| 1 | The Environmental Regulation Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to the Wekiva Onsite Sewage Treatment and |
| 7 | Disposal System Compliance Grant Program; creating the |
| 8 | program in the Department of Health; providing purposes; |
| 9 | authorizing certain property owners in certain areas of |
| 10 | the Wekiva basin to apply for grants for certain purposes; |
| 11 | providing grant limitations; providing for annual |
| 12 | adjustments of the amount of the grants; providing for the |
| 13 | grant as a rebate of costs incurred; requiring |
| 14 | documentation of costs; requiring the Department of Health |
| 15 | to adopt rules to administer the grant program; requiring |
| 16 | the Department of Environmental Protection to conduct a |
| 17 | study of sources of nitrogen input into the Wekiva River |
| 18 | and associated springs; requiring the Department of Health |
| 19 | to contract for an independent study of sources of |
| 20 | nitrogen input from onsite sewage treatment and disposal |
| 21 | systems into the Wekiva River and associated springs; |
| 22 | requiring reports; providing report requirements; |
| 23 | requiring the Department of Environmental Protection and |
| 24 | Department of Health to submit copies of the reports to |
| 25 | the Legislature; requiring the Department of Health to |
| 26 | develop proposed rules for a model proposal applying to |
| 27 | operation and maintenance of onsite sewage treatment and |
| 28 | disposal systems in certain areas; specifying a rule |
| 29 | criterion; providing appropriations; providing an |
| 30 | effective date. |
| 31 |
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| 32 | Be It Enacted by the Legislature of the State of Florida: |
| 33 |
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| 34 | Section 1. Wekiva Onsite Sewage Treatment and Disposal |
| 35 | System Compliance Grant Program.-- |
| 36 | (1) The Wekiva Onsite Sewage Treatment and Disposal System |
| 37 | Compliance Grant Program is created within the Department of |
| 38 | Health, to be administered by the Department of Health. The |
| 39 | purpose of the program is to provide grants to low-income |
| 40 | property owners in the Wekiva Study Area or the Wekiva River |
| 41 | Protection Area using onsite sewage treatment and disposal |
| 42 | systems to assist the property owner in complying with rules for |
| 43 | onsite sewage treatment and disposal systems developed by the |
| 44 | Department of Health, the Department of Environmental |
| 45 | Protection, or the St. Johns River Water Management District to |
| 46 | enforce compliance with onsite sewage treatment and disposal |
| 47 | system standards. |
| 48 | (2) Any property owner in the Wekiva Study Area or the |
| 49 | Wekiva River Protection Area having an income less than or equal |
| 50 | to 200 percent of the federal poverty guideline who is required |
| 51 | by rule of the Department of Health, the Department of |
| 52 | Environmental Protection, or the St. Johns River Water |
| 53 | Management District to construct, reconstruct, alter, repair, or |
| 54 | modify any new or existing onsite sewage treatment and disposal |
| 55 | system on such property may apply to the Department of Health |
| 56 | for a grant to assist the owner with the cost of compliance. |
| 57 | (3) The amount of the grant is limited to $10,000 per |
| 58 | property and shall be increased each calendar year by the change |
| 59 | in the annual average of the "materials and components for |
| 60 | construction" series of the producer price index, as calculated |
| 61 | and published by the United States Department of Labor, Bureau |
| 62 | of Statistics, from the previous calendar year. |
| 63 | (4) The grant shall be in the form of a rebate to the |
| 64 | property owner for costs incurred in complying with requirements |
| 65 | for onsite sewage treatment and disposal systems. The property |
| 66 | owner shall provide to the Department of Health in the |
| 67 | application for a grant documentation of costs incurred in |
| 68 | complying with requirements for such systems. |
| 69 | (5) The Department of Health shall adopt rules pursuant to |
| 70 | ss. 120.536(1) and 120.54 providing forms, procedures, and |
| 71 | requirements for applying for and disbursing grants under this |
| 72 | section and for documenting compliance costs incurred. |
| 73 | Section 2. (1)(a) The Department of Environmental |
| 74 | Protection shall conduct a study to determine the various |
| 75 | sources of nitrogen input into the Wekiva River and associated |
| 76 | springs contributing water to the river. The Department of |
| 77 | Environmental Protection shall prepare a report recommending |
| 78 | actions to be taken by the Department of Environmental |
| 79 | Protection and the St. Johns Water Management District that will |
| 80 | provide the best use of economic resources to reduce nitrogen |
| 81 | inputs into the river and associated springs. |
| 82 | (b) The Department of Health shall contract for a study by |
| 83 | an independent entity of sources of input of nitrogen from |
| 84 | onsite sewage treatment and disposal systems into the Wekiva |
| 85 | River and associated springs. The study shall measure the |
| 86 | concentration of nitrates in the soil 10 feet and 20 feet below |
| 87 | the drainage field of the onsite sewage treatment and disposal |
| 88 | systems. The contract shall require the entity to submit a |
| 89 | report to the Department of Health describing the locations of |
| 90 | such sources and amounts contributed by such sources and |
| 91 | containing recommendations to reduce or eliminate nitrogen |
| 92 | inputs from such sources. |
| 93 | (c) The Department of Environmental Protection and the |
| 94 | Department of Health shall submit copies of the reports to the |
| 95 | President of the Senate and the Speaker of the House of |
| 96 | Representatives before the 2007 Regular Session of the |
| 97 | Legislature. |
| 98 | (2) The Department of Health shall develop proposed rules |
| 99 | for a model proposal applying to operation and maintenance of |
| 100 | onsite sewage treatment and disposal systems within the Wekiva |
| 101 | Study Area or the Wekiva River Protection Area. At a minimum, |
| 102 | the rules shall require each property owner in the Wekiva Study |
| 103 | Area or the Wekiva River Protection Area having an onsite sewage |
| 104 | treatment and disposal system to pump out the system at least |
| 105 | once every 5 years. |
| 106 | Section 3. (1) The sum of $ .... is appropriated from the |
| 107 | General Revenue Fund to the Department of Health for the 2006- |
| 108 | 2007 fiscal year, of which $ .... shall be used by the |
| 109 | Department of Health to administer the Wekiva Onsite Sewage |
| 110 | Treatment and Disposal System Compliance Grant Program and $ |
| 111 | .... shall be used to provide grants to applicants under the |
| 112 | program. |
| 113 | (2)(a) The sum of $ .... is appropriated from the General |
| 114 | Revenue Fund to the Department of Environmental Protection for |
| 115 | the 2006-2007 fiscal year to be used by the Department of |
| 116 | Environmental Protection to conduct the study required under |
| 117 | paragraph (1)(a) of section 2. |
| 118 | (b) The sum of $ .... is appropriated from the General |
| 119 | Revenue Fund to the Department of Health for the 2006-2007 |
| 120 | fiscal year to be used for purposes of the independent study the |
| 121 | Department of Health is required to contract for under paragraph |
| 122 | (1)(b)_of section 2. |
| 123 | Section 4. This act shall take effect July 1, 2006. |