| 1 | A bill to be entitled |
| 2 | An act relating to the Wekiva Onsite Sewage Treatment and |
| 3 | Disposal System Compliance Grant Program; creating the |
| 4 | program in the Department of Health; providing purposes; |
| 5 | authorizing certain property owners in certain areas of |
| 6 | the Wekiva basin to apply for grants for certain purposes; |
| 7 | providing grant limitations; providing for annual |
| 8 | adjustments of the amount of the grants; providing for the |
| 9 | grant as a rebate of costs incurred; requiring |
| 10 | documentation of costs; requiring the Department of Health |
| 11 | to adopt rules to administer the grant program; specifying |
| 12 | implementation as contingent upon appropriation; requiring |
| 13 | the Department of Environmental Protection to conduct a |
| 14 | study of sources of nitrogen input into the Wekiva River |
| 15 | and associated springs; requiring a report to the |
| 16 | Legislature; requiring the Department of Health to |
| 17 | contract for independent studies of sources of nitrogen |
| 18 | input from onsite wastewater and sewage treatment and |
| 19 | disposal systems into the Wekiva Study Area; requiring a |
| 20 | report to the Legislature; providing report requirements; |
| 21 | suspending certain department rulemaking until study |
| 22 | completion; requiring the Department of Health to develop |
| 23 | proposed rules for a model proposal applying to operation |
| 24 | and maintenance of onsite sewage treatment and disposal |
| 25 | systems in certain areas; specifying a rule criterion; |
| 26 | providing appropriations; providing an effective date. |
| 27 |
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| 28 | Be It Enacted by the Legislature of the State of Florida: |
| 29 |
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| 30 | Section 1. Wekiva Onsite Sewage Treatment and Disposal |
| 31 | System Compliance Grant Program.-- |
| 32 | (1) The Wekiva Onsite Sewage Treatment and Disposal System |
| 33 | Compliance Grant Program is created within the Department of |
| 34 | Health, to be administered by the Department of Health. The |
| 35 | purpose of the program is to provide grants to low-income |
| 36 | property owners in the Wekiva Study Area or the Wekiva River |
| 37 | Protection Area using onsite sewage treatment and disposal |
| 38 | systems to assist the property owner in complying with rules for |
| 39 | onsite sewage treatment and disposal systems developed by the |
| 40 | Department of Health, the Department of Environmental |
| 41 | Protection, or the St. Johns River Water Management District to |
| 42 | enforce compliance with onsite sewage treatment and disposal |
| 43 | system standards. |
| 44 | (2) Any property owner in the Wekiva Study Area or the |
| 45 | Wekiva River Protection Area having an income less than or equal |
| 46 | to 200 percent of the federal poverty guideline who is required |
| 47 | by rule of the Department of Health, the Department of |
| 48 | Environmental Protection, or the St. Johns River Water |
| 49 | Management District to construct, reconstruct, alter, repair, or |
| 50 | modify any new or existing onsite sewage treatment and disposal |
| 51 | system on such property may apply to the Department of Health |
| 52 | for a grant to assist the owner with the cost of compliance. |
| 53 | (3) The amount of the grant is limited to $10,000 per |
| 54 | property and shall be increased each calendar year by the change |
| 55 | in the annual average of the "materials and components for |
| 56 | construction" series of the producer price index, as calculated |
| 57 | and published by the United States Department of Labor, Bureau |
| 58 | of Statistics, from the previous calendar year. |
| 59 | (4) The grant shall be in the form of a rebate to the |
| 60 | property owner for costs incurred in complying with requirements |
| 61 | for onsite sewage treatment and disposal systems. The property |
| 62 | owner shall provide to the Department of Health in the |
| 63 | application for a grant documentation of costs incurred in |
| 64 | complying with requirements for such systems. |
| 65 | (5) The Department of Health shall adopt rules pursuant to |
| 66 | ss. 120.536(1) and 120.54 providing forms, procedures, and |
| 67 | requirements for applying for and disbursing grants under this |
| 68 | section and for documenting compliance costs incurred. |
| 69 | (6) Implementation of this section is contingent upon an |
| 70 | appropriation in the General Appropriations Act. |
| 71 | Section 2. (1)(a) The Department of Environmental |
| 72 | Protection shall conduct a study to determine the various |
| 73 | sources of nitrogen input into the Wekiva River and associated |
| 74 | springs contributing water to the river. The Department of |
| 75 | Environmental Protection shall prepare a report recommending |
| 76 | actions to be taken by the Department of Environmental |
| 77 | Protection and the St. Johns Water Management District that will |
| 78 | provide the best use of economic resources to reduce nitrogen |
| 79 | inputs into the river and associated springs. The Department of |
| 80 | Environmental Protection shall submit a report to the President |
| 81 | of the Senate and the Speaker of the House of Representative |
| 82 | before the 2007 Regular Session of the Legislature. |
| 83 | (b) The Department of Health shall contract for a study by |
| 84 | an independent entity to identify and quantify the nitrogen |
| 85 | loading from onsite wastewater treatment systems within the |
| 86 | Wekiva Study Area. The objectives of the study shall be |
| 87 | determined by the Department of Health's Technical Review and |
| 88 | Advisory Panel which shall also have oversight of the study. The |
| 89 | Department of Health shall present a report to the Governor, the |
| 90 | President of the Senate, and the Speaker of the House of |
| 91 | Representatives no later than February 1, 2007. The report shall |
| 92 | assess whether onsite wastewater treatment systems are a |
| 93 | significant source of nitrogen to the underlying groundwater |
| 94 | relative to other sources and shall recommend a range of |
| 95 | possible cost-effective onsite wastewater treatment system |
| 96 | nitrogen reduction strategies if contributions are significant. |
| 97 | Rulemaking pursuant to s. 369.318(2), Florida Statutes, shall be |
| 98 | suspended until the completion of the study. |
| 99 | (2) The Department of Health shall develop proposed rules |
| 100 | for a model proposal applying to operation and maintenance of |
| 101 | onsite sewage treatment and disposal systems within the Wekiva |
| 102 | Study Area or the Wekiva River Protection Area. At a minimum, |
| 103 | the rules shall require each property owner in the Wekiva Study |
| 104 | Area or the Wekiva River Protection Area having an onsite sewage |
| 105 | treatment and disposal system to pump out the system at least |
| 106 | once every 5 years. |
| 107 | Section 3. (1) The sum of $250,000 is appropriated from |
| 108 | the General Revenue Fund to the Department of Environmental |
| 109 | Protection for the 2006-2007 fiscal year to be used by the |
| 110 | Department of Environmental Protection to conduct the study |
| 111 | required under paragraph (1)(a) of section 2. |
| 112 | (2) The sum of $250,000 is appropriated from the General |
| 113 | Revenue Fund to the Department of Health for the 2006-2007 |
| 114 | fiscal year to be used for purposes of the independent study the |
| 115 | Department of Health is required to contract for under paragraph |
| 116 | (1)(b)_of section 2. |
| 117 | Section 4. This act shall take effect July 1, 2006. |