CS/HB 197

1
A bill to be entitled
2An act relating to surface water protection programs;
3amending s. 373.414, F.S.; providing applicability of
4variance provisions for activities in surface waters and
5wetlands in the Northwest Florida Water Management
6District; amending s. 373.4142, F.S.; providing an
7exemption for certain water quality standards in the
8Northwest Florida Water Management District; amending s.
9373.459, F.S.; exempting the Suwannee River Water
10Management District, the Northwest Florida Water
11Management District, and specified local governments from
12certain funding requirements for the implementation of
13surface water improvement and management projects;
14eliminating provisions subject to expiration for the
15deposit, expenditure, release, and transfer of funds
16relating to the Ecosystem Restoration and Management Trust
17Fund and the Water Protection and Sustainability Trust
18Fund; amending s. 373.4595, F.S.; authorizing the
19Department of Environmental Protection and the South
20Florida Water Management District to adopt basin-specific
21criteria under the Lake Okeechobee Watershed Phosphorus
22Control Program; eliminating certain requirements for the
23authorization of discharges related to proposed changes in
24land use; providing an effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Subsection (17) of section 373.414, Florida
29Statutes, is amended to read:
30     373.414  Additional criteria for activities in surface
31waters and wetlands.--
32     (17)  The variance provisions of s. 403.201 are applicable
33to the provisions of this section or any rule adopted pursuant
34hereto. The governing boards and the department are authorized
35to review and take final agency action on petitions requesting
36such variances for those activities they regulate under this
37part and s. 373.4145.
38     Section 2.  Section 373.4142, Florida Statutes, is amended
39to read:
40     373.4142  Water quality within stormwater treatment
41systems.--State surface water quality standards applicable to
42waters of the state, as defined in s. 403.031(13), shall not
43apply within a stormwater management system which is designed,
44constructed, operated, and maintained for stormwater treatment
45in accordance with a valid permit or noticed exemption issued
46pursuant to chapter 62-25 17-25, Florida Administrative Code; a
47valid permit or exemption under s. 373.4145 within the Northwest
48Florida Water Management District; a valid permit issued on or
49subsequent to April 1, 1986, within the Suwannee River Water
50Management District or the St. Johns River Water Management
51District pursuant to this part; a valid permit issued on or
52subsequent to March 1, 1988, within the Southwest Florida Water
53Management District pursuant to this part; or a valid permit
54issued on or subsequent to January 6, 1982, within the South
55Florida Water Management District pursuant to this part. Such
56inapplicability of state water quality standards shall be
57limited to that part of the stormwater management system located
58upstream of a manmade water control structure permitted, or
59approved under a noticed exemption, to retain or detain
60stormwater runoff in order to provide treatment of the
61stormwater. The additional use of such a stormwater management
62system for flood attenuation or irrigation shall not divest the
63system of the benefits of this exemption. This section shall not
64affect the authority of the department and water management
65districts to require reasonable assurance that the water quality
66within such stormwater management systems will not adversely
67impact public health, fish and wildlife, or adjacent waters.
68     Section 3.  Subsection (6) of section 373.459, Florida
69Statutes, is amended to read:
70     373.459  Funds for surface water improvement and
71management.--
72     (6)(a)  The match requirement of subsection (2) shall not
73apply to the Suwannee River Water Management District, the
74Northwest Florida Water Management District, or a financially
75disadvantaged small local government as defined in s.
76403.885(5).
77     (b)  Notwithstanding the requirements of subsection (3),
78the Ecosystem Management and Restoration Trust Fund and the
79Water Protection and Sustainability Trust Fund shall be used for
80the deposit of funds appropriated by the Legislature for the
81purposes of ss. 373.451-373.4595. The department shall
82administer all funds appropriated to or received for surface
83water improvement and management activities. Expenditure of the
84moneys shall be limited to the costs of details planning and
85plan and program implementation for priority surface water
86bodies. Moneys from the funds shall not be expended for planning
87for, or construction or expansion of, treatment facilities for
88domestic or industrial waste disposal.
89     (c)  Notwithstanding the requirements of subsection (4),
90the department shall authorize the release of money from the
91funds in accordance with the provisions of s. 373.501(2) and
92procedures in s. 373.59(4) and (5).
93     (d)  Notwithstanding the requirements of subsection (5),
94moneys in the Ecosystem Restoration and Management Trust Fund
95that are not needed to meet current obligations incurred under
96this section shall be transferred to the State Board of
97Administration, to the credit of the trust fund, to be invested
98in the manner provided by law. Interest received on such
99investments shall be credited to the trust fund.
100     (e)  This subsection expires July 1, 2007.
101     Section 4.  Paragraph (c) of subsection (3) of section
102373.4595, Florida Statutes, is amended to read:
103     373.4595  Lake Okeechobee Protection Program.--
104     (3)  LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection
105program for Lake Okeechobee that achieves phosphorus load
106reductions for Lake Okeechobee shall be immediately implemented
107as specified in this subsection. The program shall address the
108reduction of phosphorus loading to the lake from both internal
109and external sources. Phosphorus load reductions shall be
110achieved through a phased program of implementation. Initial
111implementation actions shall be technology-based, based upon a
112consideration of both the availability of appropriate technology
113and the cost of such technology, and shall include phosphorus
114reduction measures at both the source and the regional level.
115The initial phase of phosphorus load reductions shall be based
116upon the district's Technical Publication 81-2 and the
117district's WOD program, with subsequent phases of phosphorus
118load reductions based upon the total maximum daily loads
119established in accordance with s. 403.067. In the development
120and administration of the Lake Okeechobee Protection Program,
121the coordinating agencies shall maximize opportunities provided
122by federal cost-sharing programs and opportunities for
123partnerships with the private sector.
124     (c)  Lake Okeechobee Watershed Phosphorus Control
125Program.--The Lake Okeechobee Watershed Phosphorus Control
126Program is designed to be a multifaceted approach to reducing
127phosphorus loads by improving the management of phosphorus
128sources within the Lake Okeechobee watershed through continued
129implementation of existing regulations and best management
130practices, development and implementation of improved best
131management practices, improvement and restoration of the
132hydrologic function of natural and managed systems, and
133utilization of alternative technologies for nutrient reduction.
134The coordinating agencies shall facilitate the application of
135federal programs that offer opportunities for water quality
136treatment, including preservation, restoration, or creation of
137wetlands on agricultural lands.
138     1.  Agricultural nonpoint source best management practices,
139developed in accordance with s. 403.067 and designed to achieve
140the objectives of the Lake Okeechobee Protection Program, shall
141be implemented on an expedited basis. The coordinating agencies
142shall develop an interagency agreement pursuant to ss. 373.046
143and 373.406(5) that assures the development of best management
144practices that complement existing regulatory programs and
145specifies how those best management practices are implemented
146and verified. The interagency agreement shall address measures
147to be taken by the coordinating agencies during any best
148management practice reevaluation performed pursuant to sub-
149subparagraph d. The department shall use best professional
150judgment in making the initial determination of best management
151practice effectiveness.
152     a.  As provided in s. 403.067(7)(c), the Department of
153Agriculture and Consumer Services, in consultation with the
154department, the district, and affected parties, shall initiate
155rule development for interim measures, best management
156practices, conservation plans, nutrient management plans, or
157other measures necessary for Lake Okeechobee phosphorus load
158reduction. The rule shall include thresholds for requiring
159conservation and nutrient management plans and criteria for the
160contents of such plans. Development of agricultural nonpoint
161source best management practices shall initially focus on those
162priority basins listed in subparagraph (b)1. The Department of
163Agriculture and Consumer Services, in consultation with the
164department, the district, and affected parties, shall conduct an
165ongoing program for improvement of existing and development of
166new interim measures or best management practices for the
167purpose of adoption of such practices by rule.
168     b.  Where agricultural nonpoint source best management
169practices or interim measures have been adopted by rule of the
170Department of Agriculture and Consumer Services, the owner or
171operator of an agricultural nonpoint source addressed by such
172rule shall either implement interim measures or best management
173practices or demonstrate compliance with the district's WOD
174program by conducting monitoring prescribed by the department or
175the district. Owners or operators of agricultural nonpoint
176sources who implement interim measures or best management
177practices adopted by rule of the Department of Agriculture and
178Consumer Services shall be subject to the provisions of s.
179403.067(7). The Department of Agriculture and Consumer Services,
180in cooperation with the department and the district, shall
181provide technical and financial assistance for implementation of
182agricultural best management practices, subject to the
183availability of funds.
184     c.  The district or department shall conduct monitoring at
185representative sites to verify the effectiveness of agricultural
186nonpoint source best management practices.
187     d.  Where water quality problems are detected for
188agricultural nonpoint sources despite the appropriate
189implementation of adopted best management practices, the
190Department of Agriculture and Consumer Services, in consultation
191with the other coordinating agencies and affected parties, shall
192institute a reevaluation of the best management practices and
193make appropriate changes to the rule adopting best management
194practices.
195     2.  Nonagricultural nonpoint source best management
196practices, developed in accordance with s. 403.067 and designed
197to achieve the objectives of the Lake Okeechobee Protection
198Program, shall be implemented on an expedited basis. The
199department and the district shall develop an interagency
200agreement pursuant to ss. 373.046 and 373.406(5) that assures
201the development of best management practices that complement
202existing regulatory programs and specifies how those best
203management practices are implemented and verified. The
204interagency agreement shall address measures to be taken by the
205department and the district during any best management practice
206reevaluation performed pursuant to sub-subparagraph d.
207     a.  The department and the district are directed to work
208with the University of Florida's Institute of Food and
209Agricultural Sciences to develop appropriate nutrient
210application rates for all nonagricultural soil amendments in the
211watershed. As provided in s. 403.067(7)(c), the department, in
212consultation with the district and affected parties, shall
213develop interim measures, best management practices, or other
214measures necessary for Lake Okeechobee phosphorus load
215reduction. Development of nonagricultural nonpoint source best
216management practices shall initially focus on those priority
217basins listed in subparagraph (b)1. The department, the
218district, and affected parties shall conduct an ongoing program
219for improvement of existing and development of new interim
220measures or best management practices. The district shall adopt
221technology-based standards under the district's WOD program for
222nonagricultural nonpoint sources of phosphorus. Nothing in this
223sub-subparagraph shall affect the authority of the department or
224the district to adopt basin-specific criteria under this part to
225prevent harm to the water resources of the district.
226     b.  Where nonagricultural nonpoint source best management
227practices or interim measures have been developed by the
228department and adopted by the district, the owner or operator of
229a nonagricultural nonpoint source shall implement interim
230measures or best management practices and be subject to the
231provisions of s. 403.067(7). The department and district shall
232provide technical and financial assistance for implementation of
233nonagricultural nonpoint source best management practices,
234subject to the availability of funds.
235     c.  The district or the department shall conduct monitoring
236at representative sites to verify the effectiveness of
237nonagricultural nonpoint source best management practices.
238     d.  Where water quality problems are detected for
239nonagricultural nonpoint sources despite the appropriate
240implementation of adopted best management practices, the
241department and the district shall institute a reevaluation of
242the best management practices.
243     3.  The provisions of subparagraphs 1. and 2. shall not
244preclude the department or the district from requiring
245compliance with water quality standards or with current best
246management practices requirements set forth in any applicable
247regulatory program authorized by law for the purpose of
248protecting water quality. Additionally, subparagraphs 1. and 2.
249are applicable only to the extent that they do not conflict with
250any rules promulgated by the department that are necessary to
251maintain a federally delegated or approved program.
252     4.  Projects which reduce the phosphorus load originating
253from domestic wastewater systems within the Lake Okeechobee
254watershed shall be given funding priority in the department's
255revolving loan program under s. 403.1835. The department shall
256coordinate and provide assistance to those local governments
257seeking financial assistance for such priority projects.
258     5.  Projects that make use of private lands, or lands held
259in trust for Indian tribes, to reduce nutrient loadings or
260concentrations within a basin by one or more of the following
261methods: restoring the natural hydrology of the basin, restoring
262wildlife habitat or impacted wetlands, reducing peak flows after
263storm events, increasing aquifer recharge, or protecting range
264and timberland from conversion to development, are eligible for
265grants available under this section from the coordinating
266agencies. For projects of otherwise equal priority, special
267funding priority will be given to those projects that make best
268use of the methods outlined above that involve public-private
269partnerships or that obtain federal match money. Preference
270ranking above the special funding priority will be given to
271projects located in a rural area of critical economic concern
272designated by the Governor. Grant applications may be submitted
273by any person or tribal entity, and eligible projects may
274include, but are not limited to, the purchase of conservation
275and flowage easements, hydrologic restoration of wetlands,
276creating treatment wetlands, development of a management plan
277for natural resources, and financial support to implement a
278management plan.
279     6.a.  The department shall require all entities disposing
280of domestic wastewater residuals within the Lake Okeechobee
281watershed and the remaining areas of Okeechobee, Glades, and
282Hendry Counties to develop and submit to the department an
283agricultural use plan that limits applications based upon
284phosphorus loading. By July 1, 2005, phosphorus concentrations
285originating from these application sites shall not exceed the
286limits established in the district's WOD program.
287     b.  Private and government-owned utilities within Monroe,
288Dade, Broward, Palm Beach, Martin, St. Lucie, Indian River,
289Okeechobee, Highlands, Hendry, and Glades Counties that dispose
290of wastewater residual sludge from utility operations and septic
291removal by land spreading in the Lake Okeechobee watershed may
292use a line item on local sewer rates to cover wastewater
293residual treatment and disposal if such disposal and treatment
294is done by approved alternative treatment methodology at a
295facility located within the areas designated by the Governor as
296rural areas of critical economic concern pursuant to s.
297288.0656. This additional line item is an environmental
298protection disposal fee above the present sewer rate and shall
299not be considered a part of the present sewer rate to customers,
300notwithstanding provisions to the contrary in chapter 367. The
301fee shall be established by the county commission or its
302designated assignee in the county in which the alternative
303method treatment facility is located. The fee shall be
304calculated to be no higher than that necessary to recover the
305facility's prudent cost of providing the service. Upon request
306by an affected county commission, the Florida Public Service
307Commission will provide assistance in establishing the fee.
308Further, for utilities and utility authorities that use the
309additional line item environmental protection disposal fee, such
310fee shall not be considered a rate increase under the rules of
311the Public Service Commission and shall be exempt from such
312rules. Utilities using the provisions of this section may
313immediately include in their sewer invoicing the new
314environmental protection disposal fee. Proceeds from this
315environmental protection disposal fee shall be used for
316treatment and disposal of wastewater residuals, including any
317treatment technology that helps reduce the volume of residuals
318that require final disposal, but such proceeds shall not be used
319for transportation or shipment costs for disposal or any costs
320relating to the land application of residuals in the Lake
321Okeechobee watershed.
322     c.  No less frequently than once every 3 years, the Florida
323Public Service Commission or the county commission through the
324services of an independent auditor shall perform a financial
325audit of all facilities receiving compensation from an
326environmental protection disposal fee. The Florida Public
327Service Commission or the county commission through the services
328of an independent auditor shall also perform an audit of the
329methodology used in establishing the environmental protection
330disposal fee. The Florida Public Service Commission or the
331county commission shall, within 120 days after completion of an
332audit, file the audit report with the President of the Senate
333and the Speaker of the House of Representatives and shall
334provide copies to the county commissions of the counties set
335forth in sub-subparagraph b. The books and records of any
336facilities receiving compensation from an environmental
337protection disposal fee shall be open to the Florida Public
338Service Commission and the Auditor General for review upon
339request.
340     7.  The Department of Health shall require all entities
341disposing of septage within the Lake Okeechobee watershed and
342the remaining areas of Okeechobee, Glades, and Hendry Counties
343to develop and submit to that agency an agricultural use plan
344that limits applications based upon phosphorus loading. By July
3451, 2005, phosphorus concentrations originating from these
346application sites shall not exceed the limits established in the
347district's WOD program.
348     8.  The Department of Agriculture and Consumer Services
349shall initiate rulemaking requiring entities within the Lake
350Okeechobee watershed and the remaining areas of Okeechobee,
351Glades, and Hendry Counties which land-apply animal manure to
352develop conservation or nutrient management plans that limit
353application, based upon phosphorus loading. Such rules may
354include criteria and thresholds for the requirement to develop a
355conservation or nutrient management plan, requirements for plan
356approval, and recordkeeping requirements.
357     9.  Prior to authorizing a discharge into works of the
358district, the district shall require responsible parties to
359demonstrate that proposed changes in land use will not result in
360increased phosphorus loading over that of existing land uses.
361     9.10.  The district, the department, or the Department of
362Agriculture and Consumer Services, as appropriate, shall
363implement those alternative nutrient reduction technologies
364determined to be feasible pursuant to subparagraph (d)6.
365     Section 5.  This act shall take effect July 1, 2007.


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