Senate Bill sb0502

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    Florida Senate - 2005                                   SB 502

    By Senator Alexander





    17-438-05

  1                      A bill to be entitled

  2         An act relating to the Lake Okeechobee

  3         Protection Program; amending s. 373.4595, F.S.;

  4         providing legislative findings and intent with

  5         respect to the implementation and funding of

  6         the Lake Okeechobee Watershed Phosphorus

  7         Control Program and the Lake Okeechobee

  8         Protection Plan; requiring the Department of

  9         Agriculture and Consumer Services, the

10         Department of Environmental Protection, and the

11         South Florida Water Management District to

12         implement and establish funding priorities for

13         the Lake Okeechobee Protection Plan; providing

14         an effective date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Present paragraphs (j), (k), and (l) of

19  subsection (1) of section 373.4595, Florida Statutes, are

20  redesignated as paragraphs (l), (m), and (n), respectively,

21  and new paragraphs (j), (k), and (o) are added to that

22  subsection, paragraph (b) of subsection (3) is amended,

23  present paragraph (g) of that subsection is redesignated as

24  paragraph (h), and a new paragraph (g) is added to that

25  subsection, to read:

26         373.4595  Lake Okeechobee Protection Program.--

27         (1)  FINDINGS AND INTENT.--

28         (j)  The Legislature finds that in order to achieve the

29  goals and objectives of this section and to effectively

30  implement the Lake Okeechobee Watershed Phosphorus Control

31  Program pursuant to paragraph (3)(c), the state must

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    Florida Senate - 2005                                   SB 502
    17-438-05




 1  expeditiously implement the Lake Okeechobee Protection Plan

 2  developed pursuant to paragraph (3)(a).

 3         (k)  The Legislature finds that a continuing source of

 4  funding is needed to effectively implement a phosphorus

 5  control program that initially targets the most significant

 6  sources contributing to phosphorus loads within the watershed

 7  and continues to address other sources as needed to achieve

 8  the phased phosphorus load reductions required under this

 9  section.

10         (o)  It is the intent of the Legislature to provide

11  funding on a continuing basis for the purpose of implementing

12  the Lake Okeechobee Protection Plan and achieving phosphorus

13  load reductions consistent with total maximum daily loads

14  established pursuant to s. 403.067.

15         (3)  LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection

16  program for Lake Okeechobee that achieves phosphorus load

17  reductions for Lake Okeechobee shall be immediately

18  implemented as specified in this subsection. The program shall

19  address the reduction of phosphorus loading to the lake from

20  both internal and external sources. Phosphorus load reductions

21  shall be achieved through a phased program of implementation.

22  Initial implementation actions shall be technology-based,

23  based upon a consideration of both the availability of

24  appropriate technology and the cost of such technology, and

25  shall include phosphorus reduction measures at both the source

26  and the regional level. The initial phase of phosphorus load

27  reductions shall be based upon the district's Technical

28  Publication 81-2 and the district's WOD program, with

29  subsequent phases of phosphorus load reductions based upon the

30  total maximum daily loads established in accordance with s.

31  403.067. In the development and administration of the Lake

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 1  Okeechobee Protection Program, the coordinating agencies shall

 2  maximize opportunities provided by federal cost-sharing

 3  programs and opportunities for partnerships with the private

 4  sector.

 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

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 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         d.  The district shall work with the Corps of Engineers

15  to expedite initiation of the design process for the Taylor

16  Creek/Nubbins Slough Reservoir Assisted Stormwater Treatment

17  Area, a project component of the Restudy. The district shall

18  propose to the Corps of Engineers that the district take the

19  lead in the design and construction of the Reservoir Assisted

20  Stormwater Treatment Area and receive credit towards the local

21  share of the total cost of the Restudy.

22         2.  Phase II.--By January 1, 2004, the district, in

23  cooperation with the other coordinating agencies and the Corps

24  of Engineers, shall develop an implementation plan for Phase

25  II of the Lake Okeechobee Construction Project. Phase II shall

26  include construction of additional facilities in the priority

27  basins identified in subparagraph (b)1., as well as facilities

28  for other basins in the Lake Okeechobee watershed. The

29  implementation plan shall:

30         a.  Identify Lake Okeechobee Construction Project

31  facilities to be constructed to achieve a design objective of

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    17-438-05




 1  40 parts per billion (ppb) for phosphorus measured as a

 2  long-term flow weighted average concentration, unless an

 3  allocation has been established pursuant to s. 403.067 for the

 4  Lake Okeechobee total maximum daily load.

 5         b.  Identify the size and location of all such Lake

 6  Okeechobee Construction Project facilities.

 7         c.  Provide a construction schedule for all such Lake

 8  Okeechobee Construction Project facilities, including the

 9  sequencing and specific timeframe for construction of each

10  Lake Okeechobee Construction Project facility.

11         d.  Provide a land acquisition schedule for lands

12  necessary to achieve the construction schedule.

13         e.  Provide a detailed schedule of costs associated

14  with the construction schedule.

15         f.  Identify, to the maximum extent practicable,

16  impacts on wetlands and state-listed species expected to be

17  associated with construction of such facilities, including

18  potential alternatives to minimize and mitigate such impacts,

19  as appropriate.

20         3.  Evaluation.--By January 1, 2004, and every 3 years

21  thereafter, the district, in cooperation with the coordinating

22  agencies, shall conduct an evaluation of any further

23  phosphorus load reductions necessary to achieve compliance

24  with the Lake Okeechobee total maximum daily load established

25  pursuant to s. 403.067. Additionally, the district shall

26  identify modifications to facilities of the Lake Okeechobee

27  Construction Project as appropriate if the design objective of

28  40 parts per billion (ppb) or the allocation established

29  pursuant to s. 403.067 for the Lake Okeechobee total maximum

30  daily load established pursuant to s. 403.067 is not being

31  

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 1  met. The evaluation shall be included in the applicable annual

 2  progress report submitted pursuant to paragraph (h) (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         (g)  Lake Okeechobee Protection Plan

12  implementation.--The coordinating agencies shall be jointly

13  responsible for implementing the Lake Okeechobee Protection

14  Plan, consistent with the statutory authority and

15  responsibility of each agency. Annual funding priorities shall

16  be jointly established and the highest priority shall be

17  assigned to programs and projects that address phosphorus

18  sources that have the highest relative contribution to

19  phosphorus loading and the greatest potential for phosphorus

20  reduction. In determining funding priorities, the coordinating

21  agencies shall also consider the need for regulatory

22  compliance, the extent to which the program or project is

23  ready to proceed, and the availability of federal matching

24  funds or other nonstate funding, including public-private

25  partnerships. Federal and other nonstate funding shall be

26  maximized to the greatest extent practicable.

27         Section 2.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                                   SB 502
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 2                          SENATE SUMMARY

 3    Requires specified state agencies to jointly implement
      and establish funding priorities for the Lake Okeechobee
 4    Protection Plan in order to achieve certain
      phosphorus-load reductions.
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