Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1576
Ì103328%Î103328
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/24/2014 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Appropriations (Montford) recommended the
following:
1 Senate Amendment to Amendment (356190)
2
3 Delete lines 335 - 511
4 and insert:
5 (6) A local government may apply for an extension of up to
6 5 years from the department for any project in an adopted
7 recovery or prevention strategy. The department may grant the
8 extension if the local government provides sufficient evidence
9 to the department that an extension is in the best interest of
10 the public. For a local government in a rural area of critical
11 state concern, as defined in s. 288.0656, the department may
12 grant an extension of up to 10 years.
13 Section 9. Section 373.807, Florida Statutes, is created to
14 read:
15 373.807 Protection of water quality in Outstanding Florida
16 Springs.—By July 1, 2014, the department shall initiate
17 assessment, pursuant to 403.067(3), of each Outstanding Florida
18 Spring for which an impairment determination has not been made
19 under the numeric nutrient standards in effect for spring vents.
20 Assessments must be completed by July 1, 2017.
21 (1)(a) Simultaneously with the adoption of a nutrient total
22 maximum daily load for an Outstanding Florida Spring, the
23 department, or the department in conjunction with a water
24 management district, shall initiate development of a basin
25 management action plan, as specified in s. 403.067. For an
26 Outstanding Florida Spring with a nutrient total maximum daily
27 load adopted prior to July 1, 2014, the department, or the
28 department in conjunction with a water management district,
29 shall initiate development of a basin management action plan by
30 July 1, 2014. During the development of a basin management
31 action plan, if the department identifies onsite sewage
32 treatment and disposal systems as nonpoint sources of nutrient
33 pollution that need addressing within a local government
34 jurisdiction, the department shall notify the local government
35 within 30 days, which shall develop an onsite sewage treatment
36 and disposal system remediation plan pursuant to subsection (3)
37 for inclusion in the basin management action plan.
38 (b) A basin management action plan for an Outstanding
39 Florida Spring shall be adopted within 3 years of its initiation
40 and must include, at a minimum:
41 1. A list of all specific projects identified to implement
42 a nutrient total maximum daily load.
43 2. A list of all specific projects identified in an onsite
44 sewage treatment and disposal system remediation plan, if
45 applicable.
46 3. A priority rank for each listed project.
47 4. The estimated cost for each listed project.
48 5. For each listed project, the estimated date of
49 completion.
50 6. The source and amount of financial assistance to be made
51 available by the department, a water management district, or
52 other entity for each listed project.
53 7. An estimate of each listed project’s nutrient load
54 reduction.
55 8. A map and legal descriptions depicting the spring
56 protection and management zones established pursuant to s.
57 373.803.
58 9. Identification of each point source or category of
59 nonpoint sources, including but not limited to, urban turf
60 fertilizer, sports turf fertilizer, agricultural fertilizer,
61 onsite sewage treatment and disposal systems, wastewater
62 treatment facilities, animal wastes, and stormwater facilities.
63 An estimated allocation of the pollutant load must be provided
64 for each point source or category of nonpoint sources.
65 10. An implementation plan to achieve the adopted nutrient
66 total maximum daily load within 15 years of the adoption of a
67 basin management action plan. The plan must include measureable
68 interim milestones to be achieved within 5 and 10 years to
69 achieve the adopted nutrient total maximum daily load.
70 (c) For a basin management action plan adopted before July
71 1, 2014, that addresses an Outstanding Florida Spring, the
72 department, or the department in conjunction with a water
73 management district, shall revise the plan by July 1, 2017,
74 pursuant to this section.
75 (d) Upon approval of an onsite sewage treatment and
76 disposal system remediation plan, the plan shall be deemed
77 incorporated as part of the appropriate basin management action
78 plan until such time as the basin management action plan is
79 revised pursuant to s. 403.067(7).
80 (e) A local government may apply for an extension of up to
81 5 years from the department for any project in an adopted basin
82 management action plan. The department may grant the extension
83 if the local government provides sufficient evidence to the
84 department that an extension is in the best interest of the
85 public. For a local government in a rural area of critical state
86 concern, as defined in s. 288.0656, the department may grant an
87 extension of up to 10 years.
88 (2) Within 6 months of the delineation of a spring
89 protection and management zone or zones of an Outstanding
90 Florida Spring that is fully or partially within the
91 jurisdiction of a local government, a local government must
92 develop, enact, and implement an ordinance that meets or exceeds
93 the requirements of the department’s Model Ordinance for
94 Florida-Friendly Fertilizer Use on Urban Landscapes. Such
95 ordinance must require that, within a spring protection and
96 management zone of an Outstanding Florida Spring with an adopted
97 nutrient total maximum daily load, the nitrogen application rate
98 of any fertilizer applied to turf or landscape plants may not
99 exceed the lowest, basic maintenance rate of the most recent
100 recommendations by the Institute of Food and Agricultural
101 Sciences. The department shall adopt rules to implement this
102 paragraph which establish reasonable minimum standards and
103 reflect advancements or improvements regarding nutrient load
104 reductions.
105 (3) By July 1, 2016, the department, in conjunction with
106 the Department of Health and local governments, must identify
107 onsite sewage treatment and disposal systems within each spring
108 protection and management zone. Within 60 days of the
109 department’s completion of the identification of these systems,
110 the department shall provide the location of these systems to
111 the local governments in which they are located. If notified by
112 the department pursuant to subsection (1), the local government,
113 in consultation with the department, shall develop an onsite
114 sewage treatment and disposal system remediation plan within 12
115 months of notification by the department. For each onsite sewage
116 treatment and disposal system or group of systems, the plan must
117 include whether the systems require upgrading, connection to a
118 central sewerage system, or no action. The plan must also
119 include a priority ranking for each system or group of systems
120 that require remediation. Each remediation plan must be
121 submitted to the department for approval.
122 (a) In reviewing and approving the remediation plans, the
123 department shall consider, at a minimum:
124 1. The density of onsite sewage treatment and disposal
125 systems.
126 2. The number of onsite sewage treatment and disposal
127 systems.
128 3. The proximity of the onsite sewage treatment and
129 disposal system or systems to an Outstanding Florida Spring.
130 4. The estimated nutrient loading of the onsite sewage
131 treatment and disposal system or systems.
132 5. The cost of the proposed remedial action.
133 (b) Prior to submitting an onsite sewage treatment and
134 disposal system remediation plan to the department, the local
135 government shall hold at least one public meeting to provide the
136 public an opportunity to comment on the plan. The approval of an
137 onsite sewage treatment and disposal system remediation plan by
138 the department constitutes a final agency action.
139 (c) If a local government does not substantially comply
140 with this subsection, it may be ineligible for funding pursuant
141 to s. 373.809.
142 (4) With respect to implementation of an onsite sewage
143 treatment and disposal system remediation plan, a property owner
144 with an onsite sewage treatment and disposal system identified
145 by the plan may not be required to pay any of the costs of a
146 system inspection or for upgrading a system, or connection fees
147 for connection to a sanitary sewer system. This subsection does
148 not apply to local government programs in existence before July
149 1, 2014, that are inconsistent with this subsection.
150 Section 10. Section 373.809, Florida Statutes, is created
151 to read:
152 373.809 Funding for the restoration and preservation of
153 Outstanding Florida Springs.—
154 (1) Projects to implement an adopted basin management
155 action plan or an adopted recovery or prevention strategy for
156 Outstanding Florida Springs are eligible for funding from
157 documentary stamp tax revenues deposited into the Ecosystem
158 Management and Restoration Trust Fund in accordance with s.
159 201.15(1)(c)3.b. The Legislature may use other sources of
160 revenue to fund projects that will benefit an adopted basin
161 management action plan or an adopted recovery or prevention
162 strategy for Outstanding Florida Springs.
163 (2) By December 31, 2014, the department shall adopt rules
164 to fund pilot projects that test the effectiveness of innovative
165 or existing nutrient reduction or water conservation
166 technologies or practices designed to minimize nutrient
167 pollution in the springs of this state. The department may
168 approve funding for pilot projects each funding cycle if the
169 department determines that the pilot project will not be harmful
170 to the ecological resources in the study area.
171 (3) By December 31, 2014, the department shall adopt rules
172 to evaluate, rank, and select projects eligible for funding
173 under this part or land acquisition pursuant to s.
174 201.15(1)(c)3.b. In developing these rules, the department shall
175 give preference to the projects that will result in the greatest
176 improvement to water quality and water quantity for the dollars
177 to be expended for the project. At a minimum, the department
178 shall consider:
179 (a) The level of nutrient impairment of the Outstanding
180 Florida Spring in which the project is located.
181 (b) The quantity of pollutants, particularly total
182 nitrogen, the project is estimated to remove from an Outstanding
183 Florida Spring with an adopted nutrient total maximum daily
184 load.
185 (c) The flow necessary to restore the Outstanding Florida
186 Spring to its adopted minimum flow or minimum water level.
187 (d) The anticipated impact the project will have on
188 restoring or increasing water flow or water level.
189 (e) The amount of matching funds for the project that will
190 be provided by the entities responsible for implementing the
191 project.
192 (f) Whether the project is located in a rural area of
193 critical state concern, as defined in s. 288.0656, with
194 preference given to the local government responsible for
195 implementing the project.
196 (g) For multiple-year projects, whether the project has
197 funding sources that are identified and assured through the
198 expected completion date of the project.
199 (h) The cost of the project and the length of time it will
200 take to complete relative to its expected benefits.
201 (i) Whether the entities responsible for implementing the