeechobee watershed through continued 16 implementation of existing regulations and best management 17 practices, development and implementation of improved best 18 management practices, improvement and restoration of the 19 hydrologic function of natural and managed systems, and 20 utilization of alternative technologies for nutrient 21 reduction. The coordinating agencies shall facilitate the 22 application of federal programs that offer opportunities for 23 water quality treatment, including preservation, restoration, 24 or creation of wetlands on agricultural lands. 25 1. Agricultural nonpoint source best management 26 practices, developed in accordance with s. 403.067 and 27 designed to achieve the objectives of the Lake Okeechobee 28 Protection Program, shall be implemented on an expedited 29 basis. By March 1, 2001, The coordinating agencies shall 30 develop an interagency agreement pursuant to ss. 373.046 and 31 373.406(5) that assures the development of best management 11 1:15 PM 02/21/05 s0502.ep17.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 502 Barcode 851460 1 practices that complement existing regulatory programs and 2 specifies how those best management practices are implemented 3 and verified. The interagency agreement shall address measures 4 to be taken by the coordinating agencies during any best 5 management practice reevaluation performed pursuant to 6 sub-subparagraph d. The department shall use best professional 7 judgment in making the initial determination of best 8 management practice effectiveness. 9 a. As provided in s. 403.067(7)(d), by October 1, 10 2000, the Department of Agriculture and Consumer Services, in 11 consultation with the department, the district, and affected 12 parties, shall initiate rule development for interim measures, 13 best management practices, conservation plans, nutrient 14 management plans, or other measures necessary for Lake 15 Okeechobee phosphorus load reduction. The rule shall include 16 thresholds for requiring conservation and nutrient management 17 plans and criteria for the contents of such plans. Development 18 of agricultural nonpoint source best management practices 19 shall initially focus on those priority basins listed in 20 subparagraph (b)1. The Department of Agriculture and Consumer 21 Services, in consultation with the department, the district, 22 and affected parties, shall conduct an ongoing program for 23 improvement of existing and development of new interim 24 measures or best management practices for the purpose of 25 adoption of such practices by rule. 26 b. Where agricultural nonpoint source best management 27 practices or interim measures have been adopted by rule of the 28 Department of Agriculture and Consumer Services, the owner or 29 operator of an agricultural nonpoint source addressed by such 30 rule shall either implement interim measures or best 31 management practices or demonstrate compliance with the 12 1:15 PM 02/21/05 s0502.ep17.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 502 Barcode 851460 1 district's WOD program by conducting monitoring prescribed by 2 the department or the district. Owners or operators of 3 agricultural nonpoint sources who implement interim measures 4 or best management practices adopted by rule of the Department 5 of Agriculture and Consumer Services shall be subject to the 6 provisions of s. 403.067(7). The Department of Agriculture and 7 Consumer Services, in cooperation with the department and the 8 district, shall provide technical and financial assistance for 9 implementation of agricultural best management practices, 10 subject to the availability of funds. 11 c. The district or department shall conduct monitoring 12 at representative sites to verify the effectiveness of 13 agricultural nonpoint source best management practices. 14 d. Where water quality problems are detected for 15 agricultural nonpoint sources despite the appropriate 16 implementation of adopted best management practices, the 17 Department of Agriculture and Consumer Services, in 18 consultation with the other coordinating agencies and affected 19 parties, shall institute a reevaluation of the best management 20 practices and make appropriate changes to the rule adopting 21 best management practices. 22 2. Nonagricultural nonpoint source best management 23 practices, developed in accordance with s. 403.067 and 24 designed to achieve the objectives of the Lake Okeechobee 25 Protection Program, shall be implemented on an expedited 26 basis. By March 1, 2001, The department and the district shall 27 develop an interagency agreement pursuant to ss. 373.046 and 28 373.406(5) that assures the development of best management 29 practices that complement existing regulatory programs and 30 specifies how those best management practices are implemented 31 and verified. The interagency agreement shall address measures 13 1:15 PM 02/21/05 s0502.ep17.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 502 Barcode 851460 1 to be taken by the department and the district during any best 2 management practice reevaluation performed pursuant to 3 sub-subparagraph d. 4 a. The department and the district are directed to 5 work with the University of Florida's Institute of Food and 6 Agricultural Sciences to develop appropriate nutrient 7 application rates for all nonagricultural soil amendments in 8 the watershed. As provided in s. 403.067(7)(c), by January 1, 9 2001, the department, in consultation with the district and 10 affected parties, shall develop interim measures, best 11 management practices, or other measures necessary for Lake 12 Okeechobee phosphorus load reduction. Development of 13 nonagricultural nonpoint source best management practices 14 shall initially focus on those priority basins listed in 15 subparagraph (b)1. The department, the district, and affected 16 parties shall conduct an ongoing program for improvement of 17 existing and development of new interim measures or best 18 management practices. The district shall adopt 19 technology-based standards under the district's WOD program 20 for nonagricultural nonpoint sources of phosphorus. 21 b. Where nonagricultural nonpoint source best 22 management practices or interim measures have been developed 23 by the department and adopted by the district, the owner or 24 operator of a nonagricultural nonpoint source shall implement 25 interim measures or best management practices and be subject 26 to the provisions of s. 403.067(7). The department and 27 district shall provide technical and financial assistance for 28 implementation of nonagricultural nonpoint source best 29 management practices, subject to the availability of funds. 30 c. The district or the department shall conduct 31 monitoring at representative sites to verify the effectiveness 14 1:15 PM 02/21/05 s0502.ep17.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 502 Barcode 851460 1 of nonagricultural nonpoint source best management practices. 2 d. Where water quality problems are detected for 3 nonagricultural nonpoint sources despite the appropriate 4 implementation of adopted best management practices, the 5 department and the district shall institute a reevaluation of 6 the best management practices. 7 3. The provisions of subparagraphs 1. and 2. shall not 8 preclude the department or the district from requiring 9 compliance with water quality standards or with current best 10 management practices requirements set forth in any applicable 11 regulatory program authorized by law for the purpose of 12 protecting water quality. Additionally, subparagraphs 1. and 13 2. are applicable only to the extent that they do not conflict 14 with any rules promulgated by the department that are 15 necessary to maintain a federally delegated or approved 16 program. 17 4. Projects which reduce the phosphorus load 18 originating from domestic wastewater systems within the Lake 19 Okeechobee watershed shall be given funding priority in the 20 department's revolving loan program under s. 403.1835. The 21 department shall coordinate and provide assistance to those 22 local governments seeking financial assistance for such 23 priority projects. 24 5. Projects that make use of private lands, or lands 25 held in trust for Indian tribes, to reduce nutrient loadings 26 or concentrations within a basin by one or more of the 27 following methods: restoring the natural hydrology of the 28 basin, restoring wildlife habitat or impacted wetlands, 29 reducing peak flows after storm events, increasing aquifer 30 recharge, or protecting range and timberland from conversion 31 to development, are eligible for grants available under this 15 1:15 PM 02/21/05 s0502.ep17.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 502 Barcode 851460 1 section from the coordinating agencies. For projects of 2 otherwise equal priority, special funding priority will be 3 given to those projects that make best use of the methods 4 outlined above that involve public-private partnerships or 5 that obtain federal match money. Preference ranking above the 6 special funding priority will be given to projects located in 7 a rural area of critical economic concern designated by the 8 Governor. Grant applications may be submitted by any person or 9 tribal entity, and eligible projects may include, but are not 10 limited to, the purchase of conservation and flowage 11 easements, hydrologic restoration of wetlands, creating 12 treatment wetlands, development of a management plan for 13 natural resources, and financial support to implement a 14 management plan. 15 6.a. The department shall require all entities 16 disposing of domestic wastewater residuals within the Lake 17 Okeechobee watershed and the remaining areas of Okeechobee, 18 Glades, and Hendry Counties to develop and submit to the 19 department an agricultural use plan that limits applications 20 based upon phosphorus loading. By July 1, 2005, phosphorus 21 concentrations originating from these application sites shall 22 not exceed the limits established in the district's WOD 23 program. 24 b. Private and government-owned utilities within 25 Monroe, Dade, Broward, Palm Beach, Martin, St. Lucie, Indian 26 River, Okeechobee, Highlands, Hendry, and Glades Counties that 27 dispose of wastewater residual sludge from utility operations 28 and septic removal by land spreading in the Lake Okeechobee 29 watershed may use a line item on local sewer rates to cover 30 wastewater residual treatment and disposal if such disposal 31 and treatment is done by approved alternative treatment 16 1:15 PM 02/21/05 s0502.ep17.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 502 Barcode 851460 1 methodology at a facility located within the areas designated 2 by the Governor as rural areas of critical economic concern 3 pursuant to s. 288.0656. This additional line item is an 4 environmental protection disposal fee above the present sewer 5 rate and shall not be considered a part of the present sewer 6 rate to customers, notwithstanding provisions to the contrary 7 in chapter 367. The fee shall be established by the county 8 commission or its designated assignee in the county in which 9 the alternative method treatment facility is located. The fee 10 shall be calculated to be no higher than that necessary to 11 recover the facility's prudent cost of providing the service. 12 Upon request by an affected county commission, the Florida 13 Public Service Commission will provide assistance in 14 establishing the fee. Further, for utilities and utility 15 authorities that use the additional line item environmental 16 protection disposal fee, such fee shall not be considered a 17 rate increase under the rules of the Public Service Commission 18 and shall be exempt from such rules. Utilities using the 19 provisions of this section may immediately include in their 20 sewer invoicing the new environmental protection disposal fee. 21 Proceeds from this environmental protection disposal fee shall 22 be used for treatment and disposal of wastewater residuals, 23 including any treatment technology that helps reduce the 24 volume of residuals that require final disposal, but such 25 proceeds shall not be used for transportation or shipment 26 costs for disposal or any costs relating to the land 27 application of residuals in the Lake Okeechobee watershed. 28 c. No less frequently than once every 3 years, the 29 Florida Public Service Commission or the county commission 30 through the services of an independent auditor shall perform a 31 financial audit of all facilities receiving compensation from 17 1:15 PM 02/21/05 s0502.ep17.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 502 Barcode 851460 1 an environmental protection disposal fee. The Florida Public 2 Service Commission or the county commission through the 3 services of an independent auditor shall also perform an audit 4 of the methodology used in establishing the environmental 5 protection disposal fee. The Florida Public Service Commission 6 or the county commission shall, within 120 days after 7 completion of an audit, file the audit report with the 8 President of the Senate and the Speaker of the House of 9 Representatives and shall provide copies to the county 10 commissions of the counties set forth in sub-subparagraph b. 11 The books and records of any facilities receiving compensation 12 from an environmental protection disposal fee shall be open to 13 the Florida Public Service Commission and the Auditor General 14 for review upon request. 15 7. The Department of Health shall require all entities 16 disposing of septage within the Lake Okeechobee watershed and 17 the remaining areas of Okeechobee, Glades, and Hendry Counties 18 to develop and submit to that agency, by July 1, 2003, an 19 agricultural use plan that limits applications based upon 20 phosphorus loading. By July 1, 2005, phosphorus 21 concentrations originating from these application sites shall 22 not exceed the limits established in the district's WOD 23 program. 24 8. The Department of Agriculture and Consumer Services 25 shall initiate rulemaking requiring entities within the Lake 26 Okeechobee watershed and the remaining areas of Okeechobee, 27 Glades, and Hendry Counties which land-apply animal manure to 28 develop conservation or nutrient management plans that limit 29 application, based upon phosphorus loading. Such rules may 30 include criteria and thresholds for the requirement to develop 31 a conservation or nutrient management plan, requirements for 18 1:15 PM 02/21/05 s0502.ep17.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 502 Barcode 851460 1 plan approval, and recordkeeping requirements. 2 9. Prior to authorizing a discharge into works of the 3 district, the district shall require responsible parties to 4 demonstrate that proposed changes in land use will not result 5 in increased phosphorus loading over that of existing land 6 uses. 7 10. The district, the department, or the Department of 8 Agriculture and Consumer Services, as appropriate, shall 9 implement those alternative nutrient reduction technologies 10 determined to be feasible pursuant to subparagraph (d)6. 11 (d) Lake Okeechobee Research and Water Quality 12 Monitoring Program.--By January 1, 2001, The district, in 13 cooperation with the other coordinating agencies, shall 14 establish a Lake Okeechobee Research and Water Quality 15 Monitoring Program that builds upon the district's existing 16 Lake Okeechobee research program. The program shall: 17 1. Evaluate all available existing water quality data 18 concerning total phosphorus in the Lake Okeechobee watershed, 19 develop a water quality baseline to represent existing 20 conditions for total phosphorus, monitor long-term ecological 21 changes, including water quality for total phosphorus, and 22 measure compliance with water quality standards for total 23 phosphorus, including the total maximum daily load for Lake 24 Okeechobee as established pursuant to s. 403.067. The district 25 shall also implement a total phosphorus monitoring program at 26 all inflow structures to Lake Okeechobee. 27 2. By July 1, 2003, Develop a Lake Okeechobee water 28 quality model that reasonably represents phosphorus dynamics 29 of the lake and incorporates an uncertainty analysis 30 associated with model predictions. 31 3. By July 1, 2003, Determine the relative 19 1:15 PM 02/21/05 s0502.ep17.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 502 Barcode 851460 1 contribution of phosphorus from all identifiable sources and 2 all primary and secondary land uses. 3 4. By July 1, 2003, Conduct an assessment of the 4 sources of phosphorus from the Upper Kissimmee Chain-of-Lakes 5 and Lake Istokpoga, and their relative contribution to the 6 water quality of Lake Okeechobee. The results of this 7 assessment shall be used by the coordinating agencies to 8 develop interim measures, best management practices, or 9 regulation, as applicable. 10 5. By July 1, 2003, Assess current water management 11 practices within the Lake Okeechobee watershed and develop 12 recommendations for structural and operational improvements. 13 Such recommendations shall balance water supply, flood 14 control, estuarine salinity, maintenance of a healthy lake 15 littoral zone, and water quality considerations. 16 6. By July 1, 2003, Evaluate the feasibility of 17 alternative nutrient reduction technologies, including 18 sediment traps, canal and ditch maintenance, fish production 19 or other aquaculture, bioenergy conversion processes, and 20 algal or other biological treatment technologies. 21 (e) Lake Okeechobee Exotic Species Control 22 Program.--By June 1, 2002, The coordinating agencies shall 23 identify the exotic species that threaten the native flora and 24 fauna within the Lake Okeechobee watershed and develop and 25 implement measures to protect the native flora and fauna. 26 (f) Lake Okeechobee Internal Phosphorus Management 27 Program.--By July 1, 2003, The district, in cooperation with 28 the other coordinating agencies and interested parties, shall 29 complete a Lake Okeechobee internal phosphorus load removal 30 feasibility study. The feasibility study shall be based on 31 technical feasibility, as well as economic considerations, and 20 1:15 PM 02/21/05 s0502.ep17.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 502 Barcode 851460 1 address all reasonable methods of phosphorus removal. If 2 methods are found to be feasible, the district shall 3 immediately pursue the design, funding, and permitting for 4 implementing such methods. 5 (g) Lake Okeechobee Protection Plan 6 implementation.--The coordinating agencies shall be jointly 7 responsible for implementing the Lake Okeechobee Protection 8 Plan, consistent with the statutory authority and 9 responsibility of each agency. Annual funding priorities shall 10 be jointly established and the highest priority shall be 11 assigned to programs and projects that address phosphorus 12 sources that have the highest relative contribution to 13 phosphorus loading and the greatest potential for phosphorus 14 reduction. In determing funding priorities, the coordinating 15 agencies shall also consider the need for regulatory 16 compliance, the extent to which the program or project is 17 ready to proceed, and the availability of federal matching 18 funds or other nonstate funding, including public-private 19 partnerships. Federal and other nonstate funding shall be 20 maximized to the greatest extent practicable. 21 (h)(g) Annual progress report.--Each January 1, 22 beginning in 2001, The district shall submit to the Governor, 23 the President of the Senate, and the Speaker of the House of 24 Representatives annual progress reports regarding 25 implementation of this section. The annual report shall 26 include a summary of water quality and habitat conditions in 27 Lake Okeechobee and the Lake Okeechobee watershed and the 28 status of the Lake Okeechobee Construction Project. The 29 district shall prepare the report in cooperation with the 30 other coordinating agencies. 31 Section 2. This act shall take effect July 1, 2005. 21 1:15 PM 02/21/05 s0502.ep17.01a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 502 Barcode 851460 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 1, lines 8-14, delete those lines 4 5 and insert: 6 Protection Plan; revising a definition; 7 providing that the Department of Agriculture 8 and Consumer Services, the Department of 9 Environmental Protection, and the South Florida 10 Water Management District be jointly 11 responsible for implementing the Lake 12 Okeechobee Protection Plan; requiring that 13 annual funding priorities be jointly 14 established; providing criteria for funding 15 priorities; repealing obsolete provisions; 16 providing an effective date. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 22 1:15 PM 02/21/05 s0502.ep17.01a