HB 1557

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


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