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