HB 1557CS

CHAMBER ACTION




1The Health Care Appropriations Committee recommends the
2following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to the Wekiva Onsite Sewage Treatment and
8Disposal System Compliance Grant Program; creating the
9program in the Department of Health; providing purposes;
10authorizing certain property owners in certain areas of
11the Wekiva basin to apply for grants for certain purposes;
12providing grant limitations; providing for annual
13adjustments of the amount of the grants; providing for the
14grant as a rebate of costs incurred; requiring
15documentation of costs; requiring the Department of Health
16to adopt rules to administer the grant program; specifying
17implementation as contingent upon appropriation; requiring
18the Department of Environmental Protection to conduct a
19study of sources of nitrogen input into the Wekiva River
20and associated springs; requiring the Department of Health
21to contract for an independent study of sources of
22nitrogen input from onsite sewage treatment and disposal
23systems into the Wekiva River and associated springs;
24requiring reports; providing report requirements;
25suspending certain department rulemaking until study
26completion; requiring the Department of Environmental
27Protection and Department of Health to submit copies of
28the reports to the Legislature; requiring the Department
29of Health to develop proposed rules for a model proposal
30applying to operation and maintenance of onsite sewage
31treatment and disposal systems in certain areas;
32specifying a rule criterion; providing appropriations;
33providing an effective date.
34
35Be It Enacted by the Legislature of the State of Florida:
36
37     Section 1.  Wekiva Onsite Sewage Treatment and Disposal
38System Compliance Grant Program.--
39     (1)  The Wekiva Onsite Sewage Treatment and Disposal System
40Compliance Grant Program is created within the Department of
41Health, to be administered by the Department of Health. The
42purpose of the program is to provide grants to low-income
43property owners in the Wekiva Study Area or the Wekiva River
44Protection Area using onsite sewage treatment and disposal
45systems to assist the property owner in complying with rules for
46onsite sewage treatment and disposal systems developed by the
47Department of Health, the Department of Environmental
48Protection, or the St. Johns River Water Management District to
49enforce compliance with onsite sewage treatment and disposal
50system standards.
51     (2)  Any property owner in the Wekiva Study Area or the
52Wekiva River Protection Area having an income less than or equal
53to 200 percent of the federal poverty guideline who is required
54by rule of the Department of Health, the Department of
55Environmental Protection, or the St. Johns River Water
56Management District to construct, reconstruct, alter, repair, or
57modify any new or existing onsite sewage treatment and disposal
58system on such property may apply to the Department of Health
59for a grant to assist the owner with the cost of compliance.
60     (3)  The amount of the grant is limited to $10,000 per
61property and shall be increased each calendar year by the change
62in the annual average of the "materials and components for
63construction" series of the producer price index, as calculated
64and published by the United States Department of Labor, Bureau
65of Statistics, from the previous calendar year.
66     (4)  The grant shall be in the form of a rebate to the
67property owner for costs incurred in complying with requirements
68for onsite sewage treatment and disposal systems. The property
69owner shall provide to the Department of Health in the
70application for a grant documentation of costs incurred in
71complying with requirements for such systems.
72     (5)  The Department of Health shall adopt rules pursuant to
73ss. 120.536(1) and 120.54 providing forms, procedures, and
74requirements for applying for and disbursing grants under this
75section and for documenting compliance costs incurred.
76     (6)  Implementation of this section is contingent upon an
77appropriation in the General Appropriations Act.
78     Section 2.  (1)(a)  The Department of Environmental
79Protection shall conduct a study to determine the various
80sources of nitrogen input into the Wekiva River and associated
81springs contributing water to the river. The Department of
82Environmental Protection shall prepare a report recommending
83actions to be taken by the Department of Environmental
84Protection and the St. Johns Water Management District that will
85provide the best use of economic resources to reduce nitrogen
86inputs into the river and associated springs.
87     (b)  The Department of Health shall contract for a study by
88an independent entity of sources of input of nitrogen from
89onsite sewage treatment and disposal systems into the Wekiva
90River and associated springs. The study shall measure the
91concentration of nitrates in the soil 10 feet and 20 feet below
92the drainage field of the onsite sewage treatment and disposal
93systems. The contract shall require the entity to submit a
94report to the Department of Health describing the locations of
95such sources and amounts contributed by such sources and
96containing recommendations to reduce or eliminate nitrogen
97inputs from such sources. Rulemaking required by s. 369.318(2),
98Florida Statutes, shall be suspended until the completion of
99this study.
100     (c)  The Department of Environmental Protection and the
101Department of Health shall submit copies of the reports to the
102President of the Senate and the Speaker of the House of
103Representatives before the 2007 Regular Session of the
104Legislature.
105     (2)  The Department of Health shall develop proposed rules
106for a model proposal applying to operation and maintenance of
107onsite sewage treatment and disposal systems within the Wekiva
108Study Area or the Wekiva River Protection Area. At a minimum,
109the rules shall require each property owner in the Wekiva Study
110Area or the Wekiva River Protection Area having an onsite sewage
111treatment and disposal system to pump out the system at least
112once every 5 years.
113     Section 3.  (1)  The sum of $250,000 is appropriated from
114the General Revenue Fund to the Department of Environmental
115Protection for the 2006-2007 fiscal year to be used by the
116Department of Environmental Protection to conduct the study
117required under paragraph (1)(a) of section 2.
118     (2)  The sum of $250,000 is appropriated from the General
119Revenue Fund to the Department of Health for the 2006-2007
120fiscal year to be used for purposes of the independent study the
121Department 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.


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