Florida Senate - 2014 SB 1576
By Senator Dean
5-01172-14 20141576__
1
2 A bill to be entitled
3 An act relating to springs; amending s. 201.15, F.S.;
4 specifying distributions to the Ecosystem Management
5 and Restoration Trust Fund; amending s. 259.035, F.S.;
6 adding a member to the Acquisition and Restoration
7 Council to be appointed by the Secretary of
8 Environmental Protection; expanding duties to include
9 the ranking of spring protection projects; requiring
10 the council to develop and recommend rules for the
11 competitive evaluation, selection, and ranking of
12 projects eligible for partial or complete funding to
13 protect the water quality of an Outstanding Florida
14 Spring; amending s. 373.042, F.S.; requiring the
15 Department of Environmental Protection or the
16 governing board of a water management district to
17 establish the minimum flow and water level for an
18 Outstanding Florida Spring; specifying minimum flows
19 and water levels for an Outstanding Florida Spring;
20 amending s. 373.0421, F.S.; conforming a cross
21 reference; creating part VIII of chapter 373, F.S.;
22 entitled “Florida Springs and Aquifer Act”; creating
23 s. 373.801, F.S.; providing legislative findings and
24 intent; creating s. 373.802, F.S.; defining terms;
25 creating s. 373.803, F.S.; requiring the Department of
26 Environmental Protection to delineate the spring
27 protection and management zone for each Outstanding
28 Florida Spring; requiring each water management
29 district to adopt by rule maps that depict the
30 delineation of each spring protection and management
31 zone for each Outstanding Florida Spring within its
32 jurisdiction; creating s. 373.805, F.S.; requiring the
33 water management districts to adopt minimum flows and
34 levels for Outstanding Florida Springs; requiring a
35 water management district to implement a recovery or
36 prevention strategy under certain circumstances;
37 authorizing the water management districts to adopt
38 rules; creating s. 373.807, F.S.; providing procedures
39 for improving water quality in Outstanding Florida
40 Springs; providing a funding mechanism; creating s.
41 373.809, F.S.; specifying prohibited activities within
42 a spring protection and management zone of an
43 Outstanding Florida Spring; requiring local
44 governments to ensure that their comprehensive plans
45 and ordinances reflect such prohibitions; creating s.
46 373.811, F.S.; providing rulemaking authority;
47 creating s. 373.813, F.S.; providing for variances and
48 exemptions under certain circumstances; amending s.
49 381.0065, F.S.; defining the term “responsible
50 management entity”; requiring the Department of Health
51 to submit a report to the Governor and the Legislature
52 on responsible management entities; authorizing the
53 establishment of responsible management entities;
54 amending s. 403.067, F.S.; specifying criteria for
55 development of a basin management action plan for an
56 Outstanding Florida Spring; conforming provisions to
57 changes made by the act; conforming cross-references;
58 repealing s. 381.00651, F.S., relating to periodic
59 evaluation and assessment of onsite sewage treatment
60 and disposal systems; requiring the Department of
61 Agriculture and Consumer Services and the Department
62 of Environmental Protection to conduct a comprehensive
63 study on nutrient reduction improvements and the
64 expansion of the beneficial use of reclaimed water;
65 requiring the departments to jointly hold a public
66 meeting to gather input on the design of the
67 comprehensive study and provide an opportunity for
68 public comment; requiring the final report to be
69 submitted to the Governor and the Legislature by a
70 certain date; providing an effective date.
71
72 Be It Enacted by the Legislature of the State of Florida:
73
74 Section 1. Paragraph (c) of subsection (1) of section
75 201.15, Florida Statutes, is amended to read:
76 201.15 Distribution of taxes collected.—All taxes collected
77 under this chapter are subject to the service charge imposed in
78 s. 215.20(1). Prior to distribution under this section, the
79 Department of Revenue shall deduct amounts necessary to pay the
80 costs of the collection and enforcement of the tax levied by
81 this chapter. Such costs and the service charge may not be
82 levied against any portion of taxes pledged to debt service on
83 bonds to the extent that the costs and service charge are
84 required to pay any amounts relating to the bonds. After
85 distributions are made pursuant to subsection (1), all of the
86 costs of the collection and enforcement of the tax levied by
87 this chapter and the service charge shall be available and
88 transferred to the extent necessary to pay debt service and any
89 other amounts payable with respect to bonds authorized before
90 January 1, 2013, secured by revenues distributed pursuant to
91 subsection (1). All taxes remaining after deduction of costs and
92 the service charge shall be distributed as follows:
93 (1) Sixty-three and thirty-one hundredths percent of the
94 remaining taxes shall be used for the following purposes:
95 (c) After the required payments under paragraphs (a) and
96 (b), the remainder shall be paid into the State Treasury to the
97 credit of:
98 1. The State Transportation Trust Fund in the Department of
99 Transportation in the amount of the lesser of 38.2 percent of
100 the remainder or $541.75 million in each fiscal year. Out of
101 such funds, the first $50 million for the 2012-2013 fiscal year;
102 $65 million for the 2013-2014 fiscal year; and $75 million for
103 the 2014-2015 fiscal year and all subsequent years, shall be
104 transferred to the State Economic Enhancement and Development
105 Trust Fund within the Department of Economic Opportunity. The
106 remainder shall is to be used for the following specified
107 purposes, notwithstanding any other law to the contrary:
108 a. For the purposes of capital funding for the New Starts
109 Transit Program, authorized by Title 49, U.S.C. s. 5309 and
110 specified in s. 341.051, 10 percent of these funds;
111 b. For the purposes of the Small County Outreach Program
112 specified in s. 339.2818, 5 percent of these funds. Effective
113 July 1, 2014, the percentage allocated under this sub
114 subparagraph shall be increased to 10 percent;
115 c. For the purposes of the Strategic Intermodal System
116 specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
117 of these funds after allocating for the New Starts Transit
118 Program described in sub-subparagraph a. and the Small County
119 Outreach Program described in sub-subparagraph b.; and
120 d. For the purposes of the Transportation Regional
121 Incentive Program specified in s. 339.2819, 25 percent of these
122 funds after allocating for the New Starts Transit Program
123 described in sub-subparagraph a. and the Small County Outreach
124 Program described in sub-subparagraph b. Effective July 1, 2014,
125 the first $60 million of the funds allocated pursuant to this
126 sub-subparagraph shall be allocated annually to the Florida Rail
127 Enterprise for the purposes established in s. 341.303(5).
128 2. The Grants and Donations Trust Fund in the Department of
129 Economic Opportunity in the amount of the lesser of 0.23 .23
130 percent of the remainder or $3.25 million in each fiscal year to
131 fund technical assistance to local governments.
132 3. The Ecosystem Management and Restoration Trust Fund in
133 the amount of:
134 a. The lesser of 2.12 percent of the remainder or $30
135 million in each fiscal year, to be used for the preservation and
136 repair of the state’s beaches as provided in ss. 161.091
137 161.212; and
138 b. Thirty-six and nine-tenths percent of the remainder in
139 each fiscal year to be used for restoration and protection of
140 Outstanding Florida Springs, as defined in s. 373.802, and for
141 the acquisition of lands identified on the most current Board of
142 Trustees Florida Forever Priority List, or by a water management
143 district, which protect the essential parcels of the named
144 spring projects that improve water quality or conserve water use
145 and are located partially or fully within a spring protection
146 and management zone of an Outstanding Florida Spring.
147 4. General Inspection Trust Fund in the amount of the
148 lesser of 0.02 .02 percent of the remainder or $300,000 in each
149 fiscal year to be used to fund oyster management and restoration
150 programs as provided in s. 379.362(3).
151
152 Moneys distributed pursuant to this paragraph may not be pledged
153 for debt service unless such pledge is approved by referendum of
154 the voters.
155 Section 2. Section 259.035, Florida Statutes, is amended to
156 read:
157 259.035 Acquisition and Restoration Council.—
158 (1) There is created The Acquisition and Restoration
159 Council is created and is composed of 11 voting members, as
160 follows:.
161 (a) Four members The council shall be composed of 10 voting
162 members, 4 of whom shall be appointed by the Governor to serve
163 4-year terms. Of these four appointees, three must shall be from
164 scientific disciplines related to land, water, or environmental
165 sciences and the fourth must shall have at least 5 years of
166 experience in managing lands for both active and passive types
167 of recreation. They shall serve 4-year terms, except that,
168 initially, to provide for staggered terms, two of the appointees
169 shall serve 2-year terms. All subsequent appointments shall be
170 for 4-year terms. An appointee may not serve more than 6 years.
171 The Governor may at any time fill a vacancy for the unexpired
172 term of a member appointed under this paragraph.
173 (b) The Four members remaining appointees shall be composed
174 of the Secretary of Environmental Protection, the director of
175 the Florida Forest Service of the Department of Agriculture and
176 Consumer Services, the executive director of the Fish and
177 Wildlife Conservation Commission, and the director of the
178 Division of Historical Resources of the Department of State, or
179 their respective designees.
180 (c) One member shall be appointed by the Commissioner of
181 Agriculture representing with a discipline related to
182 agriculture, including silviculture;. one member shall be
183 appointed by the Fish and Wildlife Conservation Commission
184 representing with a discipline related to wildlife management or
185 wildlife ecology; and one member shall be appointed by the
186 Secretary of Environmental Protection representing a discipline
187 related to water quality management which includes the study of
188 dissolved oxygen levels and nutrient pollution of groundwater
189 and surface water.
190 (d) The Governor shall appoint the chair of the council,
191 and a vice chair shall be elected from among the members.
192 (e) The council shall hold periodic meetings at the request
193 of the chair.
194 (f) The Department of Environmental Protection shall
195 provide primary staff support to the council and shall ensure
196 that council meetings are electronically recorded. Such
197 recording shall be preserved pursuant to chapters 119 and 257.
198 (g) The board of trustees may has authority to adopt rules
199 pursuant to ss. 120.536(1) and 120.54 to implement the
200 provisions of this section.
201 (2) The four members of the council appointed pursuant to
202 paragraph (a) and the three two members of the council appointed
203 pursuant to paragraph (c) shall receive reimbursement for
204 expenses and per diem for travel, to attend council meetings, as
205 provided in allowed state officers and employees while in the
206 performance of their duties, pursuant to s. 112.061.
207 (3) The council shall provide assistance to the board of
208 trustees in reviewing the recommendations and plans for state
209 owned lands required under ss. 253.034 and 259.032. The council
210 shall, in reviewing such recommendations and plans, consider the
211 optimization of multiple-use and conservation strategies to
212 accomplish the provisions funded pursuant to ss. 259.101(3)(a)
213 and 259.105(3)(b).
214 (4)(a) The council may use existing rules adopted by the
215 board of trustees, until it develops and recommends amendments
216 to those rules, to competitively evaluate, select, and rank
217 projects eligible for the Conservation and Recreation Lands list
218 pursuant to ss. 259.032(3) and 259.101(4).
219 (b) By December 1, 2009, the Acquisition and Restoration
220 council shall develop rules defining specific criteria and
221 numeric performance measures needed for lands that are to be
222 acquired for public purpose under the Florida Forever program
223 pursuant to s. 259.105. Each recipient of Florida Forever funds
224 shall assist the council in the development of such rules. These
225 rules shall be reviewed and adopted by the board and, then
226 submitted to the Legislature for consideration by February 1,
227 2010. The Legislature may reject, modify, or take no action
228 relative to the proposed rules. If no action is taken, the rules
229 shall be implemented. Subsequent to their approval, each
230 recipient of Florida Forever funds shall annually report to the
231 Division of State Lands on each of the numeric performance
232 measures accomplished during the previous fiscal year.
233 (c) By December 31, 2014, the council shall develop and
234 recommend rules to fund pilot projects that test the
235 effectiveness of innovative or existing nutrient reduction
236 technologies designed to minimize nutrient pollution in the
237 springs of this state. The council must approve funding for at
238 least two pilot projects in each project selection cycle if the
239 department determines that there are at least two projects that
240 will not be harmful to the ecological resources in the study
241 area.
242 (d) By December 31, 2014, the council shall develop and
243 recommend rules to competitively evaluate, select, and rank
244 projects eligible for partial or complete funding under s.
245 373.807. In developing these rules, the council shall give
246 preference to the projects that it estimates will result in the
247 greatest improvement to water quality and quantity. At a
248 minimum, the council shall consider the following criteria:
249 1. Whether the project is within a spring protection and
250 management zone of an Outstanding Florida Spring impaired by
251 nutrients.
252 2. The level of nutrient impairment of the Outstanding
253 Florida Spring in which the project is located.
254 3. The quantity of pollutants, particularly total nitrogen,
255 the project is estimated to remove in a spring protection and
256 management zone.
257 4. Whether the project is within a spring protection and
258 management zone of an Outstanding Florida Spring that is not
259 meeting its adopted minimum flow or level.
260 5. The flow necessary to restore the Outstanding Florida
261 Spring to its adopted minimum flow or level.
262 6. The anticipated impact the project will have on
263 restoring or increasing water flow or level.
264 7. Whether the project facilitates or enhances an existing
265 basin management action plan adopted by the Department of
266 Environmental Protection to address pollutant loadings.
267 8. Whether the project is identified and prioritized in an
268 adopted regional water supply plan.
269 9. The percentage by which the amount of matching funds
270 provided by the applicant exceeds the statutory minimum required
271 under s. 373.805 or s. 373.807.
272 10. For multiple-year projects, whether the project has
273 funding sources that are identified and assured through the
274 expected completion date of the project.
275 11. The cost of the project and the length of time it will
276 take to complete relative to its expected benefits.
277 12. Whether the applicant, since July 1, 2009, has used its
278 own funds for projects to improve water quality or conserve
279 water use within a springshed or spring protection and
280 management zone of an Outstanding Florida Spring, with
281 preference given to those applicants that have expended such
282 funds.
283 (e)(c) In developing or amending rules, the council shall
284 give weight to the criteria included in s. 259.105(10). The
285 board of trustees shall review the recommendations and shall
286 adopt rules necessary to administer this section.
287 (5) An affirmative vote of six five members of the council
288 is required in order to change a project boundary or to place a
289 proposed project on a list developed pursuant to subsection (4).
290 Any member of the council who by family or a business
291 relationship has a connection with all or a portion of any
292 proposed project shall declare the interest before voting on its
293 inclusion on a list.
294 (6) The proposal for a project pursuant to this section, or
295 s. 259.105(3)(b), or s. 373.807 may be implemented only if
296 adopted by the council and approved by the board of trustees.
297 The council shall consider and evaluate in writing the merits
298 and demerits of each project that is proposed for Conservation
299 and Recreation Lands, Florida Preservation 2000, or Florida
300 Forever funding, or the protection of water quality in
301 Outstanding Florida Springs and shall ensure that each proposed
302 project meets will meet a stated public purpose for the
303 restoration, conservation, or preservation of environmentally
304 sensitive lands and water areas or for providing outdoor
305 recreational opportunities. The council also shall determine
306 whether the project conforms, if where applicable, with the
307 comprehensive plan developed pursuant to s. 259.04(1)(a), the
308 comprehensive multipurpose outdoor recreation plan developed
309 pursuant to s. 375.021, the state lands management plan adopted
310 pursuant to s. 253.03(7), the water resources work plans
311 developed pursuant to s. 373.199, and the provisions of s.
312 259.032, s. 259.101, or s. 259.105, or s. 373.807 whichever is
313 applicable.
314 Section 3. Subsection (1) of section 373.042, Florida
315 Statutes, is amended to read:
316 373.042 Minimum flows and levels.—
317 (1) Within each section, or within the water management
318 district as a whole, the department or the governing board must
319 shall establish the following:
320 (a) Minimum flow for all surface watercourses in the area.
321 The minimum flow for a given watercourse is shall be the limit
322 at which further withdrawals would be significantly harmful to
323 the water resources or ecology of the area.
324 (b) Minimum water level. The minimum water level is shall
325 be the level of groundwater in an aquifer and the level of
326 surface water at which further withdrawals would be
327 significantly harmful to the water resources of the area.
328 (c) Minimum flow and water level for an Outstanding Florida
329 Spring, as defined in s. 373.802. The minimum flow and water
330 level is the limit and level, respectively, at which further
331 withdrawals would be harmful to the water resources or ecology
332 of the area.
333
334 The minimum flow and minimum water level shall be calculated by
335 the department and the governing board using the best
336 information available. When appropriate, minimum flows and
337 levels may be calculated to reflect seasonal variations. The
338 department and the governing board shall also consider, and at
339 their discretion may provide for, the protection of
340 nonconsumptive uses in the establishment of minimum flows and
341 levels.
342 Section 4. Paragraph (a) of subsection (1) of section
343 373.0421, Florida Statutes, is amended to read:
344 373.0421 Establishment and implementation of minimum flows
345 and levels.—
346 (1) ESTABLISHMENT.—
347 (a) Considerations.—When establishing minimum flows and
348 levels pursuant to s. 373.042, the department or governing board
349 shall consider changes and structural alterations to watersheds,
350 surface waters, and aquifers and the effects such changes or
351 alterations have had, and the constraints such changes or
352 alterations have placed, on the hydrology of an affected
353 watershed, surface water, or aquifer, provided that nothing in
354 this paragraph shall allow significant harm as provided by s.
355 373.042(1)(a) and (b), or harm as provided by s. 373.042(1)(c),
356 caused by withdrawals.
357 Section 5. Part VIII of chapter 373, Florida Statutes,
358 consisting of sections 373.801, 373.802, 373.803, 373.805,
359 373.807, 373.809, 373.811, and 373.813, Florida Statutes, is
360 created and entitled the “Florida Springs and Aquifer Act.”
361 Section 6. Section 373.801, Florida Statutes, is created to
362 read:
363 373.801 Legislative findings and intent.—
364 (1) Springs are a unique part of this state’s scenic
365 beauty, deserving the highest level of protection under Article
366 II, Section 7, of the State Constitution. Springs provide
367 critical habitat for plants and animals, including many
368 endangered or threatened species. They provide immeasurable
369 natural, recreational, economic, and inherent value. Flow level
370 and water quality of springs are indicators of local conditions
371 of the Floridan Aquifer, which is the source of drinking water
372 for many residents of this state. Springs are of great
373 scientific importance in understanding the diverse functions of
374 aquatic ecosystems. In addition, springs provide recreational
375 opportunities for swimming, canoeing, wildlife watching,
376 fishing, cave diving, and many other activities in this state.
377 Because of such recreational opportunities and the accompanying
378 tourism, state and local economies benefit from many of the
379 springs in this state.
380 (2) Water quantity and water quality in springs are
381 directly related. For regulatory purposes, the department has
382 primary responsibility for water quality; the water management
383 districts have primary responsibility for setting minimum flows
384 and levels; the Department of Agriculture and Consumer Services
385 has primary responsibility for the development and
386 implementation of best management practices; and local
387 governments have primary responsibility for providing wastewater
388 and stormwater management. The foregoing responsible entities
389 must work together in a coordinated manner to restore and
390 maintain the water quantity and water quality for Outstanding
391 Florida Springs.
392 (3) The Legislature recognizes that:
393 (a) Springs are only as healthy as their springsheds. The
394 groundwater that supplies springs is derived from rainfall that
395 recharges the aquifer system in the form of seepage from the
396 land surface and through direct conduits such as sinkholes.
397 Springs are adversely affected by polluted runoff from urban and
398 agricultural lands; discharge resulting from poor wastewater and
399 stormwater management practices; stormwater runoff; and the
400 reduced water levels of the Floridan Aquifer. As a result, the
401 hydrologic and environmental conditions of a spring or spring
402 run are directly influenced by activities and land uses within a
403 springshed and by water withdrawals from the Floridan Aquifer.
404 (b) Springs, whether found in urban or rural settings, or
405 on public or private lands, are threatened by actual or
406 potential flow reductions and declining water quality. Many of
407 this state’s springs are demonstrating signs of significant
408 ecological imbalance, increased nutrient loading, and declining
409 water flow. Without effective remedial action, a further decline
410 in water quality and quantity is expected.
411 (c) The state standards regulating both water quality and
412 quantity, including minimum criteria relating to nutrient
413 concentrations in groundwater, need to protect both human health
414 and the complex biological and ecological systems that
415 contribute to the integrity of springs.
416 (d) Springshed boundaries and areas of high vulnerability
417 within a springshed need to be identified and delineated using
418 the best available data.
419 (e) Because springsheds cross local government
420 jurisdictional boundaries, a coordinated statewide springs
421 protection plan is needed.
422 (f) The aquifers and springs of this state are complex
423 systems affected by many variables and influences and scientific
424 uncertainty exists regarding their present condition, the action
425 required to ensure their recovery and health, and the health and
426 vitality of the ecosystems they support. In implementing this
427 act, the department and the water management districts shall
428 take a precautionary approach to springs protection. Where the
429 possibility of significant or irreversible harm exists, the lack
430 of full scientific certainty may not be used as a reason for
431 postponing common-sense actions required to protect springs
432 under this part.
433 (4) The Legislature recognizes that sufficient information
434 exists to act, action is urgently needed, and action can be
435 continually modified as additional data is acquired. Therefore,
436 state agencies and water management districts shall work
437 together with local governments to delineate springsheds and
438 spring protection and management zones and develop comprehensive
439 plans and land development regulations that protect the springs
440 of this state for future generations.
441 Section 7. Section 373.802, Florida Statutes, is created to
442 read:
443 373.802 Definitions.—As used in this part, the term:
444 (1) “Bedroom” means a room that can be used for sleeping
445 and that:
446 (a) For site-built dwellings, has a minimum of 70 square
447 feet of conditioned space;
448 (b) For manufactured homes, is constructed according to the
449 standards of the United States Department of Housing and Urban
450 Development and has a minimum of 50 square feet of floor area;
451 (c) Is located along an exterior wall;
452 (d) Has a closet and a door or an entrance where a door
453 could be reasonably installed; and
454 (e) Has an emergency means of escape and a rescue opening
455 in accordance with the Florida Building Code.
456
457 A room may not be considered a bedroom if it is used to access
458 another room except a bathroom or closet and the term does not
459 include a hallway, bathroom, kitchen, living room, family room,
460 dining room, den, breakfast nook, pantry, laundry room, sunroom,
461 recreation room, media/video room, or exercise room.
462 (2) “Department” means the Department of Environmental
463 Protection, which includes the Florida Geological Survey or its
464 successor agency or agencies.
465 (3) “Local government” means a county or municipal
466 government the jurisdictional boundaries of which include an
467 Outstanding Florida Spring, or any part of a delineated
468 springshed or spring protection and management zone for an
469 Outstanding Florida Spring.
470 (4) “Onsite sewage treatment and disposal system” means a
471 system that contains a standard subsurface, filled, or mound
472 drainfield system; an aerobic treatment unit; a graywater system
473 tank; a laundry wastewater system tank; a septic tank; a grease
474 interceptor; a pump tank; a solids or effluent pump; a
475 waterless, incinerating, or organic waste-composting toilet; or
476 a sanitary pit privy that is installed or proposed to be
477 installed beyond the building sewer on land of the owner or on
478 other land to which the owner has the legal right to install a
479 system. The term includes any item placed within, or intended to
480 be used as a part of or in conjunction with, the system. The
481 term does not include package sewage treatment facilities and
482 other treatment works regulated under chapter 403.
483 (5) “Outstanding Florida Spring” includes all historic
484 first magnitude springs, as determined by the department using
485 the most recent version of the Florida Geological Survey’s
486 springs bulletin, and the following springs and their associated
487 spring runs:
488 (a) DeLeon Spring;
489 (b) Peacock Spring;
490 (c) Rock Springs;
491 (d) Wekiwa Spring; and
492 (e) Gemini Spring.
493 (6) “Responsible management entity” means a legal entity
494 established for the purpose of providing localized management
495 services with the requisite managerial, financial, and technical
496 capacity to ensure long-term management of an onsite sewage
497 treatment and disposal system within its jurisdiction.
498 (7) “Spring protection and management zone” means the areas
499 of a springshed where the Floridan Aquifer is vulnerable to
500 surface sources of contamination or reduced levels, as
501 determined by the department in consultation with the
502 appropriate water management districts.
503 (8) “Spring run” means a body of flowing water that
504 originates from a spring or whose primary source of water is
505 from a spring or springs under average rainfall conditions.
506 (9) “Springshed” means the areas within the groundwater and
507 surface water basins which have historically contributed to the
508 discharge of a spring as defined by potentiometric surface maps
509 and surface watershed boundaries.
510 (10) “Spring vent” means a location where groundwater flows
511 out of a natural, discernable opening in the ground onto the
512 land surface or into a predominantly fresh surface water.
513 Section 8. Section 373.803, Florida Statutes, is created to
514 read:
515 373.803 Delineation of spring protection and management
516 zones for Outstanding Florida Springs.—
517 (1) Using the best data available from the water management
518 districts and other credible sources, the department, in
519 consultation with the water management districts, shall
520 delineate the spring protection and management zone for each
521 Outstanding Florida Spring. The delineation of spring protection
522 and management zones must be completed by July 1, 2015, unless a
523 water management district provides sufficient and appropriate
524 evidence to the department that it is in the best interest of
525 the public to justify extending the deadline for up to 1 year.
526 (2) Each water management district shall adopt by rule,
527 pursuant to ss. 120.536(1) and 120.54, maps that depict the
528 delineated spring protection and management zones for each
529 Outstanding Florida Spring within its jurisdiction.
530 Section 9. Section 373.805, Florida Statutes, is created to
531 read:
532 373.805 Minimum flow and level for Outstanding Florida
533 Springs.—
534 (1) By July 1, 2015, each water management district shall
535 establish a minimum flow and a minimum water level for each
536 Outstanding Florida Springs located partially or fully within
537 its jurisdiction in accordance with ss. 373.042 and 373.0421.
538 The deadline may be extended each year if a water management
539 district provides sufficient evidence to the department that an
540 extension is in the best interest of the public.
541 (2) If a minimum flow and a minimum water level have not
542 been set for an Outstanding Florida Spring by July 1, 2015, a
543 water management district may only approve a consumptive use
544 permit application if the applicant provides reasonable
545 assurance that the withdrawal will not cause harm to the
546 Outstanding Florida Spring.
547 (3) If sufficient water is not available to meet an adopted
548 minimum flow and water level, the water management district,
549 pursuant to s. 373.0421(2), shall implement a recovery or
550 prevention strategy for the Outstanding Florida Spring by July
551 1, 2017. The recovery or prevention strategy for each
552 Outstanding Florida Spring must include, at a minimum:
553 (a) A listing of all specific projects identified for
554 implementation to achieve the recovery or prevention strategy;
555 (b) A priority listing of each project;
556 (c) The estimated cost for each listed project; and
557 (d) The source and amount of financial assistance from the
558 water management district for each project, which may not be
559 less than 25 percent of the total project cost.
560 (4) The water management districts may adopt rules to meet
561 the objectives of this subsection.
562 Section 10. Section 373.807, Florida Statutes, is created
563 to read:
564 373.807 Protection of water quality in Outstanding Florida
565 Springs.—By July 1, 2015, the department shall assess each
566 Outstanding Florida Spring for which an impairment determination
567 has not been made under the numeric nutrient standards in effect
568 for springs vents.
569 (1) BASIN MANAGEMENT ACTION PLAN.—
570 (a) By July 1, 2017, the department shall develop a basin
571 management action plan as specified in s. 403.067(7) for each
572 Outstanding Florida Spring impaired by nutrients. A plan for
573 such spring completed prior to July 1, 2014, must be revised to
574 meet the requirements of this section by July 1, 2017.
575 (b) Each basin management action plan required under this
576 subsection must consider the spring protection and management
577 zone delineations established pursuant to s. 373.803 and include
578 a detailed allocation of the pollutant load to each identified
579 point source or category of nonpoint sources, including, but not
580 limited to, agricultural fertilizer, onsite treatment and
581 disposal systems, animal wastes, wastewater treatment
582 facilities, stormwater, and residential lawn fertilizer.
583 (2) REQUIREMENTS.—Each local government, wastewater
584 treatment facility, and agricultural producer located partially
585 or fully within a spring protection and management zone of an
586 Outstanding Florida Spring impaired by nutrients are required to
587 abide by the following provisions, as applicable:
588 (a) Within six months of the delineation of the spring
589 protection and management zone of an Outstanding Florida Spring
590 within its jurisdiction, a local government must:
591 1. Develop and implement an ordinance that meets the
592 minimum requirements of the department’s Model Ordinance for
593 Florida-Friendly Fertilizer Use on Urban Landscapes. Such
594 ordinance must require that, within a spring protection and
595 management zone of an Outstanding Florida Spring impaired by
596 nutrients, the nitrogen content of any fertilizer applied to
597 turf or landscape plants must contain at least 50 percent slow
598 release nitrogen per guaranteed analysis label and that annual
599 application rates of total nitrogen may not exceed the lowest,
600 basic maintenance rate recommended by the Institute of Food and
601 Agricultural Sciences as of August 2013. The department shall
602 adopt rules to implement this subparagraph which set reasonable
603 minimum standards that local governments must impose and reflect
604 advancements or improvements regarding best management
605 practices.
606 2. Create or revise its stormwater management plan to
607 address nutrient pollution from point sources and nonpoint
608 sources of stormwater in accordance with s. 403.0891.
609 Notwithstanding s. 403.0891(3)(b), a local government must
610 consult with the appropriate water management district, the
611 Department of Transportation, and the department before adopting
612 or updating its local government comprehensive plan or public
613 facilities report, as applicable, as required under s. 189.415.
614 (b) Each wastewater treatment facility must meet a standard
615 of no more than 3 mg/L Total Nitrogen, expressed as N, on an
616 annual basis by July 1, 2019, unless granted a variance or an
617 exemption under s. 373.813.
618 (c) Each agricultural producer, within 2 years after the
619 adoption of a basin management action plan, must:
620 1. Implement the best management practices or other
621 measures necessary to achieve pollution reduction levels
622 established by the department pursuant to s. 403.067(7)(c); or
623 conduct water quality monitoring prescribed by the department or
624 the applicable water management district.
625 2. The Department of Agriculture and Consumer Services, in
626 consultation with the department, shall develop rules to
627 implement this paragraph.
628 (d) A local government or wastewater treatment facility
629 shall file a plan for achieving the goals required under this
630 subsection by July 1, 2015, with the department for approval.
631 Upon a showing to the department of inordinate expense or that a
632 delay is in the best interest of the public. The department may
633 grant a local government or wastewater treatment facility an
634 extension of up to two years.
635 (3) CENTRAL SEWERAGE SYSTEMS AND ONSITE SEWAGE TREATMENT
636 AND DISPOSAL SYSTEMS.—In developing a basin management action
637 plan for an Outstanding Florida Spring, the department, in
638 consultation with the Department of Health and local
639 governments, must identify onsite sewage treatment and disposal
640 systems serving single-family residential properties of less
641 than 1 acre and multi-family residential, commercial, and
642 industrial properties located within a spring protection and
643 management zone. Within 1 year of identification of these
644 systems, and in consultation with the department, the local
645 governments in which they are located shall develop an onsite
646 sewage treatment and disposal system remediation plan. For each
647 onsite sewage treatment and disposal system, the plan must
648 include whether the system requires upgrading, connection to a
649 central sewerage system, or no action. The plan must also
650 include a priority ranking for each system or group of systems
651 that requires remediation. Each remediation plan must be
652 submitted to the department for approval. Following approval of
653 the remediation plan, the local government shall begin
654 implementing the approved remediation plan. The costs of
655 connection to or upgrading the onsite sewage treatment and
656 disposal systems may not be imposed upon the property owner.
657 (4) FUNDING.—
658 (a) In order to satisfy the requirements under this
659 section, state agencies, water management districts, local
660 governments, special districts, utilities, regional management
661 entities, and agricultural producers, in cooperation with
662 property owners and agricultural producers, may submit a project
663 proposal to the Acquisition and Restoration Council, pursuant to
664 s. 259.035, in order to receive funding for up to 75 percent of
665 the total project cost, except for projects to upgrade or
666 connect onsite sewage treatment and disposal systems. Projects
667 submitted by a fiscally constrained county, as described in s.
668 218.67(1), or a municipality located therein, are eligible for
669 funding for up to 100 percent of the total project cost.
670 (b) Projects approved by the Acquisition and Restoration
671 Council shall be funded by moneys from documentary stamp tax
672 revenues deposited into the Ecosystem Management and Restoration
673 Trust Fund in accordance with s. 201.15(1)(c). The Legislature
674 may use other sources of revenues to fund projects submitted to
675 the Acquisition and Restoration Council pursuant to this part.
676 (c) The department may distribute moneys deposited into the
677 Ecosystem Management and Restoration Trust Fund pursuant to
678 paragraph (b) to any entity that submits a project proposal
679 application to the Acquisition and Restoration Council for which
680 funding is approved. The department shall distribute moneys to
681 state agencies and water management districts for all reasonable
682 administrative costs related to implementing this part.
683 (d) Moneys in the fund not needed to meet obligations
684 incurred under this section shall be deposited to the credit of
685 the fund and may be invested in the manner provided by law.
686 Interest received on such investments shall be credited to the
687 Ecosystem Management and Restoration Trust Fund for springs
688 protection and restoration.
689 Section 11. Section 373.809, Florida Statutes, is created
690 to read:
691 373.809 Prohibited activities within a spring protection
692 and management zone of an Outstanding Florida Spring.—
693 (1) The issuance of new permits for the following
694 activities is prohibited within a spring protection and
695 management zone of an Outstanding Florida Spring:
696 (a) A municipal or industrial wastewater disposal system,
697 including rapid infiltration basins, except systems that meet an
698 advanced wastewater treatment standard of no more than 3 mg/L
699 Total Nitrogen, expressed as N, on an annual permitted basis, or
700 a higher treatment standard if the department determines that
701 the higher standard is necessary to prevent impairment or aid in
702 the recovery of an Outstanding Florida Spring.
703 (b) An onsite sewage treatment and disposal system, except
704 a system on a lot with a ratio of one bedroom per acre or
705 greater or an active or passive performance-based onsite sewage
706 disposal and treatment system that can achieve 3 mg/L or less
707 total nitrogen at the property boundary.
708 (c) A facility for the transfer, storage, or disposal of
709 hazardous waste.
710 (2) Each local government shall ensure that its
711 comprehensive plan reflects such prohibitions and that they are
712 implemented through passage of local ordinances.
713 Section 12. Section 373.811, Florida Statutes, is created
714 to read:
715 373.811 Rules.—
716 (1) The department, the Department of Health, the
717 Department of Agriculture and Consumer Services, water
718 management districts, the Acquisition and Restoration Council,
719 and responsible management entities may adopt rules pursuant to
720 ss. 120.536(1) and 120.54 to administer this part, as
721 applicable.
722 (2)(a) The Department of Agriculture and Consumer Services
723 is the lead agency coordinating the reduction of agricultural
724 nonpoint sources of pollution for Outstanding Florida Springs
725 protection. The Department of Agriculture and Consumer Services
726 and the department, pursuant to s. 403.067(7)(c)4., shall study
727 and, if necessary, in cooperation with applicable county and
728 municipal governments, and stakeholders, initiate rulemaking to
729 implement new or revised best management practices for improving
730 and protecting Outstanding Florida Springs and for requiring the
731 implementation of such practices within a reasonable time period
732 as specified by rule.
733 (b) The department, the Department of Agriculture and
734 Consumer Services, and the University of Florida’s Institute of
735 Food and Agricultural Sciences shall cooperate in conducting the
736 necessary research and demonstration projects to develop
737 improved or additional nutrient management tools, including the
738 use of controlled release fertilizer that can be used by
739 agricultural producers as part of an agricultural best
740 management practices program. The development of such tools must
741 reflect a balance between water quality improvements and
742 agricultural productivity and, when applicable, must be
743 incorporated into the revised best management practices adopted
744 by rule of the Department of Agriculture and Consumer Services.
745 Section 13. Section 373.813, Florida Statutes, is created
746 to read:
747 373.813 Variances and exemptions.—
748 (1) A person may apply to the appropriate agency or a water
749 management district for a variance or an exemption from any
750 requirement in this part. An agency or a water management
751 district may approve the application upon receiving reasonable
752 assurance that the applicant’s proposed activity, evaluated
753 individually or as part of cumulative impacts, will not cause or
754 contribute to violations of water quality standards or minimum
755 flows or levels in an Outstanding Florida Spring.
756 (2) Until funding becomes available as provided for in s.
757 201.15(1)(c)3.b., or the Legislature provides another source of
758 funding, remedial actions are not required under this part,
759 unless required as a component in the development of or
760 compliance with a basin management action plan.
761 Section 14. Present paragraphs (n) through (q) of
762 subsection (2) of section 381.0065, Florida Statutes, are
763 redesignated as paragraphs (o) through (r), respectively, a new
764 paragraph (n) is added to that subsection, and subsection (7) is
765 added to that section, to read:
766 381.0065 Onsite sewage treatment and disposal systems;
767 regulation.—
768 (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
769 term:
770 (n) “Responsible management entity” means a legal entity
771 established to be responsible for providing localized management
772 services that have the requisite managerial, financial, and
773 technical capacity to ensure long-term management of onsite
774 sewage treatment and disposal systems within its jurisdiction.
775 (7) RESPONSIBLE MANAGEMENT ENTITIES.—
776 (a) By March 1, 2015, the department and the Department of
777 Environmental Protection shall submit a report and
778 recommendations to the Governor, the President of the Senate,
779 and the Speaker of the House of Representatives on the creation
780 and operation of responsible management entities within spring
781 protection and management zones of Outstanding Florida Springs,
782 as defined in s. 373.802, which are impaired by nutrients. The
783 report must focus on the feasibility of different management
784 models to prevent, reduce, and control nutrient pollution from
785 onsite sewage treatment and disposal systems, including the
786 costs associated with each model. In addition, the report must
787 compare the results of the differing management models to a
788 mandatory onsite sewage treatment and disposal system evaluation
789 and assessment program or any other option that would achieve
790 similar nutrient pollution reductions in the short and long
791 term.
792 (b) Notwithstanding paragraph (a), a municipality, county,
793 or appointed regional entity may establish, upon approval by the
794 department, a responsible management entity for the prevention,
795 reduction, and control of nutrient pollution caused by
796 discharges from onsite sewage treatment and disposal systems.
797 Responsible management entities may implement rules and
798 maintenance programs in coordination with the department. The
799 authority of the responsible management entity includes, but is
800 not limited to, permitting development of system performance
801 standards; development of standards for construction, operation,
802 and inspections; maintenance programs for onsite sewage
803 treatment and disposal systems; coordinated planning with other
804 local wastewater service providers for nutrient reduction; and
805 consolidation of multiple, smaller individual projects into a
806 single project proposal for submission to the Acquisition and
807 Restoration Council pursuant to s. 373.807.
808 (c) The department shall ensure that responsible management
809 entities adopt rules and policies that are at least as
810 restrictive as state law.
811 Section 15. Paragraphs (a) and (c) of subsection (7) of
812 section 403.067, Florida Statutes, are amended to read:
813 403.067 Establishment and implementation of total maximum
814 daily loads.—
815 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
816 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
817 (a) Basin management action plans.—
818 1. In developing and implementing the total maximum daily
819 load for a water body, The department, or the department in
820 conjunction with a water management district, if not otherwise
821 required to do so under applicable law, may develop a basin
822 management action plan that addresses some or all of the
823 watersheds and basins tributary to the water body. Such plan
824 must integrate the appropriate management strategies available
825 to the state through existing water quality protection programs
826 to achieve compliance or to prevent noncompliance with water
827 quality standards the total maximum daily loads and may provide
828 for phased implementation of these management strategies to
829 promote timely, cost-effective actions as provided for in s.
830 403.151. The plan must establish a schedule implementing the
831 management strategies, establish a basis for evaluating the
832 plan’s effectiveness, and identify feasible funding strategies
833 for implementing the plan’s management strategies. The
834 management strategies may include regional treatment systems or
835 other public works, where appropriate, and voluntary trading of
836 water quality credits to achieve the needed pollutant load
837 reductions.
838 2. A basin management action plan must equitably allocate,
839 pursuant to paragraph (6)(b), pollutant reductions to individual
840 basins, as a whole to all basins, or to each identified point
841 source or category of nonpoint sources, as appropriate. If the
842 water body is an Outstanding Florida Spring, the plan must
843 allocate pollutant reductions, including loads to groundwater,
844 to each identified point source or category of nonpoint sources
845 within a spring protection and management zone delineated
846 pursuant to s. 373.803. For nonpoint sources for which best
847 management practices have been adopted, the initial requirement
848 specified by the plan must be those practices developed pursuant
849 to paragraph (c). If Where appropriate, the plan may take into
850 account the benefits of pollutant load reduction achieved by
851 point or nonpoint sources that have implemented management
852 strategies to reduce pollutant loads, including best management
853 practices, before the development of the basin management action
854 plan. The plan must also identify the mechanisms that will
855 prevent address potential future increases in pollutant loading.
856 3. The basin management action planning process is intended
857 to involve the broadest possible range of interested parties,
858 with the objective of encouraging the greatest amount of
859 cooperation and consensus possible. In developing a basin
860 management action plan, the department shall assure that key
861 stakeholders, including, but not limited to, applicable local
862 governments, water management districts, the Department of
863 Agriculture and Consumer Services, other appropriate state
864 agencies, local soil and water conservation districts,
865 environmental groups, regulated interests, and affected
866 pollution sources, are invited to participate in the process.
867 The department shall hold at least one public meeting in the
868 vicinity of the watershed or basin to discuss and receive
869 comments during the planning process and shall otherwise
870 encourage public participation to the greatest practicable
871 extent. Notice of the public meeting must be published in a
872 newspaper of general circulation in each county in which the
873 watershed or basin lies not less than 5 days nor more than 15
874 days before the public meeting. A basin management action plan
875 does not supplant or otherwise alter any assessment made under
876 subsection (3) or subsection (4) or any calculation or initial
877 allocation.
878 4. The department shall adopt all or any part of a basin
879 management action plan and any amendment to such plan by
880 secretarial order pursuant to chapter 120 to implement the
881 provisions of this section.
882 5. The basin management action plan must include milestones
883 for implementation and water quality improvement, and an
884 associated water quality monitoring component sufficient to
885 evaluate whether reasonable progress in pollutant load
886 reductions is being achieved over time. An assessment of
887 progress toward these milestones shall be conducted every 5
888 years, and revisions to the plan shall be made as appropriate.
889 Revisions to the basin management action plan shall be made by
890 the department in cooperation with basin stakeholders. Revisions
891 to the management strategies required for nonpoint sources must
892 follow the procedures set forth in subparagraph (c)4. Revised
893 basin management action plans must be adopted pursuant to
894 subparagraph 4.
895 6. In accordance with procedures adopted by rule under
896 paragraph (9)(c), basin management action plans, and other
897 pollution control programs under local, state, or federal
898 authority as provided in subsection (4), may allow point or
899 nonpoint sources that will achieve greater pollutant reductions
900 than required by an adopted total maximum load or wasteload
901 allocation to generate, register, and trade water quality
902 credits for the excess reductions to enable other sources to
903 achieve their allocation; however, the generation of water
904 quality credits does not remove the obligation of a source or
905 activity to meet applicable technology requirements or adopted
906 best management practices. Such plans must allow trading between
907 NPDES permittees, and trading that may or may not involve NPDES
908 permittees, where the generation or use of the credits involve
909 an entity or activity not subject to department water discharge
910 permits whose owner voluntarily elects to obtain department
911 authorization for the generation and sale of credits.
912 7. The provisions of The department’s rule relating to the
913 equitable abatement of pollutants into surface waters do not
914 apply to water bodies or water body segments for which a basin
915 management plan that takes into account future new or expanded
916 activities or discharges has been adopted under this section.
917 (c) Best management practices.—
918 1. The department, in cooperation with the water management
919 districts and other interested parties, as appropriate, may
920 develop suitable interim measures, best management practices, or
921 other measures necessary to achieve the level of pollution
922 reduction established by the department for nonagricultural
923 nonpoint pollutant sources in allocations developed pursuant to
924 subsection (6) and this subsection. These practices and measures
925 may be adopted by rule by the department and the water
926 management districts and, if where adopted by rule, shall be
927 implemented by those parties responsible for nonagricultural
928 nonpoint source pollution.
929 2. The Department of Agriculture and Consumer Services may
930 develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
931 suitable interim measures, best management practices, or other
932 measures necessary to achieve the level of pollution reduction
933 established by the department for agricultural pollutant sources
934 in allocations developed pursuant to subsection (6) and this
935 subsection or for programs implemented pursuant to paragraph
936 (12)(b) (13)(b). These practices and measures may be implemented
937 by those parties responsible for agricultural pollutant sources
938 and the department, the water management districts, and the
939 Department of Agriculture and Consumer Services shall assist
940 with implementation. In the process of developing and adopting
941 rules for interim measures, best management practices, or other
942 measures, the Department of Agriculture and Consumer Services
943 shall consult with the department, the Department of Health, the
944 water management districts, representatives from affected
945 farming groups, and environmental group representatives. Such
946 rules must also incorporate provisions for a notice of intent to
947 implement the practices and a system to assure the
948 implementation of the practices, including recordkeeping
949 requirements.
950 3. Where interim measures, best management practices, or
951 other measures are adopted by rule, the effectiveness of such
952 practices in achieving the levels of pollution reduction
953 established in allocations developed by the department pursuant
954 to subsection (6) and this subsection or in programs implemented
955 pursuant to paragraph (12)(b) (13)(b) must be verified at
956 representative sites by the department. The department shall use
957 best professional judgment in making the initial verification
958 that the best management practices are reasonably expected to be
959 effective and, if where applicable, must notify the appropriate
960 water management district or the Department of Agriculture and
961 Consumer Services of its initial verification before the
962 adoption of a rule proposed pursuant to this paragraph.
963 Implementation, in accordance with rules adopted under this
964 paragraph, of practices that have been initially verified to be
965 effective, or verified to be effective by monitoring at
966 representative sites, by the department, shall provide a
967 presumption of compliance with state water quality standards and
968 release from the provisions of s. 376.307(5) for those
969 pollutants addressed by the practices, and the department is not
970 authorized to institute proceedings against the owner of the
971 source of pollution to recover costs or damages associated with
972 the contamination of surface water or groundwater caused by
973 those pollutants. Research projects funded by the department, a
974 water management district, or the Department of Agriculture and
975 Consumer Services to develop or demonstrate interim measures or
976 best management practices shall be granted a presumption of
977 compliance with state water quality standards and a release from
978 the provisions of s. 376.307(5). The presumption of compliance
979 and release is limited to the research site and applies only for
980 those pollutants addressed by the interim measures or best
981 management practices. Eligibility for the presumption of
982 compliance and release is limited to research projects on sites
983 where the owner or operator of the research site and the
984 department, a water management district, or the Department of
985 Agriculture and Consumer Services have entered into a contract
986 or other agreement that, at a minimum, specifies the research
987 objectives, the cost-share responsibilities of the parties, and
988 a schedule that details the beginning and ending dates of the
989 project.
990 4. Where water quality problems are demonstrated, despite
991 the appropriate implementation, operation, and maintenance of
992 best management practices and other measures required by rules
993 adopted under this paragraph, the department, a water management
994 district, or the Department of Agriculture and Consumer
995 Services, in consultation with the department, shall institute a
996 reevaluation of the best management practice or other measure.
997 If Should the reevaluation determines determine that the best
998 management practice or other measure requires modification, the
999 department, a water management district, or the Department of
1000 Agriculture and Consumer Services, as appropriate, shall revise
1001 the rule to require implementation of the modified practice
1002 within a reasonable time period as specified in the rule.
1003 5. Agricultural records relating to processes or methods of
1004 production, costs of production, profits, or other financial
1005 information held by the Department of Agriculture and Consumer
1006 Services pursuant to subparagraphs 3. and 4. or pursuant to any
1007 rule adopted pursuant to subparagraph 2. are confidential and
1008 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
1009 Constitution. Upon request, records made confidential and exempt
1010 pursuant to this subparagraph shall be released to the
1011 department or any water management district provided that the
1012 confidentiality specified by this subparagraph for such records
1013 is maintained.
1014 6. The provisions of Subparagraphs 1. and 2. do not
1015 preclude the department or water management district from
1016 requiring compliance with water quality standards or with
1017 current best management practice requirements set forth in any
1018 applicable regulatory program authorized by law for the purpose
1019 of protecting water quality. Additionally, subparagraphs 1. and
1020 2. are applicable only to the extent that they do not conflict
1021 with any rules adopted by the department which that are
1022 necessary to maintain a federally delegated or approved program.
1023 Section 16. Section 381.00651, Florida Statutes, is
1024 repealed.
1025 Section 17. Comprehensive study on nutrient reduction
1026 improvements and the beneficial use of reclaimed water,
1027 stormwater, and excess surface water.—
1028 (1) The Department of Agriculture and Consumer Services and
1029 the Department of Environmental Protection, in cooperation with
1030 the five water management districts, shall conduct a
1031 comprehensive study on nutrient reduction improvements for row
1032 crops and for the expansion of the beneficial use of reclaimed
1033 water, stormwater, and excess surface water in this state. The
1034 final report of the study must:
1035 (a) Describe factors that currently prohibit or otherwise
1036 complicate the expansion of the beneficial use of reclaimed
1037 water and include recommendations for the mitigation or
1038 elimination of such factors.
1039 (b) Identify environmental, public health, public
1040 perception, engineering, and fiscal issues, and user fee
1041 amounts, including utility rate structures for potable and
1042 reclaimed water.
1043 (c) Identify areas in the state where making reclaimed
1044 water available for irrigation or other uses is necessary
1045 because the use of traditional water supply sources is
1046 constrained by limitations on availability.
1047 (d) Evaluate the costs to users of reclaimed water compared
1048 to the cost associated with traditional water sources, including
1049 an examination of the nutrient concentrations in reclaimed water
1050 and the necessity for additional fertilizer supplementation.
1051 (e) Evaluate permitting incentives, such as further
1052 extending current authorization for long-term consumptive
1053 permits to all entities substituting reclaimed water for
1054 traditional water sources or including in such permits a
1055 provision that authorizes conversion to traditional water
1056 sources if reclaimed water becomes unavailable or cost
1057 prohibitive.
1058 (f) Describe the basic feasibility, benefit, and cost
1059 estimates for the infrastructure needed to construct regional
1060 storage features on public or private lands for reclaimed water,
1061 stormwater, or excess surface water, including collection and
1062 delivery mechanisms for beneficial uses rather than discharge to
1063 tide, such as agricultural irrigation, power generation, public
1064 water supply, wetland restoration, groundwater recharge, and
1065 water body base flow augmentation.
1066 (g) Describe any other alternative processes, systems, or
1067 technology that may be comparable or preferable to a regional
1068 storage system or that may effectively complement or be a
1069 substitute for a regional storage system.
1070 (h) Evaluate the impact of implementation of a
1071 comprehensive reclaimed water plan on traditional water sources
1072 and aquifer levels.
1073 (i) Evaluate strategies to reduce nutrient loading from row
1074 crops in areas sensitive to nutrient pollution, including the
1075 application of organic fertilizers, or provide incentives for
1076 agricultural producers to plant crops that require less
1077 fertilization.
1078 (2) The Department of Agriculture and Consumer Services and
1079 the Department of Environmental Protection shall jointly hold a
1080 public meeting to gather input on the design of the
1081 comprehensive study and to provide an opportunity for public
1082 comment before publishing the final report of the study.
1083 (3) The final report shall be submitted to the Governor,
1084 the President of the Senate, and the Speaker of the House of
1085 Representatives by December 1, 2015.
1086 (4) This section expires on December 1, 2015.
1087 Section 18. This act shall take effect July 1, 2014.